[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2005 Edition]
[From the U.S. Government Printing Office]



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          50


          Parts 1 to 16

                         Revised as of October 1, 2005


          Wildlife and Fisheries
          
          


________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2005
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 50:
          Chapter I--United States Fish and Wildlife Service, 
          Department of the Interior                                 3
  Finding Aids:
      Material Approved for Incorporation by Reference........     103
      Table of CFR Titles and Chapters........................     105
      Alphabetical List of Agencies Appearing in the CFR......     123
      List of CFR Sections Affected...........................     133

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                     ----------------------------

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

                     ----------------------------

[[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

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2005), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[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.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

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appearing in the Code of Federal Regulations.

INQUIRIES

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register. The NARA site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

October 1, 2005.

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                               THIS TITLE

    Title 50--Fish and Wildlife is composed of eight volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95(b)), part 17 (17.95(c) to End), 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 six volumes (parts 1-16, 
part 17 (17.1 to 17.95(b)), part 17 (17.95(c) to End), 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 
seventh 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 
eighth 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, 2005.

    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.

    For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                   (This book contains parts 1 to 16)

  --------------------------------------------------------------------
                                                                    Part

chapter i--United States Fish and Wildlife Service, 
  Department of the Interior................................           1

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 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR




  --------------------------------------------------------------------

                    SUBCHAPTER A--GENERAL PROVISIONS
Part                                                                Page
1               Definitions.................................           5
2               Field organization..........................           5
3               Nondiscrimination--contracts, permits, and 
                    use of facilities.......................           6
   SUBCHAPTER B--TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, 
       BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS
10              General provisions..........................           8
11              Civil procedures............................          28
12              Seizure and forfeiture procedures...........          31
13              General permit procedures...................          40
14              Importation, exportation, and transportation 
                    of wildlife.............................          52
15              Wild Bird Conservation Act..................          79
16              Injurious wildlife..........................          92

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                     SUBCHAPTER A_GENERAL PROVISIONS





PART 1_DEFINITIONS--Table of Contents




Sec.
1.1 Meaning of terms.
1.2 Authorized representative.
1.3 Service.
1.4 Director.
1.5 Officer in Charge.
1.6 Person.
1.7 Regional director.
1.8 Secretary.

    Authority: 5 U.S.C. 301.

    Source: 31 FR 16002, Dec. 15, 1966, unless otherwise noted.



Sec. 1.1  Meaning of terms.

    As used in this chapter, unless separately defined, terms shall have 
the meaning ascribed in this part.



Sec. 1.2  Authorized representative.

    Authorized representative means the subordinate official to which a 
principal official has delegated authority to act on a particular matter 
or a class of matters. The Director, U.S. Fish and Wildlife Service is 
frequently the authorized representative of the Secretary of the 
Interior, as also may be a regional director or an officer in charge of 
a Service field installation.



Sec. 1.3  Service.

    Service means the United States Fish and Wildlife Service, 
Department of the Interior.



Sec. 1.4  Director.

    Director means the Director, U.S. Fish and Wildlife Service or the 
authorized representative of such official.

[48 FR 44833, Sept. 30, 1983]



Sec. 1.5  Officer in Charge.

    Officer in Charge means any person in charge of a national fish 
hatchery, national wildlife refuge, research center, or other U.S. Fish 
and Wildlife Service installation, or the authorized representative of 
such official.

[48 FR 44833, Sept. 30, 1983]



Sec. 1.6  Person.

    Person means an individual, club, association, partnership, 
corporation, or private or public body, any one or all, as the context 
requires.



Sec. 1.7  Regional director.

    Regional director means the official in charge of a region of the 
U.S. Fish and Wildlife Service or the authorized representative of such 
official.

[48 FR 44833, Sept. 30, 1983]



Sec. 1.8  Secretary.

    Secretary means the Secretary of the Interior or the authorized 
representative of such official.

[48 FR 44833, Sept. 30, 1983]



PART 2_FIELD ORGANIZATION--Table of Contents




Sec.
2.1 Regional offices.
2.2 Locations of regional offices.

    Authority: 5 U.S.C. 301.



Sec. 2.1  Regional offices.

    The program operations of the U.S. Fish and Wildlife Service are 
performed at various types of field installations, such as ecological 
services stations, endangered species stations, fishery assistance 
offices, national fish hatcheries, national wildlife refuges, research 
laboratories and wildlife assistance offices. Generally, field 
installations are responsible to the regional director who has 
jurisdiction over Service activities in the State(s) encompassed by the 
region. Unless otherwise stated for a particular matter in the 
regulations, all persons may secure from the regional offices 
information or make submittals or requests, as well as obtain forms and 
instructions as to the scope and contents of papers or reports required 
of the public.

[48 FR 44833, Sept. 30, 1983]



Sec. 2.2  Locations of regional offices.

    The geographic jurisdictions and addresses of the U.S. Fish and 
Wildlife regional offices are as follows:
    (a) Portland Regional Office (Region 1--comprising the States of 
California, Hawaii, Idaho, Nevada, Oregon, and Washington; the 
Commonwealth of the

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Northern Mariana Islands; and American Samoa, Guam and other Pacific 
possessions), Eastside Federal Complex, 911 N.E. 11th Avenue, Portland, 
Oregon 97232.
    (b) Albuquerque Regional Office (Region 2--comprising the States of 
Arizona, New Mexico, Oklahoma and Texas), 500 Gold Avenue, SW, Room 9018 
(P.O. Box 1306), Albuquerque, New Mexico 87103.
    (c) Twin Cities Regional Office (Region 3--comprising the States of 
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio and 
Wisconsin), One Federal Drive, Bishop Henry Whipple Federal Building, 
Fort Snelling, MN 55111.
    (d) Atlanta Regional Office (Region 4--comprising the States of 
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, 
North Carolina, South Carolina and Tennessee; the Commonwealth of Puerto 
Rico; and the Virgin Islands and Caribbean possessions), 1875 Century 
Center Boulevard, Suite 200, Atlanta, Georgia 30345.
    (e) Hadley Regional Office (Region 5--comprising the States of 
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, 
New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and 
West Virginia; and the District of Columbia), 300 Westgate Center Drive, 
Hadley, Massachusetts 01035.
    (f) Denver Regional Office (Region 6--comprising the States of 
Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah 
and Wyoming), 134 Union Boulevard (P.O. Box 25486), Denver Federal 
Center, Denver, Colorado 80225.
    (g) Alaska Regional Office (Region 7--comprising the State of 
Alaska), 1011 E. Tudor Road, Anchorage, Alaska 99503.

[48 FR 44833, Sept. 30, 1983, as amended at 60 FR 40302, Aug. 8, 1995; 
63 FR 52633, Oct. 1, 1998]



PART 3_NONDISCRIMINATION_CONTRACTS, PERMITS, AND USE OF FACILITIES
--Table of Contents




Sec.
3.1 Discrimination prohibited.
3.2 Federal financial assistance.
3.3 Discrimination by contractors and permittees prohibited.

    Authority: 5 U.S.C. 301. Interpret or apply sec. 602, 78 Stat. 252; 
42 U.S.C. 2000d-1; E.O. 10925, E.O. 11114.

    Source: 31 FR 16002, Dec. 15, 1966, unless otherwise noted.



Sec. 3.1  Discrimination prohibited.

    No person shall, on the ground of race, color, creed, or national 
origin, be excluded from participation in, be denied the benefits of, or 
be otherwise subjected to any form of discrimination or segregation 
under any program or activity, or in the use of any facility or 
accommodation of the Service.



Sec. 3.2  Federal financial assistance.

    The provisions of 43 CFR part 17, which implements title VI of the 
Civil Rights Act of 1964, are applicable to any program or activity for 
which Federal financial assistance is provided under any law 
administered by the Service, including the programs and activities that 
are federally assisted under the laws listed in Appendix A of 43 CFR 
part 17.



Sec. 3.3  Discrimination by contractors and permittees prohibited.

    The provisions of part III of Executive Order 10925 (3 CFR, 1959-
1963 Comp. p. 448) and the provisions of Executive Order 11114 (3 CFR, 
1959-1963 Comp. p. 774), as they may be amended, and the regulations of 
the President's Council on Equal Opportunity, the President's Committee 
on Equal Employment Opportunity, contained in 41 CFR part 60, and the 
Equal Employment Opportunity Commission are applicable to all 
agreements, or modifications thereof, between the Service and any person 
for supplies, services or facilities, or for the use of any Government 
property, services or facilities.
    (a) Any person who provides public accommodations, facilities, 
services, or privileges upon any land under the control or 
administration of the Service through a permit, contract, concession 
contract, or other form of agreement with the Service is prohibited from 
discriminating by segregation or otherwise against any person because of 
race, color, creed, or national origin in the furnishing or refusing to 
furnish

[[Page 7]]

such person any accommodation, facility, service, or privilege which is 
offered to or enjoyed by the general public, and will agree to abide by 
the prohibitions against discrimination contained in the permit, 
contract, or agreement.
    (b) Any person who uses, occupies, or possesses any land under the 
administration or control of the Service through a permit, contract, 
concession contract, or other form of agreement with the Bureau is 
prohibited, in conjunction with the acts or activities authorized or 
permitted by such permit, contract, or agreement, from discriminating 
against any employee or applicant for employment or maintaining any 
employment practice which discriminates in any manner because of race, 
color, creed, or national origin, and will agree to abide by the 
prohibitions against discrimination contained in the permit, contract, 
or agreement.

[[Page 8]]



SUBCHAPTER B_TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, 
           EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS





PART 10_GENERAL PROVISIONS--Table of Contents




                         Subpart A_Introduction

Sec.
10.1 Purpose of regulations.
10.2 Scope of regulations.
10.3 Other applicable laws.
10.4 When regulations apply.

                          Subpart B_Definitions

10.11 Scope of definitions.
10.12 Definitions.
10.13 List of Migratory Birds.

                           Subpart C_Addresses

10.21 Director.
10.22 Law enforcement offices.

    Authority: 18 U.S.C. 42; 16 U.S.C. 703-712; 16 U.S.C. 668a-d; 19 
U.S.C. 1202, 16 U.S.C. 1531-1543; 16 U.S.C. 1361-1384, 1401-1407; 16 
U.S.C. 742a-742j-l; 16 U.S.C. 3371-3378.

    Source: 38 FR 22015, Aug. 15, 1973, unless otherwise noted.



                         Subpart A_Introduction



Sec. 10.1  Purpose of regulations.

    The regulations of this Subchapter B are promulgated to implement 
the following statutes enforced by the U.S. Fish and Wildlife Service 
which regulate the taking, possession, transportation, sale, purchase, 
barter, exportation, and importation of wildlife:

Lacey Act, 18 U.S.C. 42.
Lacey Act Amendments of 1981, 16 U.S.C. 3371-3378.
Migratory Bird Treaty Act, 16 U.S.C. 703-712.
Bald and Golden Eagle Protection Act, 16 U.S.C. 668a-668d.
Endangered Species Act of 1973, 16 U.S.C. 1531-1543.
Tariff Classification Act of 1962, 19 U.S.C. 1202, [Schedule 1, Part 
15D, Headnote 2(d), T.S.U.S.].
Fish and Wildlife Act of 1956, 16 U.S.C. 742a-742j-l.
Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1384, 1401-1407.

[38 FR 22015, Aug. 15, 1973, as amended at 53 FR 6649, Mar. 2, 1988]



Sec. 10.2  Scope of regulations.

    The various parts of this subchapter B are interrelated, and 
particular note should be taken that the parts must be construed with 
reference to each other.



Sec. 10.3  Other applicable laws.

    No statute or regulation of any State shall be construed to relieve 
a person from the restrictions, conditions, and requirements contained 
in this subchapter B. In addition, nothing in this subchapter B, nor any 
permit issued under this subchapter B, shall be construed to relieve a 
person from any other requirements imposed by a statute or regulation of 
any State or of the United States, including any applicable health, 
quarantine, agricultural, or customs laws or regulations, or other 
Service enforced statutes or regulations.



Sec. 10.4  When regulations apply.

    The regulations of this subchapter B shall apply to all matters 
arising after the effective date of such regulations, with the following 
exceptions:
    (a) Civil penalty proceedings. Except as otherwise provided in Sec. 
11.25, the civil penalty assessment procedures contained in this 
subchapter B shall apply only to any proceeding instituted by notice of 
violation dated subsequent to the effective date of these regulations, 
regardless of when the act or omission which is the basis of a civil 
penalty proceeding occurred.
    (b) Permits. The regulations in this subchapter B shall apply to any 
permit application received after the effective date of the appropriate 
regulations in this subchapter B and, insofar as appropriate, to any 
permit which is renewed after such effective date.

[38 FR 22015, Aug. 15, 1973, as amended at 39 FR 1159, Jan. 4, 1974]

[[Page 9]]



                          Subpart B_Definitions



Sec. 10.11  Scope of definitions.

    In addition and subject to definitions contained in applicable 
statutes and subsequent parts or sections of this subchapter B, words or 
their variants shall have the meanings ascribed in this subpart. 
Throughout this subchapter B words in the singular form shall include 
the plural, words in the plural form shall include the singular, and 
words in the masculine form shall include the feminine.



Sec. 10.12  Definitions.

    Aircraft means any contrivance used for flight in the air.
    Amphibians means a member of the class, Amphibia, including, but not 
limited to, frogs, toads, and salamanders; including any part, product, 
egg, or offspring thereof, or the dead body or parts thereof (excluding 
fossils), whether or not included in a manufactured product or in a 
processed food product.
    Animal means an organism of the animal kingdom, as distinguished 
from the plant kingdom; including any part, product, egg, or offspring 
thereof, or the dead body or parts thereof (excluding fossils), whether 
or not included in a manufactured product or in a processed food 
product.
    Birds means a member of the class, Aves; including any part, 
product, egg, or offspring thereof, or the dead body or parts thereof 
(excluding fossils), whether or not included in a manufactured product 
or in a processed food product.
    Country of exportation means the last country from which the animal 
was exported before importation into the United States.
    Country of origin means the country where the animal was taken from 
the wild, or the country of natal origin of the animal.
    Crustacean means a member of the class, Crustacea, including but not 
limited to, crayfish, lobsters, shrimps, crabs, barnacles, and some 
terrestrial forms; including any part, product, egg, or offspring 
thereof, or the dead body or parts thereof (excluding fossils), whether 
or not included in a manufactured product or in a processed food 
product.
    Director means the Director of the United States Fish and Wildlife 
Service, Department of the Interior, or his authorized representative.
    Endangered wildlife means any wildlife listed in Sec. 17.11 or 
Sec. 17.12 of this subchapter.
    Fish means a member of any of the following classes:
    (1) Cyclostomata, including, but not limited to, hagfishes and 
lampreys;
    (2) Elasmobranchii, including but not limited to, sharks, skates, 
and rays; and
    (3) Pisces, including but not limited to trout, perch, bass, 
minnows, and catfish; including any part, product, egg, or offspring 
thereof, or the dead body or parts thereof (excluding fossils), whether 
or not included in a manufactured product or in a processed food 
product.
    Fish or wildlife means any wild animal, whether alive or dead, 
including without limitation any wild mammal, bird, reptile, amphibian, 
fish, mollusk, crustacean, arthropod, coelenterate, or other 
invertebrate, whether or not bred, hatched, or born in captivity, and 
including any part, product, egg, or offspring thereof.
    Foreign commerce includes, among other things, any transaction (1) 
between persons within one foreign country, or (2) between persons in 
two or more foreign countries, or (3) between a person within the United 
States and a person in one or more foreign countries, or (4) between 
persons within the United States, where the fish or wildlife in question 
are moving in any country or countries outside the United States.
    Fossil means the remains of an animal of past geological ages which 
has been preserved in the earth's crust through mineralization of the 
object.
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into any place subject to the 
jurisdiction of the United States, whether or not such landing, 
bringing, or introduction constitutes an importation within the meaning 
of the tariff laws of the United States.

[[Page 10]]

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

[[Page 11]]

the District of Columbia, the Commonwealth of Puerto Rico, American 
Samoa, the Virgin Islands, and Guam.
    Whoever means the same as person.
    Wildlife means the same as fish or wildlife.

[38 FR 22015, Aug. 15, 1973, as amended at 42 FR 32377, June 24, 1977; 
42 FR 59358, Nov. 16, 1977; 45 FR 56673, Aug. 25, 1980; 50 FR 52889, 
Dec. 26, 1985]



Sec. 10.13  List of Migratory Birds.

    The following is a list of all species of migratory birds protected 
by the Migratory Bird Treaty Act (16 U.S.C. 703-711) and subject to the 
regulations on migratory birds contained in this subchapter B of title 
50 CFR. The species listed are those protected by the Convention for the 
Protection of Migratory Birds, August 16, 1916, United States-Great 
Britain (on behalf of Canada), 39 Stat. 1702, T.S. No. 628; the 
Convention for the Protection of Migratory Birds and Game Mammals, 
February 7, 1936, United States-Mexico, 50 Stat. 1311, T.S. No. 912; the 
Convention for the Protection of Migratory Birds and Birds in Danger of 
Extinction, and Their Environment, March 4, 1972, United States-Japan, 
25 U.S.T. 3329, T.I.A.S. No. 7990; and the Convention for the 
Conservation of Migratory Birds and Their Environment, United States-
U.S.S.R., November 26, 1976, 92 Stat. 3110, T.I.A.S. 9073, 16 U.S.C. 
703, 712. The species are listed two ways. In the first part of the List 
species are arranged alphabetically by English (common) name groups, 
with the scientific name following the English (common) name. All 
species of ducks are listed together under the heading ``Ducks''. In the 
second part of the List, species are listed by scientific name arranged 
in taxonomic order. Taxonomy and nomenclature follows the American 
Ornithologists' Union's Check-list of North American Birds (6th Edition, 
1983).

                         I. Alphabetical Listing

Accentor, Siberian, Prunella montanella
Albatross:
    Black-footed, Diomedea nigripes
    Laysan, Diomedea immutabilis
    Short-tailed, Diomedea albatrus
    Yellow-nosed, Diomedea chlororhynchos
Anhinga, Anhinga anhinga
Ani:
    Groove-billed, Crotophaga sulcirostris
    Smooth-billed, Crotophaga ani
Auklet:
    Cassin's, Ptychoramphus aleuticus
    Crested, Aethia cristatella
    Least, Aethia pusilla
    Parakeet, Cyclorrhynchus psittacula
    Rhinoceros, Cerorhinca monocerata
    Whiskered, Aethia pygmaea
Avocet, American, Recurvirostra americana
Barn-Owl, Common, Tyto alba
Beardless-Tyrannulet, Northern, Camptostoma imberbe
Becard, Rose-throated, Pachyramphus aglaiae
Bittern:
    American, Botaurus lentiginosus
    Chinese, Ixobrychus sinensis
    Least, Ixobrychus exilis
    Schrenk's, Ixobrychus eurhythmus
Black-Hawk, Common, Buteogallus anthracinus
Blackbird:
    Brewer's, Euphagus cyanocephalus
    Red-winged, Agelaius phoeniceus
    Rusty, Euphagus carolinus
    Tawny-shouldered, Agelaius humeralis
    Tricolored, Agelaius tricolor
    Yellow-headed, Xanthocephalus xanthocephalus
    Yellow-shouldered, Agelaius xanthomus
Bluebird:
    Eastern, Sialia sialis
    Mountain, Sialia currucoides
    Western, Sialia mexicana
Bluethroat, Luscinia svecica
Bobolink, Dolichonyx oryzivorus
Booby:
    Blue-footed, Sula nebouxii
    Brown, Sula leucogaster
    Masked, Sula dactylatra
    Red-footed, Sula sula
Brambling, Fringilla montifringilla
Brant, Branta bernicla
Bufflehead (see DUCKS)
Bullfinch:
    Eurasian, Pyrrhula pyrrhula
    Puerto Rican, Loxigilla portoricensis
Bunting:
    Indigo, Passerina cyanea
    Lark, Calamospiza melanocorys
    Lazuli, Passerina amoena
    McKay's, Plectrophenax hyperboreus
    Painted, Passerina ciris
    Reed (see Reed-Bunting)
    Rustic, Emberiza rustica
    Snow, Plectrophenax nivalis
    Varied, Passerina versicolor
Bushtit, Psaltriparus minimus
Canvasback (see DUCKS)
Caracara, Crested, Polyborus plancus
Cardinal, Northern, Cardinalis cardinalis
Carib, Green-throated, Eulampis holosericeus
Catbird, Gray, Dumetella carolinensis
Chat, Yellow-breasted, Icteria virens
Chickadee (see Tit):
    Black-capped, Parus atricapillus
    Boreal, Parus hudsonicus
    Carolina, Parus carolinensis

[[Page 12]]

    Chestnut-backed, Parus rufescens
    Mexican, Parus sclateri
    Mountain, Parus gambeli
Chuck-will's-widow, Caprimulgus carolinensis
Condor, California, Gymnogyps californianus
Coot:
    American, Fulica americana
    Caribbean, Fulica caribaea
    Eurasian, Fulica atra
Cormorant:
    Brandt's, Phalacrocorax penicillatus
    Double-crested, Phalacrocorax auritus
    Great, Phalacrocorax carbo
    Olivaceous, Phalacrocorax olivaceus
    Pelagic, Phalacrocorax pelagicus
    Red-faced, Phalacrocorax urile
Cowbird:
    Bronzed, Molothrus aeneus
    Brown-headed, Molothrus ater
    Shiny, Molothrus bonariensis
Crake:
    Corn, Crex crex
    Yellow-breasted, Porzana flaviventer
Crane:
    Common, Grus grus
    Sandhill, Grus canadensis
    Whooping, Grus americana
Creeper, Brown, Certhia americana
Crossbill:
    Red, Loxia curvirostra
    White-winged, Loxia leucoptera
Crow:
    American, Corvus brachyrhynchos
    Fish, Corvus ossifragus
    Hawaiian, Corvus hawaiiensis
    Mexican, Corvus imparatus
    Northwestern, Corvus caurinus
    White-necked, Corvus leucognaphalus
Cuckoo:
    Black-billed, Coccyzus erythropthalmus
    Common, Cuculus canorus
    Hawk (see Hawk-Cuckoo)
    Lizard (see Lizard-Cuckoo)
    Mangrove, Coccyzus minor
    Oriental, Cuculus saturatus
    Yellow-billed, Coccyzus americanus
Curlew (see Whimbrel):
    Bristle-thighed, Numenius tahitiensis
    Eskimo, Numenius borealis
    Far Eastern, Numenius madagascariensis
    Least, Numenius minutus
    Long-billed, Numenius americanus
Dickcissel, Spiza americana
Dipper, American, Cinclus mexicanus
Dotterel, Eurasian, Charadrius morinellus
Dove:
    Ground (see Ground-Dove)
    Inca, Columbina inca
    Mourning, Zenaida macroura
    Quail (see Quail-Dove)
    White-tipped, Leptotila verreauxi
    White-winged, Zenaida asiatica
    Zenaida, Zenaida aurita
Dovekie, Alle alle
Dowitcher:
    Long-billed, Limnodromus scolopaceus
    Short-billed, Limnodromus griseus

                                  Ducks

American Black Duck, Anas rubripes
Bufflehead, Bucephala albeola
Canvasback, Aythya valisineria
Eider:
    Common, Somateria mollissima
    King, Somateria spectabilis
    Spectacled, Somateria fischeri
    Steller's, Polysticta stelleri
Gadwall, Anas strepera
Garganey, Anas querquedula
Goldeneye:
    Barrow's, Bucephala islandica
    Common, Bucephala clangula
Harlequin Duck, Histrionicus histrionicus
Hawaiian Duck, Anas wyvilliana
Laysan Duck, Anas laysanensis
Mallard, Anas platyrhynchos
Masked Duck, Oxyura dominica
Merganser
    Common, Mergus merganser
    Hooded, Lophodytes cucullatus
    Red-breasted, Mergus serrator
Mottled Duck, Anas fulvigula
Oldsquaw, Clangula hyemalis
Pintail:
    Northern, Anas acuta
    White-cheeked, Anas bahamensis
Pochard:
    Baer's, Aythya baeri
    Common, Aythya ferina
Redhead, Aythya americana
Ring-necked Duck, Aythya collaris
Ruddy Duck, Oxyura jamaicensis
Scaup:
    Greater, Aythya marila
    Lesser, Aythya affinis
Scoter:
    Black, Melanitta nigra
    Surf, Melanitta perspicillata
    White-winged, Melanitta fusca
Shoveler, Northern, Anas clypeata
Smew, Mergellus albellus
Teal:
    Baikal, Anas formosa
    Blue-winged, Anas discors
    Cinnamon, Anas cyanoptera
    Falcated, Anas falcata
    Green-winged, Anas crecca
Tufted Duck, Aythya fuligula
Whistling-Duck:
    Black-bellied, Dendrocygna autumnalis
    Fulvous, Dendrocygna bicolor
    West Indian, Dendrocygna arborea
Wigeon:
    American, Anas americana
    Eurasian, Anas penelope
Wood Duck, Aix sponsa

                              End of Ducks

Dunlin, Calidris alpina
Eagle:
    Bald, Haliaeetus leucocephalus
    Golden, Aquila chrysaetos
    Sea (see Sea-Eagle)
    White-tailed, Haliaeetus albicilla

[[Page 13]]

Egret:
    Cattle, Bubulcus ibis
    Chinese, Egretta eulophotes
    Great, Casmerodius albus
    Plumed, Egretta intermedia
    Reddish, Egretta rufescens
    Snowy, Egretta thula
Eider (see DUCKS)
Elaenia, Caribbean, Elaenia martinica
Emerald, Puerto Rican, Chlorostilbon maugaeus
Euphonia, Antillean, Euphonia musica
Falcon:
    Aplomado, Falco femoralis
    Peregrine, Falco peregrinus
    Prairie, Falco mexicanus
Fieldfare, Turdus pilaris
Finch:
    Cassin's, Carpodacus cassinii
    House, Carpodacus mexicanus
    Purple, Carpodacus purpureus
    Rosy, Leucosticte arctoa
Flamingo, Greater, Phoenicopterus ruber
Flicker, Northern, Colaptes auratus
Flycatcher:
    Acadian, Empidonax virescens
    Alder, Empidonax alnorum
    Ash-throated, Myiarchus cinerascens
    Brown-crested, Myiarchus tyrannulus
    Buff-breasted, Empidonax fulvifrons
    Dusky, Empidonax oberholseri
    Dusky-capped, Myiarchus tuberculifer
    Fork-tailed, Tyrannus savana
    Gray, Empidonax wrightii
    Gray-spotted, Muscicapa griseisticta
    Great Crested, Myiarchus crinitus
    Hammond's, Empidonax hammondii
    Least, Empidonax minimus
    Narcissus, Muscicapa narcissina
    Nutting's, Myiarchus nuttingi
    Olive-sided, Contopus borealis
    Puerto Rican, Myiarchus antillarum
    Scissor-tailed, Tyrannus forficatus
    Sulphur-bellied, Myiodynastes luteiventris
    Vermilion, Pyrocephalus rubinus
    Western, Empidonax difficilis
    Willow, Empidonax traillii
    Yellow-bellied, Empidonax flaviventris
Frigatebird:
    Great, Fregata minor
    Magnificent, Fregata magnificens
    Lesser, Fregata ariel
Fulmar, Northern, Fulmarus glacialis
Gadwall (see DUCKS)
Gallinule, Purple, Porphyrula martinica
Gannet, Northern, Sula bassanus
Garganey (see DUCKS)
Gnatcatcher:
    Black-capped, Polioptila nigriceps
    Black-tailed, Polioptila melanura
    Blue-gray, Polioptila caerulea
Godwit:
    Bar-tailed, Limosa lapponica
    Black-tailed, Limosa limosa
    Hudsonian, Limosa haemastica
    Marbled, Limosa fedoa
Golden-Plover, Lesser, Pluvialis dominica
Goldeneye (see DUCKS)
Goldfinch:
    American, Carduelis tristis
    Lawrence's, Carduelis lawrencei
    Lesser, Carduelis psaltria
Goose:
    Barnacle, Branta leucopsis
    Bean, Anser fabalis
    Canada, Branta canadensis
    Emperor, Chen canagica
    Greater White-fronted, Anser albifrons
    Hawaiian, Nesochen sandvicensis
    Ross', Chen rossii
    Snow, Chen caerulescens
Goshawk, Northern, Accipiter gentilis
Grackle:
    Boat-tailed, Quiscalus major
    Common, Quiscalus quiscula
    Great-tailed, Quiscalus mexicanus
    Greater Antillean, Quiscalus niger
Grasshopper-Warbler, Middendorff's, Locustella ochotensis
Grassquit:
    Black-faced, Tiaris bicolor
    Yellow-faced, Tiaris olivacea
Grebe:
    Eared, Podiceps nigricollis
    Horned, Podiceps auritus
    Least, Tachybaptus dominicus
    Pied-billed, Podilymbus podiceps
    Red-necked, Podiceps grisegena
    Western, Aechmophorus occidentalis
    Greenfinch, Oriental, Carduelis sinica
    Greenshank, Common, Tringa nebularia
Grosbeak:
    Black-headed, Pheucticus melanocephalus
    Blue, Guiraca caerulea
    Crimson-collared, Rhodothraupis celaeno
    Evening, Coccothraustes vespertinus
    Pine, Pinicola enucleator
    Rose-breasted, Pheucticus ludovicianus
    Yellow, Pheucticus chrysopeplus
Ground-Dove:
    Common, Columbina passerina
    Ruddy, Columbina talpacoti
Guillemot:
    Black, Cepphus grylle
    Pigeon, Cepphus columba
Gull:
    Bonaparte's, Larus philadelphia
    California, Larus californicus
    Common Black-headed, Larus ridibundus
    Franklin's, Larus pipixcan
    Glaucous, Larus hyperboreus
    Glaucous-winged, Larus glaucescens
    Great Black-backed, Larus marinus
    Heermann's, Larus heermanni
    Herring, Larus argentatus
    Iceland, Larus glaucoides
    Ivory, Pagophila eburnea
    Laughing, Larus atricilla
    Lesser Black-backed, Larus fuscus
    Little, Larus minutus
    Mew, Larus canus
    Ring-billed, Larus delawarensis
    Ross', Rhodostethia rosea
    Sabine's, Xema sabini

[[Page 14]]

    Slaty-backed, Larus schistisagus
    Thayer's, Larus thayeri
    Western, Larus occidentalis
    Yellow-footed, Larus livens
Gyrfalcon, Falco rusticolus
Harrier, Northern, Circus cyaneus
Hawfinch, Coccothraustes coccothraustes
Hawk:
    Asiatic Sparrow, Accipiter gularis
    Black (see Black-Hawk)
    Broad-winged, Buteo platypterus
    Cooper's, Accipiter cooperii
    Ferruginous, Buteo regalis
    Gray, Buteo nitidus
    Harris', Parabuteo unicinctus
    Hawaiian, Buteo solitarius
    Red-shouldered, Buteo lineatus
    Red-tailed, Buteo jamaicensis
    Rough-legged, Buteo lagopus
    Sharp-shinned, Accipiter striatus
    Short-tailed, Buteo brachyurus
    Swainson's, Buteo swainsoni
    White-tailed, Buteo albicaudatus
    Zone-tailed, Buteo albonotatus
Hawk-Cuckoo, Hodgson's, Cuculus fugax
Hawk-Owl, Northern, Surnia ulula
Heron:
    Great Blue, Ardea herodias
    Green-backed, Butorides striatus
    Little Blue, Egretta caerulea
    Night (see Night-Heron)
    Pacific Reef, Egretta sacra
    Tricolored, Egretta tricolor
Hoopoe, Upupa epops
House-Martin, Common, Delichon urbica
Hummingbird (see Carib, Emerald, Mango, Starthroat, Woodstar, Violet-
ear):
    Allen's, Selasphorus sasin
    Anna's, Calypte anna
    Antillean Crested, Orthorhynchus cristatus
    Berylline, Amazilia beryllina
    Black-chinned, Archilochus alexandri
    Blue-throated, Lampornis clemenciae
    Broad-billed, Cynanthus latirostris
    Broad-tailed, Selasphorus platycercus
    Buff-bellied, Amazilia yucatanensis
    Calliope, Stellula calliope
    Costa's, Calypte costae
    Lucifer, Calothorax lucifer
    Magnificent, Eugenes fulgens
    Ruby-throated, Archilochus colubris
    Rufous, Selasphorus rufus
    Violet-crowned, Amazilia violiceps
    White-eared, Hylocharis leucotis
Ibis:
    Glossy, Plegadis falcinellus
    Scarlet, Eudocimus ruber
    White, Eudocimus albus
    White-faced, Plegadis chihi
Jabiru, Jabiru mycteria
Jacana, Northern, Jacana spinosa
Jaeger:
    Long-tailed, Stercorarius longicaudus
    Parasitic, Stercorarius parasiticus
    Pomarine, Stercorarius pomarinus
Jay:
    Blue, Cyanocitta cristata
    Brown, Cyanocorax morio
    Gray, Perisoreus canadensis
    Gray-breasted, Aphelocoma ultramarina
    Green, Cyanocorax yncas
    Pinyon, Gymnorhinus cyanocephalus
    Scrub, Aphelocoma coerulescens
    Steller's, Cyanocitta stelleri
Junco:
    Dark-eyed, Junco hyemalis
    Yellow-eyed, Junco phaeonotus
Kestrel:
    American, Falco sparverius
    Eurasian, Falco tinnunculus
Killdeer, Charadrius vociferus
Kingbird:
    Cassin's, Tyrannus vociferans
    Couch's, Tyrannus couchii
    Eastern, Tyrannus tyrannus
    Gray, Tyrannus dominicensis
    Loggerhead, Tyrannus caudifasciatus
    Thick-billed, Tyrannus crassirostris
    Tropical, Tyrannus melancholicus
    Western, Tyrannus verticalis
Kingfisher:
    Belted, Ceryle alcyon
    Green, Chloroceryle americana
    Ringed, Cyeryle torquata
Kinglet:
    Golden-crowned, Regulus satrapa
    Ruby-crowned, Regulus calendula
Kiskadee, Great, Pitangus sulphuratus
Kite:
    American Swallow-tailed, Elanoides forficatus
    Black, Milvus migrans
    Black-shouldered, Elanus caeruleus
    Hook-billed, Chondrohierax uncinatus
    Mississippi, Ictinia mississippiensis
    Snail, Rostrhamus sociabilis
Kittiwake:
    Black-legged, Larus tridactyla
    Red-legged, Larus brevirostris
Knot:
    Great, Calidris tenuirostris
    Red, Calidris canutus
Lapwing, Northern, Vanellus vanellus
Lark, Horned, Eremophila alpestris
Limpkin, Aramus guarauna
Lizard-Cuckoo, Puerto Rican, Saurothera vieilloti
Longspur:
    Chestnut-collared, Calcarius ornatus
    Lapland, Calcarius lapponicus
    McCown's, Calcarius mccownii
    Smith's, Calcarius pictus
Loon:
    Arctic, Gavia arctica
    Common, Gavia immer
    Red-throated, Gavia stellata
    Yellow-billed, Gavia adamsii
Magpie:
    Black-billed, Pica pica
    Yellow-billed, Pica nuttalli
Mallard (see DUCKS)
Mango:
    Antillean, Anthracothorax dominicus
    Green, Anthracothorax viridis

[[Page 15]]

Martin:
    Caribbean, Progne dominicensis
    Cuban, Progne cryptoleuca
    Gray-breasted, Progne chalybea
    House (see House-Martin)
    Purple, Progne subis
Meadowlark:
    Eastern, Sturnella magna
    Western, Sturnella neglecta
Merganser (see DUCKS)
Merlin, Falco columbarius
Mockingbird, Northern, Mimus polyglottos
Moorhen, Common, Gallinula chloropus
Murre:
    Common, Uria aalge
    Thick-billed, Uria lomvia
Murrelet:
    Ancient, Synthliboramphus antiquus
    Craveri's, Synthliboramphus craveri
    Kittlitz's, Brachyramphus brevirostris
    Marbled, Brachyramphus marmoratus
    Xantus', Synthliboramphus hypoleucus
Needletail, White-throated, Hirundapus caudacutus
Night-Heron:
    Black-crowned, Nycticorax nycticorax
    Japanese, Nycticorax goisagi
    Malay, Nycticorax melanolophus
    Yellow-crowned, Nycticorax violaceus
Nighthawk:
    Antillean, Chordeiles gundlachii
    Common, Chordeiles minor
    Lesser, Chordeiles acutipennis
Nightjar:
    Buff-collared, Caprimulgus ridgwayi
    Jungle, Caprimulgus indicus
    Puerto Rican, Caprimulgus noctitherus
Noddy:
    Black, Anous minutus
    Blue-gray, Procelsterna cerulea
    Brown, Anous stolidus
    Lesser, Anous tenuirostris
Nutcracker, Clark's, Nucifraga columbiana
Nuthatch:
    Brown-headed, Sitta pusilla
    Pygmy, Sitta pygmaea
    Red-breasted, Sitta canadensis
    White-breasted, Sitta carolinensis
Oldsquaw (see DUCKS)
Oriole:
    Altamira, Icterus gularis
    Audubon's, Icterus graduacauda
    Black-cowled, Icterus dominicensis
    Black-vented, Icterus wagleri
    Hooded, Icterus cucullatus
    Northern, Icterus galbula
    Orchard, Icterus spurius
    Scott's, Icterus parisorum
    Streak-backed, Icterus pustulatus
Osprey, Pandion haliaetus
Ovenbird, Seiurus aurocapillus
Owl:
    Barn (see Barn-Owl)
    Barred, Strix varia
    Boreal, Aegolius funereus
    Burrowing, Athene cunicularia
    Elf, Micrathene whitneyi
    Flammulated, Otus flammeolus
    Great Gray, Strix nebulosa
    Great Horned, Bubo virginianus
    Hawk (see Hawk-Owl)
    Long-eared, Asio otus
    Pygmy (see Pygmy-Owl)
    Saw-whet (see Saw-Whet Owl)
    Screech (see Screech-Owl)
    Short-eared, Asio flammeus
    Snowy, Nyctea scandiaca
    Spotted, Strix occidentalis
Oystercatcher:
    American, Haematopus palliatus
    Black, Haematopus bachmani
Parula:
    Northern, Parula americana
    Tropical, Parula pitiayumi
Pauraque, Common, Nyctidromus albicollis
Pelican:
    American White, Pelecanus erythrorhynchos
    Brown, Pelecanus occidentalis
Petrel:
    Black-capped, Pterodroma hasitata
    Bonin, Pterodroma hypoleuca
    Bulwer's, Bulweria bulwerii
    Cook's, Pterodroma cookii
    Dark-rumped, Pterodroma phaeopygia
    Herald, Pterodroma arminjoniana
    Kermadec, Pterodroma neglecta
    Mottled, Pterodroma inexpectata
    Murphy's, Pterodroma ultima
    Storm (see Storm-Petrel)
    White-necked, Pterodroma externa
Pewee:
    Greater, Contopus pertinax
    Lesser Antillean, Contopus latirostris
    Wood (see Wood-Pewee)
Phainopepla, Phainopepla nitens
Phalarope:
    Red, Phalaropus fulicaria
    Red-necked, Phalaropus lobatus
    Wilson's, Phalaropus tricolor
Phoebe:
    Black, Sayornis nigricans
    Eastern, Sayornis phoebe
    Say's, Sayornis saya
Pigeon:
    Band-tailed, Columba fasciata
    Plain, Columba inornata
    Red-billed, Columba flavirostris
    Scaly-naped, Columba squamosa
    White-crowned, Columba leucocephala
Pintail (see DUCKS)
Pipit:
    Pechora, Anthus gustavi
    Red-throated, Anthus cervinus
    Sprague's, Anthus spragueii
    Tree (see Tree-Pipit)
    Water, Anthus spinoletta
Plover:
    Black-bellied, Pluvialis squatarola
    Common Ringed, Charadrius hiaticula
    Golden (see Golden-Plover)
    Great Sand, Charadrius leschenaultii
    Little Ringed, Charadrius dubius
    Mongolian, Charadrius mongolus
    Mountain, Charadrius montanus

[[Page 16]]

    Piping, Charadrius melodus
    Semipalmated, Charadrius semipalmatus
    Snowy, Charadrius alexandrinus
    Wilson's, Charadrius wilsonia
Pochard (see DUCKS)
Poorwill, Common, Phalaenoptilus nuttallii
Puffin:
    Atlantic, Fratercula arctica
    Horned, Fratercula corniculata
    Tufted, Fratercula cirrhata
Pygmy-Owl:
    Ferruginous, Glaucidium brasilianum
    Northern, Glaucidium gnoma
Pyrrhuloxia, Cardinalis sinuatus
Quail-Dove:
    Bridled, Geotrygon mystacea
    Key West, Geotrygon chrysia
    Ruddy, Geotrygon montana
Rail:
    Black, Laterallus jamaicensis
    Clapper, Rallus longirostris
    King, Rallus elegans
    Sora (see Sora)
    Virginia, Rallus limicola
    Yellow, Coturnicops noveboracensis
Raven:
    Chihuahuan, Corvus cryptoleucus
    Common, Corvus corax
Razorbill, Alca torda
Redhead (see DUCKS)
Redpoll:
    Common, Carduelis flammea
    Hoary, Carduelis hornemanni
Redshank, Spotted, Tringa erythropus
Redstart:
    American, Setophaga ruticilla
    Painted, Myioborus pictus
    Slaty-throated, Myioborus miniatus
Reed-Bunting:
    Common, Emberiza schoeniculus
    Pallas', Emberiza pallasi
Roadrunner, Greater, Geococcyx californianus
Robin:
    American, Turdus migratorius
    Clay-colored, Turdus grayi
    Rufous-backed, Turdus rufopalliatus
Rosefinch, Common, Carpodacus erythrinus
Rough-winged Swallow, Northern, Stelgidopteryx serripennis
Rubythroat, Siberian, Luscinia calliope
Ruff, Philomachus pugnax
Sanderling, Calidris alba
Sandpiper:
    Baird's, Calidris bairdii
    Broad-billed, Limicola falcinellus
    Buff-breasted, Tryngites subruficollis
    Common, Actitis hypoleucos
    Curlew, Calidris ferruginea
    Least, Calidris minutilla
    Marsh, Tringa stagnatilis
    Pectoral, Calidris melanotos
    Purple, Calidris maritima
    Rock, Calidris ptilocnemis
    Semipalmated, Calidris pusilla
    Sharp-tailed, Calidris acuminata
    Solitary, Tringa solitaria
    Spoonbill, Eurynorhynchus pygmeus
    Spotted, Actitis macularia
    Stilt, Calidris himantopus
    Terek, Xenus cinereus
    Upland, Bartramia longicauda
    Western, Calidris mauri
    White-rumped, Calidris fuscicollis
    Wood, Tringa glareola
Sapsucker:
    Red-breasted, Sphyrapicus ruber
    Williamson's, Sphyrapicus thyroideus
    Yellow-bellied, Sphyrapicus varius
Saw-whet Owl, Northern, Aegolius acadicus
Scaup (see DUCKS)
Scoter (see DUCKS)
Screech-Owl:
    Eastern, Otus asio
    Puerto Rican, Otus nudipes
    Western, Otus kennicottii
    Whiskered, Otus trichopsis
Sea-Eagle, Steller's, Haliaeetus pelagicus
Seedeater, White-collared, Sporophila torqueola
Shearwater:
    Audubon's, Puffinus lherminieri
    Black-vented, Puffinus opisthomelas
    Buller's, Puffinus bulleri
    Christmas, Puffinus nativitatus
    Cory's, Calonectris diomedea
    Flesh-footed, Puffinus carneipes
    Greater, Puffinus gravis
    Little, Puffinus assimilis
    Manx, Puffinus puffinus
    Pink-footed, Puffinus creatopus
    Short-tailed, Puffinus tenuirostris
    Sooty, Puffinus griseus
    Townsend's, Puffinus auricularis
    Wedge-tailed, Puffinus pacificus
Shoveler (see DUCKS)
Shrike:
    Loggerhead, Lanius ludovicianus
    Northern, Lanius excubitor
Siskin, Pine, Carduelis pinus
Skimmer, Black, Rhynchops niger
Skua:
    Great, Catharacta skua
    South Polar, Catharacta maccormicki
Skylark, Eurasian, Alauda arvensis
Smew (see DUCKS)
Snipe:
    Common, Gallinago gallinago
    Jack, Lymnocryptes minimus
    Pin-tailed, Gallinago stenura
    Swinhoe's, Gallinago megala
Solitaire, Townsend's, Myadestes townsendi
Sora, Porzana carolina
Sparrow:
    American Tree, Spizella arborea
    Bachman's, Aimophila aestivalis
    Baird's, Ammodramus bairdii
    Black-chinned, Spizella atrogularis
    Black-throated, Amphispiza bilineata
    Botteri's, Aimophila botterii
    Brewer's, Spizella breweri
    Cassin's, Aimophila cassinii
    Chipping, Spizella passerina
    Clay-colored, Spizella pallida
    Field, Spizella pusilla

