[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2018 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 50
Wildlife and Fisheries
________________________
Parts 1 to 16
Revised as of October 1, 2018
Containing a codification of documents of general
applicability and future effect
As of October 1, 2018
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT OFFICIAL EDITION NOTICE
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 50:
Chapter I--United States Fish and Wildlife Service,
Department of the Interior 3
Finding Aids:
Table of CFR Titles and Chapters........................ 113
Alphabetical List of Agencies Appearing in the CFR...... 133
List of CFR Sections Affected........................... 143
[[Page iv]]
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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.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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
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To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
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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
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inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
the revision date stated on the cover of each volume are not carried.
Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
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the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
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``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
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INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
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This material, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director of the
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approval is based are:
(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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and Finding Aids. This volume contains the Parallel Table of Authorities
and Rules. A list of CFR titles, chapters, subchapters, and parts and an
alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
An index to the text of ``Title 3--The President'' is carried within
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REPUBLICATION OF MATERIAL
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INQUIRIES
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Oliver A. Potts,
Director,
Office of the Federal Register
October 1, 2018
[[Page ix]]
THIS TITLE
Title 50--Fish and Wildlife is composed of thirteen volumes. The
parts in these volumes are arranged in the following order: Parts 1-16;
part 17 (17.1 to 17.95(a)), part 17 (17.95(b)), part (17.95(c) to (e)),
part 17 (17.95(f) to end of 17.95), part 17 (17.96 to 17.98), part 17
(17.99(a) to 17.99(h)), part 17 (17.99(i) to end of part 17), parts 18-
199, parts 200-227, parts 228-599, parts 600-659, and part 660 to end.
The first nine volumes consist of parts 1-16, part 17 (17.1 to
17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to (e)), part 17
(17.95(f) to end of 17.95), part 17 (17.96 to 17.98), part 17 (17.99(a)
to 17.99(h), part 17 (17.99(i) to end of part 17), and parts 18-199 and
contain the current regulations issued under chapter I--United States
Fish and Wildlife Service, Department of the Interior. The tenth volume
(parts 200-227) contains the current regulations issued under chapter
II--the National Marine Fisheries Service, National Oceanic and
Atmospheric Administration. The eleventh volume (parts 228-599) contains
the remaining current regulations issued under chapter II--National
Marine Fisheries Service, National Oceanic and Atmospheric
Administration, Department of Commerce; and the current regulations
issued under chapter III--International Fishing and Related Activities,
chapter IV--Joint Regulations (United States Fish and Wildlife Service,
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 twelfth and thirteenth volumes (parts 600-
659 and part 660 to end) contain 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, 2018.
Alphabetical listings of endangered and threatened wildlife and
plants appear in Sec. Sec. 17.11 and 17.12.
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 John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 50--WILDLIFE AND FISHERIES
(This book contains parts 1 to 16)
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Part
chapter i--United States Fish and Wildlife Service,
Department of the Interior................................ 1
[[Page 3]]
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR
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SUBCHAPTER A--GENERAL PROVISIONS
Part Page
1 Definitions................................. 5
2 Agency organization and locations........... 5
3 Nondiscrimination--contracts, permits, and
use of facilities....................... 7
SUBCHAPTER B--TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE,
BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS
10 General provisions.......................... 8
11 Civil procedures............................ 30
12 Seizure and forfeiture procedures........... 34
13 General permit procedures................... 44
14 Importation, exportation, and transportation
of wildlife............................. 57
15 Wild Bird Conservation Act.................. 86
16 Injurious wildlife.......................... 98
[[Page 5]]
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_AGENCY ORGANIZATION AND LOCATIONS--Table of Contents
Sec.
2.1 Headquarters.
2.2 Regional offices.
Authority: 5 U.S.C. 301.
Sec. 2.1 Headquarters.
The U.S. Fish and Wildlife Service is composed of a main office in
the Washington, DC, area, referred to as ``Headquarters''; eight
regional offices, which are described in Sec. 2.2; and a variety of
field installations, a nationwide network of law enforcement agents, and
a number of field study teams for biological and ecological activities.
Headquarters includes the Office of the Director, as well as program
areas headed by Assistant Directors.
(a) The address for the Office of the Director is: Office of the
Director, U.S. Fish and Wildlife Service, Main Interior, 1849 C Street
NW., Room 3331, Washington, DC 20240-0001.
(b) The address of Headquarters program areas is: U.S. Fish and
Wildlife Service Headquarters, MS: [Insert appropriate Mail Stop from
table], 5275 Leesburg Pike, Falls Church, VA 22041-3803.
[[Page 6]]
------------------------------------------------------------------------
Headquarters program Mail stop
------------------------------------------------------------------------
Business Management and Operations............. MS: BMO.
Budget, Planning and Human Capital, including:
Service's Information MS: BPHC.
Collection Clearance Officer.
External Affairs............................... MS: EA.
Ecological Services, Including:
Division of MS: ES.
Environmental Review.
Fish and Aquatic Conservation, including:
Division of Fish and MS: FAC.
Aquatic Conservation Programs.
International Affairs, including:
Division of Management MS: IA.
Authority.
Division of Scientific
Authority.
Information Resource and Technology Management. MS: IRTM.
Migratory Birds, including:
Division of Migratory MS: MB.
Bird Management.
Division of Bird Habitat
Conservation.
National Wildlife Refuge System................ MS: NWRS.
Office of Diversity and Inclusive Workforce MS: ODIWM.
Management.
Office of Law Enforcement...................... MS: OLE.
Science Applications........................... MS: SA.
Wildlife and Sport Fish Restoration............ MS: WSFR.
------------------------------------------------------------------------
[79 FR 43963, July 29, 2014]
Sec. 2.2 Regional offices.
The U.S. Fish and Wildlife Service has eight regional offices that
are responsible for implementing national policies. Each Regional
Director has jurisdiction over Service activities performed by field
installations in the State(s) encompassed by the region. Field
installations include ecological services stations, endangered species
stations, fishery assistance offices, national fish hatcheries, national
wildlife refuges, research laboratories, and wildlife assistance
offices. 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. The geographic jurisdictions and addresses of the U.S.
Fish and Wildlife regional offices are as follows:
(a) Pacific Regional Office (Region 1--comprising the States of
Hawaii, Idaho, Oregon, and Washington; the Commonwealth of the Northern
Mariana Islands; and American Samoa, Guam, and other Pacific
possessions), Eastside Federal Complex, 911 NE. 11th Avenue, Portland,
Oregon 97232.
(b) Southwest 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 87102.
(c) Midwest Regional Office (Region 3--comprising the States of
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and
Wisconsin), 5600 American Boulevard West, Suite 990, Bloomington,
Minnesota 55437.
(d) Southeast 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 Boulevard, Suite 400, Atlanta, Georgia 30345.
(e) Northeast 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) Mountain-Prairie 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),
Lakewood, Colorado 80228.
(g) Alaska Regional Office (Region 7--comprising the State of
Alaska), 1011 E. Tudor Road, Anchorage, Alaska 99503.
(h) Pacific Southwest Regional Office (Region 8--comprising the
States of California and Nevada), 2800 Cottage
[[Page 7]]
Way, Room W-2606, Sacramento, California 95825.
[78 FR 35151, June 12, 2013, as amended at 79 FR 43963, July 29, 2014]
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 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: 16 U.S.C. 668a-d, 703-712, 742a-j-l, 1361-1384, 1401-
1407, 1531-1543, 3371-3378; 18 U.S.C. 42; 19 U.S.C. 1202.
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]]
District of Columbia, Commonwealth of Puerto Rico, American Samoa, U.S.
Virgin Islands, Guam, Commonwealth of the Northern Mariana Islands,
Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman
Reef, Midway Atoll, Navassa Island, Palmyra Atoll, and Wake Atoll, and
any other territory or possession under the jurisdiction of the United
States.
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; 72 FR 48445, Aug. 23, 2007]
Sec. 10.13 List of Migratory Birds.