[[Page 17]]

    Five-striped, Amphispiza quinquestriata
    Fox, Passerella iliaca
    Golden-crowned, Zonotrichia atricapilla
    Grasshopper, Ammodramus savannarum
    Harris', Zonotrichia querula
    Henslow's, Ammodramus henslowii
    Lark, Chondestes grammacus
    Le Conte's, Ammodramus leconteii
    Lincoln's, Melospiza lincolnii
    Olive, Arremenops rufivirgatus
    Rufous-crowned, Aimophila ruificeps
    Rufous-winged, Aimophila carpalis
    Sage, Amphispiza belli
    Savannah, Passerculus sandwichensis
    Seaside, Ammodramus maritimus
    Sharp-tailed, Ammodramus caudacutus
    Song, Melospiza melodia
    Swamp, Melospiza georgiana
    Vesper, Pooecetes gramineus
    White-crowned, Zonotrichia leucophrys
    White-throated, Zonotrichia albicollis
    Worthen's, Spizella wortheni
Spoonbill, Roseate, Ajaia ajaja
Starling:
    Ashy, Sturnus cineraceus
    Violet-backed, Sturnus philippensis
Starthroat, Plain-capped Heliomaster constantii,
Stilt, Black-necked, Himantopus mexicanus
Stint:
    Little, Calidris minuta
    Long-toed, Calidris subminuta
    Rufous-necked, Calidris ruficollis
    Temminck's, Calidris temminckii
Stork, Wood, Mycteria americana
Storm-Petrel:
    Ashy, Oceanodroma homochroa
    Band-rumped, Oceanodroma castro
    Black, Oceanodroma melania
    Fork-tailed, Oceanodroma furcata
    Leach's, Oceanodroma leucorhoa
    Least, Oceanodroma microsoma
    Sooty, Oceanodroma tristrami
    Wedge-rumped, Oceanodroma tethys
    White-faced, Pelagadroma marina
    Wilson's, Oceanites oceanicus
Surfbird, Aphriza virgata
Swallow:
    Bahama, Tachycineta cyaneoviridis
    Bank, Riparia riparia
    Barn, Hirundo rustica
    Cave, Hirundo fulva
    Cliff, Hirundo pyrrhonota
    Rough-winged (see Rough-winged Swallow)
    Tree, Tachycineta bicolor
    Violet-green, Tachycineta thalassina
Swan:
    Trumpeter, Cygnus buccinator
    Tundra, Cygnus columbianus
    Whooper, Cygnus cygnus
Swift:
    Antillean Palm, Tachornis pheonicobia
    Black, Cypseloides niger
    Chimney, Chaetura pelagica
    Common, Apus apus
    Fork-tailed, Apus pacificus
    Needle-tailed (see Needletail)
    Vaux's, Chaetura vauxi
    White-collared, Streptoprocne zonaris
    White-throated, Aeronautes saxatalis
Tanager:
    Hepatic, Piranga flava
    Puerto Rican, Neospingus speculiferus
    Scarlet, Piranga olivacea
    Stripe-headed, Spindalis zena
    Summer, Piranga rubra
    Western, Piranga ludoviciana
Tattler:
    Gray-tailed, Heteroscelus brevipes
    Wandering, Heteroscelus incanus
Teal (see DUCKS)
Tern:
    Aleutian, Sterna aleutica
    Arctic, Sterna paradisaea
    Black, Chlidonias niger
    Black-naped, Sterna sumatrana
    Bridled, Sterna anaethetus
    Caspian, Sterna caspia
    Common, Sterna hirundo
    Elegant, Sterna elegans
    Forster's, Sterna forsteri
    Gray-backed, Sterna lunata
    Gull-billed, Sterna nilotica
    Least, Sterna antillarum
    Little, Sterna albifrons
    Roseate, Sterna dougallii
    Royal, Sterna maxima
    Sandwich, Sterna sandvicensis
    Sooty, Sterna fuscata
    White, Gygis alba
    White-winged, Chlidonias leucopterus
Thrasher:
    Bendire's, Toxostoma bendirei
    Brown, Toxostoma rufum
    California, Toxostoma redivivum
    Crissal, Toxostoma crissale
    Curve-billed, Toxostoma curvirostre
    Le Conte's, Toxostoma lecontei
    Long-billed, Toxostoma longirostre
    Pearly-eyed, Margarops fuscatus
    Sage, Oreoscoptes montanus
Thrush:
    Aztec, Ridgwayia pinicola
    Blue Rock, Monticola solitarius
    Dusky, Turdus naumanni
    Eye-browed, Turdus obscurus
    Gray-cheeked, Catharus minimus
    Hawaiian, Phaeornis obscurus
    Hermit, Catharus guttatus
    Red-legged, Turdus plumbeus
    Small Kauai, Phaeornis palmeri
    Swainson's, Catharus ustulatus
    Varied, Ixoreus naevius
    Wood, Hylocichla minima
Tit, Siberian, Parus cinctus
Titmouse:
    Bridled, Parus wollweberi
    Plain, Parus inornatus
    Tufted, Parus bicolor
Towhee:
    Abert's, Pipilo aberti
    Brown, Pipilo fuscus
    Green-tailed, Pipilo chlorurus
    Rufous-sided, Pipilo erythrophthalmus

[[Page 18]]

Tree-Pipit, Olive, Anthus hodgsoni
Trogon:
    Eared, Euptilotus neoxenus
    Elegant, Trogon elegans
Tropicbird:
    Red-billed, Phaethon aethereus
    Red-tailed, Phaethon rubricauda
    White-tailed, Phaethon lepturus
Turnstone:
    Black, Arenaria melanocephala
    Ruddy, Arenaria interpres
Veery, Catharus fuscescens
Verdin, Auriparus flaviceps
Violet-Ear, Green, Colibri thalassinus
Vireo:
    Bell's Vireo bellii
    Black-capped, Vireo atricapillus
    Black-whiskered, Vireo altiloquus
    Gray, Vireo vicinior
    Hutton's, Vireo huttoni
    Philadelphia, Vireo philadelphicus
    Puerto Rican, Vireo latimeri
    Red-eyed, Vireo olivaceus
    Solitary, Vireo solitarius
    Warbling, Vireo gilvus
    White-eyed, Vireo griseus
    Yellow-throated, Vireo flavifrons
Vulture:
    Black, Coragyps atratus
    Turkey, Cathartes aura
Wagtail:
    Black-backed, Motacilla lugens
    Gray, Motacilla cinerea
    White, Motacilla alba
    Yellow, Motacilla flava
Warbler:
    Adelaide's, Dendroica adelaidae
    Arctic, Phylloscopus borealis
    Bachman's Vermivora bachmanii
    Bay-breasted, Dendroica castanea
    Black-and-white, Mniotilta varia
    Black-throated Blue, Dendroica caerulescens
    Black-throated Gray, Dendroica nigrescens
    Black-throated Green, Dendroica virens
    Blackburnian, Dendroica fusca
    Blackpoll, Dendroica striata
    Blue-winged, Vermivora pinus
    Canada, Wilsonia canadensis
    Cape May, Dendroica tigrina
    Cerulean, Dendroica cerulea
    Chestnut-sided, Dendroica pensylvanica
    Colima, Vermivora crissalis
    Connecticut, Oporornis agilis
    Elfin Woods, Dendroica angelae
    Golden-cheeked, Dendroica chrysoparia
    Golden-crowned, Basileuterus culicivorus
    Golden-winged, Vermivora chrysoptera
    Grace's, Dendroica graciae
    Grasshopper (see Grasshopper-Warbler)
    Hermit, Dendroica occidentalis
    Hooded, Wilsonia citrina
    Kentucky, Oporornis formosus
    Kirtland's, Dendroica kirtlandii
    Lucy's, Vermivora luciae
    MacGillivray's, Oporornis tolmiei
    Magnolia, Dendroica magnolia
    Mourning, Oporornis philadelphia
    Nashville, Vermivora ruficapilla
    Olive, Peucedramus taeniatus
    Orange-crowned, Vermivora celata
    Palm, Dendroica palmarum
    Parula (see Parula)
    Pine, Dendroica pinus
    Prairie, Dendroica discolor
    Prothonotary, Protonotaria citrea
    Red-faced, Cardellina rubrifrons
    Rufous-capped, Basileuterus rufifrons
    Swainson's, Limnothlypis swainsonii
    Tennessee, Vermivora peregrina
    Townsend's, Dendroica townsendi
    Virgina's, Vermivora virginiae
    Willow, Phylloscopus trochilus
    Wilson's, Wilsonia pusilla
    Worm-eating, Helmitheros vermivorus
    Yellow, Dendroica petechia
    Yellow-rumped, Dendroica coronata
    Yellow-throated, Dendroica dominica
Waterthrush:
    Louisiana, Seiurus motacilla
    Northern, Seiurus noveboracensis
Waxwing:
    Bohemian, Bombycilla garrulus
    Cedar, Bombycilla cedrorum
    Wheatear, Northern, Oenanthe oenanthe
    Whimbrel, Numenius phaeopus
Whip-poor-will, Caprimulgus vociferus
Whistling-Duck (see DUCKS)
Wigeon (see DUCKS)
Willet, Catoptrophorus semipalmatus
Wood-Pewee:
    Eastern, Contopus virens
    Western, Contopus sordidulus
Woodcock:
    American, Scolopax minor
    Eurasian, Scolopax rusticola
Woodpecker:
    Acorn, Melanerpes formicivorus
    Black-backed, Picoides arcticus
    Downy, Picoides pubescens
    Gila, Melanerpes uropygialis
    Golden-fronted, Melanerpes aurifrons
    Hairy, Picoides villosus
    Ivory-billed, Campephilus principalis
    Ladder-backed, Picoides scalaris
    Lewis', Melanerpes lewis
    Nuttall's, Picoides nuttallii
    Pileated, Dryocopus pileatus
    Puerto Rican, Melanerpes portoricensis
    Red-bellied, Melanerpes carolinus
    Red-cockaded, Picoides borealis
    Red-headed, Melanerpes erythrocephalus
    Strickland's, Picoides stricklandi
    Three-toed, Picoides tridactylus
    White-headed, Picoides albolarvatus
Woodstar, Bahama, Calliphlox evelynae
Wren:
    Bewick's Thryomanes bewickii
    Cactus, Campylorhynchus brunneicapillus
    Canyon, Catherpes mexicanus
    Carolina, Thryothorus ludovicianus
    House, Troglodytes aedon
    Marsh, Cistothorus palustris
    Rock, Salpinctes obsoletus
    Sedge, Cistothorus platensis

[[Page 19]]

    Winter, Troglodytes troglodytes
Wryneck, Eurasian, Jynx torquilla
Yellowlegs:
Greater, Tringa melanoleuca
Lesser, Tringa flavipes
Yellowthroat:
    Common, Geothlypis trichas
    Gray-crowned, Geothlypis poliocephala

                          II. Taxonomic Listing

Order GAVIIFORMES

Family GAVIIDAE
    Gavia stellata, Red-throated Loon
    Gavia arctica, Arctic Loon
    Gavia immer, Common Loon
    Gavia adamsii, Yellow-billed Loon

Order PO DI CIP ED I FORMES

Family PO DI CIP EDIDAE

    Tachybaptus dominicus, Least Grebe
    Podilymbus podiceps, Pied-billed Grebe
    Podiceps auritus, Horned Grebe
    Podiceps grisegena, Red-necked Grebe
    Podiceps nigricollis, Eared Grebe
    Aechmophorus occidentalis, Western Grebe

Order PROCELLARIIFORMES

Family DIOMEDEIDAE

    Diomedea albatrus, Short-tailed Albatross
    Diomedea nigripes, Black-footed Albatross
    Diomedea immutabilis, Laysan Albatross
    Diomedea chlororhynchos, Yellow-nosed Albatross

Family PROCELLARIIDAE

    Fulmarus glacialis, Northern Fulmar
    Pterodroma hasitata, Black-capped Petrel
    Pterodroma phaeopygia, Dark-rumped Petrel
    Pterodroma externa, White-necked Petrel
    Pterodroma inexpectata, Mottled Petrel
    Pterodroma ultima, Murphy's Petrel
    Pterodroma neglecta, Kermadec Petrel
    Pterodroma arminjoniana, Herald Petrel
    Pterodroma cookii, Cook's Petrel
    Pterodroma hypoleuca, Bonin Petrel
    Bulweria bulwerii, Bulwer's Petrel
    Calonectris diomedea, Cory's Shearwater
    Puffinus creatopus, Pink-footed Shearwater
    Puffinus carneipes, Flesh-footed Shearwater
    Puffinus gravis, Greater Shearwater
    Puffinus pacificus, Wedge-tailed Shearwater
    Puffinus bulleri, Buller's Shearwater
    Puffinus griseus, Sooty Shearwater
    Puffinus tenuirostris, Short-tailed Shearwater
    Puffinus nativitatis, Christmas Shearwater
    Puffinus puffinus, Manx Shearwater
    Puffinus opisthomelas, Black-vented Shearwater
    Puffinus auricularis, Townsend's Shearwater
    Puffinus assimilis, Little Shearwater
    Puffinus lherminieri, Audubon's Shearwater

Family HYDROBATIDAE

    Oceanites oceanicus, Wilson's Storm-Petrel
    Pelagodroma marina, White-faced Storm-Petrel
    Oceanodroma furcata, Fork-tailed Storm-Petrel
    Oceanodroma leucorhoa, Leach's Storm-Petrel
    Oceanodroma homochroa, Ashy Storm-Petrel
    Oceanodroma castro, Band-rumped Storm-Petrel
    Oceanodroma tethys, Wedge-rumped Storm-Petrel
    Oceanodroma melania, Black Storm-Petrel
    Oceanodroma tristrami, Sooty Storm-Petrel
    Oceanodroma microsoma, Least Storm-Petrel

Order PELECANIFORMES

Family PHAETHONTIDAE

    Phaethon lepturus, White-tailed Tropicbird
    Phaethon aethereus, Red-billed Tropicbird
    Phaethon rubricauda, Red-tailed Tropicbird

Family SULIDAE

    Sula dactylatra, Masked Booby
    Sula nebouxii, Blue-footed Booby
    Sula leucogaster, Brown Booby
    Sula sula, Red-footed Booby
    Sula bassanus, Northern Gannet

Family PELECANIDAE

    Pelecanus erythrorhynchos, American White Pelican
    Pelecanus occidentalis, Brown Pelican
Family PHALA CRO COR ACIDAE
    Phalacrocorax carbo, Great Cormorant
    Phalacrocorax auritus, Double-crested Cormorant
    Phalacrocorax olivaceus, Olivaceous Cormorant
    Phalacrocorax penicillatus, Brandt's Cormorant
    Phalacrocorax pelagicus, Pelagic Cormorant
    Phalacrocorax urile, Red-faced Cormorant

Family ANHINGIDAE

    Anhinga anhinga, Anhinga

Family FREGATIDAE

    Fregata magnificens, Magnificent Frigatebird
    Fregata minor, Great Frigatebird
    Fregata ariel, Lesser Frigatebird

Order CICONIIFORMES

Family ARDEIDAE

    Botaurus lentiginosus, American Bittern
    Ixobrychus exilis, Least Bittern
    Ixobrychus sinensis, Chinese Bittern
    Ixobrychus eurhythmus, Schrenk's Bittern
    Ardea herodias, Great Blue Heron
    Casmerodius albus, Great Egret
    Egretta eulophotes, Chinese Egret
    Egretta sacra, Pacific Reef Heron
    Egretta intermedia, Plumed Egret
    Egretta thula, Snowy Egret
    Egretta caerulea, Little Blue Heron
    Egretta tricolor, Tricolored Heron
    Egretta rufescens, Reddish Egret

[[Page 20]]

    Bubulcus ibis, Cattle Egret
    Butorides striatus, Green-backed Heron
    Nycticorax nycticorax, Black-crowned Night-Heron
    Nycticorax melanolophus, Malay Night-Heron
    Nycticorax goisagi, Japanese Night-Heron
    Nycticorax violaceus, Yellow-crowned Night-Heron

Family THRE SKI ORN I THIDAE

    Eudocimus albus, White Ibis
    Eudocimus ruber, Scarlet Ibis
    Plegadis falcinellus, Glossy Ibis
    Plegadis chihi, White-faced Ibis
    Ajaia ajaja, Roseate Spoonbill

Family CICONIIDAE

    Jabiru mycteria, Jabiru
    Mycteria americana, Wood Stork

Order PHO EN I COP TER I FORMES

Family PHO EN I COP TER IDAE

    Phoenicopterus ruber, Greater Flamingo

Order ANSERIFORMES

Family ANATIDAE

    Dendrocygna bicolor, Fulvous Whistling-Duck
    Dendrocygna autumnalis, Black-bellied Whistling-Duck
    Dendrocygna arborea, West Indian Whistling-Duck
    Cygnus columbianus, Tundra Swan
    Cygnus cygnus, Whooper Swan
    Cygnus buccinator, Trumpeter Swan
    Anser fabalis, Bean Goose
    Anser albifrons, Greater White-fronted Goose
    Chen caerulescens, Snow Goose
    Chen rossii, Ross' Goose
    Chen canagica, Emperor Goose
    Branta bernicla, Brant
    Branta leucopsis, Barnacle Goose
    Branta canadensis, Canada Goose
    Nesochen sandvicensis, Hawaiian Goose
    Aix sponsa, Wood Duck
    Anas crecca, Green-winged Teal
    Anas formosa, Baikal Teal
    Anas falcata, Falcated Teal
    Anas rubripes, American Black Duck
    Anas fulvigula, Mottled Duck
    Anas platyrhynchos, Mallard
    Anas wyvilliana, Hawaiian Duck
    Anas laysanensis, Laysan Duck
    Anas bahamensis, White-cheeked Pintail
    Anas acuta, Northern Pintail
    Anas querquedula, Garganey
    Anas discors, Blue-winged Teal
    Anas cyanoptera, Cinnamon Teal
    Anas clypeata, Northern Shoveler
    Anas strepera, Gadwall
    Anas penelope, Eurasian Wigeon
    Anas americana, American Wigeon
    Aythya ferina, Common Pochard
    Aythya valisineria, Canvasback
    Aythya americana, Redhead
    Aythya baeri, Baer's Pochard
    Aythya collaris, Ring-necked Duck
    Aythya fuligula, Tufted Duck
    Aythya marila, Greater Scaup
    Aythya affinis, Lesser Scaup
    Somateria mollissima, Common Eider
    Somateria spectabilis, King Eider
    Somateria fischeri, Spectacled Eider
    Polysticta stelleri, Steller's Eider
    Histrionicus histrionicus, Harlequin Duck
    Clangula hyemalis, Oldsquaw
    Melanitta nigra, Black Scoter
    Melanitta perspicillata, Surf Scoter
    Melanitta fusca, White-winged Scoter
    Bucephala clangula, Common Goldeneye
    Bucephala islandica, Barrow's Goldeneye
    Bucephala albeola, Bufflehead
    Mergellus albellus, Smew
    Lophodytes cucullatus, Hooded Merganser
    Mergus merganser, Common Merganser
    Mergus serrator, Red-breasted Merganser
    Oxyura jamaicensis, Ruddy Duck
    Oxyura dominica, Masked Duck

Order FAL CON I FORMES

Family CATHARTIDAE

    Coragyps atratus, Black Vulture
    Cathartes aura, Turkey Vulture
    Gymnogyps californianus, California Condor

Family ACCIPITRIDAE

    Pandion haliaetus, Osprey
    Chondrohierax uncinatus, Hook-billed Kite
    Elanoides forficatus, American Swallow-tailed Kite
    Elanus caeruleus, Black-shouldered Kite
    Rostrhamus sociabilis, Snail Kite
    Ictinia mississippiensis, Mississippi Kite
    Milvus migrans, Black Kite
    Haliaeetus leucocephalus, Bald Eagle
    Haliaeetus albicilla, White-tailed Eagle
    Haliaeetus pelagicus, Steller's Sea-Eagle
    Circus cyaneus, Northern Harrier
    Accipiter gularis, Asiatic Sparrow Hawk
    Accipiter striatus, Sharp-shinned Hawk
    Accipiter cooperii, Cooper's Hawk
    Accipiter gentilis, Northern Goshawk
    Buteogallus anthracinus, Common Black-Hawk
    Parabuteo unicinctus, Harris' Hawk
    Buteo nitidus, Gray Hawk
    Buteo lineatus, Red-shouldered Hawk
    Buteo platypterus, Broad-winged Hawk
    Buteo brachyurus, Short-tailed Hawk
    Buteo swainsoni, Swainson's Hawk
    Buteo albicaudatus, White-tailed Hawk
    Buteo albonotatus, Zone-tailed Hawk
    Buteo solitarius, Hawaiian Hawk
    Buteo jamaicensis, Red-tailed Hawk
    Buteo regalis, Ferruginous Hawk
    Buteo lagopus, Rough-legged Hawk
    Aquila chrysaetos, Golden Eagle

Family FALCONIDAE

    Polyborus plancus, Crested Caracara
    Falco tinnunculus, Eurasian Kestrel
    Falco sparverius, American Kestrel
    Falco columbarius, Merlin
    Falco femoralis, Aplomado Falcon

[[Page 21]]

    Falco peregrinus, Peregrine Falcon
    Falco rusticolus, Gyrfalcon
    Falco mexicanus, Prairie Falcon

Order GRUIFORMES

Family RALLIDAE

    Coturnicops noveboracensis, Yellow Rail
    Laterallus jamaicensis, Black Rail
    Crex crex, Corn Crake
    Rallus longirostris, Clapper Rail
    Rallus elegans, King Rail
    Rallus limicola, Virginia Rail
    Porzana carolina, Sora
    Porzana flaviventer, Yellow-breasted Crake
    Porphyrula martinica, Purple Gallinule
    Gallinula chloropus, Common Moorhen
    Fulica atra, Eurasian Coot
    Fulica americana, American Coot
    Fulica caribaea, Caribbean Coot

Family ARAMIDAE

    Aramus guarauna, Limpkin

Family GRUIDAE

    Grus canadensis, Sandhill Crane
    Grus grus, Common Crane
    Grus americana, Whooping Crane

Order CHARADRIIFORMES

Family CHAR A DRI IDAE

    Vanellus vanellus, Northern Lapwing
    Pluvialis squatarola, Black-bellied Plover
    Pluvialis dominica, Lesser Golden-Plover
    Charadrius mongolus, Mongolian Plover
    Charadrius leschenaultii, Great Sand Plover
    Charadrius alexandrinus, Snowy Plover
    Charadrius wilsonia, Wilson's Plover
    Charadrius hiaticula, Common Ringed Plover
    Charadrius semipalmatus, Semipalmated Plover
    Charadrius melodus, Piping Plover
    Charadrius dubius, Little Ringed Plover
    Charadrius vociferus, Killdeer
    Charadrius montanus, Mountain Plover
    Charadrius morinellus, Eurasian Dotterel

Family HAEMATOPODIDAE

    Haematopus palliatus, American Oystercatcher
    Haematopus bachmani, Black Oystercatcher

Family RE CUR VI ROS TRI DAE

    Himantopus mexicanus, Black-necked Stilt
    Recurvirostra americana, American Avocet

Family JACANIDAE

    Jacana spinosa, Northern Jacana

Family, SCOLOPACIDAE

    Tringa nebularia, Common Greenshank
    Tringa melanoleuca, Greater Yellowlegs
    Tringa flavipes, Lesser Yellowlegs
    Tringa stagnatilis, Marsh Sandpiper
    Tringa erythropus, Spotted Redshank
    Tringa glareola, Wood Sandpiper
    Tringa solitaria, Solitary Sandpiper
    Catoptrophorus semipalmatus, Willet
    Heteroscelus incanus, Wandering Tattler
    Heteroscelus brevipes, Gray-tailed Tattler
    Actitis hypoleucos, Common Sandpiper
    Actitis macularia, Spotted Sandpiper
    Xenus cinereus, Terek Sandpiper
    Bartramia longicauda, Upland Sandpiper
    Numenius minutus, Least Curlew
    Numenius borealis, Eskimo Curlew
    Numenius phaeopus, Whimbrel
    Numenius tahitiensis, Bristle-thighed Curlew
    Numenius madagascariensis, Far Eastern Curlew
    Numenius americanus, Long-billed Curlew
    Limosa limosa, Black-tailed Godwit
    Limosa haemastica, Hudsonian Godwit
    Limosa lapponica, Bar-tailed Godwit
    Limosa fedoa, Marbled Godwit
    Arenaria interpres, Ruddy Turnstone
    Arenaria melanocephala, Black Turnstone
    Aphriza virgata, Surfbird
    Calidris tenuirostris, Great Knot
    Calidris canutus, Red Knot
    Calidris alba, Sanderling
    Calidris pusilla, Semipalmated Sandpiper
    Calidris mauri, Western Sandpiper
    Calidris ruficollis, Rufous-necked Stint
    Calidris minuta, Little Stint
    Calidris temminckii, Temminck's Stint
    Calidris subminuta, Long-toed Stint
    Calidris minutilla, Least Sandpiper
    Calidris fuscicollis, White-rumped Sandpiper
    Calidris bairdii, Baird's Sandpiper
    Calidris melanotos, Pectoral Sandpiper
    Calidris acuminata, Sharp-tailed Sandpiper
    Calidris maritima, Purple Sandpiper
    Calidris ptilocnemis, Rock Sandpiper
    Calidris alpina, Dunlin
    Calidris ferruginea, Curlew Sandpiper
    Calidris himantopus, Stilt Sandpiper
    Eurynorhynchus pygmeus, Spoonbill Sandpiper
    Limicola falcinellus, Broad-billed Sandpiper
    Tryngites subruficollis, Buff-breasted Sandpiper
    Philomachus pugnax, Ruff
    Limnodromus griseus, Short-billed Dowitcher
    Limnodromus scolopaceus, Long-billed Dowitcher
    Lymnocryptes minimus, Jack Snipe
    Gallinago gallinago, Common Snipe
    Gallinago stenura, Pin-tailed Snipe
    Gallinago megala, Swinhoe's Snipe
    Scolopax rusticola, Eurasian Woodcock
    Scolopax minor, American Woodcock
    Phalaropus tricolor, Wilson's Phalarope
    Phalaropus lobatus, Red-necked Phalarope
    Phalaropus fulicaria, Red Phalarope

Family LARIDAE

    Stercorarius pomarinus, Pomarine Jaeger
    Stercorarius parasiticus, Parasitic Jaeger
    Stercorarius longicaudus, Long-tailed Jaeger
    Catharacta skua, Great Skua
    Catharacta maccormicki, South Polar Skua
    Larus atricilla, Laughing Gull
    Larus pipixcan, Franklin's Gull
    Larus minutus, Little Gull

[[Page 22]]

    Larus ridibundus, Common Black-headed Gull
    Larus philadelphia, Bonaparte's Gull
    Larus heermanni, Heermann's Gull
    Larus canus, Mew Gull
    Larus delawarensis, Ring-billed Gull
    Larus californicus, California Gull
    Larus argentatus, Herring Gull
    Larus thayeri, Thayer's Gull
    Larus glaucoides, Iceland Gull
    Larus fuscus, Lesser Black-backed Gull
    Larus schistisagus, Slaty-backed Gull
    Larus livens, Yellow-footed Gull
    Larus occidentalis, Western Gull
    Larus glaucescens, Glaucous-winged Gull
    Larus hyperboreus, Glaucous Gull
    Larus marinus, Great Black-backed Gull
    Rissa tridactyla, Black-legged Kittiwake
    Rissa brevirostris, Red-legged Kittiwake
    Rhodostethia rosea, Ross' Gull
    Xema sabini, Sabine's Gull
    Pagophila eburnea, Ivory Gull
    Sterna nilotica, Gull-billed Tern
    Sterna caspia, Caspian Tern
    Sterna maxima, Royal Tern
    Sterna elegans, Elegant Tern
    Sterna sandvicensis, Sandwich Tern
    Sterna dougallii, Roseate Tern
    Sterna hirundo, Common Tern
    Sterna paradisaea, Arctic Tern
    Sterna aleutica, Aleutian Tern
    Sterna forsteri, Forster's Tern
    Sterna antillarum, Least Tern
    Sterna albifrons, Little Tern
    Sterna sumatrana, Black-naped Tern
    Sterna lunata, Gray-backed Tern
    Sterna anaethetus, Bridled Tern
    Sterna fuscata, Sooty Tern
    Chlidonias leucopterus, White-winged Tern
    Chlidonias niger, Black Tern
    Anous stolidus, Brown Noddy
    Anous minutus, Black Noddy
    Anous tenuirostris, Lesser Noddy
    Procelsterna cerulea, Blue-Gray Noddy
    Gygis alba, White Tern
    Rynchops niger, Black Skimmer

Family ALCIDAE

    Alle alle, Dovekie
    Uria aalge, Common Murre
    Uria lomvia, Thick-billed Murre
    Alca torda, Razorbill
    Cepphus grylle, Black Guillemot
    Cepphus columba, Pigeon Guillemot
    Brachyramphus marmoratus, Marbled Murrelet
    Brachyramphus brevirostris, Kittlitz's Murrelet
    Synthliboramphus hypoleucus, Xantus' Murrelet
    Synthliboramphus craveri, Craveri's Murrelet
    Synthliboramphus antiquus, Ancient Murrelet
    Ptychoramphus aleuticus, Cassin's Auklet
    Cyclorrhynchus psittacula, Parakeet Auklet
    Aethia pusilla, Least Auklet
    Aethia pygmaea, Whiskered Auklet
    Aethia cristatella, Crested Auklet
    Cerorhinca monocerata, Rhinoceros Auklet
    Fratercula cirrhata, Tufted Puffin
    Fratercula arctica, Atlantic Puffin
    Fratercula corniculata, Horned Puffin

Order COLUMBIFORMES

Family COLUMBIDAE

    Columba squamosa, Scaly-naped Pigeon
    Columba leucocephala, White-crowned Pigeon
    Columba flavirostris, Red-billed Pigeon
    Columba inornata, Plain Pigeon
    Columba fasciata, Band-tailed Pigeon
    Zenaida asiatica, White-winged Dove
    Zenaida aurita, Zenaida Dove
    Zenaida macroura, Mourning Dove
    Columbina inca, Inca Dove
    Columbina passerina, Common Ground-Dove
    Columbina talpacoti, Ruddy Ground-Dove
    Leptotila verreauxi, White-tipped Dove
    Geotrygon chrysia, Key West Quail-Dove
    Geotrygon mystacea, Bridled Quail-Dove
    Geotrygon montana, Ruddy Quail-Dove

Order CUCULIFORMES

Family CUCULIDAE

    Cuculus canorus, Common Cuckoo
    Cuculus saturatus, Oriental Cuckoo
    Cuculus fugax, Hodgson's Hawk-Cuckoo
    Coccyzus erythropthalmus, Black-billed Cuckoo
    Coccyzus americanus, Yellow-billed Cuckoo
    Coccyzus minor, Mangrove Cuckoo
    Geococcyx californianus, Greater Roadrunner
    Saurothera vieilloti, Puerto Rican Lizard-Cuckoo
    Crotophaga ani, Smooth-billed Ani
    Crotophaga sulcirostris, Groove-billed Ani

Order STRIGIFORMES

Family TYTONIDAE

    Tyto alba, Common Barn-Owl

Family STRIGIDAE

    Otus flammeolus, Flammulated Owl
    Otus asio, Eastern Screech-Owl
    Otus kennicottii, Western Screech-Owl
    Otus trichopsis, Whiskered Screech-Owl
    Otus nudipes, Puerto Rican Screech-Owl
    Bubo virginianus, Great Horned Owl
    Nyctea scandiaca, Snowy Owl
    Surnia ulula, Northern Hawk-Owl
    Glaucidium gnoma, Northern Pygmy-Owl
    Glaucidium brasilianum, Ferruginous Pygmy-Owl
    Micrathene whitneyi, Elf Owl
    Athene cunicularia, Burrowing Owl
    Strix occidentalis, Spotted Owl
    Strix varia, Barred Owl
    Strix nebulosa, Great Gray Owl
    Asio otus, Long-eared Owl
    Asio flammeus, Short-eared Owl
    Aegolius funereus, Boreal Owl
    Aegolius acadicus, Northern Saw-whet Owl

Order CAPRIMULGIFORMES


[[Page 23]]


Family CAPRIMULGIDAE

    Chordeiles acutipennis, Lesser Nighthawk
    Chordeiles minor, Common Nighthawk
    Chordeiles gundlachii, Antillean Nighthawk
    Nyctidromus albicollis, Common Pauraque
    Phalaenoptilus nuttallii, Common Poorwill
    Caprimulgus carolinensis, Chuck-will's-widow
    Caprimulgus ridgwayi, Buff-collared Nightjar
    Caprimulgus vociferus, Whip-poor-will
    Caprimulgus noctitherus, Puerto Rican Nightjar
    Caprimulgus indicus, Jungle Nightjar

Order APODIFORMES

Family APODIDAE

    Cypseloides niger, Black Swift
    Streptoprocne zonaris, White-collared Swift
    Chaetura pelagica, Chimney Swift
    Chaetura vauxi, Vaux's Swift
    Hirundapus caudacutus, White-throated Needletail
    Apus apus, Common Swift
    Apus pacificus, Fork-tailed Swift
    Aeronautes saxatalis, White-throated Swift
    Tachornis phoenicobia, Antillean Palm Swift

Family TROCHILIDAE

    Colibri thalassinus, Green Violet-ear
    Anthracothorax dominicus, Antillean Mango
    Anthracothorax viridis, Green Mango
    Eulampis holosericeus, Green-throated Carib
    Orthorhynchus cristatus, Antillean Crested Hummingbird
    Chlorostilbon maugaeus, Puerto Rican Emerald
    Cynanthus latirostris, Broad-billed Hummingbird
    Hylocharis leucotis, White-eared Hummingbird
    Amazilia beryllina, Berylline Hummingbird
    Amazilia yucatanensis, Buff-bellied Hummingbird
    Amazilia violiceps, Violet-crowned Hummingbird
    Lampornis clemenciae, Blue-throated Hummingbird
    Eugenes fulgens, Magnificent Hummingbird
    Heliomaster constantii, Plain-capped Starthroat
    Calliphlox evelynae, Bahama Woodstar
    Calothorax lucifer, Lucifer Hummingbird
    Archilochus colubris, Ruby-throated Hummingbird
    Archilochus alexandri, Black-chinned Hummingbird
    Calypte anna, Anna's Hummingbird
    Calypte costae, Costa's Hummingbird
    Stellula calliope, Calliope Hummingbird
    Selasphorus platycercus, Broad-tailed Hummingbird
    Selasphorus rufus, Rufous Hummingbird
    Selasphorus sasin, Allen's Hummingbird

Order TROGONIFORMES

Family TROGONIDAE

    Trogon elegans, Elegant Trogon
    Euptilotus neoxenus, Eared Trogon

Order CORACIIFORMES

Family UPUPIDAE

    Upupa epops, Hoopoe

Family ALCEDINIDAE

    Ceryle torquata, Ringed Kingfisher
    Ceryle alcyon, Belted Kingfisher
    Chloroceryle americana, Green Kingfisher

Order PICIFORMES

Family PICIDAE

    Jynx torquilla, Eurasian Wryneck
    Melanerpes lewis, Lewis' Woodpecker
    Melanerpes erythrocephalus, Red-headed Woodpecker
    Melanerpes formicivorus, Acorn Woodpecker
    Melanerpes uropygialis, Gila Woodpecker
    Melanerpes aurifrons, Golden-fronted Woodpecker
    Melanerpes carolinus, Red-bellied Woodpecker
    Melanerpes portoricensis, Puerto Rican Woodpecker
    Sphyrapicus varius, Yellow-bellied Sapsucker
    Sphyrapicus ruber, Red-breasted Sapsucker
    Sphyrapicus thyroideus, Williamson's Sapsucker
    Picoides scalaris, Ladder-Backed Woodpecker
    Picoides nuttallii, Nuttall's Woodpecker
    Picoides pubescens, Downy Woodpecker
    Picoides villosus, Hairy Woodpecker
    Picoides stricklandi, Strickland's Woodpecker
    Picoides borealis, Red-cockaded Woodpecker
    Picoides albolarvatus, White-headed Woodpecker
    Picoides tridactylus, Three-toed Woodpecker
    Picoides arcticus, Black-backed Woodpecker
    Colaptes auratus, Northern Flicker
    Dryocopus pileatus, Pileated Woodpecker
    Campephilus principalis, Ivory-billed Woodpecker

Order PASSERIFORMES

Family TYRANNIDAE

    Elaenia martinica, Caribbean Elaenia
    Camptostoma imberbe, Northern Beardless-Tyrannulet
    Contopus borealis, Olive-sided Flycatcher
    Contopus pertinax, Greater Pewee
    Contopus sordidulus, Western Wood-Pewee
    Contopus virens, Eastern Wood-Pewee
    Contopus latirostris, Lesser Antillean Pewee
    Empidonax flaviventris, Yellow-bellied Flycatcher
    Empidonax virescens, Acadian Flycatcher
    Empidonax alnorum, Alder Flycatcher
    Empidonax traillii, Willow Flycatcher
    Empidonax minimus, Least Flycatcher
    Empidonax hammondii, Hammond's Flycatcher
    Empidonax oberholseri, Dusky Flycatcher
    Empidonax wrightii, Gray Flycatcher

[[Page 24]]

    Empidonax difficilis, Western Flycatcher
    Empidonax fulvifrons, Buff-breasted Flycatcher
    Sayornis nigricans, Black Phoebe
    Sayornis phoebe, Eastern Phoebe
    Sayornis saya, Say's Phoebe
    Pyrocephalus rubinus, Vermilion Flycatcher
    Myiarchus tuberculifer, Dusky-capped Flycatcher
    Myiarchus cinerascens, Ash-throated Flycatcher
    Myiarchus nuttingi, Nutting's Flycatcher
    Myiarchus crinitus, Great Crested Flycatcher
    Myiarchus tyrannulus, Brown-crested Flycatcher
    Myiarchus antillarum, Puerto Rican Flycatcher
    Pitangus sulphuratus, Great Kiskadee
    Myiodynastes luteiventris, Sulpher-bellied Flycatcher
    Tyrannus melancholicus, Tropical Kingbird
    Tyrannus couchii, Couch's Kingbird
    Tyrannus vociferans, Cassin's Kingbird
    Tyrannus crassirostris, Thick-billed Kingbird
    Tyrannus verticalis, Western Kingbird
    Tyrannus tyrannus, Eastern Kingbird
    Tyrannus dominicensis, Gray Kingbird
    Tyrannus caudifasciatus, Loggerhead Kingbird
    Tyrannus forficatus, Scissor-tailed Flycatcher
    Tyrannus savana, Fork-tailed Flycatcher
    Pachyramphus aglaiae, Rose-throated Becard

Family ALAUDIDAE

    Alauda arvensis, Eurasian Skylark
    Eremophila alpestris, Horned Lark

Family HIRUNDINIDAE

    Progne subis, Purple Martin
    Progne cryptoleuca, Cuban Martin
    Progne dominicensis, Caribbean Martin
    Progne chalybea, Gray-breasted Martin
    Tachycineta bicolor, Tree Swallow
    Tachycineta thalassina, Violet-green Swallow
    Tachycineta cyaneoviridis, Bahama Swallow
    Stelgidopteryx serripennis, Northern Rough-winged Swallow
    Riparia riparia, Bank Swallow
    Hirundo pyrrhonota, Cliff Swallow
    Hirundo fulva, Cave Swallow
    Hirundo rustica, Barn Swallow
    Delichon urbica, Common House-Martin

Family CORVIDAE

    Perisoreus canadensis, Gray Jay
    Cyanocitta stelleri, Steller's Jay
    Cyanocitta cristata, Blue Jay
    Cyanocorax yncas, Green Jay
    Cyanocorax morio, Brown Jay
    Aphelocoma coerulescens, Scrub Jay
    Aphelocoma ultramarina, Gray-breasted Jay
    Gymnorhinus cyanocephalus, Pinyon Jay
    Nucifraga columbiana, Clark's Nutcracker
    Pica pica, Black-billed Magpie
    Pica nuttalli, Yellow-billed Magpie
    Corvus brachyrhynchos, American Crow
    Corvus caurinus, Northwestern Crow
    Corvus leucognaphalus, White-necked Crow
    Corvus imparatus, Mexican Crow
    Corvus ossifragus, Fish Crow
    Corvus hawaiiensis, Hawaiian Crow
    Corvus cryptoleucus, Chihuahuan Raven
    Corvus corax, Common Raven

Family PARIDAE

    Parus atricapillus, Black-capped Chickadee
    Parus carolinensis, Carolina Chickadee
    Parus sclateri, Mexican Chickadee
    Parus gambeli, Mountain Chickadee
    Parus cinctus, Siberian Tit
    Parus hudsonicus, Boreal Chickadee
    Parus rufescens, Chestnut-backed Chickadee
    Parus wollweberi, Bridled Titmouse
    Parus inornatus, Plain Titmouse
    Parus bicolor, Tufted Titmouse