(a) Legal authority for this list. The legal authorities for this
list are the Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703-712), the
Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 742l), and the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a-742j). The MBTA implements
Conventions between the United States and four neighboring countries for
the protection of migratory birds, as follows:
(1) Canada: Convention between the United States and Great Britain
[on behalf of Canada] for the Protection of Migratory Birds, August 16,
1916, 39 Stat. 1702 (T.S. No. 628), as amended;
(2) Mexico: Convention between the United States and Mexico for the
Protection of Migratory Birds and Game Mammals, February 7, 1936, 50
Stat. 1311 (T.S. No. 912), as amended;
(3) Japan: Convention between the Government of the United States of
America and the Government of Japan for the Protection of Migratory
Birds and Birds in Danger of Extinction, and Their Environment, March 4,
1972, 25 U.S.T. 3329 (T.I.A.S. No. 7990); and
(4) Russia: Convention between the United States of America and the
Union of Soviet Socialist Republics Concerning the Conservation of
Migratory Birds and Their Environment, November 19, 1976, 20 U.S.T. 4647
(T.I.A.S. No. 9073).
(b) Purpose of this list. The purpose is to inform the public of the
species protected by regulations that enforce the terms of the MBTA.
These regulations, found in parts 10, 20, and 21 of this chapter, cover
most aspects of the taking, possession, transportation, sale, purchase,
barter, exportation, and importation of migratory birds.
(c) What species are protected as migratory birds? Species protected
as migratory birds are listed in two formats to suit the varying needs
of the user: Alphabetically in paragraph (c)(1) of this section and
taxonomically in paragraph (c)(2) of this section. Taxonomy and
nomenclature generally follow the 7th edition of the American
Ornithologists' Union's Check-list of North American birds (1998, as
amended through 2010). For species not treated by the AOU Check-list, we
generally follow The Clements Checklist of Birds of the World (Clements
2007).
(1) Alphabetical listing. Species are listed alphabetically by
common (English) group names, with the scientific name of each species
following the common name.
ACCENTOR, Siberian, Prunella montanella
AKEKEE, Loxops caeruleirostris
AKEPA, Loxops coccineus
AKIALOA, Greater, Hemignathus ellisianus
AKIAPOLAAU, Hemignathus munroi
AKIKIKI, Oreomystis bairdi
AKOHEKOHE, Palmeria dolei
ALAUAHIO, Maui, Paroreomyza montana
Oahu, Paroreomyza maculata
ALBATROSS, Black-browed, Thalassarche melanophris
Black-footed, Phoebastria nigripes
Laysan, Phoebastria immutabilis
Light-mantled, Phoebetria palpebrata
Short-tailed, Phoebastria albatrus
Shy, Thalassarche cauta
Wandering, Diomedea exulans
Yellow-nosed, Thalassarche chlororhynchos
AMAKIHI, Hawaii, Hemignathus virens
Kauai, Hemignathus kauaiensis
Oahu, Hemignathus flavus
ANHINGA, Anhinga anhinga
ANI, Groove-billed, Crotophaga sulcirostris
Smooth-billed, Crotophaga ani
ANIANIAU, Magumma parva
APAPANE, Himatione sanguinea
AUKLET, Cassin's, Ptychoramphus aleuticus
Crested, Aethia cristatella
Least, Aethia pusilla