Family REMIZIDAE

    Auriparus flaviceps, Verdin

Family AEGITHALIDAE

    Psaltriparus minimus, Bushtit

Family SITTIDAE

    Sitta canadensis, Red-breasted Nuthatch
    Sitta carolinensis, White-breasted Nuthatch
    Sitta pygmaea, Pygmy Nuthatch
    Sitta pusilla, Brown-headed Nuthatch

Family CERTHIIDAE

    Certhia americana, Brown Creeper

Family TROGLODYTIDAE

    Campylorhynchus brunneicapillus, Cactus Wren
    Salpinctes obsoletus, Rock Wren
    Catherpes mexicanus, Canyon Wren
    Thryothorus ludovicianus, Carolina Wren
    Thryomanes bewickii, Bewick's Wren
    Troglodytes aedon, House Wren
    Troglodytes troglodytes, Winter Wren
    Cistothorus platensis, Sedge Wren
    Cistothorus palustris, Marsh Wren

Family CINCLIDAE

    Cinclus mexicanus, American Dipper

Family MUSCICAPIDAE

Subfamily SYLVIINAE

    Locustella ochotensis, Middendorff's Grasshopper-Warbler
    Phylloscopus borealis, Arctic Warbler
    Phylloscopus trochilus, Willow Warbler
    Regulus satrapa, Golden-crowned Kinglet
    Regulus calendula, Ruby-crowned Kinglet
    Polioptila caerulea, Blue-gray Gnatcatcher
    Polioptila melanura, Black-tailed Gnatcatcher
    Polioptila nigriceps, Black-capped Gnatcatcher

Subfamily MUSCICAPINAE

    Muscicapa griseisticta, Gray-spotted Flycatcher

[[Page 25]]

    Muscicapa narcissina, Narcissus Flycatcher

Subfamily TURDINAE

    Luscinia calliope, Siberian Rubythroat
    Luscinia svecica, Bluethroat
    Monticola solitarius, Blue Rock Thrush
    Oenanthe oenanthe, Northern Wheatear
    Sialis sialis, Eastern Bluebird
    Sialis mexicana, Western Bluebird
    Sialis currucoides, Mountain Bluebird
    Myadestes townsendi, Townsend's Solitaire
    Phaeornis obscurus, Hawaiian Thrush
    Phaeornis palmeri, Small Kauai Thrush
    Catharus fuscescens, Veery
    Catharus minimus, Gray-cheeked Thrush
    Catharus ustulatus, Swainson's Thrush
    Catharus guttatus, Hermit Thrush
    Hylocichla mustelina, Wood Thrush
    Turdus plumbeus, Red-legged Thrush
    Turdus obscurus, Eye-browed Thrush
    Turdus naumanni, Dusky Thrush
    Turdus pilaris, Fieldfare
    Turdus grayi, Clay-colored Robin
    Turdus rufopalliatus, Rufous-backed Robin
    Turdus migratorius, American Robin
    Ixoreus naevius, Varied Thrush
    Ridgwayia pinicola, Aztec Thrush

Family MIMIDAE

    Dumetella carolinensis, Gray Catbird
    Mimus polyglottos, Northern Mockingbird
    Oreoscoptes montanus, Sage Thrasher
    Toxostoma rufum, Brown Thrasher
    Toxostoma longirostre, Long-billed Thrasher
    Toxostoma bendirei, Bendire's Thrasher
    Toxostoma curvirostre, Curve-billed Thrasher
    Toxostoma redivivum, California Thrasher
    Toxostoma crissale, Crissal Thrasher
    Toxostoma lecontei, Le Conte's Thrasher
    Margarops fuscatus, Pearly-eyed Thrasher

Family PRUNELLIDAE

    Prunella montanella, Siberian Accentor

Family MOTACILLIDAE

    Motacilla flava, Yellow Wagtail
    Motacilla cinerea, Gray Wagtail
    Motacilla alba, White Wagtail
    Motacilla lugens, Black-backed Wagtail
    Anthur hodgsoni, Olive Tree-Pipit
    Anthus gustavi, Pechora Pipit
    Anthus cervinus, Red-throated Pipit
    Anthus spinoletta, Water Pipit
    Anthus spragueii, Sprague's Pipit

Family BOMBYCILLIDAE

    Bombycilla garrulus, Bohemian Waxwing
    Bombycilla cedrorum, Cedar Waxwing

Family PTILOGONATIDAE

    Phainopepla nitens, Phainopepla

Family LANIIDAE

    Lanius excubitor, Northern Shrike
    Lanius ludovicianus, Loggerhead Shrike

Family STURNIDAE

    Sturnus philippensis, Violet-backed Starling
    Sturnus cineraceus, Ashy Starling

Family VIREONIDAE

    Vireo griseus, White-eyed Vireo
    Vireo latimeri, Puerto Rican Vireo
    Vireo bellii, Bells' Vireo
    Vireo atricapillus, Black-capped Vireo
    Vireo vicinior, Gray Vireo
    Vireo solitarius, Solitary Vireo
    Vireo flavifrons, Yellow-throated Vireo
    Vireo huttoni, Hutton's Vireo
    Vireo gilvus, Warbling Vireo
    Vireo philadelphicus, Philadelphia Vireo
    Vireo olivaceus, Red-eyed Vireo
    Vireo altiloquus, Black-whiskered Vireo

Family EMBERIZIDAE

Subfamily PARULINAE

    Vermivora bachmanii, Bachman's Warbler
    Vermivora pinus, Blue-winged Warbler
    Vermivora chrysoptera, Golden-winged Warbler
    Vermivora peregrina, Tennessee Warbler
    Vermivora celata, Orange-crowned Warbler
    Vermivora ruficapilla, Nashville Warbler
    Vermivora virginiae, Virginia's Warbler
    Vermivora crissalis, Colima Warbler
    Vermivora luciae, Lucy's Warbler
    Parula americana, Northern Parula
    Parula pitiayumi, Tropical Parula
    Dendroica petechia, Yellow Warbler
    Dendroica pensylvanica, Chestnut-sided Warbler
    Dendroica magnolia, Magnolia Warbler
    Dendroica tigrina, Cape May Warbler
    Dendroica caerulescens, Black-throated Blue Warbler
    Dendroica coronata, Yellow-rumped Warbler
    Dendroica nigrescens, Black-throated Gray Warbler
    Dendroica townsendi, Townsend's Warbler
    Dendroica occidentalis, Hermit Warbler
    Dendroica virens, Black-throated Green Warbler
    Dendroica chrysoparia, Golden-cheeked Warbler
    Dendroica fusca, Blackburnian Warbler
    Dendroica dominica, Yellow-throated Warbler
    Dendroica graciae, Grace's Warbler
    Dendroica adelaidae, Adelaide's Warbler
    Dendroica pinus, Pine Warbler
    Dendroica kirtlandii, Kirtland's Warbler
    Dendroica discolor, Prairie Warbler
    Dendroica palmarum, Palm Warbler
    Dendroica castanea, Bay-breasted Warbler
    Dendroica striata, Blackpoll Warbler
    Dendroica cerulea, Cerulean Warbler
    Dendroica angelae, Elfin Woods Warbler
    Mniotilta varia, Black-and-White Warbler
    Setophaga ruticilla, American Redstart
    Protonotaria citrea, Prothonotary Warbler
    Helmitheros vermivorus, Worm-eating Warbler
    Limnothlypis swainsonii, Swainson's Warbler
    Seiurus aurocapillus, Ovenbird
    Seiurus noveboracensis, Northern Waterthrush
    Seiurus motacilla, Louisiana Waterthrush

[[Page 26]]

    Oporornis formosus, Kentucky Warbler
    Oporornis agilis, Connecticut Warbler
    Oporornis philadelphia, Mourning Warbler
    Oporornis tolmiei, MacGillivray's Warbler
    Geothlypis trichas, Common Yellowthroat
    Geothlypis poliocephala, Gray-crowned Yellowthroat
    Wilsonia citrina, Hooded Warbler
    Wilsonia pusilla, Wilson's Warbler
    Wilsonia canadensis, Canada Warbler
    Cardellina rubrifrons, Red-faced Warbler
    Myioborus pictus, Painted Redstart
    Myioborus miniatus, Slaty-throated Redstart
    Basileuterus culicivorus, Golden-crowned Warbler
    Basileuterus rufifrons, Rufous-capped Warbler
    Icteria virens, Yellow-breasted Chat
    Peucedramus taeniatus, Olive Warbler

Subfamily THRAUPINAE

    Spindalis zena, Stripe-headed Tanager
    Neospingus speculiferus, Puerto Rican Tanager
    Piranga flava, Hepatic Tanager
    Piranga rubra, Summer Tanager
    Piranga olivacea, Scarlet Tanager
    Piranga ludoviciana, Western Tanager
    Euphonia musica, Antillean Euphonia

Subfamily CARDINALINAE

    Rhodothraupis celaeno, Crimson-collared Grosbeak
    Cardinalis cardinals, Northern Cardinal
    Cardinalis sinuatus, Pyrrhuloxia
    Pheucticus chrysopeplus, Yellow Grosbeak
    Pheucticus ludovicianus, Rose-breasted Grosbeak
    Pheucticus melanocephalus, Black-headed Grosbeak
    Guiraca caerulea, Blue Grosbeak
    Passerina amoena, Lazuli Bunting
    Passerina cyanea, Indigo Bunting
    Passerina versicolor, Varied Bunting
    Passerina ciris, Painted Bunting
    Spiza americana, Dickcissel

Subfamily EMBERIZINAE

    Arremonops rufivirgatus, Olive Sparrow
    Pipilo chlorurus, Green-tailed Towhee
    Pipilo erythrophthalmus, Rufous-sided Towhee
    Pipilo fuscus, Brown Towhee
    Pipilo aberti, Abert's Towhee
    Sporophila torqueola, White-collared Seedeater
    Tiaris olivacea, Yellow-faced Grassquit
    Tiaris bicolor, Black-faced Grassquit
    Loxigilla portoricensis, Puerto Rican Bullfinch
    Aimophila aestivalis, Bachman's Sparrow
    Aimophila botterii, Botteri's Sparrow
    Aimophila cassinii, Cassin's Sparrow
    Aimophila carpalis, Rufous-winged Sparrow
    Aimophila ruficeps, Rufous-crowned Sparrow
    Spizella arborea, American Tree Sparrow
    Spizella passerina, Chipping Sparrow
    Spizella pallida, Clay-colored Sparrow
    Spizella breweri, Brewer's Sparrow
    Spizella pusilla, Field Sparrow
    Spizella wortheni, Worthen's Sparrow
    Spizella atrogularis, Black-chinned Sparrow
    Pooecetes gramineus, Vesper Sparrow
    Chondestes grammacus, Lark Sparrow
    Amphispiza bilineata, Black-throated Sparrow
    Amphispiza belli, Sage Sparrow
    Amphispiza quinquestriata, Five-striped Sparrow
    Calamospiza melanocorys, Lark Bunting
    Passerculus sandwichensis, Savannah Sparrow
    Ammodramus bairdii, Baird's Sparrow
    Ammodramus savannarum, Grasshopper Sparrow
    Ammodramus henslowii, Henslow's Sparrow
    Ammodramus leconteii, Le Conte's Sparrow
    Ammodramus caudacutus, Sharp-tailed Sparrow
    Ammodramus maritimus, Seaside Sparrow
    Passerella iliaca, Fox Sparrow
    Melosipza melodia, Song Sparrow
    Melospiza lincolnii, Lincoln's Sparrow
    Melospiza georgiana, Swamp Sparrow
    Zonotrichia albicollis, White-throated Sparrow
    Zonotrichia atricapilla, Golden-crowned Sparrow
    Zonotrichia leucophrys, White-crowned Sparrow
    Zonotrichia querula, Harris' Sparrow
    Junco hyemalis, Dark-eyed Junco
    Junco phaeonotus, Yellow-eyed Junco
    Emberiza rustica, Rustic Bunting
    Emberiza pallasi, Pallas' Reed-Bunting
    Emberiza schoeniculus, Common Reed-Bunting
    Calcarius mccownii, McCown's Longspur
    Calcarius lapponicus, Lapland Longspur
    Calcarius pictus, Smith's Longspur
    Calcarius ornatus, Chestnut-collared Longspur
    Plectrophenax nivalis, Snow Bunting
    Plectrophenax hyperboreus, McKay's Bunting

Subfamily ICTERINAE

    Dolichonyx oryzivorus, Bobolink
    Agelaius phoeniceus, Red-winged Blackbird
    Agelaius tricolor, Tricolored Blackbird
    Agelaius humeralis, Tawny-shouldered Blackbird
    Agelaius xanthomus, Yellow-shouldered Blackbird
    Sturnella magna, Eastern Meadowlark
    Sturnella neglecta, Western Meadowlark
    Xanthocephalus xanthocephalus, Yellow-headed Blackbird
    Euphagus carolinus, Rusty Blackbird
    Euphagus cyanocephalus, Brewer's Blackbird
    Quiscalus mexicanus, Great-tailed Grackle
    Quiscalus major, Boat-tailed Grackle

[[Page 27]]

    Quiscalus quiscula, Common Grackle
    Quiscalus niger, Greater Antillean Grackle
    Molothrus bonariensis, Shiny Cowbird
    Molothrus aeneus, Bronzed Cowbird
    Molothrus ater, Brown-headed Cowbird
    Icterus dominicensis, Black-cowled Oriole
    Icterus wagleri, Black-vented Oriole
    Icterus spurius, Orchard Oriole
    Icterus cucullatus, Hooded Oriole
    Icterus pustulatus, Streak-backed Oriole
    Icterus gularis, Altamira Oriole
    Icterus graduacauda, Audubon's Oriole
    Icterus galbula, Northern Oriole
    Icterus parisorum, Scott's Oriole

Family FRINGILLIDAE

Subfamily FRINGILLINAE

    Fringilla montifringilla, Brambling

Subfamily CARDUELINAE

    Leucosticte arctoa, Rosy Finch
    Pinicola enucleator, Pine Grosbeak
    Carpodacus erythrinus, Common Rosefinch
    Carpodacus purpureus, Purple Finch
    Carpodacus cassinii, Cassin's Finch
    Carpodacus mexicanus, House Finch
    Loxia curvirostra, Red Crossbill
    Loxia leucoptera, White-winged Crossbill
    Carduelis flammea, Common Redpoll
    Carduelis hornemanni, Hoary Redpoll
    Carduelis pinus, Pine Siskin
    Carduelis psaltria, Lesser Goldfinch
    Carduelis lawrencei, Lawrence's Goldfinch
    Carduelis tristis, American Goldfinch
    Carduelis sinica, Oriental Greenfinch
    Pyrrhula pyrrhula, Eurasian Bullfinch
    Coccothraustes vespertinus, Evening Grosbeak
    Coccothraustes coccothraustes, Hawfinch

[50 FR 13710, Apr. 5, 1985]



                           Subpart C_Addresses



Sec. 10.21  Director.

    (a) Mail forwarded to the Director for law enforcement purposes 
should be addressed: Chief, Division of Law Enforcement, U.S. Fish and 
Wildlife Service, P.O. Box 3247, Arlington, VA 22203-3247.
    (b) Mail sent to the Director regarding permits for the Convention 
on International Trade in Endangered Species of Wild Fauna and Fauna 
(CITES), injurious wildlife, Wild Bird Conservation Act species, 
international movement of all ESA-listed endangered or threatened 
species, and scientific research on, exhibition of, or interstate 
commerce in nonnative ESA-listed endangered and threatened species 
should be addressed to: Director, U.S. Fish and Wildlife Service, 
(Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room 
700, Arlington, VA 22203. Address mail for the following permits to the 
Regional Director. In the address include one of the following: for 
import/export licenses and exception to designated port permits 
(Attention: Import/export license); for native endangered and threatened 
species (Attention: Endangered/threatened species permit); and for 
migratory birds and eagles (Attention: Migratory bird permit office). 
You can find addresses for regional offices at 50 CFR 2.2.

[55 FR 48851, Nov. 23, 1990, as amended at 63 FR 52633, Oct. 1, 1998]



Sec. 10.22  Law enforcement offices.

    Service law enforcement offices and their areas of responsibility 
follow. Mail should be addressed: ``Assistant Regional Director, 
Division of Law Enforcement, U.S. Fish and Wildlife Service, 
(appropriate address below)'':

              Areas of Responsibility and Office Addresses

California, Hawaii, Idaho. Nevada, Oregon, Washington, American Samoa, 
          Guam, the Marshall Islands, Northern Mariana Islands, and the 
          Trust Territory of the Pacific Islands (District 1):
 Eastside Federal Complex, 911 N.E. 11th. Avenue, Portland, OR 97232-
          4181, Telephone: 503-231-6125.
Arizona, New Mexico, Oklahoma, and Texas (District 2):
 P.O. Box 329, Albuquerque, NM 87103, Telephone: 505-766-2091
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and 
          Wisconsin (District 3):
 P.O. Box 45--Federal Building, Ft. Snelling, Twin Cities, MN 55111, 
          Telephone: 612-725-3530.
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, 
          North Carolina, South Carolina, Tennessee, Puerto Rico, and 
          the Virgin Islands (District 4):
 P.O. Box 4839, Atlanta, GA 30302, Telephone: 404-331-5872
Connecticut, Delaware, District of Columbia, Maine, Maryland, 
          Massachusetts, New Hampshire, New Jersey, New York, 
          Pennsylvania, Rhode Island, Vermont, Virginia, and West 
          Virginia (District 5):
 P.O. Box 129, New Town Branch, Boston, MA 02258, Telephone: 617-965-
          2298
Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, 
          and Wyoming (District 6):

[[Page 28]]

 P.O. Box 25486, Denver Federal Center, Denver, CO 80225, Telephone: 
          303-236-7540
Alaska (District 7):
 P.O. Box 92597, Anchorage, AK 99509-2597, Telephone: 907-786-3311
Any foreign country (Washington Office):
 P.O. Box 3247, Arlington, VA 22203-3247, Telephone: 703-358-1949.

(Pub. L. 97-79, 95 Stat. 1072; 16 U.S.C. 3371-3378)

[48 FR 1313, Jan. 12, 1983; 48 FR 37040, Aug. 16, 1983, as amended at 49 
FR 31291, Aug. 6, 1984; 51 FR 23551, June 30, 1986; 53 FR 6649, Mar. 2, 
1988; 55 FR 48851, Nov. 23, 1990]



PART 11_CIVIL PROCEDURES--Table of Contents




                         Subpart A_Introduction

Sec.
11.1 Purpose of regulations.
11.2 Scope of regulations.
11.3 Filing of documents.

                     Subpart B_Assessment Procedure

11.11 Notice of violation.
11.12 Petition for relief.
11.13 Decision by the Director.
11.14 Notice of assessment.
11.15 Request for a hearing.
11.16 Final administrative decision.
11.17 Payment of final assessment.

                 Subpart C_Hearing and Appeal Procedures

11.21 Commencement of hearing procedures.
11.22 Appearance and practice.
11.23 Hearings.
11.24 Final administrative action.
11.25 Appeal.
11.26 Reporting service.

    Authority: Lacey Act, 83 Stat. 279-281, 18 U.S.C. 42-44; Lacey Act 
Amendments of 1981, 95 Stat. 1073-1080, 16 U.S.C. 3371 et seq.; Bald 
Eagle Protection Act, sec. 2, 54 Stat. 251, 16 U.S.C. 668a; Endangered 
Species Act of 1973, sec. 11(f), 87 Stat. 884, 16 U.S.C. 1540(f); Marine 
Mammal Protection Act of 1972, sec. 112(a), 86 Stat. 1042, 16 U.S.C. 
1382.

    Source: 39 FR 1159, Jan. 4, 1974, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 11 appear at 67 FR 
38208, June 3, 2002.



                         Subpart A_Introduction



Sec. 11.1  Purpose of regulations.

    The regulations contained in this part provide uniform rules and 
procedures for the assessment of civil penalties in connection with 
violations of certain laws and regulations enforced by the Service.



Sec. 11.2  Scope of regulations.

    The regulations contained in this part apply only to actions arising 
under the following laws and regulations issued thereunder:

Lacey Act, 18 U.S.C. 43;
Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.;
Bald Eagle Protection Act, 16 U.S.C. 668-668d;
Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. 1531 et seq.; 
and Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1384 and 1401-
1407.

[47 FR 56860, Dec. 21, 1982]



Sec. 11.3  Filing of documents.

    (a) Whenever a document or other paper is required to be filed under 
this part within a certain time, such document or paper will be 
considered filed as of the date of the postmark if mailed, or the date 
actually delivered to the office where filing is required. The time 
periods set forth in this part shall begin to run as of the day 
following the date of the document or other paper.
    (b) If an oral or written application is made to the Director up to 
10 calendar days after the expiration of a time period established in 
this part for the required filing of documents or other papers, the 
Director may permit a late filing within a fixed period where reasonable 
grounds are found for an inability or failure to file within the time 
period required. All such extensions shall be in writing. Except as 
provided in this subsection, no other requests for an extension of time 
may be granted.



                     Subpart B_Assessment Procedure



Sec. 11.11  Notice of violation.

    (a) A notice of violation (hereinafter ``notice''), shall be issued 
by the Director and served personally or by registered or certified 
mail, return receipt requested, upon the person believed to be subject 
to a civil penalty (the respondent). The notice shall contain: (1) A 
concise statement of the facts believed to show a violation, (2) a 
specific reference to the provisions of the statute or regulation 
allegedly violated,

[[Page 29]]

and (3) the amount of penalty proposed to be assessed. The notice may 
also contain an initial proposal for compromise or settlement of the 
case. The notice shall also advise the respondent of his right to file a 
petition for relief pursuant to Sec. 11.12, or to await the Director's 
notice of assessment.
    (b) The respondent shall have 45 days from the date of the notice of 
violation in which to respond. During this time he may:
    (1) Undertake informal discussions with the Director;
    (2) Accept the proposed penalty, or the compromise, if any, offered 
in the notice;
    (3) File a petition for relief; or
    (4) Take no action, and await the Director's decision, pursuant to 
Sec. 11.13.
    (c) Acceptance of the proposed penalty or the compromise shall be 
deemed to be a waiver of the notice ef assessment required by Sec. 
11.14, and of the opportunity for a hearing. Any counter offer of 
settlement shall be deemed a rejection of the proposed offer of 
compromise.



Sec. 11.12  Petition for relief.

    If the respondent so chooses he may ask that no penalty be assessed 
or that the amount be reduced, and he may admit or contest the legal 
sufficiency of the charge and the Director's allegations of facts, by 
filing a petition for relief (hereinafter ``petition'') with the 
Director at the address specified in the notice within 45 days of the 
date thereof. The petition shall be in writing and signed by the 
respondent. If the respondent is a corporation, the petition must be 
signed by an officer authorized to sign such documents. It must set 
forth in full the legal or other reasons for the relief.



Sec. 11.13  Decision by the Director.

    Upon expiration of the period required or granted for filing of a 
petition for relief, the Director shall proceed to make an assessment of 
a civil penalty, taking into consideration information available to him 
and such showing as may have been made by the respondent, either 
pursuant to Sec. 11.11 or Sec. 11.12, or upon further request of the 
Director.



Sec. 11.14  Notice of assessment.

    The Director shall notify the respondent by a written notice of 
assessment, by personal service or by registered or certified mail, 
return receipt requested, of his decision pursuant to Sec. 11.13. He 
shall set forth therein the facts and conclusions upon which he decided 
that the violation did occur and appropriateness of the penalty 
assessed.



Sec. 11.15  Request for a hearing.

    Except where a right to request a hearing is deemed to have been 
waived as provided in Sec. 11.11, the respondent may, within 45 
calendar days from the date of the notice of assessment referred to in 
Sec. 11.14, file a dated, written request for a hearing with the 
Hearings Division, Office of Hearings and Appeals, U.S. Department of 
the Interior, 801 North Quincy Street, Arlington, Virginia 22203. The 
request should state the respondent's preference as to the place and 
date for a hearing. The request must enclose a copy of the notice of 
violation and notice of assessment. A copy of the request shall be 
served upon the Director personally or by registered or certified mail, 
return receipt requested, at the address specified in the notice.



Sec. 11.16  Final administrative decision.

    (a) Where no request for a hearing is filed as provided in Sec. 
11.15 the Director's assessment shall become effective and shall 
constitute the final administrative decision of the Secretary on the 
45th calendar day from the date of the notice of assessment.
    (b) If a request for a hearing is timely filed in accordance with 
Sec. 11.15, the date of the final administrative decision in the matter 
shall be as provided in subpart C of this part.



Sec. 11.17  Payment of final assessment.

    When a final administrative decision becomes effective in accordance 
with this part 11, the respondent shall have 20 calendar days from the 
date of the final administrative decision within which to make full 
payment of the penalty assessed. Payment will be timely only if received 
in Office of the Director during normal business hours, on or

[[Page 30]]

before the 20th day. Upon a failure to pay the penalty, the Solicitor of 
the Department may request the Attorney General to institute a civil 
action in the U.S. District Court to collect the penalty.



                 Subpart C_Hearing and Appeal Procedures



Sec. 11.21  Commencement of hearing procedures.

    Proceedings under this subpart are commenced upon the timely filing 
with the Hearings Division of a request for a hearing, as provided in 
Sec. 11.15 of subpart B. Upon receipt of a request for a hearing, the 
Hearings Division will assign an administrative law judge to the case. 
Notice of assignment will be given promptly to the parties, and 
thereafter, all pleadings, papers, and other documents in the proceeding 
shall be filed directly with the administrative law judge, with copies 
served on the opposing party.



Sec. 11.22  Appearance and practice.

    (a) Subject to the provisions of 43 CFR 1.3, the respondent may 
appear in person, by representative, or by counsel, and may participate 
fully in these proceedings.
    (b) Department counsel designated by the Solicitor of the Department 
shall represent the Director in these proceedings. Upon notice to the 
Director of the assignment of an administrative law judge to the case, 
said counsel shall enter his appearance on behalf of the Director and 
shall file all petitions and correspondence exchanged by the Director 
and the respondent pursuant to subpart B of this part, which shall 
become part of the hearing record. Thereinafter, service upon the 
Director in these proceedings shall be made to his counsel.



Sec. 11.23  Hearings.

    (a) The administrative law judge shall have all powers accorded by 
law and necessary to preside over the parties and the proceedings and to 
make decisions in accordance with 5 U.S.C. 554-557. Failure to appear at 
the time set for hearing shall be deemed a waiver of the right to a 
hearing and consent to the making of a decision on the record made at 
the hearing. Copies of the transcript may be inspected or copied.
    (b) The transcript of testimony, the exhibits, and all papers, 
documents, and requests filed in the proceedings, shall constitute the 
record for decision. The judge will render a written decision upon the 
record, which shall set forth his findings of fact and conclusions of 
law, and the reasons and basis therefor, and an assessment of a penalty, 
if any.



Sec. 11.24  Final administrative action.

    Unless a notice of request for an appeal is filed in accordance with 
Sec. 11.25 of this subpart C, the administrative law judge's decision 
shall constitute the final administrative determination of the Secretary 
in the matter and shall become effective 30 calendar days from the date 
of the decision.



Sec. 11.25  Appeal.

    (a) Either the respondent or the Director may seek an appeal from 
the decision of an administrative law judge rendered subsequent to 
January 1, 1974, by the filing of a ``Notice of Request for Appeal'' 
with the Director, Office of Hearings and Appeals, U.S. Department of 
the Interior, 801 North Quincy Street, Arlington, Virginia 22203, within 
30 calendar days of the date of the administrative law judge's decision. 
Such notice shall be accompanied by proof of service on the 
administrative law judge and the opposing party.
    (b) Upon receipt of such a request, the Director, Office of Hearings 
and Appeals, shall appoint an ad hoc appeals board to determine whether 
an appeal should be granted, and to hear and decide an appeal. To the 
extent they are not inconsistent herewith, the provisions of subpart G 
of the Department Hearings and Appeals Procedures in 43 CFR part 4 shall 
apply to appeal proceedings under this subpart. The determination of the 
board to grant or deny an appeal, as well as its decision on the merits 
of an appeal, shall be in writing and become effective as the final 
administrative determination of the Secretary in the proceeding on the 
date it is rendered, unless otherwise specified therein.

[[Page 31]]



Sec. 11.26  Reporting service.

    Copies of decisions in civil penalty proceedings instituted under 
statutes referred to in subpart A of this part and rendered subsequent 
to June 3, 1970, may be obtained by letter of request addressed to the 
Director, Office of Hearings and Appeals, U.S. Department of the 
Interior, 801 North Quincy Street, Arlington, Virginia 22203. Fees for 
this service shall be as established by the Director of that Office.



PART 12_SEIZURE AND FORFEITURE PROCEDURES--Table of Contents




                      Subpart A_General Provisions

Sec.
12.1 Purpose of regulations.
12.2 Scope of regulations.
12.3 Definitions.
12.4 Filing of documents.
12.5 Seizure by other agencies.
12.6 Bonded release.

                   Subpart B_Preliminary Requirements

12.11 Notification of seizure.
12.12 Appraisement.

                    Subpart C_Forfeiture Proceedings

12.21 Criminal prosecutions.
12.22 Civil actions to obtain forfeiture.
12.23 Administrative forfeiture proceedings.
12.24 Petition for remission of forfeiture.
12.25 Transfers in settlement of civil penalty claims.

          Subpart D_Disposal of Forfeited or Abandoned Property

12.30 Purpose.
12.31 Accountability.
12.32 Effect of prior illegality.
12.33 Disposal.
12.34 Return to the wild.
12.35 Use by the Service or transfer to another government agency for 
          official use.
12.36 Donation or loan.
12.37 Sale.
12.38 Destruction.
12.39 Information on property available for disposal.

     Subpart E_Restoration of Proceeds and Recovery of Storage Costs

12.41 Petition for restoration of proceeds.
12.42 Recovery of certain storage costs.

                      Subpart F_Return of Property

12.51 Return procedure.

    Authority: Act of September 6, 1966, 5 U.S.C. 301; Bald and Golden 
Eagles Protection Act, 16, U.S.C. 668-668b; National Wildlife Refuge 
System Administration Act, 16 U.S.C. 668dd(e)-(f); Migratory Bird Treaty 
Act, 16 U.S.C. 704, 706-707, 712; Migratory Bird Hunting and 
Conservation Stamp Act, 16 U.S.C. 718f-718g; Fish and Wildlife Act of 
1956 [Airborne Hunting Amendments], 16 U.S.C. 742j-l(d)-(f); Black Bass 
Act, 16 U.S.C. 852d-853; Marine Mammal Protection Act of 1972, 16 U.S.C. 
1375-1377, 1382; Endangered Species Act of 1973, 16 U.S.C. 1540; Lacey 
Act, 18 U.S.C. 43, 44; Lacey Act Amendments of 1981, 95 Stat. 1073-1080, 
16 U.S.C. 3371 et seq.; Tariff Act of 1930, 19 U.S.C. 1602-1624; Fish 
and Wildlife Improvement Act of 1978, 16 U.S.C. 742l; Exotic Organisms, 
E.O. 11987, 42 FR 26949; American Indian Religious Freedom Act, 42 
U.S.C. 1996.

    Source: 45 FR 17864, Mar. 19, 1980, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 12.1  Purpose of regulations.

    The regulations of this part establish procedures relating to 
property seized or subject to forfeiture under various laws enforced by 
the Service.



Sec. 12.2  Scope of regulations.

    Except as hereinafter provided, the regulations of this part apply 
to all property seized or subject to forfeiture under any of the 
following laws:
    (a) The Eagle Protection Act, 16 U.S.C. 668 et seq.;
    (b) The National Wildlife Refuge System Administration Act, 16 
U.S.C. 668dd et seq.;
    (c) The Migratory Bird Treaty Act, 16 U.S.C. 703 et seq.;
    (d) The Migratory Bird Hunting Stamp Act, 16 U.S.C. 718 et seq.;
    (e) The Airborne Hunting Act, 16 U.S.C. 742j-1;
    (f) The Black Bass Act, 16 U.S.C. 851 et seq.;
    (g) The Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.;
    (h) The Endangered Species Act, 16 U.S.C. 1531 et seq.; and
    (i) The Lacey Act, 18 U.S.C. 43-44.
    (j) The Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.

[45 FR 17864, Mar. 19, 1980; 45 FR 31725, May 14, 1980, as amended at 47 
FR 56860, Dec. 21, 1982]

[[Page 32]]



Sec. 12.3  Definitions.

    (a) As used in this part:
    (1) Attorney General means the Attorney General of the United States 
or an authorized representative;
    (2) Disposal includes, but is not limited to, remission, return to 
the wild, use by the Service or transfer to another government agency 
for official use, donation or loan, sale, or destruction.
    (3) Domestic value means the price at which the seized property or 
similar property is freely offered for sale at the time and place of 
appraisement, in the same quantity or quantities as seized, and in the 
oridinary course of trade. If there is no market for the seized property 
at the place of appraisement, such value in the principal market nearest 
to the place of appraisement shall be reported.
    (4) Solicitor means the Solicitor of the Department of the Interior 
or an authorized representative.
    (b) The definitions of paragraph (a) of this section are in addition 
to, and not in lieu of, those contained in Sec. Sec. 1.1 through 1.8 
and 10.12 of this title.

[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 17525, Apr. 23, 1982]



Sec. 12.4  Filing of documents.

    (a) Whenever any document is required by this part to be filed or 
served within a certain period of time, such document will be considered 
filed or served as of the date of receipt by the party with or upon whom 
filing or service is required. The time periods established by this part 
shall begin to run on the day following the date of filing or service.
    (b) If an oral or written application is made before the expiration 
of a time period established by this part, an extension of such period 
for a fixed number of days may be granted where there are reasonable 
grounds for the failure to file or serve the document within the period 
required. Any such extension shall be in writing. Except as provided in 
this paragraph, no other requests for an extension shall be granted.



Sec. 12.5  Seizure by other agencies.

    Any authorized employee or officer of any other Federal agency who 
has seized any wildlife or other property under any of the laws listed 
in Sec. 12.2 will, if so requested, deliver such seizure to the 
appropriate Special Agent in Charge designated in Sec. 10.22 of this 
title, or to an authorized designee, who shall either hold such seized 
wildlife or other property or arrange for its proper handling and care.



Sec. 12.6  Bonded release.

    (a) Subject to the conditions set forth in paragraphs (b) and (c) of 
this section, and to such additional conditions as may be appropriate, 
the Service, in its discretion, may accept an appearance bond or other 
security (including, but not limited to, payment of the value as 
determined under Sec. 12.12) in place of any property seized under the 
Endangered Species Act, 16 U.S.C. 1531 et seq.; Marine Mammal Protection 
Act, 16 U.S.C. 1361 et seq.; Lacey Act, 18 U.S.C. 43; Lacey Act 
Amendments of 1981, 16 U.S.C. 3371 et seq.; Airborne Hunting Act, 16 
U.S.C. 742j-1; or Eagle Protection Act, 16 U.S.C. 668 et seq.
    (b) Property may be released under this section only to the owner or 
consignee.
    (c) Property may be released under this section only if possession 
thereof will not violate or frustrate the purpose or policy of any 
applicable law or regulation.

[45 FR 17864, Mar. 19, 1980; 45 FR 31725, May 14, 1980, as amended at 47 
FR 56860, Dec. 21, 1982]



                   Subpart B_Preliminary Requirements



Sec. 12.11  Notification of seizure.

    Except where the owner or consignee is personally notified or 
seizure is made pursuant to a search warrant, the Service shall, as soon 
as practicable following the seizure or other receipt of seized wildlife 
or other property, mail a notification of seizure by registered or 
certified mail, return receipt requested, to the owner or consignee, if 
known or easily ascertainable. Such notification shall describe the 
seized wildlife or other property, and shall

[[Page 33]]

state the time, place, and reason for the seizure.



Sec. 12.12  Appraisement.

    The Service shall determine the value of any cargo, of a vessel or 
other conveyance employed in unlawful taking, seized under the Marine 
Mammal Protection Act, 16 U.S.C. 1361 et seq., and the value of any 
property seized under the Endangered Species Act, 16 U.S.C. 1531 et 
seq.; Eagle Protection Act, 16 U.S.C. 668 et seq.; Airborne Hunting Act, 
16 U.S.C. 742j-1, et seq.; or the Lacey Act Amendments of 1981, 16 
U.S.C. 3371 et seq. If the seized property may lawfully be sold in the 
United States, its domestic value shall be determined in accordance with 
Sec. 12.3. If the seized property may not lawfully be sold in the 
United States, its value shall be determined by other reasonable means.

[47 FR 56860, Dec. 21, 1982]



                    Subpart C_Forfeiture Proceedings



Sec. 12.21  Criminal prosecutions.

    If property is subject to criminal forfeiture, such forfeiture will 
be obtained in accordance with the Federal Rules of Criminal Procedure.



Sec. 12.22  Civil actions to obtain forfeiture.

    The Solicitor may request the Attorney General to file a civil 
action to obtain forfeiture of any property subject to forfeiture under 
the Airborne Hunting Act, 16 U.S.C. 742j-1; Lacey Act, 18 U.S.C. 43-44; 
Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; Black Bass Act, 16 
U.S.C. 851 et seq.; Marine Mammal Protection Act, 16 U.S.C. 1361 et 
seq.; Migratory Bird Treaty Act, 16 U.S.C. 703 et seq.; Migratory Bird 
Hunting Stamp Act, 16 U.S.C. 718 et seq.; Eagle Protection Act, 16 
U.S.C. 668 et seq.; or Endangered Species Act, 16 U.S.C. 1531 et seq. 
Before any such action is filed against property subject to forfeiture 
under the Lacey Act, 18 U.S.C. 43, or against property, other than the 
cargo of a vessel or other conveyance employed in unlawful taking, 
subject to forfeiture under the Marine Mammal Protection Act, 16 U.S.C. 
1361 et seq., a civil penalty must first be assessed in accordance with 
the statute and applicable regulations, and no such action may be filed 
more than 30 days after the conclusion of civil penalty assessment 
proceedings.

[47 FR 56860, Dec. 21, 1982]



Sec. 12.23  Administrative forfeiture proceedings.

    (a) When authorized. Whenever any property subject to forfeiture 
under the Eagle Protection Act, 16 U.S.C. 668 et seq., or Airborne 
Hunting Act, 16 U.S.C. 742j-1, or any wildlife or plant subject to 
forfeiture under the Endangered Species Act, 16 U.S.C. 1531 et seq., or 
any fish, wildlife or plant subject to forfeiture under the Lacey Act 
Amendments of 1981, 16 U.S.C. 3371 et seq., is determined under Sec. 
12.12 to have a value not greater than $100,000, the Solicitor may 
obtain forfeiture of such property in accordance with this section.
    (b) Procedure--(1) Notice of proposed forfeiture. As soon as 
practicable following seizure, the Solicitor shall issue a notice of 
proposed forfeiture.
    (A) Publication. The notice shall be published once a week for at 
least three successive weeks in a newspaper of general circulation in 
the locality where the property was seized. If the value of the seized 
property as determined under Sec. 12.12 does not exceed $1000, the 
notice may be published by posting, instead of newspaper publication, 
for at least three successive weeks in a conspicuous place accessible to 
the public at the Service's enforcement office, the U.S. District Court 
or the U.S. Customhouse nearest the place of seizure. In cases of 
posting, the date of initial posting shall be indicated on the notice. 
In addition to newspaper publication or posting, a reasonable effort 
shall be made to serve the notice personally or by registered or 
certified mail, return receipt requested, on each person whose 
whereabouts and interest in the seized property are known or easily 
ascertainable.
    (B) Contents. The notice shall be in substantially the same form as 
a complaint for forfeiture filed in United States District Court. The 
notice shall describe the property, including, in the case of motor 
vehicles, the license, registration, motor, and serial numbers. The 
notice shall state the time and

[[Page 34]]

place of seizure, as well as the reason therefor, and shall specify the 
value of the property as determined under Sec. 12.12. The notice shall 
contain a specific reference to the provisions of the laws or 
regulations allegedly violated and under which the property is subject 
to forfeiture. The notice shall state that any person desiring to claim 
the property must file a claim and a bond in accordance with paragraph 
(b)(2) of this section, and shall state that if a proper claim and bond 
are not received by the proper office within the time prescribed by such 
paragraph, the property will be declared forfeited to the United States 
and disposed of according to law. The notice shall also advise 
interested persons of their right to file a petition for remission of 
forfeiture in accordance with Sec. 12.24.
    (2) Filing a claim and bond. Upon issuance of the notice of proposed 
forfeiture, any person claiming the seized property may file with the 
Solicitor's office indicated in the notice a claim to the property and a 
bond in the penal sum of $5,000, or ten per centum of the value of the 
claimed property, whichever is lower, but not less than $250. Any claim 
and bond must be received in such office within 30 days after the date 
of first publication or posting of the notice of proposed forfeiture. 
The claim shall state the claimant's interest in the property. The bond 
filed with the claim shall be on a United States Customs Form 4615 or on 
a similar form provided by the Department. There shall be endorsed on 
the bond a list or schedule in substantially the following form which 
shall be signed by the claimant in the presence of the witnesses to the 
bond, and attested by the witnesses:

    List or schedule containing a particular description of seized 
article, claim for which is covered by the within bond, to wit:
________________________________________________________________________
________________________________________________________________________
    The foregoing list is correct.

Claimant --------------------
    Attest: --------------------


The claim and bond referred to in this paragraph shall not entitle the 
claimant or any other person to possession of the property.
    (3) Transmittal to Attorney General. As soon as practicable after 
timely receipt by the proper office of a proper claim and bond in 
accordance with paragraph (b)(2) of this section, the Solicitor shall 
transmit such claim and bond to the Attorney General for institution of 
forfeiture proceedings in U.S. District Court.
    (4) Motion for stay. Upon issuance of the notice of proposed 
forfeiture, any person claiming the seized property may file with the 
Solicitor's regional or field office indicated in the notice a motion to 
stay administrative forfeiture proceedings. Any motion for stay must be 
filed within 30 days after the date of first publication or posting of 
the notice of the proposed forfeiture. Each motion must contain:
    (i) The claimant's verified statement showing that he or she holds 
absolute, fee simple title to the seized property, free and clear of all 
liens, encumbrances, security interests, or other third-party interests, 
contingent or vested; and (ii) the claimant's offer to pay in advance 
all reasonable costs anticipated to be incurred in the storage, care, 
and maintenance of the seized property for which administrative 
forfeiture is sought. Where a stay of administrative forfeiture 
proceedings would not injure or impair the rights of any third parties 
and where the claimant has agreed to pay in advance anticipated, 
reasonable storage costs associated with the granting of a stay, the 
Regional or Field Solicitor as appropriate may, in his discretion, grant 
the motion for stay and specify reasonable and prudent conditions 
therefor, including but not limited to the duration of the stay, a 
description of the factors which would automatically terminate the stay, 
and any requirement for a bond (including amount) to secure the payment 
of storage and other maintenance costs. If a motion for stay is denied, 
or if a stay is terminated for any reason, the claimant must file, if he 
or she has not already done so, a claim and bond in accordance with 
paragraph (b)(2) of this section not later than 30 days after receipt of 
the Solicitor's Office denial or termination order. Failure to file the 
claim and bond within 30 days will result in summary foreiture under 
paragraph (c) of this section.