Parakeet, Aethia psittacula
Rhinoceros, Cerorhinca monocerata
Whiskered, Aethia pygmaea
AVOCET, American, Recurvirostra americana
BEAN-GOOSE, Taiga, Anser fabalis
Tundra, Anser serrirostris
BEARDLESS-TYRANNULET, Northern, Camptostoma imberbe
BECARD, Rose-throated, Pachyramphus aglaiae
[[Page 12]]
BITTERN, American, Botaurus lentiginosus
Black, Ixobrychus flavicollis
Least, Ixobrychus exilis
Schrenck's, Ixobrychus eurhythmus
Yellow, Ixobrychus sinensis
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
BLUETAIL, Red-flanked, Tarsiger cyanurus
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, Bucephala albeola
BULLFINCH, Eurasian, Pyrrhula pyrrhula
Puerto Rican, Loxigilla portoricensis
BUNTING, Blue, Cyanocompsa parellina
Gray, Emberiza variabilis
Indigo, Passerina cyanea
Little, Emberiza pusilla
Lark, Calamospiza melanocorys
Lazuli, Passerina amoena
McKay's, Plectrophenax hyperboreus
Painted, Passerina ciris
Pallas's, Emberiza pallasi
Pine, Emberiza leucocephalos
Reed, Emberiza schoeniclus
Rustic, Emberiza rustica
Snow, Plectrophenax nivalis
Varied, Passerina versicolor
Yellow-breasted, Emberiza aureola
Yellow-browed, Emberiza chrysophrys
Yellow-throated, Emberiza elegans
BUSHTIT, Psaltriparus minimus
CANVASBACK, Aythya valisineria
CARACARA, Crested, Caracara cheriway
CARDINAL, Northern, Cardinalis cardinalis
CARIB, Green-throated, Eulampis holosericeus
Purple-throated, Eulampis jugularis
CATBIRD, Black, Melanoptila glabrirostris
Gray, Dumetella carolinensis
CHAFFINCH, Common, Fringilla coelebs
CHAT, Yellow-breasted, Icteria virens
CHICKADEE, Black-capped, Poecile atricapillus
Boreal, Poecile hudsonicus
Carolina, Poecile carolinensis
Chestnut-backed, Poecile rufescens
Gray-headed, Poecile cinctus
Mexican, Poecile sclateri
Mountain, Poecile gambeli
CHUCK-WILL'S-WIDOW, Caprimulgus carolinensis
CONDOR, California, Gymnogyps californianus
COOT, American, Fulica americana
Caribbean, Fulica caribaea
Eurasian, Fulica atra
Hawaiian, Fulica alai
CORMORANT, Brandt's, Phalacrocorax penicillatus
Double-crested, Phalacrocorax auritus
Great, Phalacrocorax carbo
Little Pied, Phalacrocorax melanoleucos
Neotropic, Phalacrocorax brasilianus
Pelagic, Phalacrocorax pelagicus
Red-faced, Phalacrocorax urile
COWBIRD, Bronzed, Molothrus aeneus
Brown-headed, Molothrus ater
Shiny, Molothrus bonariensis
CRAKE, Corn, Crex crex
Paint-billed, Neocrex erythrops
Spotless, Porzana tabuensis
Yellow-breasted, Porzana flaviventer
CRANE, Common, Grus grus
Sandhill, Grus canadensis
Whooping, Grus americana
CREEPER, Brown, Certhia americana
Hawaii, Oreomystis mana
CROSSBILL, Red, Loxia curvirostra
White-winged, Loxia leucoptera
CROW, American, Corvus brachyrhynchos
Fish, Corvus ossifragus
Hawaiian, Corvus hawaiiensis
Mariana, Corvus kubaryi
Northwestern, Corvus caurinus
Tamaulipas, Corvus imparatus
White-necked, Corvus leucognaphalus
CUCKOO, Black-billed, Coccyzus erythropthalmus
Common, Cuculus canorus
Mangrove, Coccyzus minor
Oriental, Cuculus optatus
Yellow-billed, Coccyzus americanus
CURLEW, Bristle-thighed, Numenius tahitiensis
Eskimo, Numenius borealis
Eurasian, Numenius arquata
Far Eastern, Numenius madagascariensis
Little, Numenius minutus
Long-billed, Numenius americanus
DICKCISSEL, Spiza americana