[[Page 35]]

    (c) Summary forfeiture. If a proper claim and bond are not received 
by the proper office within 30 days as specified in paragraph (b)(2) of 
this section, the Solicitor shall declare the property forfeited. The 
declaration of forfeiture shall be in writing, and shall be sent by 
registered or certified mail, return receipt requested, to the Service 
and to each person whose whereabouts and prior interest in the seized 
property are known or easily ascertainable. The declaration shall be in 
substantially the same form as a default judgment of forfeiture entered 
in United States District Court. The declaration shall describe the 
property and state the time, place, and reason for its seizure. The 
declaration shall identify the notice of proposed forfeiture, describing 
the dates and manner of publication of the notice and any efforts made 
to serve the notice personally or by mail. The declaration shall state 
that in response to the notice a proper claim and bond were not timely 
received by the proper office from any claimant, and that therefore all 
potential claimants are deemed to admit the truth of the allegations of 
the notice. The declaration shall conclude with an order of condemnation 
and forfeiture of the property to the United States for disposition 
according to law.

[45 FR 17864, Mar. 19, 1980, as amended at 46 FR 44759, Sept. 8, 1981; 
47 FR 56860, Dec. 21, 1982; 50 FR 6350, Feb. 15, 1985]



Sec. 12.24  Petition for remission of forfeiture.

    (a) Any person who has an interest in cargo, of a vessel or other 
conveyance employed in unlawful taking, subject to forfeiture under the 
Marine Mammal Protection Act, 16 U.S.C. 1361 et seq., or any person who 
has an interest in any property subject to forfeiture under the 
Endangered Species Act, 16 U.S.C. 1531 et seq.; Eagle Protection Act, 16 
U.S.C. 668 et seq.; Airborne Hunting Act, 16 U.S.C. 742j-1; or the Lacey 
Act Amendments of 1981, 16 U.S.C. 3371 et seq., or any person who has 
incurred or is alleged to have incurred a forfeiture of any such 
property, may file with the Solicitor or, when forfeiture proceedings 
have been brought in U.S. District Court, the Attorney General, a 
petition for remission of forfeiture.
    (b) A petition filed with the Solicitor need not be in any 
particular form, but it must be received before disposition of the 
property and must contain the following:
    (1) A description of the property;
    (2) The time and place of seizure;
    (3) Evidence of the petitioner's interest in the property, including 
contracts, bills of sale, invoices, security interests, certificates of 
title, and other satisfactory evidence; and
    (4) A statement of all facts and circumstances relied upon by the 
petitioner to justify remission of the forfeiture.
    (c) The petition shall be signed by the petitioner or the 
petitioner's attorney at law. If the petitioner is a corporation, the 
petition must be signed by an authorized officer, supervisory employee, 
or attorney at law, and the corporate seal shall be properly affixed to 
the signature.
    (d) A false statement in the petition may subject the petitioner to 
prosecution under title 18, U.S. Code, section 1001.
    (e) Upon receiving the petition, the Solicitor shall decide whether 
or not to grant relief. In making a decision, the Solicitor shall 
consider the information submitted by the petitioner, as well as any 
other available information relating to the matter.
    (f) If the Solicitor finds the existence of such mitigating 
circumstances as to justify remission or mitigation of the forfeiture or 
alleged forfeiture, the Solicitor may remit or mitigate the same upon 
such terms and conditions as may be reasonable and just or may order 
discontinuance of any proceeding under Sec. 12.23
    (g) If the Solicitor decides that relief should not be granted, the 
Solicitor shall so notify the petitioner in writing, stating in the 
notification the reasons for denying relief. The petitioner may then 
file a supplemental petition, but no supplemental petition shall be 
considered unless it is received within 60 days from the date of the 
Solicitor's notification denying the original petition.

[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982]

[[Page 36]]



Sec. 12.25  Transfers in settlement of civil penalty claims.

    In the discretion of the Solicitor, an owner of wildlife or plants 
who may be liable for civil penalty under the Endangered Species Act, 16 
U.S.C. 1531 et seq.; Lacey Act, 18 U.S.C. 43; Lacey Act Amendments of 
1981, 16 U.S.C. 3371 et seq.; Eagle Protection Act, 16 U.S.C. 668 et 
seq.; or Marine Mammal Protection Act, 16 U.S.C. 1361 et seq., may be 
given an opportunity to completely or partially settle the civil penalty 
claim by transferring to the United States all right, title, and 
interest in any wildlife or plants that are subject to forfeiture. Such 
transfer may be accomplished by the owner's execution and return of a 
U.S. Customs Form 4607 or a similar compromise transfer of property 
instrument provided by the Department.

[47 FR 56861, Dec. 21, 1982]



          Subpart D_Disposal of Forfeited or Abandoned Property

    Source: 47 FR 17525, Apr. 23, 1982, unless otherwise noted.



Sec. 12.30  Purpose.

    Upon forfeiture or abandonment of any property to the United States 
under this part the Director shall dispose of such property under the 
provisions of this subpart D.



Sec. 12.31  Accountability.

    All property forfeited or abandoned under this part must be 
accounted for in official records. These records must include the 
following information:
    (a) A description of the item.
    (b) The date and place of the item's seizure (if any) and forfeiture 
or abandonment.
    (c) The investigative case file number with which the item was 
associated.
    (d) The name of any person known to have or to have had an interest 
in the item.
    (e) The date, place, and manner of the item's initial disposal.
    (f) Name of the official responsible for the initial disposal.
    (g) Domestic value of the property.



Sec. 12.32  Effect of prior illegality.

    The effect of any prior illegality on a subsequent holder of any 
wildlife or plant disposed of or subject to disposal is terminated upon 
forfeiture or abandonment, but the prohibitions, restrictions, 
conditions, or requirements which apply to a particular species of 
wildlife or plant under the laws or regulations of the United States or 
any State, including any applicable conservation, health, quarantine, 
agricultural, or Customs laws or regulations remain in effect as to the 
conduct of such holder.



Sec. 12.33  Disposal.

    (a) The Director shall dispose of any wildlife or plant forfeited or 
abandoned under the authority of this part, subject to the restrictions 
provided in this subpart, by one of the following means, unless the item 
is the subject of a petition for remission of forfeiture under Sec. 
12.24 of this part, or disposed of by court order:
    (1) Return to the wild;
    (2) Use by the Service or transfer to another government agency for 
official use;
    (3) Donation or loan;
    (4) Sale; or
    (5) Destruction.

In the exercise of the disposal authority, the Director ordinarily must 
dispose of any wildlife or plant in the order in which the disposal 
methods appear in this paragraph (a) of this section.
    (b) The Director shall dispose of any other property forfeited or 
abandoned under the authority of this part (including vehicles, vessels, 
aircraft, cargo, guns, nets, traps, and other equipment), except 
wildlife or plants, in accordance with current Federal Property 
Management Regulations (41 CFR chapter 101) and Interior Property 
Management Regulations (41 CFR chapter 114), unless the item is the 
subject of a petition for remission of forfeiture under Sec. 12.24 of 
this part, or disposed of by court order.
    (c) The Director shall dispose of property according to the 
following schedule, unless the property is the subject of a petition for 
remission of forfeiture under Sec. 12.24 of this part:

[[Page 37]]

    (1) Any live wildlife or plant and any wildlife or plant that the 
Director determines is liable to perish, deteriorate, decay, waste, or 
greatly decrease in value by keeping, or that the expense of keeping is 
disproportionate to its value may be disposed of immediately after 
forfeiture or abandonment; and
    (2) All other property may be disposed of no sooner than 60 days 
after forfeiture or abandonment.
    (d) If the property is the subject of a petition for remission of 
forfeiture under Sec. 12.24 of this part, the Director may not dispose 
of the property until the Solicitor or Attorney General makes a final 
decision not to grant relief.



Sec. 12.34  Return to the wild.

    (a) Any live member of a native species of wildlife which is capable 
of surviving may be released to the wild in suitable habitat within the 
historical range of the species in the United States with the permission 
of the landowner, unless release poses an imminent danger to public 
health or safety.
    (b) Any live member of a native species of plant which is capable of 
surviving may be transplanted in suitable habitat on Federal or other 
protected lands within the historical range of the species in the United 
States with the permission of the landowner.
    (c) Any live member of an exotic species of wildlife (including 
injurious wildlife) or plant may not be returned to the wild in the 
U.S., but may be returned to one of the following countries for return 
to suitable habitat in accordance with the provisions of Sec. 12.35 of 
this part if it is capable of surviving:
    (1) The country of export (if known) after consultation with and at 
the expense of the country of export, or
    (2) A country within the historic range of the species which is 
party to the Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (TIAS 8249) after consultation with and at the 
expense of such country.



Sec. 12.35  Use by the Service or transfer to another government agency 
for official use.

    (a) Wildlife and plants may be used by the Service or transferred to 
another government agency (including foreign agencies) for official use 
including, but not limited to, one or more of the following purposes:
    (1) Training government officials to perform their official duties;
    (2) Identifying protected wildlife or plants, including forensic 
identification or research;
    (3) Educating the public concerning the conservation of wildlife or 
plants;
    (4) Conducting law enforcement operations in performance of official 
duties;
    (5) Enhancing the propagation or survival of a species or other 
scientific purposes;
    (6) Presenting as evidence in a legal proceeding involving the 
wildlife or plant; or
    (7) Returning to the wild in accordance with Sec. 12.34 of this 
part.
    (b) Each transfer and the terms of the transfer must be documented.
    (c) The agency receiving the wildlife or plants may be required to 
bear all costs of care, storage, and transportation in connection with 
the transfer from the date of seizure to the date of delivery.



Sec. 12.36  Donation or loan.

    (a) Except as otherwise provided in this section, wildlife and 
plants may be donated or loaned for scientific, educational, or public 
display purposes to any person who demonstrates the ability to provide 
adequate care and security for the item.
    (b) Any donation or loan may be made only after execution of a 
transfer document between the Director and the donee/borrower, which is 
subject to the following conditions:
    (1) The purpose for which the wildlife or plants are to be used must 
be stated on the transfer document;
    (2) Any attempt by the donee/borrower to use the donation or loan 
for any other purpose except that stated on the transfer document 
entitles the Director to immediate repossession of the wildlife or 
plants;

[[Page 38]]

    (3) The donee/borrower must pay all costs associated with the 
transfer, including the costs of care, storage, transportation, and 
return to the Service (if applicable);
    (4) The donee/borrower may be required to account periodically for 
the donation or loan;
    (5) The donee/borrower is not relieved from the prohibitions, 
restrictions, conditions, or requirements which may apply to a 
particular species of wildlife or plant imposed by the laws or 
regulations of the United States or any State, including any applicable 
health, quarantine, agricultural, or Customs laws or regulations.
    (6) Any attempt by a donee to retransfer the donation during the 
time period specified in the transfer document within which the donee 
may not retransfer the donation without the prior authorization of the 
Director entitles the Director to immediate repossession of the wildlife 
or plants;
    (7) Any attempt by a borrower to retransfer the loan without the 
prior authorization of the Director entitles the Director to immediate 
repossession of the wildlife or plants;
    (8) Subject to applicable limitations of law, duly authorized 
Service officers at all reasonable times shall, upon notice, be afforded 
access to the place where the donation or loan is kept and an 
opportunity to inspect it;
    (9) Any donation is subject to conditions specified in the transfer 
document, the violation of which causes the property to revert to the 
United States;
    (10) Any loan is for an indefinite period of time unless a date on 
which the loan must be returned to the Service is stated on the transfer 
document; and
    (11) Any loan remains the property of the United States, and the 
Director may demand its return at any time.
    (c) Wildlife and plants may be donated to individual American 
Indians for the practice of traditional American Indian religions. Any 
donation of the parts of bald or golden eagles to American Indians may 
only be made to individuals authorized by permit issued in accordance 
with Sec. 22.22 of this title to possess such items.
    (d) Edible wildlife, fit for human consumption, may be donated to a 
non-profit, tax-exempt charitable organization for use as food, but not 
for barter or sale.
    (e) Wildlife and plants may be loaned to government agencies 
(including foreign agencies) for official use. Each transfer and the 
terms of the transfer must be documented.



Sec. 12.37  Sale.

    (a) Wildlife and plants may be sold or offered for sale, except any 
species which at the time it is to be sold or offered for sale falls 
into one of the following categories:
    (1) Listed in Sec. 10.13 of this title as a migratory bird 
protected by the Migratory Bird Treaty Act (16 U.S.C. 703-712);
    (2) Protected under the Eagle Protection Act (16 U.S.C. 668-668d);
    (3) Listed in Sec. 23.33 of this title as ``Appendix I'' under the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora;
    (4) Listed in Sec. 17.11 of this title as ``endangered'' or 
``threatened'' under the Endangered Species Act of 1973 (16 U.S.C. 
1533), unless the item or species may be lawfully traded in interstate 
commerce; and
    (5) Protected under the Marine Mammal Protection Act (16 U.S.C. 
1361-1407), unless the item or species may be lawfully traded in 
interstate commerce.
    (b) Wildlife and plants must be sold in accordance with current 
Federal Property Management Regulations (41 CFR chapter 101) and 
Interior Property Management Regulations (41 CFR chapter 114) or U.S. 
Customs laws and regulations, except the Director may sell any wildlife 
or plant immediately for its fair market value if the Director 
determines that it is liable to perish, deteriorate, decay, waste, or 
greatly decrease in value by keeping, or that the expense of keeping it 
is disproportionate to its value.
    (c) Wildlife or plants which may not be possessed lawfully by 
purchasers under the laws of the State where held may be moved to a 
State where possession is lawful and may be sold.
    (d) Wildlife or plants purchased at sale are subject to the 
prohibitions, restrictions, conditions, or requirements which apply to a 
particular species of wildlife or plant imposed by the laws or

[[Page 39]]

regulations of the United States or any State, including any applicable 
conservation, health, quarantine, agricultural, or Customs laws or 
regulations, except as provided by Sec. 12.32 of this part.
    (e) The Director may use the proceeds of sale to reimburse the 
Service for any costs which by law the Service is authorized to recover 
or to pay any rewards which by law may be paid from sums the Service 
receives.



Sec. 12.38  Destruction.

    (a) Wildlife and plants not otherwise disposed of must be destroyed.
    (b) When destroyed, the fact, manner, and date of destruction and 
the type and quantity destroyed must be certified by the official 
actually destroying the items.



Sec. 12.39  Information on property available for disposal.

    Persons interested in obtaining information on property which is 
available for disposal should contact the appropriate Special Agent in 
Charge listed in Sec. 10.22 of this title.



     Subpart E_Restoration of Proceeds and Recovery of Storage Costs



Sec. 12.41  Petition for restoration of proceeds.

    (a) Any person claiming any property or interest therein which has 
been forfeited under the Endangered Species Act, 16 U.S.C. 1531 et seq.; 
Eagle Protection Act, 16 U.S.C. 668 et seq.; Airborne Hunting Act, 16 
U.S.C. 742j-1; or the Lacey Act Amendments of 1981, 16 U.S.C. 3371 et 
seq., and sold according to law, or any person claiming cargo or an 
interest therein, of a vessel or other conveyance employed in unlawful 
taking which has been forfeited under the Marine Mammal Protection Act, 
16 U.S.C. 1361 et seq., and sold according to law, may file with the 
Solicitor or, where forfeiture proceedings have been brought in U.S. 
District Court, the Attorney General, a petition for restoration of 
proceeds.
    (b) A petition filed with the Solicitor need not be in any 
particular form, but it must be received within three months after the 
date of sale of the property and must contain the following:
    (1) A description of the property;
    (2) The time and place of seizure;
    (3) Evidence of the petitioner's interest in the property, including 
contracts, bills of sale, invoices, security interests, certificates of 
title, and other satisfactory evidence;
    (4) A request for restoration of the proceeds or such part thereof 
as is claimed by the petitioner; and
    (5) A statement of all facts and circumstances relied upon by the 
petitioner to justify restoration of the proceeds, including proof that 
the petitioner did not know of the seizure before the declaration or 
order of forfeiture and was in such circumstances as prevented the 
petitioner from knowing of the same.
    (c) The petition shall be signed by the petitioner or the 
petitioner's attorney at law. If the petitioner is a corporation, the 
petition must be signed by an authorized officer, supervisory employee, 
or attorney at law, and the corporate seal shall be properly affixed to 
the signature.
    (d) A false statement in the petition may subject the petitioner to 
prosecution under title 18, U.S. Code, section 1001.
    (e) Upon receiving the petition, the Solicitor shall decide whether 
or not to grant relief. In making a decision, the Solicitor shall 
consider the information submitted by the petitioner, as well as any 
other available information relating to the matter.
    (f) If the Solicitor finds the existence of such mitigating 
circumstances as to justify restoration of the proceeds or any part 
thereof and that the petitioner did not know of the seizure before the 
declaration or order of forfeiture and was in such circumstances as 
prevented the petitioner from knowing of the same, the Solicitor may 
order the proceeds or any part thereof restored to the petitioner, after 
deducting from such proceeds the costs of seizure, storage, forfeiture 
and disposition, the duties, if any, accruing on the seized property, 
and any sum due on a lien for freight, charges, or contribution in 
general average, notice of which has been filed with the Solicitor 
according to law.

[[Page 40]]

    (g) If the Solicitor decides that relief should not be granted, the 
Solicitor shall so notify the petitioner in writing, stating in the 
notification the reasons for denying relief. The petitioner may then 
file a supplemental petition, but no supplemental petition shall be 
considered unless it is received within 60 days from the date of the 
Solicitor's notification denying the original petition.

[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982]



Sec. 12.42  Recovery of certain storage costs.

    If any wildlife, plant, or evidentiary item is seized and forfeited 
under the Endangered Species Act, 16 U.S.C. 1531 et seq., any person 
whose act or omission was the basis for the seizure may be charged a 
reasonable fee for expenses to the United States connected with the 
transfer, board, handling, or storage of such property. If any fish, 
wildlife or plant is seized in connection with a violation of the Lacey 
Act Amendments of 1981, 16 U.S.C. 3371, et seq., any person convicted 
thereof, or assessed a civil penalty therefor, may be assessed a 
reasonable fee for expenses of the United States connected with the 
storage, care and maintenance of such property. Within a reasonable time 
after forfeiture, the Service shall send to such person by registered or 
certified mail, return receipt requested, a bill for such fee. The bill 
shall contain an itemized statement of the applicable costs, together 
with instructions on the time and manner of payment. Payment shall be 
made in accordance with the bill. The recipient of any assessment of 
costs under this section who has an objection to the reasonableness of 
the costs described in the bill may, within 30 days of the date on which 
he received the bill, file written objections with the Regional Director 
of the Fish and Wildlife Service for the Region in which the seizure 
occurred. Upon receipt of the written objections, the appropriate 
Regional Director will promptly review them and within 30 days mail his 
final decision to the party who filed objections. In all cases, the 
Regional Director's decision shall constitute final administrative 
action on the matter.

[47 FR 56861, Dec. 21, 1982]



                      Subpart F_Return of Property



Sec. 12.51  Return procedure.

    If, at the conclusion of the appropriate proceedings, seized 
property is to be returned to the owner or consignee, the Solicitor or 
Service shall issue a letter or other document authorizing its return. 
This letter or other document shall be delivered personally or sent by 
registered or certified mail, return receipt requested, and shall 
identify the owner or consignee, the seized property, and, if 
appropriate, the bailee of the seized property. It shall also provide 
that upon presentation of the letter or other document and proper 
identification, and the signing of a receipt provided by the Service, 
the seized property is authorized to be released, provided it is 
properly marked in accordance with applicable State or Federal 
requirements.



PART 13_GENERAL PERMIT PROCEDURES--Table of Contents




                         Subpart A_Introduction

Sec.
13.1 General.
13.2 Purpose of regulations.
13.3 Scope of regulations.
13.4 Emergency variation from requirements.
13.5 Information collection requirements.

                    Subpart B_Application for Permits

13.11 Application procedures.
13.12 General information requirements on applications for permits.

                     Subpart C_Permit Administration

13.21 Issuance of permits.
13.22 Renewal of permits.
13.23 Amendment of permits.
13.24 Right of succession by certain persons.
13.25 Transfer of permits and scope of permit authorization.
13.26 Discontinuance of permit activity.
13.27 Permit suspension.
13.28 Permit revocation.
13.29 Review procedures.

                          Subpart D_Conditions

13.41 Humane conditions.

[[Page 41]]

13.42 Permits are specific.
13.43 Alteration of permits.
13.44 Display of permit.
13.45 Filing of reports.
13.46 Maintenance of records.
13.47 Inspection requirement.
13.48 Compliance with conditions of permit.
13.49 Surrender of permit.
13.50 Acceptance of liability.

    Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382, 1538(d), 
1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. 
9701.

    Source: 39 FR 1161, Jan. 4, 1974, unless otherwise noted.



                         Subpart A_Introduction



Sec. 13.1  General.

    Each person intending to engage in an activity for which a permit is 
required by this subchapter B shall, before commencing such activity, 
obtain a valid permit authorizing such activity. Each person who desires 
to obtain the permit privileges authorized by this subchapter must make 
application for such permit in accordance with the requirements of this 
part 13 and the other regulations in this subchapter which set forth the 
additional requirements for the specific permits desired. If the 
activity for which permission is sought is covered by the requirements 
of more than one part of this subchapter, the requirements of each part 
must be met. If the information required for each specific permitted 
activity is included, one application will be accepted for all permits 
required, and a single permit will be issued.



Sec. 13.2  Purpose of regulations.

    The regulations contained in this part provide uniform rules, 
conditions, and procedures for the application for and the issuance, 
denial, suspension, revocation, and general administration of all 
permits issued pursuant to this subchapter B.

[54 FR 38147, Sept. 14, 1989]



Sec. 13.3  Scope of regulations.

    The provisions in this part are in addition to, and are not in lieu 
of, other permit regulations of this subchapter and apply to all permits 
issued thereunder, including ``Importation, Exportation and 
Transportation of Wildlife'' (part 14), ``Wild Bird Conservation Act'' 
(part 15), ``Injurious Wildlife'' (part 16), ``Endangered and Threatened 
Wildlife and Plants'' (part 17), ``Marine Mammals'' (part 18), 
``Migratory Bird Permits'' (part 21), ``Eagle Permits'' (part 22), and 
``Endangered Species Convention'' (the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora) (part 23). As used in 
this part 13, the term ``permit'' will refer to a license, permit, 
certificate, letter of authorization, or other document as the context 
may require, and to all such documents issued by the Service or other 
authorized U.S. or foreign government agencies.

[70 FR 18317, Apr. 11, 2005]



Sec. 13.4  Emergency variation from requirements.

    The Director may approve variations from the requirements of this 
part when he finds that an emergency exists and that the proposed 
variations will not hinder effective administration of this subchapter 
B, and will not be unlawful.



Sec. 13.5  Information collection requirements.

    (a) The Office of Management and Budget approved the information 
collection requirements contained in this part 13 under 44 U.S.C. and 
assigned OMB Control Number 1018-0092. 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 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

[[Page 42]]

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 (1018-0092), Washington, DC 20603.

[63 FR 52634, Oct. 1, 1998]



                    Subpart B_Application for Permits



Sec. 13.11  Application procedures.

    The Service may not issue a permit for any activity authorized by 
this subchapter B unless you have filed an application under the 
following procedures:
    (a) Forms. Applications must be submitted in writing on a Federal 
Fish and Wildlife License/Permit Application (Form 3-200) or as 
otherwise specifically directed by the Service.
    (b) Forwarding Instructions. Applications for permits in the 
following categories should be forwarded to the issuing office indicated 
below.
    (1) You may obtain applications for migratory bird banding permits 
(50 CFR 21.22) by writing to: Bird Banding Laboratory, USGS Patuxent 
Wildlife Research Center, 12100 Beech Forest Road, Laurel, Maryland 
20708-4037. Submit completed permit applications to the same address.
    (2) You may obtain applications for designated port exception 
permits and import/export licenses (50 CFR 14) by writing to the Special 
Agent in Charge (SAC) of the Region in which you reside (see 50 CFR 2.2 
or the Service Web site, http://www.fws.gov, for addresses and 
boundaries of the Regions). Submit completed permit applications to the 
same address.
    (3) You may obtain applications for Wild Bird Conservation Act 
permits (50 CFR 15); injurious wildlife permits (50 CFR 16); captive-
bred wildlife registrations (50 CFR 17); permits authorizing import, 
export, or foreign commerce of endangered and threatened species, and 
interstate commerce of non-native endangered or threatened species (50 
CFR 17); marine mammal permits (50 CFR 18); and permits and certificates 
for import, export, and reexport of species listed under the Convention 
on International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) (50 CFR 23) from: U.S. Fish and Wildlife Service, Division of 
Management Authority, 4401 N. Fairfax Drive, Room 700, Arlington, 
Virginia 22203-1610. Submit completed permit applications to the same 
address.
    (4) You may obtain Endangered Species Act permit applications (50 
CFR 17) for activities involving native endangered and threatened 
species, including incidental take, scientific purposes, enhancement of 
propagation or survival (i.e., recovery), and enhancement of survival by 
writing to the Regional Director (Attention: Endangered Species Permits) 
of the Region where the activity is to take place (see 50 CFR 2.2 or the 
Service Web site, http://www.fws.gov, for addresses and boundaries of 
the Regions). Submit completed applications to the same address (the 
Regional office covering the area where the activity will take place). 
Permit applications for interstate commerce for native endangered and 
threatened species should be obtained by writing to the Regional 
Director (Attention: Endangered Species Permits) of the Region that has 
the lead for the particular species, rather than the Region where the 
activity will take place. You can obtain information on the lead Region 
via the Service's Endangered Species Program Web page (http://
endangered.fws.gov/wildlife.html) by entering the common or scientific 
name of the listed species in the Regulatory Profile query box. Send 
interstate commerce permit applications for native listed species to the 
same Regional Office that has the lead for that species. Endangered 
Species Act permit applications for the import or export of native 
endangered and threatened species may be obtained from the Division of 
Management Authority in accordance with paragraph (b)(3) of this 
section.
    (5) You may obtain applications for bald and golden eagle permits 
(50 CFR 22) and migratory bird permits (50 CFR 21), except for banding 
and marking permits, by writing to the Migratory Bird Permit Program 
Office in the Region in which you reside. For mailing

[[Page 43]]

addresses for the Migratory Bird Regional Permit Offices, see below, or 
go to: http://permits.fws.gov/mbpermits/addresses.html. Send completed 
applications to the same address. The mailing addresses for the Regional 
Migratory Bird Permit Offices are as follows:

Region 1 (CA, HI, ID, NV, OR, WA): U.S. Fish and Wildlife Service, 
    Migratory Bird Permit Office, 911 N.E. 11th Avenue, Portland, OR 
    97232-4181.
Region 2 (AZ, NM, OK, TX): U.S. Fish and Wildlife Service, Migratory 
    Bird Permit Office, P.O. Box 709, Albuquerque, NM 87103.
Region 3 (IA, IL, IN, MN, MO, MI, OH, WI): U.S. Fish and Wildlife 
    Service, Migratory Bird Permit Office, One Federal Drive, Fort 
    Snelling, MN 55111.
Region 4 (AR, FL, GA, KY, LA, MS, NC, SC, TN, PR, VI): U.S. Fish and 
    Wildlife Service, Migratory Bird Permit Office, P.O. Box 49208, 
    Atlanta, GA 30359.
Region 5 (CT, DC, DE, MA, MD, ME, NH, NJ, NY, PA, RI, VA, VT, WV): U.S. 
    Fish and Wildlife Service, Migratory Bird Permit Office, P.O. Box 
    779, Hadley, MA 01035-0779.
Region 6 (CO, KS, MT, ND, NE, SD, UT, WY): U.S. Fish and Wildlife 
    Service, Migratory Bird Permit Office, P.O. Box 25486, DFC (60130), 
    Denver, CO 80225-0486.
Region 7 (AK): U.S. Fish and Wildlife Service, Migratory Bird Permit 
    Office (MS-201), 1011 E. Tudor Road, Anchorage, AK 99503.

    (c) Time notice. The Service will process all applications as 
quickly as possible. However, we cannot guarantee final action within 
the time limit you request. You should ensure that applications for 
permits for marine mammals and/or endangered and threatened species are 
postmarked at least 90 calendar days prior to the requested effective 
date. The time we require for processing of endangered and threatened 
species incidental take permits will vary according to the project scope 
and significance of effects. Submit applications for all other permits 
to the issuing/reviewing office and ensure they are postmarked at least 
60 calendar days prior to the requested effective date. Our processing 
time may be increased by the procedural requirements of the National 
Environmental Policy Act (NEPA), the requirement to publish a notice in 
the Federal Register requesting a 30-day public comment period when we 
receive certain types of permit applications, and/or the time required 
for extensive consultation within the Service, with other Federal 
agencies, and/or State or foreign governments. When applicable, we may 
require permit applicants to provide additional information on the 
proposal and on its environmental effects as may be necessary to satisfy 
the procedural requirements of NEPA.
    (d) Fees. (1) Unless otherwise exempted under this subsection, you 
must pay the required permit processing fee at the time that you apply 
for issuance or amendment of a permit. You must pay by check or money 
order made payable to the ``U.S. Fish and Wildlife Service.'' The 
Service will not refund any application fee under any circumstances if 
we have processed the application. However, we may return the 
application fee if you withdraw the application before we have 
significantly processed it.
    (2) If regulations in this subchapter require more than one type of 
permit for an activity and the permits are issued by the same office, 
the issuing office may issue one consolidated permit authorizing the 
activity in accordance with Sec. 13.1. You may submit a single 
application in such cases, provided that the single application contains 
all the information required by the separate applications for each 
permitted activity. Where more than one permitted activity is 
consolidated into one permit, the issuing office will charge the highest 
single fee for the activity permitted.
    (3) Circumstances under which we will not charge a permit 
application fee are as follows:
    (i) We will not charge a permit application fee to any Federal, 
tribal, State, or local government agency or to any individual or 
institution acting on behalf of such agency. Except as otherwise 
authorized or waived, if you fail to submit evidence of such status with 
your application, we will require the submission of all processing fees 
prior to the acceptance of the application for processing.

[[Page 44]]

    (ii) As noted in paragraph (d)(4) of this section.
    (iii) We may waive the fee on a case-by-case basis for extraordinary 
extenuating circumstances provided that the issuing permit office and a 
Regional or Assistant Director approves the waiver.
    (4) User fees. The following table identifies specific fees for each 
permit application or amendment to a current permit. If no fee is 
identified under the Amendment Fee column, this particular permit either 
cannot be amended and a new application, and application fee, would need 
to be submitted or no fee will be charged for amending the permit 
(please contact the issuing office for further information).

------------------------------------------------------------------------
                                                              Amendment
         Type of permit          CFR  citation      Fee          fee
------------------------------------------------------------------------
                        Migratory Bird Treaty Act
------------------------------------------------------------------------
Migratory Bird Import/Export...  50 CFR 21....          $75  ...........
Migratory Bird Banding or        50 CFR 21....  ...........  ...........
 Marking.
Migratory Bird Scientific        50 CFR 21....          100          $50
 Collecting.
Migratory Bird Taxidermy.......  50 CFR 21....          100  ...........
Waterfowl Sale and Disposal....  50 CFR 21....           75  ...........
Special Canada Goose...........  50 CFR 21....  ...........  ...........
Migratory Bird Special Purpose/  50 CFR 21....           75  ...........
 Education.
Migratory Bird Special Purpose/  50 CFR 21....           75  ...........
 Salvage.
Migratory Bird Special Purpose/  50 CFR 21....           75  ...........
 Game Bird Propagation.
Migratory Bird Special Purpose/  50 CFR 21....          100  ...........
 Miscellaneous.
Falconry.......................  50 CFR 21....          100  ...........
Raptor Propagation.............  50 CFR 21....          100  ...........
Migratory Bird Rehabilitation..  50 CFR 21....           50  ...........
Migratory Bird Depredation.....  50 CFR 21....          100           50
Migratory Bird Depredation/      50 CFR 21....           50  ...........
 Homeowner.
--------------------------------
                  Bald and Golden Eagle Protection Act
------------------------------------------------------------------------
Eagle Scientific Collecting....  50 CFR 22....          100           50
Eagle Exhibition...............  50 CFR 22....           75  ...........
Eagle Falconry.................  50 CFR 22....          100  ...........
Eagle--Native American Religion  50 CFR 22....  ...........  ...........
Eagle Depredation..............  50 CFR 22....          100           50
Golden Eagle Nest Take.........  50 CFR 22....          100           50
Eagle Transport--Scientific or   50 CFR 22....           75  ...........
 Exhibition.
Eagle Transport--Native          50 CFR 22....        (\1\)        (\1\)
 American Religious Purposes.
--------------------------------
                 Endangered Species Act/CITES/Lacey Act
------------------------------------------------------------------------
ESA Recovery...................  50 CFR 17....          100           50
ESA Interstate Commerce........  50 CFR 17....          100           50
ESA Enhancement of Survival      50 CFR 17....           50           25
 (Safe Harbor Agreement).
ESA Enhancement of Survival      50 CFR 17....           50           25
 (Candidate Conservation
 Agreement with Assurances).
ESA Incidental Take (Habitat     50 CFR 17....          100           50
 Conservation Plan).
ESA and CITES Import/Export and  50 CFR 17....          100           50
 Foreign Commerce.
ESA and CITES Museum Exchange..  50 CFR 17....          100           50
ESA Captive-bred Wildlife        50 CFR 17....          200          100
 Registration.
    --Renewal of Captive-bred    50 CFR 17....          100  ...........
     wildlife registration.
CITES Import (including          50 CFR 17,             100           50
 trophies under ESA and MMPA).    18, 23.
CITES Export...................  50 CFR 23....          100           50
CITES Pre-Convention...........  50 CFR 23....           75           40
CITES Certificate of Origin....  50 CFR 23....           75           40
CITES Re-Export................  50 CFR 23....           75           40
CITES Personal Effects and Pet   50 CFR 23....           50  ...........
 Export/Re-Export.
CITES Appendix II Export         50 CFR 23....          100           50
 (native furbearers and
 alligators--excluding live
 animals).
CITES Master File (includes      50 CFR 23....          200          100
 files for artificial
 propagation, biomedical, etc.
 and covers import, export, and
 re-export documents).
    --Renewal of CITES Master    50 CFR 23....          100  ...........
     File.
    --Single-use permits issued  50 CFR 23....        \2\ 5  ...........
     on Master File.
CITES Annual Program File......  50 CFR 23....           50  ...........
    --Single-use permits issued  50 CFR 23....        \2\ 5  ...........
     under Annual Program.
CITES replacement documents      50 CFR 23....           50           50
 (lost, stolen, or damaged
 documents).
CITES Passport for Traveling     50 CFR 23....       \3\ 75  ...........
 Exhibitions and Pets.
CITES/ESA Passport for           50 CFR 23....      \3\ 100  ...........
 Traveling Exhibitions.
Import/Export License..........  50 CFR 14....          100           50
Designated Port Exception......  50 CFR 14....          100           50

[[Page 45]]

 
Injurious Wildlife Permit......  50 CFR 16....          100           50
    --Transport Authorization    50 CFR 16....           25  ...........
     for Injurious Wildlife.
--------------------------------
                    Wild Bird Conservation Act (WBCA)
------------------------------------------------------------------------
Personal Pet Import............  50 CFR 15....           50  ...........
WBCA Scientific Research,        50 CFR 15....          100           50
 Zoological Breeding or
 Display, Cooperative Breeding.
WBCA Approval of Cooperative     50 CFR 15....          200          100
 Breeding Programs.
    --Renewal of a WBCA          50 CFR 15....           50  ...........
     Cooperative Breeding
     Program.
WBCA Approval of a Foreign       50 CFR 15....      \4\ 250  ...........
 Breeding Facility.
--------------------------------
                      Marine Mammal Protection Act
------------------------------------------------------------------------
Marine Mammal Public Display...  50 CFR 18....          300          150
Marine Mammal Scientific         50 CFR 18....          150           75
 Research/Enhancement/
 Registered Agent or Tannery.
    --Renewal of Marine Mammal   50 CFR 18....           75  ...........
     Scientific Research/
     Enhancement/Registered
     Agent or Tannery.
------------------------------------------------------------------------
\1\ No fee.
\2\ Each.
\3\ Per animal.
\4\ Per species.

    (5) We will charge a fee for substantive amendments made to permits 
within the time period that the permit is still valid. The fee is 
generally half the original fee assessed at the time that the permit is 
processed; see paragraph (d)(4) of this section for the exact amount. 
Substantive amendments are those that pertain to the purpose and 
conditions of the permit and are not purely administrative. 
Administrative changes, such as updating name and address information, 
are required under 13.23(c), and we will not charge a fee for such 
amendments.
    (6) Except as specifically noted in paragraph (d)(4) of this 
section, a permit renewal is an issuance of a new permit, and applicants 
for permit renewal must pay the appropriate fee listed in paragraph 
(d)(4) of this section.
    (e) Abandoned or incomplete applications. If we receive an 
incomplete or improperly executed application, or if you do not submit 
the proper fees, the issuing office will notify you of the deficiency. 
If you fail to supply the correct information to complete the 
application or to pay the required fees within 45 calendar days of the 
date of notification, we will consider the application abandoned. We 
will not refund any fees for an abandoned application.

[70 FR 18317, Apr. 11, 2005]



Sec. 13.12  General information requirements on applications for permits.

    (a) General information required for all applications. All 
applications must contain the following information:
    (1) Applicant's full name, mailing address, telephone number(s), 
and,
    (i) If the applicant is an individual, the date of birth, height, 
weight, hair color, eye color, sex, and any business or institutional 
affiliation of the applicant related to the requested permitted 
activity; or
    (ii) If the applicant is a corporation, firm, partnership, 
association, institution, or public or private agency, the name and 
address of the president or principal officer and of the registered 
agent for the service of process;
    (2) Location where the requested permitted activity is to occur or 
be conducted;
    (3) Reference to the part(s) and section(s) of this subchapter B as 
listed in paragraph (b) of this section under which the application is 
made for a permit or permits, together with any additional 
justification, including supporting documentation as required by the 
referenced part(s) and section(s);
    (4) If the requested permitted activity involves the import or re-
export of wildlife or plants from or to any foreign country, and the 
country of origin, or the country of export or re-export restricts the 
taking, possession, transportation, exportation, or sale of

[[Page 46]]

wildlife or plants, documentation as indicated in Sec. 14.52(c) of this 
subchapter B;
    (5) Certification in the following language:

    I hereby certify that I have read and am familiar with the 
regulations contained in title 50, part 13, of the Code of Federal 
Regulations and the other applicable parts in subchapter B of chapter I 
of title 50, Code of Federal Regulations, and I further certify that the 
information submitted in this application for a permit is complete and 
accurate to the best of my knowledge and belief. I understand that any 
false statement herein may subject me to suspension or revocation of 
this permit and to the criminal penalties of 18 U.S.C. 1001.

    (6) Desired effective date of permit except where issuance date is 
fixed by the part under which the permit is issued;
    (7) Date;
    (8) Signature of the applicant; and
    (9) Such other information as the Director determines relevant to 
the processing of the application, including, but not limited to, 
information on the environmental effects of the activity consistent with 
40 CFR 1506.5 and Departmental procedures at 516 DM 6, Appendix 1.3A.
    (b) Additional information required on permit applications. As 
stated in paragraph (a)(3) of this section certain additional 
information is required on all applications. These additional 
requirements may be found by referring to the section of this subchapter 
B cited after the type of permit for which application is being made:

------------------------------------------------------------------------
                       Type of permit                           Section
------------------------------------------------------------------------
Importation at nondesignated ports:
  Scientific................................................       14.31
  Deterioration prevention..................................       14.32
  Economic hardship.........................................       14.33
Marking of package or container:
  Symbol marking............................................       14.83
  Import/export license.....................................       14.93
Feather import quota: Importation or entry..................       15.21
Injurious wildlife: Importation or shipment.................       16.22
Endangered wildlife and plant permits:
  Similarity of appearance..................................       17.52
  Scientific, enhancement of propagation or survival,              17.22
   incidental taking for wildlife...........................
  Scientific, propagation, or survival for plants...........       17.62
  Economic hardship for wildlife............................       17.23
  Economic hardship for plants..............................       17.63
Threatened wildlife and plant permits:
  Similarity of appearance..................................       17.52
  General for wildlife......................................       17.32
  American alligator-buyer or tanner........................    17.42(a)
  General for plants........................................       17.72
Marine mammals permits:
  Scientific research.......................................       18.31
  Public display............................................       18.31
Migratory bird permits:
  Banding or marking........................................       21.22
  Scientific collecting.....................................       21.23
  Taxidermist...............................................       21.24
  Waterfowl sale and disposal...............................       21.25
  Special aviculturist......................................       21.26
  Special purpose...........................................       21.27
  Falconry..................................................       21.28
  Raptor propagation permit.................................       21.30
  Depredation control.......................................       21.41
Eagle permits:
  Scientific or exhibition..................................       22.21
  Indian religious use......................................       22.22
  Depredation control.......................................       22.23
  Falconry purposes.........................................       22.24
  Take of golden eagle nests................................       22.25
Endangered Species Convention permits.......................       23.15
------------------------------------------------------------------------


[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 10465, Feb. 22, 1977; 42 
FR 32377, June 24, 1977; 44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct. 
12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154, Nov. 25, 1980; 46 FR 
42680, Aug. 24, 1981; 48 FR 31607, July 8, 1983; 48 FR 57300, Dec. 29, 
1983; 50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. 31, 1985; 54 FR 
38147, Sept. 14, 1989; 70 FR 18319, Apr. 11, 2005]



                     Subpart C_Permit Administration



Sec. 13.21  Issuance of permits.

    (a) No permit may be issued prior to the receipt of a written 
application therefor, unless a written variation from the requirements, 
as authorized by Sec. 13.4, is inserted into the official file of the 
Bureau. An oral or written representation of an employee or agent of the 
United States Government, or an action of such employee or agent, shall 
not be construed as a permit unless it meets the requirements of a 
permit as defined in 50 CFR 10.12.
    (b) Upon receipt of a properly executed application for a permit, 
the Director shall issue the appropriate permit unless:
    (1) The applicant has been assessed a civil penalty or convicted of 
any criminal provision of any statute or regulation relating to the 
activity for which the application is filed, if such assessment or 
conviction evidences a lack of responsibility.
    (2) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his application;

[[Page 47]]

    (3) The applicant has failed to demonstrate a valid justification 
for the permit and a showing of responsibility;
    (4) The authorization requested potentially threatens a wildlife or 
plant population, or
    (5) The Director finds through further inquiry or investigation, or 
otherwise, that the applicant is not qualified.
    (c) Disqualifying factors. Any one of the following will disqualify 
a person from receiving permits issued under this part.
    (1) A conviction, or entry of a plea of guilty or nolo contendere, 
for a felony violation of the Lacey Act, the Migratory Bird Treaty Act, 
or the Bald and Golden Eagle Protection Act disqualifies any such person 
from receiving or exercising the privileges of a permit, unless such 
disqualification has been expressly waived by the Director in response 
to a written petition.
    (2) The revocation of a permit for reasons found in Sec. 13.28 
(a)(1) or (a)(2) disqualifies any such person from receiving or 
exercising the privileges of a similar permit for a period of five years 
from the date of the final agency decision on such revocation.
    (3) The failure to pay any required fees or assessed costs and 
penalties, whether or not reduced to judgement disqualifies such person 
from receiving or exercising the privileges of a permit as long as such 
moneys are owed to the United States. This requirement shall not apply 
to any civil penalty presently subject to administrative or judicial 
appeal; provided that the pendency of a collection action brought by the 
United States or its assignees shall not constitute an appeal within the 
meaning of this subsection.
    (4) The failure to submit timely, accurate, or valid reports as 
required may disqualify such person from receiving or exercising the 
privileges of a permit as long as the deficiency exists.
    (d) Use of supplemental information. The issuing officer, in making 
a determination under this subsection, may use any information available 
that is relevant to the issue. This may include any prior conviction, or 
entry of a plea of guilty or nolo contendere, or assessment of civil or 
criminal penalty for a violation of any Federal or State law or 
regulation governing the permitted activity. It may also include any 
prior permit revocations or suspensions, or any reports of State or 
local officials. The issuing officer shall consider all relevant facts 
or information available, and may make independent inquiry or 
investigation to verify information or substantiate qualifications 
asserted by the applicant.
    (e) Conditions of issuance and acceptance. (1) Conditions of 
issuance and acceptance. Any permit automatically incorporates within 
its terms the conditions and requirements of subpart D of this part and 
of any part(s) or section(s) specifically authorizing or governing the 
activity for which the permit is issued, as well as any other conditions 
deemed appropriate and included on the face of the permit at the 
discretion of the Director.
    (2) Any person accepting and holding a permit under this subchapter 
B acknowledges the necessity for close regulation and monitoring of the 
permitted activity by the Government. By accepting such permit, the 
permittee consents to and shall allow entry by agents or employees of 
the Service upon premises where the permitted activity is conducted at 
any reasonable hour. Service agents or employees may enter such premises 
to inspect the location; any books, records, or permits required to be 
kept by this subchapter B; and any wildlife or plants kept under 
authority of the permit.
    (f) Term of permit. Unless otherwise modified, a permit is valid 
during the period specified on the face of the permit. Such period shall 
include the effective date and the date of expiration.
    (g) Denial. The issuing officer may deny a permit to any applicant 
who fails to meet the issuance criteria set forth in this section or in 
the part(s) or section(s) specifically governing the activity for which 
the permit is requested.

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 47 
FR 30785, July 15, 1982; 54 FR 38148, Sept. 14, 1989; 70 FR 18319, Apr. 
11, 2005]



Sec. 13.22  Renewal of permits.

    (a) Application for renewal. Applicants for renewal of a permit must 
submit a written application at least 30 days

[[Page 48]]

prior to the expiration date of the permit. Applicants must certify in 
the form required by Sec. 13.12(a)(5) that all statements and 
information in the original application remain current and correct, 
unless previously changed or corrected. If such information is no longer 
current or correct, the applicant must provide corrected information.
    (b) Renewal criteria. The Service shall issue a renewal of a permit 
if the applicant meets the criteria for issuance in Sec. 13.21(b) and 
is not disqualified under Sec. 13.21(c).
    (c) Continuation of permitted activity. Any person holding a valid, 
renewable permit, who has complied with this section, may continue the 
activities authorized by the expired permit until the Service has acted 
on such person's application for renewal.
    (d) Denial. The issuing officer may deny renewal of a permit to any 
applicant who fails to meet the issuance criteria set forth in Sec. 
13.21 of this part, or in the part(s) or section(s) specifically 
governing the activity for which the renewal is requested.

[54 FR 38148, Sept. 14, 1989]



Sec. 13.23  Amendment of permits.

    (a) Permittee's request. Where circumstances have changed so that a 
permittee desires to have any condition of his permit modified, such 
permittee must submit a full written justification and supporting 
information in conformity with this part and the part under which the 
permit was issued.
    (b) The Service reserves the right to amend any permit for just 
cause at any time during its term, upon written finding of necessity, 
provided that any such amendment of a permit issued under Sec. 17.22(b) 
through (d) or Sec. 17.32(b) through (d) of this subchapter shall be 
consistent with the requirements of Sec. 17.22(b)(5), (c)(5) and (d)(5) 
or Sec. 17.32(b)(5), (c)(5) and (d)(5) of this subchapter, 
respectively.
    (c) Change of name or address. A permittee is not required to obtain 
a new permit if there is a change in the legal individual or business 
name, or in the mailing address of the permittee. A permittee is 
required to notify the issuing office within 10 calendar days of such 
change. This provision does not authorize any change in location of the 
conduct of the permitted activity when approval of the location is a 
qualifying condition of the permit.

[54 FR 38148, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]



Sec. 13.24  Right of succession by certain persons.

    (a) Certain persons other than the permittee are authorized to carry 
on a permitted activity for the remainder of the term of a current 
permit, provided they comply with the provisions of paragraph (b) of 
this section. Such persons are the following:
    (1) The surviving spouse, child, executor, administrator, or other 
legal representative of a deceased permittee; or
    (2) A receiver or trustee in bankruptcy or a court designated 
assignee for the benefit of creditors.
    (b) In order to qualify for the authorization provided in this 
section, the person or persons desiring to continue the activity shall 
furnish the permit to the issuing officer for endorsement within 90 days 
from the date the successor begins to carry on the activity.
    (c) In the case of permits issued under Sec. 17.22(b) through (d) 
or Sec. 17.32(b) through (d) of this subchapter B, the successor's 
authorization under the permit is also subject to a determination by the 
Service that:
    (1) The successor meets all of the qualifications under this part 
for holding a permit;
    (2) The successor has provided adequate written assurances that it 
will provide sufficient funding for the conservation plan or Agreement 
and will implement the relevant terms and conditions of the permit, 
including any outstanding minimization and mitigation requirements; and
    (3) The successor has provided such other information as the Service 
determines is relevant to the processing of the request.

[64 FR 32711, June 17, 1999]



Sec. 13.25  Transfer of permits and scope of permit authorization.

    (a) Except as otherwise provided for in this section, permits issued 
under this part are not transferable or assignable.

[[Page 49]]

    (b) Permits issued under Sec. 17.22(b) or Sec. 17.32(b) of this 
subchapter B may be transferred in whole or in part through a joint 
submission by the permittee and the proposed transferee or in the case 
of a deceased permittee, the deceased permittee's legal representative 
and the proposed transferee, provided the Service determines that:
    (1) The proposed transferee meets all of the qualifications under 
this part for holding a permit;
    (2) The proposed transferee has provided adequate written assurances 
that it will provide sufficient funding for the conservation plan or 
Agreement and will implement the relevant terms and conditions of the 
permit, including any outstanding minimization and mitigation 
requirements; and
    (3) The proposed transferee has provided such other information as 
the Service determines is relevant to the processing of the submission.
    (c) In the case of the transfer of lands subject to an agreement and 
permit issued under Sec. 17.22(c) or (d) or Sec. 17.32 (c) or (d) of 
this subchapter B, the Service will transfer the permit to the new owner 
if the new owner agrees in writing to become a party to the original 
agreement and permit.
    (d) Except as otherwise stated on the face of the permit, any person 
who is under the direct control of the permittee, or who is employed by 
or under contract to the permittee for purposes authorized by the 
permit, may carry out the activity authorized by the permit.
    (e) In the case of permits issued under Sec. 17.22(b)-(d) or Sec. 
17.32(b)-(d) of this subchapter to a State or local governmental entity, 
a person is under the direct control of the permittee where:
    (1) The person is under the jurisdiction of the permittee and the 
permit provides that such person(s) may carry out the authorized 
activity; or
    (2) The person has been issued a permit by the governmental entity 
or has executed a written instrument with the governmental entity, 
pursuant to the terms of the implementing agreement.

[64 FR 32711, June 17, 1999, as amended at 64 FR 52676, Sept. 30, 1999; 
69 FR 24092, May 3, 2004]



Sec. 13.26  Discontinuance of permit activity.

    When a permittee, or any successor to a permittee as provided for by 
Sec. 13.24, discontinues activities authorized by a permit, the 
permittee shall within 30 calendar days of the discontinuance return the 
permit to the issuing office together with a written statement 
surrendering the permit for cancellation. The permit shall be deemed 
void and cancelled upon its receipt by the issuing office. No refund of 
any fees paid for issuance of the permit or for any other fees or costs 
associated with a permitted activity shall be made when a permit is 
surrendered for cancellation for any reason prior to the expiration date 
stated on the face of the permit.

[54 FR 38149, Sept. 14, 1989]



Sec. 13.27  Permit suspension.

    (a) Criteria for suspension. The privileges of exercising some or 
all of the permit authority may be suspended at any time if the 
permittee is not in compliance with the conditions of the permit, or 
with any applicable laws or regulations governing the conduct of the 
permitted activity. The issuing officer may also suspend all or part of 
the privileges authorized by a permit if the permittee fails to pay any 
fees, penalties or costs owed to the Government. Such suspension shall 
remain in effect until the issuing officer determines that the permittee 
has corrected the deficiencies.
    (b) Procedure for suspension. (1) When the issuing officer believes 
there are valid grounds for suspending a permit the permittee shall be 
notified in writing of the proposed suspension by certified or 
registered mail. This notice shall identify the permit to be suspended, 
the reason(s) for such suspension, the actions necessary to correct the 
deficiencies, and inform the permittee of the right to object to the 
proposed suspension. The issuing officer may amend any notice of 
suspension at any time.
    (2) Upon receipt of a notice of proposed suspension the permittee 
may file a written objection to the proposed action. Such objection must 
be in writing, must be filed within 45 calendar

[[Page 50]]

days of the date of the notice of proposal, must state the reasons why 
the permittee objects to the proposed suspension, and may include 
supporting documentation.
    (3) A decision on the suspension shall be made within 45 days after 
the end of the objection period. The issuing officer shall notify the 
permittee in writing of the Service's decision and the reasons 
therefore. The issuing officer shall also provide the applicant with the 
information concerning the right to request reconsideration of the 
decision under Sec. 13.29 of this part and the procedures for 
requesting reconsideration.

[54 FR 38149, Sept. 14, 1989]



Sec. 13.28  Permit revocation.

    (a) Criteria for revocation. A permit may be revoked for any of the 
following reasons:
    (1) The permittee willfully violates any Federal or State statute or 
regulation, or any Indian tribal law or regulation, or any law or 
regulation of any foreign country, which involves a violation of the 
conditions of the permit or of the laws or regulations governing the 
permitted activity; or
    (2) The permittee fails within 60 days to correct deficiencies that 
were the cause of a permit suspension; or
    (3) The permittee becomes disqualified under Sec. 13.21(c) of this 
part; or
    (4) A change occurs in the statute or regulation authorizing the 
permit that prohibits the continuation of a permit issued by the 
Service; or
    (5) Except for permits issued under Sec. 17.22(b) through (d) or 
Sec. 17.32(b) through (d) of this subchapter, the population(s) of the 
wildlife or plant that is the subject of the permit declines to the 
extent that continuation of the permitted activity would be detrimental 
to maintenance or recovery of the affected population.
    (b) Procedure for revocation. (1) When the issuing officer believes 
there are valid grounds for revoking a permit, the permittee shall be 
notified in writing of the proposed revocation by certified or 
registered mail. This notice shall identify the permit to be revoked, 
the reason(s) for such revocation, the proposed disposition of the 
wildlife, if any, and inform the permittee of the right to object to the 
proposed revocation. The issuing officer may amend any notice of 
revocation at any time.
    (2) Upon receipt of a notice of proposed revocation the permittee 
may file a written objection to the proposed action. Such objection must 
be in writing, must be filed within 45 calendar days of the date of the 
notice of proposal, must state the reasons why the permittee objects to 
the proposed revocation, and may include supporting documentation.
    (3) A decision on the revocation shall be made within 45 days after 
the end of the objection period. The issuing officer shall notify the 
permittee in writing of the Service's decision and the reasons 
therefore, together with the information concerning the right to request 
and the procedures for requesting reconsideration.
    (4) Unless a permittee files a timely request for reconsideration, 
any wildlife held under authority of a permit that is revoked must be 
disposed of in accordance with instructions of the issuing officer. If a 
permittee files a timely request for reconsideration of a proposed 
revocation, such permittee may retain possession of any wildlife held 
under authority of the permit until final disposition of the appeal 
process.

[54 FR 38149, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]



Sec. 13.29  Review procedures.

    (a) Request for reconsideration. Any person may request 
reconsideration of an action under this part if that person is one of 
the following:
    (1) An applicant for a permit who has received written notice of 
denial;
    (2) An applicant for renewal who has received written notice that a 
renewal is denied;
    (3) A permittee who has a permit amended, suspended, or revoked, 
except for those actions which are required by changes in statutes or 
regulations, or are emergency changes of limited applicability for which 
an expiration date is set within 90 days of the permit change; or
    (4) A permittee who has a permit issued or renewed but has not been

[[Page 51]]

granted authority by the permit to perform all activities requested in 
the application, except when the activity requested is one for which 
there is no lawful authority to issue a permit.
    (b) Method of requesting reconsideration. Any person requesting 
reconsideration of an action under this part must comply with the 
following criteria:
    (1) Any request for reconsideration must be in writing, signed by 
the person requesting reconsideration or by the legal representative of 
that person, and must be submitted to the issuing officer.
    (2) The request for reconsideration must be received by the issuing 
officer within 45 calendar days of the date of notification of the 
decision for which reconsideration is being requested.
    (3) The request for reconsideration shall state the decision for 
which reconsideration is being requested and shall state the reason(s) 
for the reconsideration, including presenting any new information or 
facts pertinent to the issue(s) raised by the request for 
reconsideration.
    (4) The request for reconsideration shall contain a certification in 
substantially the same form as that provided by Sec. 13.12(a)(5). If a 
request for reconsideration does not contain such certification, but is 
otherwise timely and appropriate, it shall be held and the person 
submitting the request shall be given written notice of the need to 
submit the certification within 15 calendar days. Failure to submit 
certification shall result in the request being rejected as insufficient 
in form and content.
    (c) Inquiry by the Service. The Service may institute a separate 
inquiry into the matter under consideration.
    (d) Determination of grant or denial of a request for 
reconsideration. The issuing officer shall notify the permittee of the 
Service's decision within 45 days of the receipt of the request for 
reconsideration. This notification shall be in writing, shall state the 
reasons for the decision, and shall contain a description of the 
evidence which was relied upon by the issuing officer. The notification 
shall also provide information concerning the right to appeal, the 
official to whom an appeal may be addressed, and the procedures for 
making an appeal.
    (e) Appeal. A person who has received an adverse decision following 
submission of a request for reconsideration may submit a written appeal 
to the Regional Director for the region in which the issuing office is 
located, or to the Director for offices which report directly to the 
Director. An appeal must be submitted within 45 days of the date of the 
notification of the decision on the request for reconsideration. The 
appeal shall state the reason(s) and issue(s) upon which the appeal is 
based and may contain any additional evidence or arguments to support 
the appeal.
    (f) Decision on appeal. (1) Before a decision is made concerning the 
appeal the appellant may present oral arguments before the Regional 
Director or the Director, as appropriate, if such official judges oral 
arguments are necessary to clarify issues raised in the written record.
    (2) The Service shall notify the appellant in writing of its 
decision within 45 calendar days of receipt of the appeal, unless 
extended for good cause and the appellant notified of the extension.
    (3) The decision of the Regional Director or the Director shall 
constitute the final administrative decision of the Department of the 
Interior.

[54 FR 38149, Sept. 14, 1989]



                          Subpart D_Conditions



Sec. 13.41  Humane conditions.

    Any live wildlife possessed under a permit must be maintained under 
humane and healthful conditions.

[54 FR 38150, Sept. 14, 1989]



Sec. 13.42  Permits are specific.

    The authorizations on the face of a permit that set forth specific 
times, dates, places, methods of taking or carrying out the permitted 
activities, numbers and kinds of wildlife or plants, location of 
activity, and associated activities that must be carried out; describe 
certain circumscribed transactions; or otherwise allow a specifically 
limited matter, are to be strictly interpreted and will not be 
interpreted to permit similar or related

[[Page 52]]

matters outside the scope of strict construction.

[70 FR 18320, Apr. 11, 2005]



Sec. 13.43  Alteration of permits.

    Permits shall not be altered, erased, or mutilated, and any permit 
which has been altered, erased, or mutilated shall immediately become 
invalid. Unless specifically permitted on the face thereof, no permit 
shall be copied, nor shall any copy of a permit issued pursuant to this 
subchapter B be displayed, offered for inspection, or otherwise used for 
any official purpose for which the permit was issued.



Sec. 13.44  Display of permit.

    Any permit issued under this part shall be displayed for inspection 
upon request to the Director or his agent, or to any other person 
relying upon its existence.



Sec. 13.45  Filing of reports.

    Permittees may be required to file reports of the activities 
conducted under the permit. Any such reports shall be filed not later 
than March 31 for the preceding calendar year ending December 31, or any 
portion thereof, during which a permit was in force, unless the 
regulations of this subchapter B or the provisions of the permit set 
forth other reporting requirements.



Sec. 13.46  Maintenance of records.

    From the date of issuance of the permit, the permittee shall 
maintain complete and accurate records of any taking, possession, 
transportation, sale, purchase, barter, exportation, or importation of 
plants obtained from the wild (excluding seeds) or wildlife pursuant to 
such permit. Such records shall be kept current and shall include names 
and addresses of persons with whom any plant obtained from the wild 
(excluding seeds) or wildlife has been purchased, sold, bartered, or 
otherwise transferred, and the date of such transaction, and such other 
information as may be required or appropriate. Such records shall be 
legibly written or reproducible in English and shall be maintained for 
five years from the date of expiration of the permit.

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 54 
FR 38150, Sept. 14, 1989]



Sec. 13.47  Inspection requirement.

    Any person holding a permit under this subchapter B shall allow the 
Director's agent to enter his premises at any reasonable hour to inspect 
any wildlife or plant held or to inspect, audit, or copy any permits, 
books, or records required to be kept by regulations of this subchapter 
B.

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977]



Sec. 13.48  Compliance with conditions of permit.

    Any person holding a permit under subchapter B and any person acting 
under authority of such permit must comply with all conditions of the 
permit and with all appllicable laws and regulations governing the 
permitted activity.

[54 FR 38150, Sept. 14, 1989]



Sec. 13.49  Surrender of permit.

    Any person holding a permit under subchapter B shall surrender such 
permit to the issuing officer upon notification that the permit has been 
suspended or revoked by the Service, and all appeal procedures have been 
exhausted.

[54 FR 38150, Sept. 14, 1989]



Sec. 13.50  Acceptance of liability.

    Except as otherwise limited in the case of permits described in 
Sec. 13.25(d), any person holding a permit under this subchapter B 
assumes all liability and responsibility for the conduct of any activity 
conducted under the authority of such permit.

[64 FR 32711, June 17, 1999]



PART 14_IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE--Table 
of Contents




                         Subpart A_Introduction

Sec.
14.1 Purpose of regulations.
14.2 Scope of regulations.

[[Page 53]]

14.3 Information collection requirements.
14.4 What terms do I have to understand?

        Subpart B_Importation and Exportation at Designated Ports

14.11 General restrictions.
14.12 Designated ports.
14.13 Emergency diversion.
14.14 In-transit shipments.
14.15 Personal baggage and household effects.
14.16 Border ports.
14.17 Personally owned pet birds.
14.18 Marine mammals.
14.19 Special ports.
14.20 Exceptions by permit.
14.21 Shellfish and fishery products.
14.22 Certain antique articles.
14.23 Live farm-raised fish and farm-raised fish eggs.
14.24 Scientific specimens.

               Subpart C_Designated Port Exception Permits

14.31 Permits to import or export wildlife at nondesignated port for 
          scientific purposes.
14.32 Permits to import or export wildlife at nondesignated port to 
          minimize deterioration or loss.
14.33 Permits to import or export wildlife at nondesignated port to 
          alleviate undue economic hardship.

Subpart D [Reserved]

             Subpart E_Inspection and Clearance of Wildlife

14.51 Inspection of wildlife.
14.52 Clearance of imported wildlife.
14.53 Detention and refusal of clearance.
14.54 Unavailability of Service officers.
14.55 Exceptions to clearance requirements.

                     Subpart F_Wildlife Declarations

14.61 Import declaration requirements.
14.62 Exceptions to import declaration requirements.
14.63 Export declaration requirements.
14.64 Exceptions to export declaration requirements.

Subpart G [Reserved]

               Subpart H_Marking of Containers or Packages

14.81 Marking requirement.
14.82 Alternatives and exceptions to the marking requirement.

                    Subpart I_Import/Export Licenses

14.91 License requirement.
14.92 Exceptions to license requirement.
14.93 License application procedure, conditions, and duration.
14.94 What fees apply to me?

   Subpart J_Standards for the Humane and Healthful Transport of Wild 
                 Mammals and Birds to the United States

14.101 Purposes.
14.102 Definitions.
14.103 Prohibitions.
14.104 Translations.
14.105 Consignment to carrier.
14.106 Primary enclosures.
14.107 Conveyance.
14.108 Food and water.
14.109 Care in transit.
14.110 Terminal facilities.
14.111 Handling.
14.112 Other applicable provisions.

                  Specifications for Nonhuman Primates

14.121 Primary enclosures.
14.122 Food and water.
14.123 Care in transit.

  Specifications for Marine Mammals (Cetaceans, Sirenians, Sea Otters, 
                       Pinnipeds, and Polar Bears)

14.131 Primary enclosures.
14.132 Food and water.
14.133 Care in transit.

               Specifications for Elephants and Ungulates

14.141 Consignment to carrier.
14.142 Primary enclosures.

   Specifications for Sloths, Bats, and Flying Lemurs (Cynocephalidae)

14.151 Primary enclosures.

              Specifications for Other Terrestrial Mammals

14.161 Primary enclosures.

                        Specifications for Birds

14.171 Consignment to carrier.
14.172 Primary enclosures.

    Authority: 16 U.S.C. 668, 704, 712, 1382, 1538(d)-(f), 1540(f), 
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 9701.

    Source: 45 FR 56673, Aug. 25, 1980, unless otherwise noted.



                         Subpart A_Introduction



Sec. 14.1  Purpose of regulations.

    The regulations contained in this part provide uniform rules and 
procedures for the importation, exportation, and transportation of 
wildlife.

[[Page 54]]



Sec. 14.2  Scope of regulations.

    The provisions in this part are in addition to, and do not supersede 
other regulations of this subchapter B which may require a permit or 
prescribe additional restrictions or conditions for the importation, 
exportation, and transportation of wildlife.



Sec. 14.3  Information collection requirements.

    The Office of Management and Budget approved the information 
collection requirements contained in this part 14 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0092. 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 about wildlife 
imports or exports, including product and parts, and to facilitate 
enforcement of the Endangered Species Act of 1973 as amended (16 U.S.C. 
1531 et seq.) and to carry out the provisions of the convention on 
International Trade in Endangered Species of Wild Fauna and Flora. We 
estimate the public reporting burden for these reporting requirements to 
vary from 10 to 15 minutes per response. 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 (1018-0092), 
Washington, DC 20603.

[63 FR 52634, Oct. 1, 1998]



Sec. 14.4  What terms do I have to understand?

    In addition to definitions contained in part 10 of this subchapter, 
in this part:
    Accompanying personal baggage means all hand-carried items and all 
checked baggage of a person entering into or departing from the United 
States.
    Accredited scientist means any individual associated with, employed 
by, or under contract to and accredited by an accredited scientific 
institution for the purpose of conducting biological or medical 
research, and whose research activities are approved and sponsored by 
the scientific institution granting accreditation.
    Accredited scientific institutions means any public museum, public 
zoological park, accredited institution of higher education, accredited 
member of the American Zoo and Aquarium Association, accredited member 
of the American Association of Systematic Collections, or any State or 
Federal government agency that conducts biological or medical research.
    Commercial means related to the offering for sale or resale, 
purchase, trade, barter, or the actual or intended transfer in the 
pursuit of gain or profit, of any item of wildlife and includes the use 
of any wildlife article as an exhibit for the purpose of soliciting 
sales, without regard to quantity or weight. There is a presumption that 
eight or more similar unused items are for commercial use. The Service 
or the importer/exporter/owner may rebut this presumption based upon the 
particular facts and circumstances of each case.
    Domesticated animals includes, but is not limited to, the following 
domesticated animals that are exempted from the requirements of this 
subchapter B (except for species obtained from wild populations).
    Mammals: Alpaca--Lama alpaca; Camel--Camelus dromedarius; Camel 
(Boghdi)--Camelus bactrianus; Cat (domestic)--Felis domesticus; Cattle--
Bos taurus; Dog (domestic)--Canis familiaris; European rabbit--
Ortyctolagus cuniculus; Ferret (domestic)--Mustela putorius; Goat--Capra 
hircus; Horse--Equus caballus; Llama--Lama glama; Pig--Sus scrofa; 
Sheep--Ovis aries; Water buffalo--Bubalus bubalus; White lab mice--Mus 
musculus; White lab rate--Rattus norvegicus.
    Fish (For export purposes only): Carp (koi)--Cyprinus carpio; 
Goldfish--Carassius auratus.
    Birds: Chicken--Gallus domesticus; Ducks & geese--domesticated 
varieties; Guinea fowl--Numida meleagris; Peafowl--Pavo cristatus; 
Pigeons (domesticated)--Columba livia domestrica; Turkey--Meleagris 
gallopavo; Domesticated or Barnyard Mallards include: Pekin; Aylesbury; 
Bouen; Cayuga; Gray Call; White Call; East Indian;

[[Page 55]]

Crested; Swedish; Buff Orpington; Indian Runner; Campbell; Duclair; 
Merchtem; Termonde; Magpie; Chinese; Khaki Campbell.
    Insects: Crickets, mealworms, honeybees (not to include Africanized 
varieties), and similar insects that are routinely farm raised.
    Other Invertebrates: Earthworms and similar invertebrates that are 
routinely farm raised.
    Export means to depart from, to send from, to ship from, or to carry 
out of, or attempt to depart from, to send from, to ship from, or to 
carry out of, or to consign to a carrier in any place subject to the 
jurisdiction of the United States with an intended destination of any 
place not subject to the jurisdiction of the United States, whether or 
not such departure, sending, or carrying, or shipping constitutes an 
exportation within the meaning of the Custom laws of the United States. 
When a passenger leaving the jurisdiction of the United States enters 
the designated international area of embarkation of an airport, all 
accompanying personal hand-carried items and checked baggage will be 
regarded as exports.
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into any place subject to the 
jurisdiction of the United States, whether or not such landing, 
bringing, or introduction constitutes an importation within the meaning 
of the tariff laws of the United States.
    We means Fish and Wildlife Service or Service.
    You means licensee, or importer/exporter of record.

[61 FR 31868, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]



        Subpart B_Importation and Exportation at Designated Ports



Sec. 14.11  General restrictions.

    Except as otherwise provided in this part, no person may import or 
export any wildlife at any place other than a Customs port of entry 
designated in Sec. 14.12.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980]



Sec. 14.12  Designated ports.

    The following ports of entry are designated for the importation and 
exportation of wildlife and wildlife products and are referred to 
hereafter as ``designated ports'':
    (a) Anchorage, Alaska.
    (b) Atlanta, Georgia.
    (c) Baltimore, Maryland.
    (d) Boston, Massachusetts.
    (e) Chicago, Illinois.
    (f) Dallas/Fort Worth, Texas.
    (g) Honolulu, Hawaii.
    (h) Houston, Texas.
    (i) Los Angeles, California.
    (j) Louisville, Kentucky.
    (k) Memphis, Tennessee.
    (l) Miami, Florida.
    (m) New Orleans, Louisiana.
    (n) New York, New York.
    (o) Portland, Oregon.
    (p) San Francisco, California.
    (q) Seattle, Washington.

[69 FR 70382, Dec. 6, 2004]



Sec. 14.13  Emergency diversion.

    Wildlife which has been imported into the United States at any port 
or place other than a designated port solely as a result of a diversion 
due to an aircraft or vessel emergency must proceed as an in-transit 
shipment under Customs bond to a designated port, or to any port where a 
permit or other provision of this part provides for lawful importation.



Sec. 14.14  In-transit shipments.

    (a) Wildlife destined for a point within the United States may be 
imported into the United States at any port if such wildlife proceeds as 
an in-transit shipment under Customs bond to a designated port, or to 
any port where a permit or other provision of this part provides for 
lawful importation.
    (b) Wildlife moving in-transit through the United States from one 
foreign country to another foreign country is exempt from the designated 
port requirements of this part, if such wildlife is not unloaded within 
the United States.



Sec. 14.15  Personal baggage and household effects.

    (a) Any person may import into or export from the United States at 
any

[[Page 56]]

Customs port wildlife products or manufactured articles that are not 
intended for commercial use and are used as clothing or contained in 
accompanying personal baggage. However, this exception to the designated 
port requirement does not apply to any raw or dressed fur; raw, salted, 
or crusted hide or skin; game trophy; or to wildlife requiring a permit 
pursuant to part 16, 17, 18, 21, or 23 of this subchapter B.
    (b) Wildlife products or manufactured articles, including mounted 
game trophies or tanned hides, which are not intended for sale and are 
part of a shipment of the household effects of persons moving their 
residence to or from the United States may be imported or exported at 
any Customs port of entry. However, this exception to the designated 
port requirement does not apply to any raw fur; raw, salted, or crusted 
hide or skin; or to wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B.

[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31868, June 21, 1996]



Sec. 14.16  Border ports.

    (a) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, wildlife whose country of origin is 
Canada or the United States may be imported or exported at any of the 
following Customs ports of entry:
    (1) Alaska--Alcan;
    (2) Idaho--Eastport;
    (3) Maine--Calais, Houlton, Jackman;
    (4) Massachusetts--Boston;
    (5) Michigan--Detroit, Port Huron, Sault Sainte Marie;
    (6) Minnesota--Grand Portage, International Falls, Minneapolis-St. 
Paul;
    (7) Montana--Raymond, Sweetgrass;
    (8) New York--Buffalo-Niagara Falls, Champlain;
    (9) North Dakota--Dunseith, Pembina, Portal;
    (10) Ohio--Cleveland;
    (11) Vermont--Derby Line, Highgate Springs; and
    (12) Washington--Blaine, Sumas.
    (b) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, wildlife whose country of origin is 
Mexico or the United States may be imported or exported at any of the 
following Customs ports of entry:
    (1) Arizona--Lukeville, Nogales;
    (2) California--Calexico, San Diego-San Ysidro; and
    (3) Texas--Brownsville, El Paso, Laredo.
    (c) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, or 21 of this subchapter B, wildlife lawfully taken by U.S. 
residents in the United States, Canada, or Mexico and imported or 
exported for noncommercial purposes, may be imported or exported at any 
Customs port of entry.



Sec. 14.17  Personally owned pet birds.

    Any person may import a personally owned pet bird at any port 
designated under, and in accordance with, 9 CFR part 92.



Sec. 14.18  Marine mammals.

    Any person subject to the jurisdiction of the United States who has 
lawfully taken a marine mammal on the high seas and who is authorized to 
import such marine mammal in accordance with the Marine Mammal 
Protection Act of 1972 and implementing regulations (50 CFR parts 18 and 
216) may import such marine mammal at any port or place.



Sec. 14.19  Special ports.

    (a) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, wildlife which is imported for final 
destination in Alaska, Puerto Rico, or the Virgin Islands, may be 
imported through those Customs ports of entry named hereafter for the 
respective State or Territory of final destination:
    (1) Alaska--Alcan, Anchorage, Fairbanks, Juneau;
    (2) Puerto Rico--San Juan; and
    (3) Virgin Islands--San Juan, Puerto Rico.
    (b) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, wildlife which originates in Alaska, 
Puerto Rico, or the Virgin Islands, may be exported through the 
following Customs ports for the respective State or Territory:
    (1) Alaska--Alcan, Anchorage, Fairbanks, Juneau;
    (2) Puerto Rico--San Juan; and

[[Page 57]]

    (3) Virgin Islands--San Juan, Puerto Rico.
    (c) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, wildlife which has a final 
destination of Guam or which originates in Guam may be imported or 
exported, as appropriate, through the port of Agana, Guam.



Sec. 14.20  Exceptions by permit.

    Wildlife may be imported into or exported from the United States at 
any Customs port of entry designated in the terms of a valid permit 
issued pursuant to subpart C of this part.



Sec. 14.21  Shellfish and fishery products.

    (a)(1) General. Except for wildlife requiring a permit pursuant to 
part 17 or 23 of this subchapter, shellfish and fishery products 
imported or exported for purposes of human or animal consumption or 
taken in waters under the jurisdiction of the United States or on the 
high seas for recreational purposes may enter or exit at any Customs 
port.
    (2) Except for wildlife requiring a permit pursuant to part 17 or 
part 23 of this subchapter, live aquatic invertebrates of the Class 
Pelecypoda (commonly known as oysters, clams, mussels, and scallops) and 
the eggs, larvae, or juvenile forms thereof may be exported for purposes 
of propagation, or research related to propagation, at any Customs port.
    (b) Pearls. Except for wildlife requiring a permit pursuant to part 
17 or 23 of this subchapter, pearls imported or exported for commercial 
purposes may enter or exit the United States at any Customs port of 
entry. For the purposes of this part, all references to the term 
shellfish and fishery products will include pearls.

[61 FR 31868, June 21, 1996]



Sec. 14.22  Certain antique articles.

    Any person may import at any Customs Service port designated for 
such purpose, any article (other than scrimshaw, defined in 16 U.S.C 
1539(f)(1)(B) and 50 CFR 217.12 as any art form that involves the 
etching or engraving of designs upon, or the carving of figures, 
patterns, or designs from, any bone or tooth of any marine mammal of the 
order Cetacea) that is at least 100 years old, is composed in whole or 
in part of any endangered or threatened species listed under Sec. 17.11 
or Sec. 17.12 of this subchapter, and has not been repaired or modified 
with any part of any endangered or threatened species on or after 
December 28, 1973.

[61 FR 31868, June 21, 1996]



Sec. 14.23  Live farm-raised fish and farm-raised fish eggs.

    Live farm-raised fish and farm-raised fish eggs meet the definition 
of ``bred in captivity'' as stated in 50 CFR 17.3. Except for wildlife 
requiring a permit pursuant to parts 17 or 23 of this subchapter, live 
farm-raised fish and farm-raised fish eggs may be exported from any U.S. 
Customs port.

[59 FR 41714, Aug. 15, 1994]



Sec. 14.24  Scientific specimens.

    Except for wildlife requiring a permit pursuant to parts 16, 17, 18, 
21, 22 or 23 of this subchapter, dead, preserved, dried, or embedded 
scientific specimens or parts thereof, imported or exported by 
accredited scientists or accredited scientific institutions for 
taxonomic or systematic research purposes may enter or exit through any 
U.S. Customs port, or may be shipped through the international mail 
system. Provided, that this exception will not apply to any specimens or 
parts thereof taken as a result of sport hunting.

[61 FR 31869, June 21, 1996]



               Subpart C_Designated Port Exception Permits



Sec. 14.31  Permits to import or export wildlife at nondesignated port 
for scientific purposes.

    (a) General. The Director may, upon receipt of an application 
submitted in accordance with the provisions of this section and 
Sec. Sec. 13.11 and 13.12 of this subchapter, and in accordance with 
the issuance criteria of this section, issue a permit authorizing 
importation or exportation of wildlife for scientific purposes at one or 
more named Customs port(s) of entry not otherwise authorized by subpart 
B. Such permits may authorize a single importation or exportation, a 
series of importations or

[[Page 58]]

exportations, or importation or exportation during a specified period of 
time.
    (b) Application procedure. Applications for permits to import or 
export wildlife at a nondesignated port for scientific purposes must be 
submitted to the Director. Each application must contain the general 
information and certification required by Sec. 13.12(a) of this 
subchapter, plus the following additional information:
    (1) The scientific purpose or uses of the wildlife to be imported or 
exported;
    (2) The number and kinds of wildlife described by scientific and 
common names to be imported or exported where such number and kinds can 
be determined;
    (3) The country or place in which the wildlife was removed from the 
wild (if known), or where born in captivity;
    (4) The port(s) of entry where importation or exportation is 
requested, and the reasons why importation or exportation should be 
allowed at the requested port(s) of entry rather than at a designated 
port; and
    (5) A statement as to whether the exception is being requested for a 
single shipment, a series of shipments, or shipments over a specified 
period of time and the date(s) involved.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits to import 
or export wildlife at a nondesignated port issued under this section are 
subject to the following condition: Permittee shall file such reports as 
specified on the permit, if any.
    (d) Issuance criteria. The Director shall consider the following in 
determining whether to issue a permit under this section:
    (1) Benefit to a bona fide scientific research project, other 
scientific purpose, or facilitation of the exchange of preserved museum 
specimens;
    (2) The kind of wildlife involved and its place of origin;
    (3) The reasons why the exception is requested; and
    (4) Availability of a Service officer.
    (e) Duration of permits. Any permit issued under this section 
expires on the date designated on the face of the permit. In no case 
will the permit be valid for more than 2 years from the date of 
issuance.



Sec. 14.32  Permits to import or export wildlife at nondesignated port 
to minimize deterioration or loss.

    (a) General. The Director may, upon receipt of an application 
submitted in accordance with the provisions of this section and 
Sec. Sec. 13.11 and 13.12 of this subchapter, and in accordance with 
the issuance criteria of this section, issue a permit authorizing 
importation or exportation of wildlife, in order to minimize 
deterioration or loss, at one or more named Customs port(s) of entry not 
otherwise authorized by subpart B. Such permits may authorize a single 
importation or exportation, a series of importations or exportations, or 
importation or exportation during a specified period of time.
    (b) Application procedure. Applications for permits to import or 
export wildlife at a nondesignated port to minimize deterioration or 
loss must be submitted to the Director. Each application must contain 
the general information and certification required in Sec. 13.12(a) of 
this subchapter, plus the following additional information:
    (1) The number and kinds of wildlife described by scientific and 
common names to be imported or exported where such number and kinds can 
be determined;
    (2) The country or place in which the wildlife was removed from the 
wild (if known), or where born in captivity;
    (3) The port(s) of entry where importation or exportation is 
requested, and the reasons why importation or exportation should be 
allowed at the requested port(s) of entry rather than at a designated 
port (information must be included to show that an importation or 
exportation at a designated port would result in a substantial 
deterioration or loss of the wildlife); and
    (4) A statement as to whether the exception is being requested for a 
single shipment, a series of shipments, or shipments over a specified 
period of time and the date(s) involved.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits to import 
or export wildlife at a nondesignated port issued under this

[[Page 59]]

section are to be subject to the following conditions:
    (1) Permittee shall file such reports as may be specified on the 
permit, if any; and
    (2) Permittee must pay fees in accordance with Sec. 14.94.
    (d) Issuance criteria. The Director shall consider the following in 
determining whether to issue a permit under this section:
    (1) Likelihood of a substantial deterioration or loss of the 
wildlife involved;
    (2) The kind of wildlife involved and its place of origin; and
    (3) Availability of a Service officer.
    (e) Duration of permits. Any permit issued under this section 
expires on the date designated on the face of the permit. In no case 
will the permit be valid more than 2 years from the date of issuance.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 
FR 31869, June 21, 1996]



Sec. 14.33  Permits to import or export wildlife at nondesignated port 
to alleviate undue economic hardship.

    (a) General. The Director may, upon receipt of an application 
submitted in accordance with the provisions of this section and 
Sec. Sec. 13.11 and 13.12 of this subchapter, and in accordance with 
the issuance criteria of this section, issue a permit authorizing 
importation or exportation of wildlife in order to alleviate undue 
economic hardship at one or more named Customs port(s) of entry not 
otherwise authorized by subpart B. Such permits may authorize a single 
importation or exportation, a series of importations or exportations, or 
importation or exportation during a specified period of time.
    (b) Application procedure. Applications for permits to import or 
export wildlife at a nondesignated port to alleviate undue economic 
hardship must be submitted to the Director. Each application must 
contain the general information and certification required in Sec. 
13.12(a) of this subchapter, plus the following additional information:
    (1) The number and kinds of wildlife described by scientific and 
common names to be imported or exported, where such number and kinds can 
be determined, and a description of the form in which it is to be 
imported, such as ``live,'' ``frozen,'' ``raw hides,'' or a full 
description of any manufactured product;
    (2) The country or place in which the wildlife was removed from the 
wild (if known), or where born in captivity;
    (3) The name and address of the supplier or consignee;
    (4) The port(s) of entry where importation or exportation is 
requested, and the reasons why importation or exportation should be 
allowed at the requested port(s) of entry rather than at a designated 
port (information must be included to show the monetary difference 
between the cost of importation or exportation at the port requested and 
the lowest cost of importation or exportation at the port through which 
importation or exportation is authorized by subpart B without a permit); 
and
    (5) A statement as to whether the exception is being requested for a 
single shipment, a series of shipments, or shipments over a specified 
period of time and the date(s) involved.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits to import 
or export wildlife at a nondesignated port issued under this section are 
subject to the following conditions:
    (1) Permittee shall file such reports as specified on the permit, if 
any; and
    (2) Permittee must pay fees in accordance with Sec. 14.94.
    (d) Issuance criteria. The Director shall consider the following in 
determining whether to issue a permit under this section:
    (1) The difference between the cost of importing or exporting the 
wildlife at the port requested and the lowest cost of importing or 
exporting such wildlife at a port authorized by these regulations 
without a permit;
    (2) The severity of the economic hardship that likely would result 
should the permit not be issued;
    (3) The kind of wildlife involved, including its form and place of 
origin; and
    (4) Availability of a Service officer.
    (e) Duration of permits. Any permit issued under this section 
expires on the

[[Page 60]]

date designated on the face of the permit. In no case will the permit be 
valid for more than 2 years from the date of issuance.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 
FR 31869, June 21, 1996]

Subpart D [Reserved]



             Subpart E_Inspection and Clearance of Wildlife



Sec. 14.51  Inspection of wildlife.

    Subject to applicable limitations of law, Service officers and 
Customs officers may detain for inspection and inspect any package, 
crate, or other container, including its contents, and all accompanying 
documents, upon importation or exportation. The Director may charge 
reasonable fees, including salary, overtime, transportation and per diem 
of Service officers, for wildlife import or export inspections specially 
requested by the importer or exporter at times other than regular work 
hours or locations other than usual for such inspections at the port.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 
FR 52889, Dec. 26, 1985]



Sec. 14.52  Clearance of imported wildlife.

    (a) Except as otherwise provided by this subpart, a Service officer 
must clear all wildlife imported into the United States prior to release 
from detention by Customs officers. A Service officer must clear all 
wildlife to be exported from the United States prior to the physical 
loading of the merchandise on a vehicle or aircraft, or the 
containerization or palletizing of such merchandise for export, unless a 
Service officer expressly authorizes otherwise. Such clearance does not 
constitute a certification of the legality of an importation or 
exportation under the laws or regulations of the United States.
    (b) An importer/exporter or his/her agent may obtain clearance by a 
Service officer only at designated ports (Sec. 14.12), at border ports 
(Sec. 14.16), at special ports (Sec. 14.19), or at a port where 
importation or exportation is authorized by a permit issued under 
subpart C of this part. An importer/exporter must return forthwith any 
wildlife released without a Service officer's clearance or clearance by 
Customs for the Service under authority of Sec. 14.54 to a port where 
clearance may be obtained pursuant to this subpart.
    (c) To obtain clearance, the importer, exporter, or the importer's 
or exporter's agent will make available to a Service officer or a 
Customs officer acting under Sec. 14.54:
    (1) All shipping documents (including bills of lading, waybills and 
packing lists or invoices);
    (2) All permits, licenses or other documents required by the laws or 
regulations of the United States;
    (3) All permits or other documents required by the laws or 
regulations of any foreign country;
    (4) The wildlife being imported or exported; and
    (5) Any documents and permits required by the country of export or 
re-export for the wildlife.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 
FR 52889, Dec. 26, 1985; 61 FR 31869, June 21, 1996]



Sec. 14.53  Detention and refusal of clearance.

    (a) Detention. Any Service officer, or Customs officer acting under 
Sec. 14.54, may detain imported or exported wildlife and any associated 
property. As soon as practicable following the importation or 
exportation and decision to detain, the Service will mail a notice of 
detention by registered or certified mail, return receipt requested, to 
the importer or consignee, or exporter, if known or easily 
ascertainable. Such notice must describe the detained wildlife or other 
property, indicate the reason for the detention, describe the general 
nature of the tests or inquiries to be conducted, and indicate that if 
the releasability of the wildlife has not been determined within 30 days 
after the date of the notice, or a longer period if specifically stated, 
that the Service will deem the wildlife to be seized and will issue no 
further notification of seizure.
    (b) Refusal of clearance. Any Service officer may refuse clearance 
of imported or exported wildlife and any Customs officer acting under 
Sec. 14.54

[[Page 61]]

may refuse clearance of imported wildlife when there are responsible 
grounds to believe that:
    (1) A Federal law or regulation has been violated;
    (2) The correct identity and country of origin of the wildlife has 
not been established (in such cases, the burden is upon the owner, 
importer, exporter, consignor, or consignee to establish such identity 
by scientific name to the species level or, if any subspecies is 
protected by the laws of this country or the country of origin to the 
subspecies level);
    (3) Any permit, license, or other documentation required for 
clearance of such wildlife is not available, is not currently valid, has 
been suspended or revoked, or is not authentic;
    (4) The importer, exporter, or the importer's or exporter's agent 
has filed an incorrect or incomplete declaration for importation or 
exportation as provided in Sec. 14.61 or Sec. 14.63; or
    (5) The importer, exporter, or the importer's or exporter's agent 
has not paid any fee or portion of balance due for inspection fees 
required by Sec. 14.93 or Sec. 14.94, or penalties assessed against 
the importer or exporter under 50 CFR part 11. This paragraph does not 
apply to penalty assessments on appeal in accordance with the provisions 
of part 11.

[61 FR 31869, June 21, 1996]



Sec. 14.54  Unavailability of Service officers.

    (a) Designated ports. All wildlife arriving at a designated port 
must be cleared by a Service officer prior to Customs clearance and 
release. When importers or their agents expect live or perishable 
shipments of wildlife or wildlife products or request inspection at the 
time of arrival, they must notify the Service at least 48 hours prior to 
the estimated time of arrival. However, where a Service officer is not 
available within a reasonable time, Customs Officers may clear live or 
perishable wildlife subject to post-clearance inspection and 
investigation by the Service.
    (b) Border and special ports. Wildlife lawfully imported at Canadian 
or Mexican border ports under Sec. 14.16, or into Alaska, Puerto Rico, 
or the Virgin Islands, under Sec. 14.19, may, if a Service officer is 
not available within a reasonable time, be cleared by Customs officers, 
subject to post-clearance inspection and investigation by the Service.
    (c) Permit imports. Wildlife imported at a nondesignated port in 
accordance with the terms of a valid permit issued under subpart C of 
this part, may, if a Service officer is not available within a 
reasonable time, be cleared by Customs officers, subject to post-
clearance inspection and investigation by the Service.
    (d) Personal baggage and household effects. Wildlife lawfully 
imported at any port of entry under Sec. 14.15, may, if a Service 
officer is not available within a reasonable time, be cleared by Customs 
officers, subject to post-clearance inspection and investigation by the 
Service.
    (e) Personally owned pet birds. Personally owned pet birds lawfully 
imported at a port of entry under Sec. 14.17, may, if a Service officer 
is not available within a reasonable time, be cleared by Customs 
officers, subject to post-clearance inspection and investigation by the 
Service.
    (f) Exports. Exporters or their agents must notify the Service and 
make the shipment available for inspection at least 48 hours prior to 
the estimated time of exportation of any wildlife.

[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996]



Sec. 14.55  Exceptions to clearance requirements.

    Except for wildlife requiring a permit pursuant to part 17 or 23 of 
this subchapter B, clearance is not required for the importation of the 
following wildlife:
    (a) Shellfish and fishery products imported for purposes of human or 
animal consumption or taken in waters under the jurisdiction of the 
United States or on the high seas for recreational purposes;
    (b) Marine mammals lawfully taken on the high seas by United States 
residents and imported directly into the United States; and
    (c) Certain antique articles as specified in Sec. 14.22 which have 
been released from custody by Customs officers under 19 U.S.C. 1499.

[[Page 62]]

    (d) Dead, preserved, dried, or embedded scientific specimens or 
parts thereof, imported or exported by accredited scientists or 
accredited scientific institutions for taxonomic or systematic research 
purposes. Except: That this exception will not apply to any specimens or 
parts thereof taken as a result of sport hunting.

[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996]



                     Subpart F_Wildlife Declarations



Sec. 14.61  Import declaration requirements.

    Except as otherwise provided by the regulations of this subpart, 
importers or their agents must file with the Service a completed 
Declaration for Importation or Exportation of Fish or Wildlife (Form 3-
177), signed by the importer or the importer's agent, upon the 
importation of any wildlife at the place where Service clearance under 
Sec. 14.52 is requested. However, wildlife may be transshipped under 
bond to a different port for release from custody by Customs Service 
officers under 19 U.S.C. 1499. For certain antique articles as specified 
in Sec. 14.22, importers or their agents must file a Form 3-177 with 
the District Director of Customs at the port of entry prior to release 
from Customs custody. Importers or their agents must furnish all 
applicable information requested on the Form 3-177 and the importer, or 
the importer's agent, must certify that the information furnished is 
true and complete to the best of his/her knowledge and belief.

[61 FR 49980, Sept. 24, 1996]



Sec. 14.62  Exceptions to import declaration requirements.

    (a) Except for wildlife requiring a permit pursuant to part 17 or 23 
of this subchapter B, an importer or his/her agent does not have to file 
a Declaration for Importation or Exportation of Fish or Wildlife (Form 
3-177) for importation of shellfish and fishery products imported for 
purposes of human or animal consumption, or taken in waters under the 
jurisdiction of the United States or on the high seas for recreational 
purposes;
    (b) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, a Declaration for Importation or 
Exportation of Fish or Wildlife (Form 3-177) does not have to be filed 
for importation of the following:
    (1) Fish taken for recreational purposes in Canada or Mexico;
    (2) Wildlife products or manufactured articles that are not intended 
for commercial use and are used as clothing or contained in accompanying 
personal baggage, except that an importer or his/her agent must file a 
Form 3-177 for raw or dressed furs; for raw, salted, or crusted hides or 
skins; and for game or game trophies; and
    (3) Wildlife products or manufactured articles that are not intended 
for commercial use and are a part of a shipment of the household effects 
of persons moving their residence to the United States, except that an 
importer or his/her agent must file a declaration for raw or dressed 
furs and for raw, salted, or crusted hides or skins.
    (c) General declarations for certain specimens. Notwithstanding the 
provisions of 14.61 and except for wildlife included in paragraph (d) of 
this section, an importer or his/her agent may describe in general terms 
on a Declaration for the Importation or Exportation of Fish or Wildlife 
(Form 3-177) scientific specimens imported for scientific institutions 
for taxonomic, systematic research, or faunal survey purposes. An 
importer or his/her agent must file an amended Form 3-177 within 180 
days after filing of the general declaration with the Service. The 
declaration must identify specimens to the most accurate taxonomic 
classification reasonably practicable using the best available taxonomic 
information. The Director may grant extensions of the 180-day period.
    (d) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, 22 or 23 of this subchapter, an importer or his/her agent does 
not have to file a Declaration for the Importation or Exportation of 
Fish or Wildlife (Form 3-177) at the time of importation for shipments 
of dead, preserved, dried, or embedded scientific specimens or parts

[[Page 63]]

thereof, imported by accredited scientists or accredited scientific 
institutions for taxonomic or systematic research purposes. An importer 
or his/her agent must file a Form 3-177 within 180 days of importation 
with the appropriate Assistant Regional Director--Law Enforcement in the 
Region where the importation occurs. The declaration must identify the 
specimens to the most accurate taxonomic classification reasonably 
practicable using the best available taxonomic information, and must 
declare the country of origin. Except: That this exception will not 
apply to any specimens or parts thereof taken as a result of sport 
hunting.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 
FR 31870, June 21, 1996]



Sec. 14.63  Export declaration requirements.

    Except as otherwise provided by the regulations of this subpart, a 
completed Declaration for Importation or Exportation of Fish or Wildlife 
(Form 3-177) signed by the exporter, or the exporter's agent, shall be 
filed with the Service prior to the export of any wildlife at the port 
of exportation as authorized in subpart B of this part. All applicable 
information requested on the Form 3-177 shall be furnished, and the 
exporter or the exporter's agent shall certify that the information 
furnished is true and complete to the best of his/her knowledge and 
belief.



Sec. 14.64  Exceptions to export declaration requirements.

    (a) Except for wildlife requiring a permit pursuant to part 17 or 23 
of this subchapter B, an exporter or his/her agent does not have to file 
a Declaration for Importation or Exportation of Fish or Wildlife (Form 
3-177) for the exportation of shellfish and fishery products exported 
for purposes of human or animal consumption or taken in waters under the 
jurisdiction of the United States or on the high seas for recreational 
purposes, and does not have to file for the exportation of live aquatic 
invertebrates of the Class Pelecypoda (commonly known as oysters, 
claims, mussels, and scallops) and the eggs, larvae, or juvenile forms 
thereof exported for purposes of propagation, or research related to 
propagation.
    (b) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, a Declaration for the Importation or 
Exportation of Fish or Wildlife (Form 3-177) does not have to be filed 
for the exportation of the following:
    (1) Wildlife that is not intended for commercial use where the value 
of such wildlife is under $250;
    (2) Wildlife products or manufactured articles, including game 
trophies, that are not intended for commercial use and are used as 
clothing or contained in accompanying personal baggage or are part of a 
shipment of the household effects of persons moving their residence from 
the United States; and
    (3) Shipments of dead, preserved, dried, or embedded scientific 
specimens or parts thereof, exported by accredited scientists or 
accredited scientific institutions for taxonomic or systematic research 
purposes. An exporter or his/her agent must file a Form 3-177 within 180 
days of exportation with the appropriate Assistant Regional Director--
Law Enforcement in the Region where the exportation occurs. The 
declaration must identify the specimens to the most accurate taxonomic 
classification reasonably practicable using the best available taxonomic 
information, and must declare the country of origin. Except: That this 
exception will not apply to any specimens or parts thereof taken as a 
result of sport hunting.
    (c) Except for wildlife requiring a period pursuant to parts 17 or 
23 of this subchapter, a Declaration for the Importation or Exportation 
of Fish or Wildlife (Form 3-177) does not have to be filed for the 
exportation of live farm-raised fish and farm-raised fish eggs as 
defined in Sec. 14.23.

[45 FR 56673, Aug. 25, 1980, as amended at 59 FR 41714, Aug. 15, 1994; 
61 FR 31870, June 21, 1996]

Subpart G [Reserved]



               Subpart H_Marking of Containers or Packages

    Source: 52 FR 45341, Nov. 27, 1987, unless otherwise noted.

[[Page 64]]



Sec. 14.81  Marking requirement.

    Except as otherwise provided in this subpart, no person may import, 
export, or transport in interstate commerce any container or package 
containing any fish or wildlife (including shellfish and fishery 
products) unless he/she marks each container or package conspicuously on 
the outside with both the name and address of the shipper and consignee. 
An accurate and legible list of its contents by species scientific name 
and the number of each species and whether or not the listed species are 
venomous must accompany the entire shipment.

[61 FR 31870, June 21, 1996]



Sec. 14.82  Alternatives and exceptions to the marking requirement.

    (a) The requirements of Sec. 14.81 may be met by complying with one 
of the following alternatives to the marking requirement:
    (1)(i) Conspicuously marking the outside of each container or 
package containing fish or wildlife with the word ``fish'' or 
``wildlife'' as appropriate for its contents, or with the common name of 
its contents by species, and
    (ii) Including an invoice, packing list, bill of lading, or similar 
document to accompany the shipment which accurately states the name and 
address of the shipper and consignee, states the total number of 
packages or containers in the shipment, and for each species in the 
shipment specifies:
    (A) The common name that identifies the species (examples include: 
Chinook (or king) salmon; bluefin tuna; and whitetail deer) and whether 
or not the listed species is venomous; and
    (B) The number of that species (or other appropriate measure of 
quantity such as gross or net weight).

The invoice, packing list, bill of lading, or equivalent document must 
be securely attached to the outside of one container or package in the 
shipment or otherwise physically accompany the shipment in a manner 
which makes it readily accessible for inspection; or
    (2) Affixing the shipper's wildlife import/export license number 
preceded by the three letters ``FWS'' on the outside of each container 
or package containing fish or wildlife, if the shipper has valid 
wildlife import/export license issued under authority of 50 CFR part 14. 
For each shipment marked in accordance with this paragraph, the records 
maintained under Sec. 14.93(c) must include a copy of the invoice, 
packing list, bill of lading, or other similar document that accurately 
states the information required by paragraph (a)(1)(ii) of this section.
    (3) In the case of subcontainers or packages within a larger packing 
container, only the outermost container must be marked in accordance 
with this section. Except, that for live fish or wildlife that are 
packed in subcontainers within a larger packing container, if the 
subcontainers are numbered or labeled, the packing list, invoice, bill 
or lading, or other similar document, must reflect that number or label. 
However, each subcontainer containing a venomous species must be clearly 
marked as venomous.
    (4) A conveyance (truck, plane, boat, etc.) is not considered a 
container for purposes of requiring specific marking of the conveyance 
itself, provided that:
    (i) The fish or wildlife within the conveyance is carried loosely or 
is readily identifiable, and is accompanied by the document required by 
paragraph (a)(1)(ii) of this section, or
    (ii) The fish or wildlife is otherwise packaged and marked in 
accordance with this subpart.
    (b) The requirements of Sec. 14.81 do not apply to containers or 
packages containing--
    (1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, 
and karakul that have been bred and born in captivity, or their 
products, if a signed statement certifying that the animals were bred 
and born in captivity accompanies the shipping documents;
    (2) Fish or shellfish contained in retail consumer packages labeled 
pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; or
    (3) Fish or shellfish that are landed by, and offloaded from, a 
fishing vessel (whether or not the catch has been carried by the fishing 
vessel interstate), as

[[Page 65]]

long as the fish or shellfish remain at the place where first offloaded.

(Approved by the Office of Management and Budget under control number 
1018-0022)

[52 FR 45341, Nov. 27, 1987, as amended at 61 FR 31871, June 21, 1996]



                    Subpart I_Import/Export Licenses



Sec. 14.91  License requirement.

    (a) Prohibition. Except as otherwise provided in this subpart, it is 
unlawful for any person to engage in business as an importer or exporter 
of wildlife without first having obtained a valid import/export license 
from the Director.
    (b) Definition. As used in this subpart, the phrase engage in 
business as an importer or exporter of wildlife means for a person to 
devote time, attention, labor, or effort to any activity for gain or 
profit that involves the importation or exportation of wildlife whether 
or not such person is an importer or exporter within the meaning of the 
customs laws of the United States.
    (c) Certain persons required to be licensed. The definition in 
paragraph (b) of this section includes, but is not limited to, persons 
who import or export wildlife for commercial purposes:
    (1) For trade, sale, or resale, such as animal dealers, animal 
brokers, pet dealers, pet suppliers, and laboratory research suppliers;
    (2) In the form of fur for tanning, manufacture, or sale, such as 
fur trappers, dealers, brokers, and manufacturers;
    (3) In the form of hides and skins for tanning, manufacture, or 
sale, such as hide, skin, and leather dealers, brokers, manufacturers, 
and processors;
    (4) In the form of products (such as garments, bags, shoes, boots, 
jewelry, rugs, or curios) for sale, such as wholesalers, retailers, 
distributors, and brokers;
    (5) As taxidermists in connection with the mounting processing, or 
storage of trophies or specimens;
    (6) As freight forwarders; and
    (7) In the form of food products taken from populations of non-
domesticated animals.

[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31871, June 21, 1996]



Sec. 14.92  Exceptions to license requirement.

    (a) Certain wildlife. Any person may engage in business as an 
importer or exporter of the following wildlife without procuring an 
import/export license:
    (1) Shellfish and fishery products that do not require a permit 
under part 17 or 23 of this subchapter B and that are imported or 
exported for purposes of human or animal consumption;
    (2) Shellfish and fishery products that do not require a permit 
under part 17 or 23 of this subchapter B and that are taken in waters 
under the jurisdiction of the United States or on the high seas for 
recreational purposes;
    (3) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, 
and karakul and their products if the animals have been bred and born in 
captivity;
    (4) Live farm-raised fish and farm-raised eggs of species not 
requiring a permit under part 17 or 23 of this subchapter B that are 
being exported;
    (5) Live aquatic invertebrates of the Class Pelecypoda (commonly 
known as oysters, clams, mussels, and scallops) and the eggs, larvae, or 
juvenile forms thereof exported for purposes of propagation or research 
related to propagation; and
    (6) Pearls imported or exported for commercial purposes.
    (b) Certain persons. The following persons may engage in business as 
importers or exporters of wildlife without procuring an import/export 
license: Provided, That such persons keep such records as will fully and 
correctly disclose each importation or exportation of wildlife made by 
them and the subsequent disposition made by them with respect to the 
wildlife, and that subject to applicable limitations of law, duly 
authorized Service officers at all reasonable times shall, upon notice, 
be afforded access to such persons' places of business, an opportunity 
to examine their inventory of imported wildlife and the records required 
above, and an opportunity to copy such records:
    (1) Common carriers when engaged as transporters and not as 
importers or exporters of record;
    (2) Custom house brokers when engaged as agents and not as importers 
or exporters of record;

[[Page 66]]

    (3) Public museums, or other public, scientific or educational 
institutions, importing or exporting wildlife for research or 
educational purposes and not for resale;
    (4) Federal, State, or municipal agencies; and
    (5) Circuses importing or exporting wildlife for exhibition purposes 
only and not for purchase, sale, barter, or transfer of such wildlife.

[45 FR 56673, Aug. 25, 1980, as amended at 45 FR 86497, Dec. 31, 1980; 
50 FR 52890, Dec. 26, 1985; 61 FR 31871, June 21, 1996]



Sec. 14.93  License application procedure, conditions, and duration.

    (a) General. The Director may, upon receipt of an application 
submitted in accordance with the provisions of this section and 
Sec. Sec. 13.11 and 13.12 of this subchapter, issue a license 
authorizing the applicant to engage in business as an importer or 
exporter of wildlife.
    (b) Application procedure. Applications for import/export licenses 
must be submitted to the appropriate Special Agent in Charge (see Sec. 
10.22 of this subchapter). Each application must contain the general 
information and certification required by Sec. 13.12(a) of this 
subchapter, plus the following additional information:
    (1) A brief description of the nature of the applicant's business as 
it relates to the importation or exportation of wildlife, e.g., ``live 
animal dealer,'' ``fur broker,'' ``taxidermist,'' ``retail department 
store,'' and ``pet shop;''
    (2) If the application is in the name of a business, a statement 
disclosing the names and addresses of all partners and principal 
officers;
    (3) A statement of where books or records concerning wildlife 
imports or exports will be kept;
    (4) A statement of where inventories of wildlife will be stored; and
    (5) Name, address, and telephone number of the officer, manager, or 
other person authorized to make rec ords or wildlife inventories 
available for examination by Service officials.
    (c) Additional license conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, import/export 
licenses are subject to the following special conditions:
    (1) The licensee shall, from the effective date of the license, keep 
such records as will fully and correctly disclose each importation or 
exportation of wildlife made by the licensee and the subsequent 
disposition made by the licensee with respect to such wildlife. The 
records must include a general description of the form of the wildlife, 
such as ``live,'' ``raw hides,'' or ``fur garments;'' the quantity of 
wildlife, in numbers, weight, or other appropriate measure; the common 
and scientific names; the country or place of origin of the wildlife, if 
known; the date and place of import or export; the date of the 
subsequent disposition of the wildlife; the manner of disposition, 
whether by sale, barter, consignment, loan, delivery, destruction, or 
other means; and the name and address of the person who received the 
wildlife pursuant to such disposition, if applicable;
    (2) Licensees shall include and retain in their records copies of 
all permits required by the laws and regulations of the United States 
and any country of export or origin;
    (3) Licensees shall maintain such books and records for a period of 
five years;
    (4) Subject to applicable limitations of law, licensees must provide 
duly authorized Service officers at all reasonable times, upon notice, 
access to the licensee's places of business and give an opportunity to 
examine the licensee's inventory of imported wildlife and the records 
required to be kept under paragraph (c)(1) of this section, and give an 
opportunity to copy such records;
    (5) Licensees must, upon written request by the Director, submit 
within 30 days of such request a report containing the information 
required to be maintained by paragraph (c)(1) of this section.
    (6) An import/export license is only permission to engage in 
business as an importer or exporter of wildlife. Such a license is in 
addition to, and does not supersede, any other requirement established 
by law for the importation or exportation of wildlife.
    (7) Licensees agree to pay, as a condition of the license, 
reasonable user fees for inspections of commercial wildlife

[[Page 67]]

shipments imported or exported under the authorization of the license.
    (d) Duration of license. Any license issued under this section 
expires on the date designated on the face of the license. In no case 
will the license be valid for more than 1 year from the date of 
issuance.
    (e) Issuance, denial, suspension, revocation, or renewal of license. 
Payment of all license and inspection fees shall be a condition of the 
license. It shall be grounds for suspension or revocation of any 
license, or for denial or renewal of a license, or of grant of a new 
import/export license to any person named as the holder, or a principal 
officer or agent of a holder, of a previous license issued pursuant to 
this subpart, that any license fees or any fees owing for inspections of 
wildlife shipments remain unpaid at the time of application for renewal 
or of new application. Additional provisions governing the issuance, 
denial, suspension, revocation, and renewal of an import/export license 
are found in part 13 of this subchapter B.

[45 FR 56673, Aug. 25, 1980, as amended at 50 FR 52890, Dec. 26, 1985; 
61 FR 31871, June 21, 1996]



Sec. 14.94  What fees apply to me?

    (a) License and inspection fees. We will impose a yearly fee for a 
license pursuant to Sec. 14.93. In addition, you must pay an inspection 
fee for each wildlife shipment imported into or exported from the United 
States at a designated port. If you import into or export from the 
United States wildlife shipments meeting the criteria outlined in 
paragraph (e) of this section, you are exempt from the designated port 
inspection fee, or nondesignated port administrative fee and hourly 
minimums, whichever apply. However, you must pay applicable overtime 
fees and permit fees.
    (b) Designated port overtime fees. The Service may charge importers 
or exporters of wildlife, regardless of being licensed as a commercial 
importer or exporter, a fee for overtime for inspections that begin 
before normal working hours, that extend beyond normal working hours, or 
are on a holiday, Saturday, or Sunday if the importer/exporter requested 
that the inspection be performed outside normal work hours. Overtime 
fees consist of an increased hourly rate equal to 1\1/2\ times the 
average hourly rate of a journeyman level wildlife inspector. Overtime 
fees will be in addition to inspection fees imposed for license holders 
at designated ports. If an importer/exporter presents a shipment for 
inspection during normal work hours but the Service cannot perform the 
inspection during normal work hours on that day, the service will give 
the importer/exporter the option of performing the inspection later 
during normal work hours or charging for overtime. The Service's ability 
to perform inspections during overtime hours will depend on the 
availability of Service personnel. The Service will use the following 
parameters when calculating the overtime fee:
    (1) Inspection overtime commences when a Service officer departs 
that officer's residence or official duty station enroute to the 
inspection site or at the end of normal work hours. Inspection overtime 
terminates when the officer returns to the point of departure or 
official duty station or when the inspection is completed, whichever 
occurs later.
    (2) For an inspection at a designated port beginning less than 1 
hour before normal work hours, the Service will charge 1 hour of time, 
at an hourly rate of 1\1/2\ times the average hourly rate of a 
journeyman level Wildlife Inspector. For all other overtime inspections 
at a designated port the Service will charge a minimum of 2 hours of 
time, at an hourly rate of 1\1/2\ times the average hourly rate of a 
journeyman level Wildlife Inspector, except that for all inspections 
performed on a federal holiday the Service will charge a minimum of 2 
hours at twice the average hourly rate of a journeyman level Wildlife 
Inspector.
    (3) The Service will charge any inspection time in excess of the 2-
hour minimum in quarter hour increments at the same hourly rate as the 
first 2 hours. The Service will round up inspection time of 10 minutes 
or more to the next quarter hour and will disregard any time less than 
10 minutes.

[[Page 68]]

    (4) The fee schedule will apply to all inspections regardless of 
importer/exporter of record, except, that the Service will charge 
multiple shipments consigned to the same importer/exporter and inspected 
at one location one 2-hour minimum or actual time, whichever is greater.
    (c) Nondesignated port fees. The Service will charge permittees 
issued permits under subpart C of this part, and licensed commercial 
importers and exporters a fee for inspections at nondesignated ports. 
The fees consist of a flat administrative fee plus a minimum of two 
hours of time at staffed nondesignated ports. The Service will use the 
following parameters when calculating fees:
    (1) During normal working hours the Service will charge permittees 
issued permits under subpart C of this part, regardless of being 
licensed as a commercial importer or exporter, an administrative fee 
plus a minimum of 2 hours of time at the average hourly rate of a 
journeyman level wildlife inspector. The Service will charge permittees 
requesting clearance outside normal working hours, including Saturday 
and Sunday, an administrative fee plus a minimum of 2 hours of time at 
1\1/2\ times the average hourly rate of a journeyman level wildlife 
inspector, except that for all inspections performed on a federal 
holiday the Service will charge a minimum of 2 hours at twice the 
average hourly rate of a journeyman level wildlife inspector.
    (2) The Service will charge any inspection time in excess of the 2-
hour minimum in quarter hour increments at the same hourly rate as the 
first 2 hours. The Service will round up inspection time of 10 minutes 
or more to the next quarter hour and will disregard any time less than 
10 minutes.
    (3) The Service will not charge importers or exporters who are not 
required to have a permit under subpart C of this part, except that the 
Service will charge licensed importers or exporters an administrative 
fee only during normal working hours, and overtime hourly rates and 
minimums will apply outside normal working hours.
    (4) For inspections performed under a permit issued under subpart C 
of this part at nondesignated ports with no permanent Service law 
enforcement staff, the Service will charge all costs associated with 
inspection and clearance, including, salary, travel and transportation 
costs, and per diem.
    (d) Schedule.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
                              General Fees
------------------------------------------------------------------------
 
 Import/Export license fee.......  $50 per year.
Inspection fee...................  $55 per shipment.
----------------------------------
 
                         Inspection Fee Schedule
------------------------------------------------------------------------
 
Designated ports: Licensees:
    Inspections during normal      $55 Inspection fee.
     work hours.
Inspections beginning less than 1  $55 Inspection fee plus $30.
 hour before normal work hours.
Inspections beginning more than 1  $55 Inspection fee plus 2 hour
 hour before normal work hours.     minimum at $30/hr.
Inspections after normal work      $55 Inspection fee plus 2 hour
 hours (including Saturdays and     minimum at $30/hr.
 Sundays).
Inspections on federal holidays..  $55 Inspection fee plus 2 hour
                                    minimum at $40/hr.
Designated ports: Nonlicensees:
    Inspection during normal work  No charge.
     hours.
    Inspections beginning outside  2 hour minimum at $30/hr.
     normal work hours.
Staffed nondesignated ports:
 Subpart C permit holders,
 regardless of license status:
    Inspections during normal      $55 Administrative fee plus 2 hour
     work hours.                    minimum at $20/hr.
    Inspections beginning outside  $55 Administrative fee plus 2 hour
     normal work hours (including   minimum at $30/hr.
     Saturdays and Sundays).
    Inspections on federal         $55 Administrative fee plus 2 hour
     holidays.                      minimum at $40/hr.

[[Page 69]]

 
    Nonstaffed nondesignated       $55 Administrative fee plus all costs
     ports:.                        associated with inspection and
                                    clearance.
Staffed nondesignated ports: No
 subpart C permit required
 (Border/Special Ports):
    Import/export license holders  $55 Administrative fee.
    All others...................  No charge.
------------------------------------------------------------------------

    (1) The Service will not refund any fee or any portion of any 
license or inspection fee or excuse payment of any fee because 
importation or clearance of wildlife shipment is refused for any reason.
    (2) [Reserved]
    (e) Your wildlife shipments meeting all of the following criteria 
are exempt from the designated port inspection fee or nondesignated port 
administrative fee and hourly minimums:
    (1) The wildlife you are shipping does not require permits under 
parts 16, 17, 18, 21, 22, or 23 of this subchapter;
    (2) You are importing or exporting wildlife between the United 
States and Canada or Mexico;
    (3) The wildlife you are shipping consists of raw fur, raw, salted, 
or crusted hides or skins, or separate parts thereof, lawfully taken 
from the wild in the United States, Canada, or Mexico;
    (4) You, as the importer or exporter of record, or a member of your 
immediate family (your spouse, parents, siblings, and children), took 
the wildlife from the wild;
    (5) You are licensed in accordance with Sec. 14.91;
    (6) You have not previously bought or sold the wildlife or any part 
thereof being shipped;
    (7) Your shipment does not exceed 100 raw furs, raw, salted, or 
crusted hides or skins, or separate parts thereof;
    (8) Your shipment does not contain any manufactured products or live 
animals.
    (9) You certify that your shipment meets the criteria in this 
paragraph.

[61 FR 31871, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]



   Subpart J_Standards for the Humane and Healthful Transport of Wild 
                 Mammals and Birds to the United States

    Source: 57 FR 27108, June 17, 1992, unless otherwise noted.



Sec. 14.101  Purposes.

    The purpose of this subpart is to prescribe requirements necessary 
to ensure that live wild mammals and birds shipped to the United States 
arrive alive, healthy, and uninjured, and that transportation of such 
animals occurs under humane and healthful conditions. These regulations 
implement section 9(d) of the Lacey Act Amendments of 1981.



Sec. 14.102  Definitions.

    In addition to the definitions contained in part 10 of subchapter B 
of this chapter, in this subpart--
    Ambient air temperature means the temperature of the air surrounding 
a primary enclosure containing a wild mammal or bird.
    Auxiliary ventilation means cooling or air circulation provided by 
such means as vents, fans, blowers, or air conditioning.
    Carrier means any person operating an airline, railroad, motor 
carrier, shipping line, or other enterprise engaged in the business of 
transporting any wild mammal or bird for any purpose including 
exhibition and for any person, including itself.
    Communicable disease means any contagious, infectious, or 
transmissible disease of wild mammals or birds.
    Conveyance means any vehicle, vessel, or aircraft employed to 
transport an animal between its origin and destination.
    Do not tip means do not excessively rock or otherwise move from a 
vertical to a slanting position, knock over, or upset.

[[Page 70]]

    Handle means feed, manipulate, crate, shift, transfer, immobilize, 
restrain, treat, or otherwise control the movement or activities of any 
wild mammal or bird.
    Holding area means a designated area at or within a terminal 
facility that has been specially prepared to provide shelter and other 
requirements of wild mammals or birds being transported to the United 
States and in which such mammals or birds are maintained prior to, 
during, or following such shipment.
    Kept clean means maintained free from dirt, trash, refuse, excreta, 
remains from other cargo, and impurities of any type.
    Marine mammal means an individual of a species of the orders 
Cetacea, Pinnipedia, or Sirenia, or a polar bear (Ursus maritimus) or 
sea otter (Enhydra lutris).
    Noncompatible means not capable of existing together in harmony.
    Nonhuman primate means any nonhuman member of the order Primates.
    Normal rigors of transportation means the stress that a wild animal 
can be expected to experience as a result of exposure to unaccustomed 
surroundings, unfamiliar confinement, caging, unfamiliar sounds, motion, 
and other conditions commonly encountered during transport.
    Primary enclosure means any structure used to restrict a mammal or 
bird to a limited amount of space, such as a cage, room, pen, run, 
stall, pool, or hutch.
    Professionally accepted standards means a level of practice 
established as acceptable by a body of qualified persons of the 
veterinary medical profession.
    Psychological trauma means an episode of exposure to stressful 
conditions resulting in significant behavioral abnormality including, 
but not limited to, manifestations of unaccustomed aggressiveness, self-
mutilation, or refusal of food or water.
    Raptor means a live migratory bird of the order Falconiformes or the 
order Strigiformes.
    Sanitize means to make physically clean and, as far as possible, 
free of toxic or infectious agents injurious to the health of wild 
mammals or birds.
    Scheduled departure time means the time listed on a timetable of 
departures and arrivals or, in the absence of a timetable, the time of 
departure agreed to by a carrier and shipper.
    Shipper means any person, other than a carrier, involved in the 
transport of wild animals to the United States regardless of the purpose 
of such transport; e.g., exporter, importer, or agent.
    Terrestrial mammals means mammals other than marine mammals.
    Transport means to move, convey, carry, or ship by any means, or to 
deliver or receive for the purpose of movement, carriage, or shipment, 
by air, land, or sea.
    Transporting device means any vehicle or device used to transport an 
animal between a conveyance and a terminal facility, in and around a 
terminal facility of a carrier, or within a conveyance.
    Unweaned means a bird or mammal incapable of feeding itself 
independently.
    Wild means the same as fish or wildlife, as defined in Sec. 10.12 
of this chapter.



Sec. 14.103  Prohibitions.

    Unless the requirements of this subpart are fully satisfied and all 
other legal requirements are met, it is unlawful for any person to 
transport to the United States, cause to be transported to the United 
States, or allow to be transported to the United States any live wild 
mammal or bird. It shall be unlawful for any person to import, to 
transport, or to cause or permit to be transported to the United States 
any wild mammal or bird under inhumane or unhealthful conditions or in 
violation of this subpart J.



Sec. 14.104  Translations.

    Any certificate or document required by this subpart to accompany a 
mammal or bird transported to the United States and written in a foreign 
language must be accompanied by an accurate English translation.



Sec. 14.105  Consignment to carrier.

    (a) No carrier shall accept any live wild mammal or bird for 
transport to the United States that has not been examined within 10 days 
prior to commencement of transport to the United

[[Page 71]]

States by a veterinarian certified as qualified by the national 
government of the initial country from which the mammal or bird is being 
exported. If the national government of such country does not certify 
veterinarians, then the veterinarian must be certified or licensed by a 
local government authority designated by the national government as 
authorized to certify veterinarians.
    (b)(1) A certificate of veterinary medical inspection, signed by the 
examining veterinarian, stating that the animal has been examined, is 
healthy, appears to be free of any communicable disease, and is able to 
withstand the normal rigors of transport must accompany the mammal or 
bird; the certificate should include the veterinarian's license number, 
certification number, or equivalent. A mammal in the last third of its 
pregnancy, if this is detectable using professionally accepted 
standards, shall not be accepted for transport to the United States 
except for medical treatment and unless the examining veterinarian 
certifies in writing that the animal has been examined, the state of 
pregnancy has been evaluated, and that, despite the medical condition 
requiring treatment, the animal is physically able to withstand the 
normal rigors of transportation to the United States.
    (2) A nursing mother with young, an unweaned mammal unaccompanied by 
its mother, or an unweaned bird shall be transported only if the primary 
purpose is for needed medical treatment and upon certification in 
writing by the examining veterinarian that the treatment is necessary 
and the animal is able to withstand the normal rigors of transport. Such 
an unweaned mammal or bird shall not be transported to the United States 
for medical treatment unless it is accompanied at all times by and 
completely accessible to a veterinary attendant.
    (c) A sick or injured wild mammal or bird shall be permitted 
transport to the United States only if the primary purpose of such 
transport is for needed medical treatment and upon certification in 
writing by the examining veterinarian that the treatment is necessary 
and the animal is able to withstand the normal rigors of travel in its 
present condition. A sick or injured animal shall be accompanied at all 
times throughout the transport process by a veterinary attendant 
qualified to care for and treat it, with continuous access to the 
animal. This individual shall be in possession of or have ready access 
to all medications to be administered during the transport.
    (d) No carrier shall accept any wild mammal or bird for transport to 
the United States presented by the shipper less than 2 hours or more 
than 6 hours prior to the scheduled departure of the conveyance on which 
it is to be transported. The carrier shall notify the crew of the 
presence of live animal shipments.



Sec. 14.106  Primary enclosures.

    No carrier shall accept for transport to the United States any live 
wild mammal or bird in a primary enclosure that does not conform to the 
following requirements:
    (a) The Container Requirements of the Live Animal Regulations (LAR), 
20th edition, October 1, 1993, published by the International Air 
Transport Association (IATA) shall be complied with by all parties 
transporting wild mammals or birds to the United States. The 
incorporation by reference of the LAR was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from IATA, 2000 Peel St., Montreal, Quebec, 
Canada H3A 2R4. Copies may be inspected at the U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Dr., Arlington, VA 22203 or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (b) A primary enclosure shall be constructed so that--
    (1) The strength of the enclosure is sufficient to contain the 
mammal or bird and to withstand the normal effects of transport;
    (2) The interior of the enclosure is free from any protrusion that 
could be injurious to the mammal or bird within;

[[Page 72]]

    (3) No part of the animal can extend or protrude outside of the 
primary enclosure which may result in injury to the contained animal, to 
nearby persons or animals, or to handlers of the primary enclosure;
    (4) Access to the primary enclosure is closed and secured with an 
animal-proof device designed to prevent accidental opening and release 
of the mammal or bird;
    (5) The opening of the enclosure is easily accessible for either 
emergency removal or inspection of the mammal or bird by authorized 
personnel without the risk of escape of the mammal or bird;
    (6) The enclosure has sufficient openings to ensure adequate 
circulation of air at all times.
    (7) The material of which the primary enclosure is constructed is 
not treated with any paint, preservative, or other chemical that is 
injurious or otherwise harmful to the health or well-being of mammals 
and birds.
    (c) Unless the enclosure is permanently affixed in the conveyance or 
has an open top for certain large mammals, spacer bars allowing 
circulation of air around the enclosure shall be fitted to the exterior 
of its top, sides, and base. Spacer bars on an enclosure need extend no 
more than 6 inches (15 centimeters) from the surface of the enclosure. 
Within this 6 inch limit, the spacers on an enclosure containing one 
animal shall extend a distance equal to at least 10 percent of the 
longer dimension of the surface to which they are attached, and the 
spacers on an enclosure containing more than one animal shall extend a 
distance equal to at least 20 percent of the longer dimension of the 
surface to which they are attached. Hand-holds may serve as spacer bars 
for the sides of the enclosure to which they are attached. A primary 
enclosure constructed with one or more slanted or curved walls 
containing ventilation openings need not be fitted with spacer bars on 
such walls.
    (d) An enclosure that is not permanently affixed within the 
conveyance shall have adequate hand-holds or other devices for lifting 
by hand or to facilitate lifting and carrying by machine. Such hand-
holds or other devices shall be made an integral part of the enclosure, 
shall enable it to be lifted without excessive tipping, and shall be 
designed so that the person handling the enclosure will not come in 
contact with the animals contained therein.
    (e) An enclosure shall have a solid, leak-proof bottom or removable, 
leak-proof collection tray under a slatted or wire mesh floor. The 
slatted or wire mesh floor shall be designed and constructed so that the 
spaces between the slats or the holes in the mesh cannot trap the limbs 
of animals contained within the enclosure. An enclosure for mammals 
shall contain unused absorbent litter on the solid bottom or in the 
leak-proof tray in sufficient quantity to absorb and cover excreta. This 
litter shall be safe and nontoxic and shall not resemble food normally 
consumed by the mammals. An enclosure used to transport marine mammals 
in water, in a waterproof enclosure, a sling, or on foam is exempt from 
the requirement to contain litter. An enclosure used to transport birds 
shall not contain litter, unless it is specified in writing by the 
examining veterinarian as medically necessary.
    (f) If an enclosure has been previously used to transport or store 
wild mammals or birds, it shall have been cleaned and sanitized in a 
manner that will destroy pathogenic agents and pests injurious to the 
health of mammals and birds before the enclosure can be re-used.
    (g) An enclosure that is not permanently affixed in the conveyance 
shall be clearly marked in English on the outside of the top and one or 
more sides of the enclosure, in letters not less than 2.5 centimeters (1 
inch) in height, ``Live Animals'' or ``Wild Animals'', ``Do Not Tip,'' 
``Only Authorized Personnel May Open Container,'' and other appropriate 
or required instructions. All enclosure sides shall also be 
conspicuously marked on the outside with arrows to indicate the correct 
upright position of the enclosure. These arrows should extend up the 
sides of the enclosure so that the point of the arrow is visible and 
clearly indicates the top of the enclosure.
    (h) Food and water instructions as specified in Sec. 14.108, 
information regarding what constitutes obvious signs of

[[Page 73]]

stress in the species being transported, and information about any drugs 
or medication to be administered by the accompanying veterinary 
attendant shall be securely attached to each enclosure. Copies of 
shipping documents accompanying the shipment shall also be securely 
attached to the primary enclosure. Original documents shall be carried 
in the carrier's pouch or manifest container or by the shipper's 
attendant accompanying the wild mammal or bird.
    (i) Any food and water troughs shall be securely attached to the 
interior of the enclosure in such a manner that the troughs can be 
filled from outside the enclosure. Any opening providing access to a 
trough shall be capable of being securely closed with an animal-proof 
device. A water trough in an enclosure containing birds shall contain a 
foam or sponge insert, a perforated wooden block, or other suitable 
device to prevent spillage or drowning.
    (j) When a primary enclosure is permanently affixed within a 
conveyance so that its front opening is the only source of ventilation, 
the opening shall face the outside of the conveyance or an unobstructed 
aisle or passageway within the conveyance. Such an aisle or passageway 
shall be at least 12 inches (30 centimeters) wide. The opening in the 
primary enclosure shall occupy at least 90 percent of the total surface 
area of the front wall of the enclosure and be covered with bars or wire 
mesh.

[57 FR 27108, June 17, 1992, as amended at 59 FR 36719, July 19, 1994; 
69 FR 18803, Apr. 9, 2004]



Sec. 14.107  Conveyance.

    (a) The animal cargo space of a conveyance used to transport wild 
mammals or birds to the United States shall be designed, constructed, 
and maintained so as to ensure the humane and healthful transport of the 
animals.
    (b) The cargo space shall be constructed and maintained so as to 
prevent the harmful ingress of engine exhaust fumes and gases produced 
by the conveyance.
    (c) No wild mammal or bird shall be placed in a cargo space of a 
conveyance that does not provide sufficient air for it to breathe 
normally. Primary enclosures shall be positioned in a cargo space in 
such a manner that each animal has access to sufficient air for normal 
breathing.
    (d) The interior of an animal cargo space shall be kept clean of 
disease-causing agents.
    (e) A wild mammal or bird shall not be transported in a cargo space 
that contains any material, substance, or device that may reasonably be 
expected to result in inhumane conditions or be injurious to the 
animal's health unless all reasonable precautions are taken to prevent 
such conditions or injury.



Sec. 14.108  Food and water.

    (a) No carrier shall accept any wild mammal or bird for transport to 
the United States unless written instructions from the shipper 
concerning the animal's food and water requirements are securely affixed 
to the outside of its primary enclosure. Such instructions shall be 
consistent with professionally accepted standards of care and include 
specifically the quantity of water required, the amount and type of food 
required, and the frequency of feeding and watering necessary to ensure 
that the animal is transported humanely and healthfully.
    (b) A mammal or bird requiring drinking water shall have 
uncontaminated water suitable for drinking made available to it at all 
times prior to commencement of transport to the United States, during 
intermediate stopovers, and upon arrival in the United States, or as 
directed by the shipper's written instructions.
    (c) A mammal or bird that obtains moisture from fruits or other food 
shall be provided such food prior to commencement of transport to the 
United States, during stopovers, and upon arrival in the United States, 
or as directed by the shipper's written instructions.
    (d) During a stopover or while still in the custody of the carrier 
after arrival in the United States, a mammal or bird in transit shall be 
observed no less frequently than once every four hours and given food 
and water according to the instructions required by Sec. 14.108(a).
    (e) Suitable and sufficient food shall be made available during 
transport.

[[Page 74]]

    (f) Additional requirements for feeding and watering particular 
kinds of animals are found below in the specifications for the various 
groups.



Sec. 14.109  Care in transit.

    (a) During transportation to the United States, including any 
stopovers during transport, the carrier shall visually inspect each 
primary enclosure not less than once every 4 hours, or in the case of 
air transport, every 4 hours whenever the cargo hold is accessible. 
During such inspections, the carrier shall verify that the ambient air 
temperature is within allowable limits (see Sec. 14.109(b)), that 
enclosures have not been damaged, that adequate ventilation is being 
provided, and when transport is by air, that air pressure suitable to 
support live animals is maintained within the cargo area (pressure 
equivalent to a maximum altitude of 8000 feet). During these 
observations the carrier shall also determine whether any animals are in 
obvious distress as described in documents attached to the enclosure. 
The absence of such a document or the absence of information as to signs 
of distress shall not remove this responsibility. The carrier shall 
attempt to correct any condition causing distress and shall consult the 
shipper concerning any possible need for veterinary care if no 
veterinary attendant is traveling with the shipment; if the shipper 
cannot be reached in the case of an emergency, qualified veterinary care 
should be provided. A veterinarian or qualified attendant traveling with 
the shipment shall be provided access to the animal.
    (b) Unless otherwise specified in writing by the examining 
veterinarian the ambient air temperature in a holding area, transporting 
device, conveyance or terminal facility containing mammals or birds 
shall not be allowed to fall below 12.8 degrees C (55 degrees F) nor to 
exceed 26.7 degrees C (80 degrees F). Auxiliary ventilation shall be 
provided when the ambient air temperature is 23.9 degrees C (75 degrees 
F) or higher. In the case of penguins and auks, the ambient air 
temperature shall not be allowed to exceed 18.3 degrees C (65 degrees F) 
at any time, and auxiliary ventilation shall be provided when the 
ambient air temperature exceeds 15.6 degrees C (60 degrees F). In the 
case of polar bears and sea otters, ambient air temperature shall not be 
allowed to exceed 10 degrees C (50 degrees F).



Sec. 14.110  Terminal facilities.

    (a) Any terminal facility used for wild mammal or bird transport in 
the country of export, stopover countries, or the United States shall 
contain an animal holding area or areas. No carrier or shipper shall co-
mingle live animal shipments with inanimate cargo in an animal holding 
area.
    (b) A carrier or shipper holding any wild mammal or bird in a 
terminal facility shall provide the following:
    (1) A holding area cleaned and sanitized so as to destroy pathogenic 
agents, maintained so that there is no accumulation of debris or 
excreta, and in which vermin infestation is minimized;
    (2) An effective program for the control of insects, ectoparasites, 
and pests of mammals or birds;
    (3) Sufficient fresh air to allow the animals to breathe normally 
with ventilation maintained so as to minimize drafts, odors, and 
moisture condensation;
    (4) Ambient air temperatures maintained within prescribed limits as 
specified in Sec. 14.109(b).



Sec. 14.111  Handling.

    (a) Care shall be exercised to avoid handling the primary enclosure 
in a manner likely to cause physical or psychological trauma to the 
mammal or bird.
    (b) A primary enclosure used to move any mammal or bird shall not be 
dropped, tipped excessively, or otherwise mishandled, and shall not be 
stacked or placed in a manner that may reasonably be expected to result 
in its falling or being tipped.
    (c) Animals incompatible with one another shall not be crated 
together or held in close proximity.
    (d) Transport of mammals or birds to the United States shall be 
accomplished by the carrier in the most expeditious manner, with the 
fewest stopovers possible, and without unnecessary delays.

[[Page 75]]

    (e) Consistent with other procedures and requirements of the 
carrier, live wild mammals or birds shall be last loaded and first 
unloaded from a conveyance.
    (f) A carrier shall not allow mammals or birds to remain for 
extended periods of time outside a holding area and shall move them 
between a holding area and a conveyance as expeditiously as possible. A 
carrier or shipper maintaining mammals or birds in a holding area, or 
transporting them to or from a holding area or between a holding area 
and a conveyance, shall provide the following:
    (1) Shelter from sunlight. When sunlight is likely to cause 
overheating or discomfort, sufficient shade shall be provided to protect 
animals from the direct rays of the sun.
    (2) Shelter from precipitation. Animals shall be provided protection 
so that they remain dry during rain, snow, or other forms of 
precipitation.
    (3) Shelter from cold. Animals shall be provided protection from 
cold. Protection shall include, but not be limited to, that provided by 
covering and/or heating of transporting devices, holding areas, 
conveyances or terminal facilities.
    (4) Protection from harassment. Animals shall be protected from 
disturbances, including, but not limited to, harassment by humans, other 
animals, or machinery that makes noise, emits fumes, heat, or light, or 
causes vibration.



Sec. 14.112  Other applicable provisions.

    In addition to the provisions of Sec. Sec. 14.101-14.111, the 
requirements of Sec. Sec. 14.121-14.172 applicable for particular 
groups of animals shall be met for all shipments of wild mammals and 
birds covered by this part.

                  Specifications for Nonhuman Primates



Sec. 14.121  Primary enclosures.

    (a) No more than one primate shall be transported in a primary 
enclosure. However, a mother and her nursing young being transported to 
the United States for medical treatment, an established male-female 
pair, a family group, a pair of juvenile animals that have not reached 
puberty, or other pairs of animals that have been habitually housed 
together may be shipped in the same primary enclosure. Primates of 
different species shall not be shipped together in the same enclosure.
    (b) A primary enclosure used to transport a primate shall be large 
enough to ensure that the animal has sufficient space to turn around 
freely in a normal manner, lie down, stand up (as appropriate for the 
species), and sit in a normal upright position without its head touching 
the top of the enclosure. However, a primate may be restricted in its 
movements according to professionally accepted standards of care when 
greater freedom of movement would constitute a danger to the primate or 
to its handler or other persons.
    (c) Except as provided in Sec. 14.106(j), ventilation openings must 
be located on at least two walls of a primary enclosure. When the 
required ventilation openings are located on two opposite walls of the 
primary enclosure, these ventilation openings shall comprise at least 30 
percent of the total surface area of the ventilated wall and be situated 
above the midline of the enclosure. If ventilation openings are located 
on all four walls of the enclosure, the openings on each wall shall 
comprise at least 20 percent of the total surface area of the wall and 
be situated above the midline of the primary enclosure.



Sec. 14.122  Food and water.

    (a) A nonhuman primate shall be provided water suitable for drinking 
within 4 hours prior to commencement of transport to the United States 
unless the shipper's written instructions direct otherwise. A carrier 
shall provide suitable drinking water to any primate at least every 12 
hours after acceptance for transport to the United States, unless 
instructed in writing to do so more frequently by the shipper.
    (b) After acceptance for transport, and unless otherwise instructed 
in writing by the shipper, a carrier shall provide suitable food to any 
nonhuman primate at least once every 12 hours.

[[Page 76]]



Sec. 14.123  Care in transit.

    (a) A primate shall be observed for signs of distress and given food 
and water according to the shipper's instructions during any 
intermediate stop that lasts more than 4 hours.
    (b) Care shall be taken to keep enclosures containing primates 
sufficiently separated in the conveyance or holding area to minimize the 
risk of spread of disease from one species or shipment to another.

  Specifications for Marine Mammals (Cetaceans, Sirenians, Sea Otters, 
                       Pinnipeds, and Polar Bears)



Sec. 14.131  Primary enclosures.

    (a) A primary enclosure that is not open on top shall have air 
inlets situated at heights that provide cross ventilation at all levels 
and that are located on all four sides of the enclosure. Such 
ventilation openings shall comprise not less than 20 percent of the 
total surface area of each side of the enclosure.
    (b) Straps, slings, harnesses, or other such devices used for body 
support or restraint when transporting marine mammals such as cetaceans 
or sirenians shall meet the following requirements:
    (1) The devices shall not prevent attendants from having access to 
the mammal to administer care during transportation;
    (2) The devices shall be equipped with sufficient padding to prevent 
trauma or injury at points of contact with the mammal's body;
    (3) Slings or harnesses shall allow free movement of flippers 
outside of the harness or sling;
    (4) The devices shall be capable of preventing the mammal from 
thrashing about and causing injury to itself, handlers, or other 
persons, but shall be designed so as not to cause injury to the mammal.
    (c) A primary enclosure used to transport marine mammals shall be 
large enough to assure the following:
    (1) A sea otter or polar bear has sufficient space to turn about 
freely with all four feet on the floor and to sit in an upright 
position, stand, or lie in a natural position;
    (2) A pinniped has sufficient space to lie in a natural position;
    (3) If a sling, harness, or other supporting device is used, there 
are at least 3 inches (7.5 centimeters) of clearance between any body 
part and the primary enclosure;
    (d) A marine mammal may be restricted in its movements according to 
professionally accepted standards of care when freedom of movement would 
constitute a danger to the animal or to handlers or other persons.
    (e) All marine mammals contained in a given primary enclosure shall 
be of the same species and be maintained in compatible groups. A marine 
mammal that has not reached puberty shall not be transported in the same 
primary enclosure with an adult marine mammal other than its mother. 
Socially dependent animals (e.g., siblings, mother, and offspring) 
transported in the same conveyance shall be allowed visual and, when 
appropriate for the species, olfactory contact. A female marine mammal 
shall not be transported in the same primary enclosure with any mature 
male marine mammal.



Sec. 14.132  Food and water.

    A marine mammal shall not be transported for more than a period of 
36 hours without being offered suitable food unless the shipper's 
written instructions or the shipper's attendant travelling with the 
mammal direct otherwise. After feeding, a marine mammal shall be rested 
for 6 hours prior to resuming transport.



Sec. 14.133  Care in transit.

    (a) Any marine mammal shall be accompanied, in the same conveyance, 
by the shipper or an authorized representative of the shipper 
knowledgeable in marine mammal care to provide for the animal's health 
and well-being. The shipper or representative shall observe such marine 
mammals to determine whether or not they need veterinary care and shall 
provide or obtain any needed veterinary care as soon as possible. Care 
during transport shall include the following (on a species-specific 
basis):
    (1) Keeping the skin moist or preventing the drying of the skin by 
such methods as covering with wet cloths,

[[Page 77]]

spraying it with water or applying a nontoxic emollient;
    (2) Assuring that the pectoral flippers (when applicable) are 
allowed freedom of movement at all times;
    (3) Making adjustments in the position of the mammal when necessary 
to prevent necrosis of the skin at weight pressure points; and
    (4) Calming the mammal to prevent struggling, thrashing, and other 
activity that may cause overheating or physical trauma.
    (b) Unless otherwise directed by a shipper or authorized 
representative, at least one-half of the floor area in a primary 
enclosure used to transport sea otters to the United States shall 
contain sufficient crushed ice or ice water to provide each otter with 
moisture necessary to maintain its hair coat by preventing it from 
drying and to minimize soiling of the hair coat with urine and fecal 
material.
    (c) A marine mammal exhibiting excited or otherwise dangerous 
behavior shall not be taken from its primary enclosure except under 
extreme emergency conditions and then only by the shipper or other 
authorized individual who is capable of handling the animal safely.

               Specifications for Elephants and Ungulates



Sec. 14.141  Consignment to carrier.

    Species that grow antlers shall not be accepted for transport unless 
the antlers have been shed or surgically removed.



Sec. 14.142  Primary enclosures.

    (a) Except as provided in Sec. 14.106(j), ventilation openings must 
be located on at least two walls of a primary enclosure. When the 
required ventilation openings are located on two opposite walls of the 
primary enclosure, these ventilation openings shall comprise at least 16 
percent of the total surface area of each ventilated wall. When 
ventilation openings are located on all four walls of the primary 
enclosure, the openings shall comprise at least 8 percent of the total 
surface area of each wall. At least one-third of the minimum area 
required for ventilation shall be located on the lower one-half of the 
primary enclosure and at least one-third of the total minimum area 
required for ventilation shall be located on the upper one-half of the 
primary enclosure.
    (b) No more than one elephant or ungulate shall be transported in a 
primary enclosure, except that: a mother and nursing young may be 
shipped in the same primary enclosure if the shipment complies with the 
provisions of Sec. 14.105(b); in the case of land or sea transport, a 
pair of juvenile elephants or ungulates or other pairs that have been 
habitually housed together may be shipped in the same primary enclosure.
    (c) A primary enclosure used to transport an elephant or ungulate 
shall be large enough to allow the animal to lie or stand in a natural 
upright position with the head extended, but not large enough for the 
animal to roll over.
    (d) A primary enclosure used to transport an elephant or ungulate 
with horns or tusks shall be designed and constructed to prevent the 
horns or tusks from becoming trapped or injuring the animal itself, 
other animals nearby, attendants, or cargo handlers.
    (e) A primary enclosure for an elephant or ungulate shall be 
equipped with a removable water trough that can be securely hung within 
the enclosure above the floor and can be filled from outside the 
enclosure.

   Specifications for Sloths, Bats, and Flying Lemurs (Cynocephalidae)



Sec. 14.151  Primary enclosures.

    (a) Except as provided in Sec. 14.106(j), ventilation openings must 
be located on at least two walls of a primary enclosure. When the 
required ventilation openings are located on two opposite walls of the 
primary enclosure, these ventilation openings shall comprise at least 16 
percent of the total surface area of the ventilated wall. When 
ventilation openings are located on all four walls, the openings shall 
comprise at least 8 percent of the total surface area of each wall. At 
least one-third of the total minimum area required for ventilation of 
the primary enclosure shall be located on the upper one-half of the 
primary enclosure.

[[Page 78]]

    (b) No more than one sloth, bat, or flying lemur (Cynocephalidae) 
shall be transported in a primary enclosure. However, a mother and her 
nursing young being transported for medical reasons, an established 
male-female pair, a family group, a pair of juvenile animals that have 
not reached puberty, or other small groups of animals that have been 
habitually housed together may be shipped in the same primary enclosure.
    (c) A primary enclosure used to transport sloths, bats, or flying 
lemurs shall be large enough to ensure that each animal has sufficient 
space to move freely and in a normal manner and shall have a wide perch, 
bar, or mesh of suitable strength fitted under the top of the enclosure 
and spaced from it in such a way that the animals may hang from it 
freely in a natural position.

              Specifications for Other Terrestrial Mammals



Sec. 14.161  Primary enclosures.

    (a) Except as provided in Sec. 14.106(j), ventilation openings must 
be located on at least two walls of a primary enclosure. When the 
required ventilation openings are located on two opposite walls of the 
primary enclosure, these ventilation openings shall comprise at least 16 
percent of the total surface area of each ventilated wall. When openings 
are located on all four walls of the enclosure, the openings shall 
comprise at least 8 percent of the total surface area of each wall. At 
least one-third of the minimum area required for ventilation shall be 
located on the lower one-half of the enclosure, and at least one-third 
of the total minimum area required for ventilation shall be located on 
the upper one-half of the enclosure.
    (b) No more than one terrestrial mammal (other than rodents) shall 
be transported in a primary enclosure. However, a mother and her nursing 
young may be shipped in the same primary enclosure if the shipment 
complies with the provisions of Sec. 14.105(b).
    (c) More than one rodent may be transported in the same primary 
enclosure if they are members of the same species and are maintained in 
compatible groups. Rodents that are incompatible shall be transported in 
individual primary enclosures that are stored and transported so they 
are visually separated. A female with young being transported for 
medical reasons shall not be placed in a primary enclosure with other 
animals. The following chart specifies maximum densities minimum space 
for transporting rodents that fall within the specified weight 
limitations. Max. No. refers to maximum number per primary enclosure; 
Space/animal refers to minimum area of floor space per animals. Rodents 
weighing more than 5,000 grams shall be transported in individual 
enclosures.

                     Density Guidelines for Rodents
------------------------------------------------------------------------
                                                 Space/Animal    Ht. of
                                          Max. ----------------    Box
                                          No.                  ---------
                                                cm /2/  in /2/   cm   in
------------------------------------------------------------------------
wt. in grams of rodent:
220 or less............................     20     194      30   15    6
220-450................................     12     388      60   20    8
450-1000...............................      6     770     120   25   10
1,000-5,000............................      2   2,310     360   30   12
------------------------------------------------------------------------

    (d) A primary enclosure used to transport terrestrial mammals shall 
be large enough to ensure that each animal has sufficient space to turn 
around freely in a normal manner. The height of the primary enclosure 
shall provide adequate space for the animal to stand upright in a normal 
posture with space above its head. The length of the primary enclosure 
shall be great enough to enable the animal to lie in a full prone 
position.

                        Specifications for Birds



Sec. 14.171  Consignment to carrier.

    (a) A personally owned pet bird originally transported from the 
United States and being returned to this country with its original 
United States certificate of veterinary inspection within 60 days of 
departure may be accepted by a carrier without a new veterinary 
examination.
    (b) No carrier shall accept for transport to the United States any 
bird that was captured in the wild unless a qualified veterinarian, 
authorized by the national government of the country from

[[Page 79]]

which the bird is being exported, certifies that the bird has been held 
in captivity for at least 14 days.



Sec. 14.172  Primary enclosures.

    (a) A primary enclosure for birds shall have ventilation openings on 
two vertical sides that comprise at least 16 percent of the surface area 
of each side and are positioned so as to decrease the likelihood of 
creating a draft.
    (b) Perches shall be provided for birds that rest by perching. The 
diameter of the perch shall be sufficient to permit the birds to 
maintain a firm, comfortable grip. Perches shall be placed so that 
droppings do not fall into food or water troughs or onto other perched 
birds. There shall be enough head room to allow the birds to move onto 
and off the perches without touching the top of the enclosure.
    (c) An enclosure used to transport one or more birds that rest by 
perching shall be large enough to ensure that sufficient perch space is 
available for all birds to perch comfortably at the same time. No more 
than 50 birds that rest by perching shall be transported in one primary 
enclosure, with the exception of large birds (longer than 23 cm, or 9 
inches), which are limited to a maximum of 25 per primary enclosure.
    (d) A primary enclosure used to transport a raptorial bird shall be 
large enough to transport the bird comfortably and to permit it to turn 
around without stretching its wings to the fullest extent. Only one 
raptorial bird shall be contained in a primary enclosure.
    (e) A primary enclosure containing nonraptorial birds that do not 
rest by perching shall be large enough for the birds to turn around, to 
lie down, to stand erect, and to change posture in a normal manner.
    (f) Nectar-feeding birds shall either be transported in a primary 
enclosure equipped with feeding bottles accessible from outside the 
enclosure for replenishment or hand-carried and fed in accordance with 
the written instructions of the shipper.
    (g) Birds transported in the same primary enclosure shall be of the 
same species and be compatible with one another. Birds that are 
incompatible shall be placed in individual primary enclosures and these 
enclosures shall not be stored or transported in visual proximity to one 
another.



PART 15_WILD BIRD CONSERVATION ACT--Table of Contents




              Subpart A_Introduction and General Provisions

Sec.
15.1 Purpose of regulations.
15.2 Scope of regulations.
15.3 Definitions.
15.4 Information collection requirements.

                 Subpart B_Prohibitions and Requirements

15.11 Prohibitions.
15.12 Requirements.

     Subpart C_Permits and Approval of Cooperative Breeding Programs

15.21 General application procedures.
15.22 Permits for scientific research.
15.23 Permits for zoological breeding or display programs.
15.24 Permits for cooperative breeding.
15.25 Permits for personal pets.
15.26 Approval of cooperative breeding programs.

   Subpart D_Approved List of Species Listed in the Appendices to the 
                               Convention

15.31 Criteria for including species in the approved list for captive-
          bred species.
15.32 Criteria for including species in the approved list for non-
          captive-bred species.
15.33 Species included in the approved list.

   Subpart E_Qualifying Facilities Breeding Exotic Birds in Captivity

15.41 Criteria for including facilities as qualifying for imports. 
          [Reserved]
15.42 List of foreign qualifying breeding facilities. [Reserved]

Subpart F_List of Prohibited Species Not Listed in the Appendices to the 
                               Convention

15.51 Criteria for including species and countries in the prohibited 
          list. [Reserved]
15.52 Species included in the prohibited list. [Reserved]
15.53 Countries of export included in the prohibited list. [Reserved]

    Authority: 61 U.S.C. 4901-4916.

    Source: At 58 FR 60536, Nov. 16, 1993, unless otherwise noted.

[[Page 80]]



              Subpart A_Introduction and General Provisions



Sec. 15.1  Purpose of regulations.

    The regulations in this part implement the Wild Bird Conservation 
Act of 1992, Pub. L. 102-440, 16 U.S.C. 4901-4916.



Sec. 15.2  Scope of regulations.

    (a) The regulations in this part apply to all species of exotic 
birds, as defined in section 15.3.
    (b) The provisions in this part are in addition to, and are not in 
lieu of, other regulations of this subchapter B that may require a 
permit or prescribe additional restrictions or conditions for the 
import, export, reexport, and transportation of wildlife.



Sec. 15.3  Definitions.

    In addition to the definitions contained in parts 10 and 23 of this 
subchapter B, and unless the context requires otherwise, in this part:
    Documentation means a description of how scientific information was 
collected, including the methodologies used; names and institutions of 
individuals conducting the work; dates and locations of any study; and 
any published results or reports from the work.
    Exotic bird means any live or dead member of the Class Aves that is 
not indigenous to the 50 States or the District of Columbia, including 
any egg or offspring thereof, but does not include domestic poultry, 
dead sport-hunted birds, dead museum specimens, dead scientific 
specimens, products manufactured from such birds, or birds in any of the 
following families: Phasianidae. Numididae, Cracidae, Meleagrididae, 
Megapodiidae, Anatidae, Struthionidae Rheidae, Dromaiinae, and Gruidae.
    Indigenous means a species that is naturally occurring, not 
introduced as a result of human activity, and that currently regularly 
inhabits or breeds in the 50 States or the District of Columbia.
    Life cycle means the annual processes involved with breeding, 
migration, and all other non-breeding activities.
    Person means an individual, corporation, partnership, trust, 
association, or any other private entity; or any officer, employee, 
agent, department, or instrumentality of the Federal Government, of any 
State, municipality, or political subdivision of a State, or of any 
foreign government; any State, municipality, or political subdivision of 
a State; or any other entity subject to the jurisdiction of the United 
States.
    Species means any species, any subspecies, or any district 
population segment of a species or subspecies, and includes hybrids of 
any species or subspecies. Hybrids will be treated according to the more 
restrictive appendix or category in which either parental species is 
listed.
    Status means a qualitative measure of the vulnerability to 
extinction or extirpation of a population at a given time (e.g., 
endangered, threatened, vulnerable, non-threatened, or insufficiently 
known).
    Sustainable use means the use of a species in a manner and at a 
level such that populations of the species are maintained at 
biologically viable levels for the long term and involves a 
determination of the productive capacity of the species and its 
ecosystem, in order to ensure that utilization does not exceed those 
capacities or the ability of the population to reproduce, maintain 
itself and perform its role or function in its ecosystem.
    Trend means a long-term assessment of any change in the absolute or 
relative size of a species' population or habitat over time (e.g., 
increasing, decreasing, at equilibrium, insufficiently known).
    United States means the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, 
the Commonwealth of the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands.

[58 FR 60536, Nov. 16, 1993, as amended at 61 FR 2091, Jan. 24, 1996]



Sec. 15.4  Information collection requirements.

    (a) The Office of Management and Budget approved the information 
collection requirements contained in this part 15 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0093.

[[Page 81]]

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.
    (b) We estimate the public reporting burden for these reporting 
requirements to vary from 1 to 4 hours per response, with an average of 
2 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 (1018-0093), Washington, DC 20603.

[63 FR 52634, Oct. 1, 1998]



                 Subpart B_Prohibitions and Requirements



Sec. 15.11  Prohibitions.

    (a) Except as provided under a permit issued pursuant to subpart C 
of this part, it is unlawful for any person subject to the jurisdiction 
of the United States to commit, attempt to commit, to solicit another to 
commit, or to cause to be committed, any of the acts described in 
paragraphs (b) through (f) of this section in regard to any exotic bird.
    (b) It is unlawful to import into the United States any exotic bird 
species listed in the Appendices to the Convention that is not included 
in the approved list of species, pursuant to subpart D of this part, 
except that this paragraph (b) does not apply to any exotic bird that 
was bred in a foreign breeding facility listed as qualifying pursuant to 
subpart E of this part.
    (c) It is unlawful to import into the United States any exotic bird 
species not listed in the Appendices to the Convention that is listed in 
the prohibited species list, pursuant to subpart F of this part.
    (d) It is unlawful to import into the United States any exotic bird 
species from any country included in the prohibited country list, 
pursuant to subpart F of this part.
    (e) It is unlawful to import into the United States any exotic bird 
species from a qualifying facility breeding exotic birds in captivity, 
listed pursuant to subpart E of this part, if the exotic bird was not 
captive-bred at the listed facility.
    (f) It is unlawful for any person subject to the jurisdiction of the 
United States to engage in any activity with an exotic bird imported 
under a permit issued pursuant to this part that violates a condition of 
said permit.

[58 FR 60536, Nov. 16, 1993, as amended at 59 FR 62255, Dec. 2, 1994]



Sec. 15.12  Requirements.

    (a) No person shall import into the United States any exotic bird 
except as may be permitted under the terms of a valid permit issued 
pursuant to the provisions of subpart C of this part and 50 CFR part 13, 
or in accordance with the provisions of subparts D-F of this part 15, or 
in accordance with the provisions of paragraph (b) of this section.
    (b) Any exotic bird can be imported to the United States if it was 
legally exported from the United States with a permit issued by the 
Service's Office of Management Authority, provided that the import is by 
the same person who exported the bird, the import is accompanied by a 
copy of the cleared CITES export permit or certificate issued by the 
Service that was used to export the exotic bird, and the Service is 
satisfied that the same bird is being imported as is indicted on the 
aforementioned permit or certificate.

[[Page 82]]



     Subpart C_Permits and Approval of Cooperative Breeding Programs



Sec. 15.21  General application procedures.

    (a) The Director may issue a permit authorizing the importation of 
exotic birds otherwise prohibited by Sec. 15.11, in accordance with the 
issuance criteria of this subpart, for the following purposes only: 
Scientific research; zoological breeding or display programs; 
cooperative breeding programs designed to promote the conservation and 
maintenance of the species in the wild; or personally owned pets 
accompanying persons returning to the United States after being out of 
the country for more than 1 year.
    (b) Additional requirements as indicated in parts 13, 14, 17, 21, 
and 23 of this subchapter must also be met.
    (c) A person wishing to obtain a permit under this subpart or 
approval of cooperative breeding programs under this subpart submits an 
application to the Director, U.S. Fish and Wildlife Service (Attention: 
Office of Management Authority), 4401 N. Fairfax Drive, Room 700, 
Arlington, VA 22203. Each application must contain the general 
information and certification required in Sec. 13.12(a) of this 
subchapter, and all of the information specified in the applicable 
section Sec. Sec. 15.22 through 15.26.

[58 FR 60536, Nov. 16, 1993, as amended at 63 FR 52634, Oct. 1, 1998]



Sec. 15.22  Permits for scientific research.

    (a) Application requirements for permits for scientific research. 
Each application shall provide the following information and such other 
information that the Director may require:
    (1) A description of the exotic bird(s) to be imported, including:
    (i) The common and scientific names of the species, number, age or 
age class, and, when known, sex; and
    (ii) A statement as to whether, at the time of the application, the 
exotic bird is still in the wild, has already been removed from the 
wild, or was bred in captivity;
    (2) If the exotic bird is in the wild or was taken from the wild, 
include:
    (i) The country and region where the removal will occur or occurred;
    (ii) A description of the status of the species in the region of 
removal; and
    (iii) A copy of any foreign collecting permit or authorizing letter, 
if applicable;
    (3) If the exotic bird was bred in captivity, include:
    (i) Documents or other evidence that the bird was bred in captivity, 
including the name and address of the breeder, and when known, hatch 
date and identity of the parental birds; and
    (ii) If the applicant is not the breeder, documentation showing the 
bird was acquired from a breeder and a history of multiple transactions, 
if applicable:
    (4) A statement of the reasons the applicant is justified in 
obtaining a permit, and a complete description of the scientific 
research to be conducted on the exotic bird requested, including:
    (i) Formal research protocol with timetable;
    (ii) The relationship of such research to the conservation of the 
species in the wild;
    (iii) A discussion of possible alternatives and efforts to obtain 
birds from other sources; and
    (iv) Plans for disposition of the exotic birds and any progeny upon 
completion of the research project;
    (5) Qualifications of the scientific personnel conducting the 
proposed research, including applicable experience and a description of 
relevant past research conducted;
    (6) A description of the care and maintenance of the exotic bird, 
and how the facility meets professionally recognized standards, 
including;
    (i) The name and address of the facility where the exotic bird will 
be maintained;
    (ii) Dimensions of existing enclosures for the birds to be imported 
and number of birds to be housed in each; and
    (iii) Husbandry practices.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making this decision, the 
Director shall consider, in addition to the general criteria in part

[[Page 83]]

13 of this subchapter, the following factors;
    (1) Whether the purpose of the scientific research is adequate to 
justify removing the exotic bird from the wild or otherwise changing its 
status;
    (2) Whether the proposed import would be detrimental to the survival 
of the exotic bird species in the wild, including whether the exotic 
bird was bred in captivity or was (or will be) taken from the wild, 
taking into consideration the conservation status of the species in the 
wild;
    (3) Whether the permit, if issued, would conflict with any known 
program intended to enhance the survival of the population from which 
the exotic bird was or would be removed;
    (4) Whether the research for which the permit is required has 
scientific merit;
    (5) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate for proper care and maintenance of the 
exotic bird and to successfully accomplish the research objectives 
stated in the application.
    (c) 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 special conditions as the Director may deem 
appropriate.
    (d) Duration of permits. The duration of the import permits issued 
under this section shall be designated on the face of the permit, but in 
no case will these permits be valid for longer than one year.



Sec. 15.23  Permits for zoological breeding or display programs.

    (a) Application requirements for permits for zoological breeding or 
display programs. Each application shall provide the following 
information and such other information that the Director may require:
    (1) A description of the exotic bird(s) to be imported, including:
    (i) The common and scientific names of the species, number, age or 
age class, and, when known, sex; and
    (ii) A statement as to whether, at the time of the application, the 
exotic bird is still in the wild, has already been removed from the 
wild, or was bred in captivity;
    (2) If the exotic bird is in the wild or was taken from the wild 
include:
    (i) The country and region where the removal will occur or occurred;
    (ii) A description of the status of the species in the region of 
removal; and
    (iii) A copy of any foreign collecting permit or authorizing letter, 
if applicable;
    (3) If the exotic bird was bred in captivity, include:
    (i) Documents or other evidence that the bird was bred in captivity, 
including the name and address of the breeder, and when known, identity 
of the parental birds, and hatch date; and
    (ii) If the applicant is not the breeder, documentation showing the 
bird was acquired from a breeder and a history of multiple transactions, 
if applicable;
    (4) A statement of the reasons the applicant is justified in 
obtaining a permit, and a complete description of the breeding or 
display program to be conducted with the exotic bird requested, 
including:
    (i) A breeding or education protocol that provides information on 
educational materials on the ecology and/or conservation status of the 
species provided to the general public;
    (ii) Plans, if any, for developing or maintaining a self-sustaining 
population of the exotic bird species in captivity;
    (iii) A statement on efforts to obtain birds from alternative 
sources or sources within the United States;
    (iv) The relationship of such a breeding or display program to the 
conservation of the species in the wild; and
    (v) Plans for disposition of the exotic birds and any progeny.
    (5) A description of the care and maintenance of the exotic bird, 
and how the facility meets professionally recognized standards of the 
public display community, including:
    (i) The name and address of the facility where the exotic bird will 
be maintained;
    (ii) Dimensions of existing enclosures for the birds to be imported 
and number of birds to be housed in each;
    (iii) Husbandry practices;
    (6) A history of the zoological facility's breeding programs with 
the same or similar species, including:

[[Page 84]]

    (i) Participation in any cooperative breeding programs;
    (ii) Breeding and inventory records for the last two years, 
including hatching, survival, and mortality records; and
    (iii) Causes of any mortalities and efforts made to correct any 
problems.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making this decision, the 
Director shall consider, in addition to the general criteria in part 13 
of this subchapter, the following factors:
    (1) Whether the zoological breeding or display program is adequate 
to justify removing the exotic bird from the wild or otherwise changing 
its status;
    (2) Whether the proposed import would be detrimental to the survival 
of the exotic bird species in the wild, including whether the exotic 
bird was bred in captivity or was (or will be) taken from the wild, 
taking into consideration the conservation status of the species in the 
wild;
    (3) Whether the permit, if issued, would conflict with any known 
program intended to enhance the survival of the population from which 
the exotic bird was or would be removed;
    (4) Whether the breeding or display program for which the permit is 
required has conservation merit; and
    (5) Whether the expertise, facilities or other resources available 
to the applicant appear adequate for proper care and maintenance of the 
exotic bird and to successfully accomplish the zoological breeding or 
display objectives stated in the application.
    (c) 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 special conditions as the Director may deem 
appropriate.
    (d) Duration of permits. The duration of the import permits issued 
under this section shall be designated on the face of the permit, but in 
no case will these permits be valid for longer than one year.



Sec. 15.24  Permits for cooperative breeding.

    (a) Application requirements for permits for cooperative breeding. 
Each application shall provide the following information and such other 
information that the Director may require:
    (1) A description of the exotic bird(s) to be imported, including:
    (i) The common and scientific names of the species, number, age or 
age class, and, when known, sex; and
    (ii) A statement as to whether, at the time of the application, the 
exotic bird is still in the wild, has already been removed from the 
wild, or was bred in captivity;
    (2) If the exotic bird is still in the wild or was taken from the 
wild include;
    (i) The country and region where the removal will occur or occurred;
    (ii) A description of the status of the species in the region of 
removal; and
    (iii) A copy of any foreign collecting permit or authorizing letter, 
if applicable;
    (3) If the exotic bird was bred in captivity, include;
    (i) Documents or other evidence that the bird was bred in captivity, 
including the name and address of the breeder, when known, the identity 
of the parental birds and hatch date; and
    (ii) If the applicant is not the breeder, documentation showing the 
bird was acquired from the breeder and a history of multiple 
transactions, if applicable;
    (4) A statement of the reasons the applicant is justified in 
obtaining a permit, and a statement detailing the applicant's 
participation in a cooperative breeding program approved under section 
15.26 of this chapter, including;
    (i) Copies of any signed agreements or protocols with the monitoring 
avicultural, conservation, or zoological organization overseeing the 
program; and
    (ii) Applicable records of the cooperative breeding program of any 
other birds imported, their progeny, and their disposition;
    (5) A complete description of the relationship of the exotic bird to 
the approved cooperative breeding program, including;

[[Page 85]]

    (i) A statement of the role of the exotic bird in a breeding 
protocol;
    (ii) A plan for maintaining a self-sustaining captive population of 
the exotic bird species;
    (iii) Details on recordkeeping; and
    (iv) Plans for disposition of the exotic birds and any progeny 
produced during the course of this program.
    (6) A statement outlining the applicant's attempts to obtain the 
exotic bird in a manner that would not cause its removal from the wild, 
and attempts to obtain the specimens of the exotic bird species from 
stock available in the United States;
    (7) A description of the care and maintenance of the exotic bird, 
and how the facility meets professionally recognized standards, 
including;
    (i) The name and address of the facility where the exotic bird will 
be maintained;
    (ii) Dimensions of existing enclosures for birds to be imported and 
number of birds to be housed in each; and
    (iii) Husbandry practices;
    (8) A history of the applicant's past participation in cooperative 
breeding programs with the same or similar species, including;
    (i) Breeding and inventory records for at least the last two years;
    (ii) Hatching, survival, and mortality records;
    (iii) Causes of any mortalities and efforts made to correct any 
problems.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making this decision, the 
Director shall consider, in addition to the general criteria in part 13 
of this subchapter, the following factors;
    (1) Whether the cooperative breeding program is adequate to justify 
removing the exotic bird from the wild or otherwise changing its status;
    (2) Whether the proposed import would be detrimental to the survival 
of the exotic bird species in the wild, including whether the exotic 
bird was bred in captivity or was (or will be) taken from the wild, 
taking into consideration the conservation status of the species in the 
wild;
    (3) Whether the cooperative breeding program for which the permit is 
required would be likely to enhance or promote the conservation of the 
exotic bird species in the wild or result in a self-sustaining 
population of the exotic bird species in captivity; and
    (4) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate for proper care and maintenance of the 
exotic birds and to successfully accomplish the cooperative breeding 
objectives stated in the application.
    (c) 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 special conditions as the Director may deem 
appropriate.
    (d) Duration of permits. The duration of the import permits issued 
under this section shall be designated on the face of the permit, but in 
no case will these permits be valid for longer than one year.



Sec. 15.25  Permits for personal pets.

    (a) Application requirements for personal pets not intended for 
sale. No individual may import more than two exotic birds as pets in any 
year. Each application shall provide the following information and such 
other information that the Director may require:
    (1) A description of the exotic bird to be imported, including;
    (i) The common and scientific names, number, age, and, when known, 
sex;
    (ii) A band number, house name, or any other unique identifying 
feature; and
    (iii) A statement as to whether the exotic bird was bred in 
captivity or taken from the wild;
    (2) A statement of the reasons the applicant is justified in 
obtaining a permit;
    (3) Documentation showing that the applicant has continually resided 
outside of the United States for a minimum of one year;
    (4) A statement of the number of exotic birds imported during the 
previous 12 months as personal pets by the applicant;
    (5) Information on the origin of the exotic bird, including;
    (i) Country of origin; and

[[Page 86]]

    (ii) A description and documentation of how the exotic bird was 
acquired, including a copy of any Convention permit under which the bird 
was re-exported or exported. If there is no such permit, a sales receipt 
or signed statement from seller with name and address of seller, date of 
sale, species, and other identifying information on the bird or signed 
breeder's certificate or statement with name and address of breeder, 
date of sale or transfer, species and hatch date.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making this decision, the 
Director shall consider, in addition to the general criteria in part 13 
of this subchapter, the following factors:
    (1) Whether the proposed import would be detrimental to the survival 
of the exotic bird species in the wild;
    (2) Whether the exotic bird to be imported is a personal pet owned 
by the applicant, who has continuously resided outside the United States 
for a minimum of one year, and who has no intention to sell the bird; 
and
    (3) Whether the number of exotic birds imported in the previous 12 
months by the applicant does not exceed two.
    (c) 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 special conditions that no individual may 
import more than two exotic birds as personal pets in any year, the 
exotic birds cannot be sold after importation into the United States, 
and any other conditions as the Director may deem appropriate.
    (d) Duration of permits. The duration of the import permits issued 
under this section shall be designated on the face of the permit.



Sec. 15.26  Approval of cooperative breeding programs.

    Upon receipt of a complete application, the Director may approve 
cooperative breeding programs. Such approval will allow individuals to 
import exotic birds otherwise prohibited by section 15.11, with permits 
under section 15.24. Such approval for cooperative breeding programs 
shall be granted in accordance with the issuance criteria of this 
section.
    (a) Application requirements for approval of cooperative breeding 
programs. Each application shall provide the following information and 
such other information that the Director may require:
    (1) A description of the exotic bird(s) to be imported or to be 
covered under the program, including the common and scientific names of 
the species, number, sex ratio (if applicable), and age class;
    (2) A statement of the reasons the applicant is justified in 
obtaining this approval, and a description of the cooperative breeding 
program requested for the exotic bird species, including:
    (i) A breeding protocol, including a genetic management plan and 
breeding methods;
    (ii) A statement on the plans for developing and maintaining a self-
sustaining population in captivity of the exotic bird species;
    (iii) Details on the system of recordkeeping and tracking of birds 
and their progeny, including how individual specimens will be marked or 
otherwise identified;
    (iv) A statement on the relationship of such a breeding program to 
the conservation of the exotic bird species in the world;
    (v) Details on the funding of this program; and
    (vi) Plans for disposition of the exotic birds and any progeny;
    (3) A qualification statement for each individual who will be 
overseeing the cooperative breeding program. This statement should 
include information on the individual's prior experience with the same 
or similar bird species. Individuals overseeing the program will be 
required to demonstrate an affiliation with an avicultural, 
conservation, or zoological organization;
    (4) A statement of the oversight of the program by the avicultural, 
zoological, or conservation organization, including their monitoring of 
participation in the program, criteria for acceptance of individuals 
into the program, and the relationship of the cooperative breeding 
program to enhancing

[[Page 87]]

the propagation and survival of the species; and
    (5) A history of the cooperative breeding program, including an 
annual report for the last 3 years (if applicable), mortality records, 
breeding records, and a studbook if one has been developed for the 
species.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a cooperative breeding program should be approved. In 
making this decision, the Director shall consider, in addition to the 
general criteria in part 13 of this subchapter, the following factors:
    (1) Whether the cooperative breeding program for which the approval 
is requested is adequate to justify removing the exotic bird from the 
wild or otherwise changing its status;
    (2) Whether the granting of this approval would be detrimental to 
the survival of the exotic bird species in the wild, including whether 
the exotic birds were bred in captivity or will be taken from the wild, 
taking into consideration the conservation status of the species in the 
wild;
    (3) Whether the granting of this approval would conflict with any 
known program intended to enhance the survival of the population from 
which the exotic bird species was or would be removed;
    (4) Whether the cooperative breeding program for which the permit is 
requested would be likely to enhance or promote the conservation of the 
exotic bird species in the wild or result in a self-sustaining 
population of the exotic bird species in captivity; and
    (5) Whether the expertise or other resources available to the 
program appear adequate to successfully accomplish the objectives stated 
in the application.
    (c) Publication in the Federal Register. The Director shall publish 
notice in the Federal Register of each application submitted under Sec. 
15.26(a). Each notice shall invite the submission from interested 
parties of written data, views, or arguments with respect to the 
application. The Director shall publish periodically a notice as 
appropriate in the Federal Register of the list of approved cooperative 
breeding programs.
    (d) Approval conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every approval issued under this 
paragraph shall be subject to the special condition that the cooperative 
breeding program shall maintain records of all birds imported under 
permits issued under this subpart and their progeny, including their 
sale or transfer, death, or escape, and breeding success. These records 
shall be made available to the Service on request and when renewing an 
approval.
    (e) Duration of approval. Cooperative breeding programs shall be 
approved for two years, at which time applicants may apply to the 
Service for renewal of a program's approval. Applications for renewal of 
approval shall comply with the general conditions set forth in part 13 
of this subchapter.



   Subpart D_Approved List of Species Listed in the Appendices to the 
                               Convention.

    Source: 59 FR 62262, Dec. 2, 1994, unless otherwise noted.



Sec. 15.31  Criteria for including species in the approved list for 
captive-bred species.

    The Director will periodically review the list of captive-bred 
exotic bird species in paragraph 15.33(a), for which importation into 
the United States is approved. Any exotic bird species listed in 
paragraph 15.33(a) pursuant to this section must meet all of the 
following criteria:
    (a) All specimens of the species known to be in trade (legal or 
illegal) are captive-bred;
    (b) No specimens of the species are known to be removed from the 
wild for commercial purposes;
    (c) Any importation of specimens of the species would not be 
detrimental to the survival of the species in the wild; and
    (d) Adequate enforcement controls are in place to ensure compliance 
with paragraphs (a) through (c) of this section.

[[Page 88]]



Sec. 15.32  Criteria for including species in the approved list for 
non-captive-bred species.

    Upon receipt of a completed sustainable use management plan for a 
country of export, the Director may approve a species listed in 
Appendices II or III of the Convention for importation from that 
country. Such approval shall be granted in accordance with the issuance 
criteria of this section. All approved species and countries of export 
will be listed in section 15.33.
    (a) Requirements for scientifically-based sustainable use management 
plans. Sustainable use management plans developed by the country of 
export should be submitted for species which breed in the country of 
export. If the species does not breed in the country of export, the 
Service will consider sustainable use management plans only when the 
plan is scientifically valid and nesting (breeding) information can be 
provided from countries in which the species breeds. Sustainable use 
management plans shall include the following information, and any other 
information that may be appropriate:
    (1) Background information, including the following:
    (i) The scientific and common name of the species;
    (ii) Letters from the country of export's Management and Scientific 
Authorities transmitting the management plan of this species;
    (iii) A summary of the country of export's legislation related to 
this species and legislation implementing the Convention, and, where 
appropriate, a summary of implementing regulations;
    (iv) A summary, from the country of export's Management Authority, 
of the country's infrastructure and law enforcement and monitoring 
mechanisms designed to ensure both enforcement of and compliance with 
the requirements of the management plan, and that the number of birds 
removed from the wild or exported will be consistent with the management 
plan;
    (v) Recent information on the distribution of the species within the 
country of export, including scientific references and maps, and 
historical information on distributions, if relevant; and
    (vi) The species' status and its current population trend in the 
country of export, including scientific references and copies of the 
most recent non-detriment findings made by the exporting country's 
Scientific Authority.
    (2) Habitat information, including:
    (i) A general description of habitats used by the species for each 
portion of the life cycle completed within the country of export;
    (ii) Recent information on the size and distribution of these 
habitats throughout the country of export and in each area or region of 
take, including scientific references and maps. The approximate location 
of any reserves that provide protection for this species should be 
indicated on the accompanying map(s), along with a brief description of 
how reserves are protected and how that protection is enforced;
    (iii) Status and trends of the important habitats used by the 
species in the country of export as a whole whenever available and 
within each area or region of take, including scientific references;
    (iv) Factors, including management activities, favoring or 
threatening the species' habitat in the foreseeable future within each 
area or region of take, and throughout the country of export whenever 
available, including scientific references; and
    (v) A list of management plans that have been or are being planned, 
developed, or implemented for the species' important habitats, if any.
    (3) Information on the role of the species in its ecosystem, 
including:
    (i) A description of the part(s) of the species' life cycle 
completed within the country of export;
    (ii) A description of nest sites and/or plant communities that are 
most frequently used for placement of nests and, if applicable, nesting 
habits;
    (iii) A general description of the species' diet and where the 
species forages (aerial feeder, tree canopy, tree trunk, midstory, 
understory, open water or other), and seasonal changes in foraging 
habits, including, when available, scientific references; and
    (iv) Information on any species or plant community which is 
dependent on the occurrence of the exotic bird species.

[[Page 89]]

    (4) Population dynamics of the species, including:
    (i) Recent population data for the population of the species in the 
country of export, as derived from indices of relative abundance or 
population estimates, along with documentation for each estimate;
    (ii) Within each area or region of take, documentation for recent 
population data or estimates, conducted for at least 3 separate years or 
1 year with a description of survey plans for future years. These 
population assessments should have been conducted during the same season 
(breeding or non-breeding) of each year for which documentation is 
submitted (i.e., be methodologically comparable--both temporally and 
spatially);
    (iii) Within each area or region of take, a scientific assessment 
(with documentation) of recent reproductive (nesting) success. This 
assessment should include information on the number of young produced 
per egg-laying female per year or per nesting pair, or if scientifically 
appropriate for the species to be exported, estimates on the number of 
young produced per year from pre-breeding and post-breeding surveys 
conducted within the same annual cycle;
    (iv) Within each area or region of take, estimation (with 
documentation) of annual mortality or loss including natural mortality 
and take for subsistence use, export trade, and domestic trade in each 
area of take; or
    (v) When appropriate, information (with documentation) on the number 
of young which can be taken from the area, as a result of a conservation 
enhancement program.
    (5) Determination of biologically sustainable use:
    (i) Estimation of the number exported from the country during the 
past 2 years, and the number of birds removed from the wild for export, 
domestic trade, illegal trade, subsistence use, and other purposes 
(specify) for the country of export during the past 2 years;
    (ii) The estimated number of birds that will be removed from the 
wild from each area of take each year for all purposes (export trade, 
domestic trade, illegal trade, and subsistence use), including a 
description of age-classes (nestlings, fledglings, sub-adults, adults, 
all classes), when applicable;
    (iii) For the projected take addressed in the management plan, a 
description of the removal process, including, but not limited to, 
locations, time of year, capture methods, means of transport, and pre-
export conditioning;
    (iv) Documentation of how each projected level of take was 
determined;
    (v) Explanation of infrastructure and law enforcement and monitoring 
mechanisms that ensure compliance with the methodology in the management 
plan and that the species will be removed at a level that ensures 
sustainable use; and
    (vi) Description of how species in each area or region of take will 
be monitored in order to determine whether the number and age classes of 
birds taken is sustainable.
    (6)(i) For species that are considered ``pests'' in the country of 
origin: documentation that such a species is a pest, including a 
description of the type of pest,--e.g., agricultural, disease carrier; a 
description of the damage the pest species causes to its ecosystem; and 
a description of how the sustainable use management plan controls 
population levels of the pest species.
    (ii) For non-pest species: A description of how the sustainable use 
management plan promotes the value of the species and its habitats. 
Incentives for conservation may be generated by environmental education, 
cooperative efforts or projects, development of cooperative management 
units, and/or activities involving local communities.
    (7) Additional factors:
    (i) Description of any existing enhancement activities developed for 
the species, including, but not limited to, annual banding programs, 
nest watching/guarding, and nest improvement; and
    (ii) Description, including photographs or diagrams, of the shipping 
methods and enclosures proposed to be used to transport the exotic 
birds, including but not limited to feeding and care during transport, 
densities of birds in shipping enclosures, and estimated consignment 
sizes.
    (b) Approval criteria. Upon receiving a sustainable use management 
plan in

[[Page 90]]

accordance with paragraph (a) of this section, the Director will decide 
whether or not an exotic bird species should be listed as an approved 
species for importation from the country of export, under section 15.33. 
In making this decision, the Director shall consider in addition to the 
general criteria in part 13 of this subchapter, all of the following 
factors for the species:
    (1) Whether the country of export is effectively implementing the 
Convention, particularly with respect to:
    (i) Establishment of a functioning Scientific Authority;
    (ii) The requirements of Article IV of the Convention;
    (iii) Remedial measures recommended by the Parties to the Convention 
with respect to this and similar species, including recommendations of 
permanent committees of the Convention; and
    (iv) Article VIII of the Convention, including but not limited to 
establishment of legislation and infrastructure necessary to enforce the 
Convention, and submission of annual reports to the Convention's 
Secretariat;
    (2) Whether the country of export has developed a scientifically-
based management plan for the species that:
    (i) Provides for the conservation of the species and its habitat(s);
    (ii) Includes incentives for conservation unless the species is a 
documented pest species;
    (iii) Is adequately implemented and enforced;
    (iv) Ensures that the use of the species is:
    (A) Sustainable;
    (B) Maintained throughout its range at a level that is consistent 
with the species' role in its ecosystem; and
    (C) Is well above the level at which the species might become 
threatened;
    (v) Addresses illegal trade, domestic trade, subsistence use, 
disease, and habitat loss; and
    (vi) Ensures that the methods of capture, transport, and maintenance 
of the species minimize the risk of injury, damage to health, and 
inhumane treatment; and
    (3) If the species has a multi-national distribution:
    (i) Whether populations of the species in other countries in which 
it occurs will not be detrimentally affected by exports of the species 
from the country requesting approval;
    (ii) Whether factors affecting conservation of the species, 
including export from other countries, illegal trade, domestic use, or 
subsistence use are regulated throughout the range of the species so 
that recruitment and/or breeding stocks of the species will not be 
detrimentally affected by the proposed export;
    (iii) Whether the projected take and export will not detrimentally 
affect breeding populations; and
    (iv) Whether the projected take and export will not detrimentally 
affect existing enhancement activities, conservation programs, or 
enforcement efforts throughout the species' range.
    (4) For purposes of applying the criterion in paragraph (b)(2)(iv) 
of this section, the Director may give positive consideration to plans 
wherein very conservative capture and export quotas are implemented 
prior to being able to obtain all of the biological information 
necessary for a more large-scale management plan, if the country can 
demonstrate that such conservative capture and export quotas are non-
detrimental to the species survival in the wild under the criterion in 
paragraph (b)(2)(iv) of this section.
    (c) Publication in the Federal Register. The Director shall publish 
notice in the Federal Register of the availability of each complete 
sustainable use management plan received under paragraph (a) of this 
section. Each notice shall invite the submission from interested parties 
of written data, views, or arguments with respect to the proposed 
approval.
    (d) Duration of approval. A species and country of export listed in 
section 15.33 as approved shall be approved for 3 years, at which time 
renewal of approval shall be considered by the Service.

[61 FR 2091, Jan. 24, 1996]



Sec. 15.33  Species included in the approved list.

    (a) Captive-bred species. The list in this paragraph includes 
species of captive-bred exotic birds for which importation into the 
United States is not

[[Page 91]]

prohibited by section 15.11. The species are grouped taxonomically by 
order.

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

    (b) Non-captive-bred species. The list in this paragraph includes 
species of non-captive-bred exotic birds and countries for which 
importation into the United States is not prohibited by section 15.11. 
The species are grouped taxonomically by order, and may only be imported 
from the approved country, except as provided under a permit

[[Page 92]]

issued pursuant to subpart C of this part.

[59 FR 62262, Dec. 2, 1994, as amended at 61 FR 2093, Jan. 24, 1996]



   Subpart E_Qualifying Facilities Breeding Exotic Birds in Captivity



Sec. 15.41  Criteria for including facilities as qualifying for 
imports. [Reserved]



Sec. 15.42  List of foreign qualifying breeding facilities. [Reserved]



Subpart F_List of Prohibited Species Not Listed in the Appendices to the 
                               Convention



Sec. 15.51  Criteria for including species and countries in the prohibited 
list. [Reserved]



Sec. 15.52  Species included in the prohibited list. [Reserved]



Sec. 15.53  Countries of export included in the prohibited list. 
[Reserved]



PART 16_INJURIOUS WILDLIFE--Table of Contents




                         Subpart A_Introduction

Sec.
16.1 Purpose of regulations.
16.2 Scope of regulations.
16.3 General restrictions.

         Subpart B_Importation or Shipment of Injurious Wildlife

16.11 Importation of live wild mammals.
16.12 Importation of live wild birds or their eggs.
16.13 Importation of live or dead fish, mollusks, and crustaceans, or 
          their eggs.
16.14 Importation of live amphibians or their eggs.
16.15 Importation of live reptiles or their eggs.

                            Subpart C_Permits

16.22 Injurious wildlife permits.

                     Subpart D_Additional Exemptions

16.32 Importation by Federal agencies.
16.33 Importation of natural-history specimens.

    Authority: 18 U.S.C. 42.

    Source: 39 FR 1169, Jan. 4, 1974, unless otherwise noted.



                         Subpart A_Introduction



Sec. 16.1  Purpose of regulations.

    The regulations contained in this part implement the Lacey Act (18 
U.S.C. 42).



Sec. 16.2  Scope of regulations.

    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 importation, 
exportation, and interstate transportation of wildlife (see also part 
13).



Sec. 16.3  General restrictions.

    Any importation or transportation of live wildlife or eggs thereof, 
or dead fish or eggs or salmonids of the fish family Salmonidae into the 
United States or its territories or possessions is deemed to be 
injurious or potentially injurious to the health and welfare of human 
beings, to the interest of forestry, agriculture, and horticulture, and 
to the welfare and survival of the wildlife or wildlife resources of the 
United States; and any such importation into or the transportation of 
live wildlife or eggs thereof between the continental United States, the 
District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any 
territory or possession of the United States by any means whatsoever, is 
prohibited except for certain purposes and under certain conditions as 
hereinafter provided in this part: Provided, That the provisions of this 
section shall not apply to psittacine birds (see also Sec. Sec. 16.32 
and 16.33 for other exemptions).



         Subpart B_Importation or Shipment of Injurious Wildlife



Sec. 16.11  Importation of live wild mammals.

    (a) The importation, transportation, or acquisition is prohibited of 
live specimens of: (1) Any species of so-called ``flying fox'' or fruit 
bat of the genus Pteropus; (2) any species of mongoose or meerkat of the 
genera Atilax, Cynictis, Helogale, Herpestes, Ichneumia, Mungos, and 
Suricata; (3) any species of European rabbit of the genus

[[Page 93]]

Oryctolagus; (4) any species of Indian wild dog, red dog, or dhole of 
the genus Cuon; (5) any species of multimammate rat or mouse of the 
genus Mastomys; (6) any raccoon dog, Nyctereutes procyonoides; and (7) 
any brushtail possum, Trichosurus vulpecula: Provided, that the Director 
shall issue permits authorizing the importation, transportation, and 
possession of such mammals under the terms and conditions set forth in 
Sec. 16.22.
    (b) Upon the filing of a written declaration with the District 
Director of Customs at the port of entry as required under Sec. 14.61, 
all other species of live wild mammals may be imported, transported, and 
possessed in captivity, without a permit, for scientific, medical, 
educational, exhibition, or propagating purposes, but no such live wild 
mammals or any progeny thereof may be released into the wild except by 
the State wildlife conservation agency having jurisdiction over the area 
of release or by persons having prior written permission for release 
from such agency: Provided, That the provisions of this paragraph shall 
not apply to live game mammals from Mexico, the importation of which is 
governed by regulations under part 14 of this chapter.

[39 FR 1169, Jan. 4, 1974, as amended at 47 FR 56362, Dec. 16, 1982; 67 
FR 39868, June 11, 2002]



Sec. 16.12  Importation of live wild birds or their eggs.

    (a) The importation, transportation, or acquisition is prohibited of 
any live specimen or egg of (1) the species of so-called ``pink 
starling'' or ``rosy pastor'' Sturnus roseus; (2) the species of dioch 
(including the subspecies black-fronted, red-billed, or Sudan dioch) 
Quelea quelea; (3) any species of Java sparrow, Padda oryzivora; (4) the 
species of red-whiskered bul-bul, Pycnonotus jocosus: Provided, That the 
Director shall issue permits authorizing the importation, 
transportation, and possession of such live birds under the terms and 
conditions set forth in Sec. 16.22.
    (b) Upon the filing of a written declaration with the District 
Director of Customs at the port of entry as required under Sec. 14.61, 
all species of live wild game, birds may be imported, transported, and 
possessed in captivity, without a permit, for scientific, medical, 
educational, exhibition, or propagating purposes, and the eggs of such 
birds may be imported, transported, and possessed, without a permit, for 
propagating or scientific collection purposes, but no such live wild 
game birds or any progeny thereof may be released into the wild except 
by the State wildlife conservation agency having jurisdiction over the 
area of release or by persons having prior written permission for 
release from such agency.
    (c) Upon the filing of a written declaration with the District 
Director of Customs at the port of entry as required under Sec. 14.61, 
all species of live, wild nongame birds (other than those listed in 
paragraph (a) of this section) may be imported, transported, and 
possessed in captivity, without a permit, for scientific, medical, 
educational, exhibition, or propagating purposes, but no such live, wild 
nongame birds or any progeny thereof may be released into the wild 
except by or under the direction of State wildlife conservation agencies 
when such agencies have received prior written permission from the 
Director for such release: Provided, That the provisions of this 
paragraph shall not apply to live bald and golden eagles or to live 
migratory birds, the importation of which is governed by regulations 
under parts 22 and 21 of this chapter, respectively, or to birds of the 
Family Psittacidae (parrots, macaws, cockatoos, parakeets, lories, 
lovebirds, etc.), the importation and transportation of which is 
governed by U.S. Public Health Service regulations under 42 CFR parts 71 
and 72.
    (d) The importation of the eggs of wild nongame birds is prohibited 
except as permitted under Sec. 16.33.



Sec. 16.13  Importation of live or dead fish, mollusks, and crustaceans, 
or their eggs.

    (a) Upon an exporter filing a written declaration with the District 
Director of Customs at the port of entry as required under Sec. 14.61 
of this chapter, live or dead fish, mollusks, and crustaceans, or parts 
thereof, or their gametes or fertilized eggs, may be imported, 
transported, and possessed in

[[Page 94]]

captivity without a permit except as follows:
    (1) No such live fish, mollusks, crustacean, or any progency or eggs 
thereof may be released into the wild except by the State wildlife 
conservation agency having jurisdiction over the area of release or by 
persons having prior written permission from such agency.
    (2) The importation, transportation, or acquisition of any of the 
species listed in this paragraph is prohibited except as provided under 
the terms and conditions set forth in Sec. 16.22:
    (i) Live fish or viable eggs of walking catfish, family Clariidae;
    (ii) Live mitten crabs, genus Eriocheir, or their viable eggs;
    (iii) Live mollusks, veligers, or viable eggs of zebra mussels, 
genus Dreissena; and
    (iv) Any live fish or viable eggs of snakehead fishes of the genera 
Channa and Parachanna (or their generic synonyms of Bostrychoides, 
Ophicephalus, Ophiocephalus, and Parophiocephalus) of the Family 
Channidae, including but not limited to:
    (A) Channa amphibeus (Chel or Borna snakehead).
    (B) Channa argus (Northern or Amur snakehead).
    (C) Channa asiatica (Chinese or Northern Green snakehead).
    (D) Channa aurantimaculata.
    (E) Channa bankanensis (Bangka snakehead).
    (F) Channa baramensis (Baram snakehead).
    (G) Channa barca (barca or tiger snakehead).
    (H) Channa bleheri (rainbow or jewel snakehead).
    (I) Channa cyanospilos (bluespotted snakehead).
    (J) Channa gachua (dwarf, gaucha, or frog snakehead).
    (K) Channa harcourtbutleri (Inle snakehead).
    (L) Channa lucius (shiny or splendid snakehead).
    (M) Channa maculata (blotched snakehead).
    (N) Channa marulius (bullseye, murrel, Indian, great, or cobra 
snakehead).
    (O) Channa maruloides (emperor snakehead).
    (P) Channa melanoptera.
    (Q) Channa melasoma (black snakehead).
    (R) Channa micropeltes (giant, red, or redline snakehead).
    (S) Channa nox.
    (T) Channa orientalis (Ceylon or Ceylonese Green snakehead).
    (U) Channa panaw.
    (V) Channa pleurophthalmus (ocellated, spotted, or eyespot 
snakehead).
    (W) Channa punctata (dotted or spotted snakehead).
    (X) Channa stewartii (golden snakehead).
    (Y) Channa striata (chevron or striped snakehead).
    (Z) Parachanna africana (Niger or African snakehead).
    (AA) Parachanna insignis (Congo, square-spotted African or light 
African snakehead).
    (BB) Parachanna obscura (dark African, dusky, or square-spotted 
snakehead).
    (3) Notwithstanding Sec. 16.32, all Federal agencies shall be 
subject to the requirements stated within this section. Live or dead 
uneviscerated salmonid fish (family Salmonidae), live fertilized eggs, 
or gametes of salmonid fish are prohibited entry into the United States 
for any purpose except by direct shipment accompanied by a certification 
that: as defined in paragraph (e)(1) of this section, the fish lots, 
from which the shipments originated, have been sampled; virus assays 
have been conducted on the samples according to methods described in 
paragraphs (e)(2) through (4); of this section; and Oncorhynchus masou 
virus and the viruses causing viral hemorrhagic septicemia, infectious 
hematopoietic necrosis, and infectious pancreatic necrosis have not been 
detected in the fish stocks from which the samples were taken. In 
addition, live salmonid fish can be imported into the United States only 
upon written approval from the Director of the U.S. Fish and Wildlife 
Service.
    (4) All live fish eggs of salmonid fish must be disinfected within 
24 hours prior to shipment to the United States. Disinfection shall be 
accomplished by immersion for 15 minutes in a 75 part per million 
(titratable active iodine) non-detergent solution of 
polyvinylpyrrolidone iodine (iodophor)

[[Page 95]]

buffered to a pH of 6.0 to 7.0. Following disinfection, the eggs shall 
be rinsed and maintained in water free of fish pathogens until packed 
and shipped. Any ice or water used for shipping shall be from pathogen-
free water.
    (b)(1) The certification to accompany importations as required by 
this section shall consist of a statement in the English language, 
printed or typewritten, stating that this shipment of dead uneviscerated 
salmonid fish, live salmonid fish, or live, disinfected fertilized eggs 
or gametes of salmonid fish has been tested, by the methods outlined in 
this section, and none of the listed viruses were detected. The 
certification shall be signed in the country of origin by a qualified 
fish pathologist designated as a certifying official by the Director.
    (2) The certification must contain:
    (i) The date and port of export in the country of origin and the 
anticipated date of arrival in the United States and port of entry;
    (ii) Surface vessel name or number or air carrier and flight number;
    (iii) Bill of lading number or airway bill number;
    (iv) The date and location where fish, tissue, or fluid samples were 
collected;
    (v) The date and location where virus assays were completed; and
    (vi) The original handwritten signature, in ink, of the certifying 
official and his or her address and telephone number.
    (3) Certification may be substantially in the following form:

    I, --------, designated by the Director of the U.S. Fish and 
Wildlife Service on -------- (date), as a certifying official for ------
-- (country), as required by Title 50, CFR 16.13, do hereby certify that 
the fish lot(s) of origin for this shipment of -------- (weight in 
kilograms) dead uneviscerated salmonid fish, live salmonid fish, live 
salmonid fish eggs disinfected as described in Sec. 16.13, or live 
salmonid gametes to be shipped under -------- (bill of lading number or  
airway  bill  number),  were  sampled  at -------- (location  of  fish  
facility)  on -------- (sampling date) and the required viral assays 
were completed on -------- (date assays were completed) at -------- 
(location where assays were conducted) using the methodology described 
in Sec. 16.13. I further certify that Oncorhynchus masou virus and the 
viruses causing viral hemorrhagic septicemia, infectious hematopoietic 
necrosis, and infectious pancreatic necrosis have not been detected in 
viral assays of the fish lot(s) of origin.
    The shipment is scheduled to depart -------- (city and country) on 
-------- (date), via -------- (name of carrier) with anticipated arrival 
at the port of -------- (city), U.S.A., on -------- (date).

________________________________________________________________________
(Signature in ink of certifying official)

________________________________________________________________________
(Printed name of certifying official)
Date:___________________________________________________________________
Organization employing certifying official:_____________________________
Mailing address:________________________________________________________
City:___________________________________________________________________
State/Province:_________________________________________________________
Zip Code/Mail Code:_____________________________________________________
Country:________________________________________________________________
Office telephone number: International code_____________________________
Telephone number________________________________________________________
Fax number______________________________________________________________

    (c) Nothing in this part shall restrict the importation and 
transportation of dead salmonid fish when such fish have been 
eviscerated (all internal organs removed, gills may remain) or filleted 
or when such fish or eggs have been processed by canning, pickling, 
smoking, or otherwise prepared in a manner whereby the Oncorhynchus 
masou virus and the viruses causing viral hemorrhagic septicemia, 
infectious hematopoietic necrosis, and infectious pancreatic necrosis 
have been killed.
    (d) Any fish caught in the wild in North America under a valid sport 
or commercial fishing license shall be exempt from sampling and 
certification requirements and from filing the Declaration for 
Importation of Wildlife. The Director may enter into formal agreements 
allowing the importation of gametes, fertilized eggs, live fish, or 
dead, uneviscerated fish without inspection and certification of 
pathogen status, if the exporting Nation has an acceptable program of 
inspection and pathogen control in operation, can document the 
occurrence and distribution of fish pathogens within its boundaries, and 
can demonstrate that importation of salmonid fishes into the United 
States from that National will not pose a substantial risk to the public 
and private fish stocks of the United States.
    (e) Fish sampling requirements, sample processing, and methods for 
virus assays--(1) Fish sampling requirements. (i) Sampling for virus 
assays required by this section must be conducted within

[[Page 96]]

the six (6) months prior to the date of shipment of dead uneviscerated 
salmonid fish, live salmonid fish, live salmonid eggs, or salmonid 
gametes to the United States. Sampling shall be on a lot-by-lot basis 
with the samples from each lot distinctively marked, maintained, and 
processed for virus assay separately. A fish lot is defined as a group 
of fish of the same species and age that originated from the same 
discrete spawning population and that always have shared a common water 
supply. In the case of adult broodstock, various age groups of the same 
fish species may be sampled as a single lot, provided they meet the 
other conditions previously stated and have shared the same container(s) 
for at least 1 year prior to the sampling date.
    (ii) In a sample, or sub-sample of a given lot, collection of 10 or 
more moribund fish shall be given first preference. The remainder of 
fish required for collection shall be randomly selected live fish from 
all containers occupied by the lot being sampled. Moribund fish shall be 
collected and processed separately from randomly selected fish. In the 
event the sample is taken from adult broodstock of different ages that 
share the same container, first preference shall be given to collecting 
samples from the older fish.
    (iii) The minimum sample numbers collected from each lot must be in 
accordance with a plan that provides 95 percent confidence that at least 
one fish, with a detectable level of infection, will be collected and 
will be present in the sample if the assumed minimum prevalence of 
infection equals or exceeds 2 percent. A total of 150 fish collected 
proportionately from among all containers shared by the lot usually 
meets this requirement. A sampling strategy based on a presumed pathogen 
prevalence of 5 percent (60 fish) may be used to meet sampling 
requirements for shipments of gametes, fertilized eggs, or uneviscerated 
dead fish; provided that in the previous 2 years no disease outbreaks 
caused by a pathogen of concern have occurred at the facility from which 
the shipment originated and all stocks held at the facility have been 
inspected at least four times during that period (at intervals of 
approximately 6 months) and no pathogens of concern detected.
    (iv) Fish must be alive when collected and processed within 48 hours 
after collection. Tissue and fluid samples shall be stored in sealed, 
aseptic containers and kept at 4[deg] Celsius (C.) or on ice but not 
frozen.
    (v) Tissue collection shall be as follows:
    (A) Sac Fry and fry to 4 centimeter (cm): Assay entire fish. If 
present, remove the yolk sac.
    (B) Fish 4-6 cm: Assay entire visceral mass including kidney.
    (C) Fish longer than 6 cm: Assay kidney and spleen in approximately 
equal weight proportions.
    (D) Spawning adult broodstock: Assay kidney and spleen tissues from 
males and/or females and ovarian fluid from females. Ovarian fluid may 
comprise up to 50 percent of the samples collected.
    (2) General sample processing requirements. (i) Ovarian fluid 
samples shall be collected from each spawning female separately. All 
samples from individual fish shall be measured to ensure that similar 
quantities from each fish are combined if samples are pooled. Ovarian 
fluid samples from no more than five fish may be combined to form a 
pool.
    (ii) Whole fry (less yolk sacs), viscera, and kidney and spleen 
tissues from no more than five fish may be similarly pooled.
    (iii) Antibiotics and antifungal agents may be added to ovarian 
fluid or tissue samples to control microbial contaminant growth at the 
time of sample collection. Final concentrations shall not exceed 200-500 
micrograms/milliliter ([micro]g/ml) of Gentamycin, 800 international 
units/milliliter (IU/ml) of penicillin, or 800 [micro]g/ml of 
streptomycin. Antifungal agent concentrations should not exceed 200 IU/
ml of mycostatin (Nystatin) of 20 [micro]g/ml of amphotericin B 
(Fungizone).
    (iv) Sample temperature must be maintained between 4 at 15 [deg]C. 
during processing. Use separate sets of sterile homogenization and 
processing equipment to process fluids or tissues from each fish lot 
sampled. Processing equipment need not be sterilized between samples 
within a single lot.

[[Page 97]]

    (v) Homogenized tissue samples may be diluted 1:10 with buffered 
cell culture medium (pH 7.4-7.8) containing antibiotics and antifungal 
agents not exceeding the concentrations described in paragraph 
(e)(2)(iii) of this section. Centrifuge tissue suspensions and ovarian 
fluid samples 4 [deg]C. at 2,500 x gravity (g) (relative centrifugal 
force) for 15 minutes. Resulting supernatant solutions can be stored 
overnight at 4 [deg]C.
    (vi) At the time of inoculation onto cell cultures, total dilution 
of processed tissue samples must not exceed 1:100 ((volume to volume) 
(v/v)); total dilution of ovarian fluid samples must not exceed 1:20 (v/
v). In samples inoculated onto cell cultures, the final antibiotic 
concentration shall not exceed 100 [micro]g/ml of Gentamicin, 100 IU/ml 
of penicillin, or 100 [micro]g/ml of streptomycin and antifungal agent 
concentrations should not exceed 25 IU/ml of mycostatin (Nystatin) or 
2.5 [micro]g/ml of amphotericin B (Fungizone).
    (3) Cell culture procedures. (i) Both epithelioma papulosum cyprini 
(EPC) and chinook salmon embryo (CHSE-214) cell lines must be maintained 
and used in all virus assays. Susceptible, normal appearing, and rapidly 
dividing cell cultures shall be selected. Penicillin (100 IU/ml), 
streptomycin (100 [micro]g/ml), and antifungal agents, such as 
mycostatin/Nystatin (25 IU/ml) or amphotericin B/Fungizone (2.5 
[micro]g/ml), are permitted in media used for cell culture and virus 
assay work.
    (ii) Cell cultures shall be seeded and grown, at optimum 
temperatures, to 80-90 percent confluence in 24-well plates for virus 
assay work.
    (iii) Decant the medium from the required number of 24-well plates 
of each cell line, and inoculate four replicate wells per cell line with 
.10 ml per well of each processed sample. When all wells have been 
inoculated, tilt plates to spread the inocula evenly. Incubate 
inoculated plates for 1 hour at 15 [deg]C. for sample contact. After the 
1 hour contact add cell culture medium. Medium shall be buffered or 
cells incubated so that a pH between 7.4 and 7.8 is maintained. All cell 
culture assays shall be incubated, without overlays, at 15 [deg]C. for 
21 days.
    (4) Virus identification by serological methods. All cell cultures 
showing cytopathic effects (CPE) must be sub-cultured onto fresh cell 
cultures. If CPE is observed, determine the presence and identity the 
virus by serum neutralization, dot blot, enzyme-linked immunosorbent 
assay, or other equivalent serological technique.
    (f) Information concerning the importation requirements of this 
section and application requirements for designation as a certifying 
official for purposes of this section may be obtained by contacting: 
U.S. Department of the Interior, U.S. Fish and Wildlife Service, 
Division of Fish Hatcheries (820 Arlington Square), 1849 C Street, NW., 
Washington, DC 20240. Telephone 703-358-1878.
    (g) The information collection requirements contained in this part 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance number 1018-0078. The 
information is being collected to inform U.S. Customs and USFWS 
inspectors of the contents, origin, routing, and destination of fish and 
eggs shipments and to certify that the fish lots were inspected for 
listed pathogens. The information will be used to protect the health of 
the fishery resource. Response is required to obtain a benefit.

[58 FR 58979, Nov. 5, 1993, as amended at 65 FR 37063, June 13, 2000; 67 
FR 62203, Oct. 4, 2002]



Sec. 16.14  Importation of live amphibians or their eggs.

    Upon the filing of a written declaration with the District Director 
of Customs at the port of entry as required under Sec. 14.61, all 
species of live amphibians or their eggs may be imported, transported, 
and possessed in captivity, without a permit, for scientific, medical, 
education, exhibition, or propagating purposes, but no such live 
amphibians or any progeny or eggs thereof may be released into the wild 
except by the State wildlife conservation agency having jurisdiction 
over the area of release or by persons having prior written permission 
for release from such agency.

[[Page 98]]



Sec. 16.15  Importation of live reptiles or their eggs.

    (a) The importation, transportation, or acquisition is prohibited of 
any live specimen or egg of the brown tree snake (Boiga irregularis): 
Provided, that the Director shall issue permits authorizing the 
importation, transportation, and possession of such live snakes or 
viable eggs under the terms and conditions set forth in Sec. 16.22.
    (b) Upon the filing of a written declaration with the District 
Director of Customs at the port of entry as required under Sec. 14.61, 
all other species of live reptiles or their eggs may be imported, 
transported, and possessed in captivity, without a permit, for 
scientific, medical, educational, exhibitional or propagating purposes, 
but no such live reptiles or any progency or eggs thereof may be 
released into the wild except by the State wildlife conservation agency 
having jurisdiction over the area of release or by persons having prior 
written permission for release from such agency.

[55 FR 17441, Apr. 25, 1990]



                            Subpart C_Permits



Sec. 16.22  Injurious wildlife permits.

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
the importation into or shipment between the continental United States, 
the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or 
any possession of the United States of injurious wildlife (See subpart B 
of this part) for zoological, educational, medical, or scientific 
purposes.
    (a) Application requirements. Submit applications for permits to 
import, transport or acquire injurious wildlife for such purposes to the 
Director, U.S. Fish and Wildlife Service, (Attention: Office of 
Management Authority), 4401 N. Fairfax Drive, Room 700, Arlington, VA 
22203. Submit applications in writing on a Federal Fish and Wildlife 
License/Permit application (Form 3-200) and attach all of the following 
information:
    (1) The number of specimens and the common and scientific names 
(genus and species) of each species of live wildlife proposed to be 
imported or otherwise acquired, transported and possessed;
    (2) The purpose of such importation or other acquisition, 
transportation and possession;
    (3) The address of the premises where such live wildlife will be 
kept in captivity;
    (4) A statement of the applicant's qualifications and previous 
experience in caring for and handling captive wildlife.
    (b) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits to import 
or ship injurious wildlife for zoological, educational, medical, or 
scientific purposes shall be subject to the following conditions:
    (1) All live wildlife acquired under permit and all progeny thereof, 
must be confined in the approved facilities on the premises authorized 
in the permit.
    (2) No live wildlife, acquired under permit, or any eggs or progeny 
thereof, may be sold, donated, traded, loaned, or transferred to any 
other person unless such person has a permit issued by the Director 
under Sec. 16.22 authorizing him to acquire and possess such wildlife 
or the eggs or progeny thereof.
    (3) Permittees shall notify the nearest Special Agent-in-Charge (see 
Sec. 10.22 of this chapter) by telephone or other expedient means 
within 24 hours following the escape of any wildlife imported or 
transported under authority of a permit issued under this section, or 
the escape of any progeny of such wildlife, unless otherwise 
specifically exempted by terms of the permit.
    (c) Issuance criteria. The Director shall consider the following in 
determining whether to issue a permit to import or ship injurious 
wildlife for zoological, educational, medical, or scientific purposes:
    (1) Whether the wildlife is being imported or otherwise acquired for 
a bona fide scientific, medical, educational, or zoological exhibition 
purpose;
    (2) Whether the facilities for holding the wildlife in captivity 
have been inspected and approved, and consist of a

[[Page 99]]

basic cage or structure of a design and material adequate to prevent 
escape which is maintained inside a building or other facility of such 
structure that the wildlife could not escape from the building or other 
facility after escaping from the cage or structure maintained therein;
    (3) Whether the applicant is a responsible person who is aware of 
the potential dangers to public interests posed by such wildlife, and 
who by reason of his knowledge, experience, and facilities reasonably 
can be expected to provide adequate protection for such public 
interests; and
    (4) If such wildlife is to be imported or otherwise acquired for 
zoological or aquarium exhibition purposes, whether such exhibition or 
display will be open to the public during regular appropriate hours.
    (d) The Office of Management and Budget approved the information 
collection requirements contained in this part 16 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 average 2 
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 (1018-0093), Washington, DC 20603.

[39 FR 1169, Jan. 4, 1974, as amended at 47 FR 30786, July 15, 1982; 63 
FR 52634, Oct. 1, 1998]



                     Subpart D_Additional Exemptions



Sec. 16.32  Importation by Federal agencies.

    Nothing in this part shall restrict the importation and 
transportation, without a permit, of any live wildlife by Federal 
agencies solely for their own use, upon the filing of a written 
declaration with the District Director of Customs at the port of entry 
as required under Sec. 14.61: Provided, That the provisions of this 
section shall not apply to bald and golden eagles or their eggs, or to 
migratory birds or their eggs, the importations of which are governed by 
regulations under parts 22 and 21 of this chapter, respectively.



Sec. 16.33  Importation of natural-history specimens.

    Nothing in this part shall restrict the importation and 
transportation, without a permit, of dead natural-history specimens of 
wildlife or their eggs for museum or scientific collection purposes: 
Provided, That the provisions of this section shall not apply to dead 
migratory birds, the importation of which is governed by regulations 
under parts 20 and 21 of this chapter; to dead game mammals from Mexico, 
the importation of which is governed by regulations under part 14 of 
this chapter; or to dead bald and golden eagles or their eggs, the 
importation of which is governed by regulations under part 22 of this 
chapter.


[[Page 101]]

                              FINDING AIDS


------------------------------------------------------------------------

    A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

    Material Approved for Incorporation by Reference
    Table of CFR Titles and Chapters
    Alphabetical List of Agencies Appearing in the CFR
    List of CFR Sections Affected

[[Page 103]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 2005)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


50 CFR (PARTS 1-16)

UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR
                                                                  50 CFR


International Air Transport Association

  2000 Peel St., Montreal, Quebec, Canada H3A 2R4
Live Animal Regulations, 20th Edition, October 1,                 14.106
  1993.

[[Page 105]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2005)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (Parts 200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements [Reserved]


                        Title 3--The President

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

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)

[[Page 106]]

        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
        LV  National Endowment for the Arts (Part 6501)
       LVI  National Endowment for the Humanities (Part 6601)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
     LXVII  Institute of Museum and Library Services (Part 7701)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)

[[Page 107]]

    LXXVII  Office of Management and Budget (Part 8701)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Part 
                9701)

                      Title 6--Homeland Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)

[[Page 108]]

        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

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

                 Title 9--Animals and Animal Products

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

[[Page 109]]

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

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

[[Page 110]]

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

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

[[Page 111]]

             Title 17--Commodity and Securities Exchanges

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

          Title 18--Conservation of Power and Water Resources

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

                       Title 19--Customs Duties

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

                     Title 20--Employees' Benefits

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

                       Title 21--Food and Drugs

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

[[Page 112]]

                      Title 22--Foreign Relations

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

                          Title 23--Highways

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

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)

[[Page 113]]

        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)

[[Page 114]]

        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

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

                            Title 29--Labor

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

[[Page 115]]

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)

[[Page 116]]

    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

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

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                         Title 35--[Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)

[[Page 117]]

       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

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

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)

[[Page 118]]

       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

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

[[Page 119]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

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

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)

[[Page 120]]

        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees' 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  [Reserved]
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)

[[Page 121]]

        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 122]]

        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 (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 123]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2005)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

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

[[Page 124]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 125]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I, IV, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II

[[Page 126]]

  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 127]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V; 42, I
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General

[[Page 128]]

  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I, XI; 40, 
                                                  IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A

[[Page 129]]

  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV

[[Page 130]]

Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI

[[Page 131]]

Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 133]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

50 CFR
                                                                   66 FR
                                                                    Page
Chapter I
13 Affirmation of effective date....................................6483

                                  2002

50 CFR
                                                                   67 FR
                                                                    Page
Chapter I
11 Nomenclature change.............................................38208
14.12 Revised......................................................11262
16.11 (a) revised..................................................39868

                                  2003

                       (No regulations published)

                                  2004

50 CFR
                                                                   69 FR
                                                                    Page
Chapter I
13 Authority citation revised......................................24092
13.25 (b) introductory text revised; (c) and (d) redesignated as 
        (d) and (e); new (c) added.................................24092
14.12 Revised......................................................70382
14.106 Nomenclature change.........................................18803

                                  2005

  (Regulations published from January 1, 2005 through October 1, 2005)

50 CFR
                                                                   70 FR
                                                                    Page
Chapter I
13 Authority citation revised......................................18317
13.3 Revised.......................................................18317
13.11 Revised......................................................18317
13.12 (a)(9) revised...............................................18319
13.21 (e)(1) revised...............................................18319
13.42 Revised......................................................18320


                                  [all]