DIPPER, American, Cinclus mexicanus
DOTTEREL, Eurasian, Charadrius morinellus
DOVE, Inca, Columbina inca
Mourning, Zenaida macroura
White-tipped, Leptotila verreauxi
White-winged, Zenaida asiatica
Zenaida, Zenaida aurita
DOVEKIE, Alle alle
DOWITCHER, Long-billed, Limnodromus scolopaceus
Short-billed, Limnodromus griseus
DUCK, American Black, Anas rubripes
Eastern Spot-billed, Anas zonorhyncha
Falcated, Anas falcata
Harlequin, Histrionicus histrionicus
Hawaiian, Anas wyvilliana
[[Page 13]]
Laysan, Anas laysanensis
Long-tailed, Clangula hyemalis
Masked, Nomonyx dominicus
Mottled, Anas fulvigula
Muscovy, Cairina moschata
Pacific Black, Anas superciliosa
Ring-necked, Aythya collaris
Ruddy, Oxyura jamaicensis
Tufted, Aythya fuligula
Wood, Aix sponsa
DUNLIN, Calidris alpina
EAGLE, Bald, Haliaeetus leucocephalus
Golden, Aquila chrysaetos
White-tailed, Haliaeetus albicilla
EGRET, Cattle, Bubulcus ibis
Chinese, Egretta eulophotes
Great, Ardea alba
Intermediate, Mesophoyx intermedia
Little, Egretta garzetta
Reddish, Egretta rufescens
Snowy, Egretta thula
EIDER, Common, Somateria mollissima
King, Somateria spectabilis
Spectacled, Somateria fischeri
Steller's, Polysticta stelleri
ELAENIA, Caribbean, Elaenia martinica
Greenish, Myiopagis viridicata
White-crested, Elaenia albiceps
EMERALD, Puerto Rican, Chlorostilbon maugaeus
EUPHONIA, Antillean, Euphonia musica
FALCON, Aplomado, Falco femoralis
Peregrine, Falco peregrinus
Prairie, Falco mexicanus
Red-footed, Flaco vespertinus
FIELDFARE, Turdus pilaris
FINCH, Cassin's, Carpodacus cassinii
House, Carpodacus mexicanus
Laysan, Telespiza cantans
Nihoa, Telespiza ultima
Purple, Carpodacus purpureus
FLAMINGO, American, Phoenicopterus ruber
FLICKER, Gilded, Colaptes chrysoides
Northern, Colaptes auratus
FLYCATCHER, Acadian, Empidonax virescens
Alder, Empidonax alnorum
Ash-throated, Myiarchus cinerascens
Asian Brown, Muscicapa dauurica
Brown-crested, Myiarchus tyrannulus
Buff-breasted, Empidonax fulvifrons
Cordilleran, Empidonax occidentalis
Crowned Slaty, Empidonomus aurantioatrocristatus
Dark-sided, Muscicapa sibirica
Dusky, Empidonax oberholseri
Dusky-capped, Myiarchus tuberculifer
Fork-tailed, Tyrannus savana
Gray, Empidonax wrightii
Gray-streaked, Muscicapa griseisticta
Great Crested, Myiarchus crinitus
Hammond's, Empidonax hammondii
La Sagra's, Myiarchus sagrae
Least, Empidonax minimus
Mugimaki, Ficedula mugimaki
Narcissus, Ficedula narcissina
Nutting's, Myiarchus nuttingi
Olive-sided, Contopus cooperi
Pacific-slope, Empidonax difficilis
Piratic, Legatus leucophalus
Puerto Rican, Myiarchus antillarum
Scissor-tailed, Tyrannus forficatus
Social, Myiozetetes similis
Spotted, Muscicapa striata
Sulphur-bellied, Myiodynastes luteiventris
Taiga, Ficedula albicilla
Tufted, Mitrephanes phaeocercus
Variegated, Empidonomus varius
Vermilion, Pyrocephalus rubinus
Willow, Empidonax traillii
Yellow-bellied, Empidonax flaviventris
FOREST-FALCON, Collared, Micrastur semitorquatus
FRIGATEBIRD, Great, Fregata minor
Lesser, Fregata ariel
Magnificent, Fregata magnificens
FROG-HAWK, Gray, Accipiter soloensis
FRUIT-DOVE, Crimson-crowned, Ptilinopus porphyraceus
Many-colored, Ptilinopus perousii
Mariana, Ptilinopus roseicapilla
FULMAR, Northern, Fulmarus glacialis
GADWALL, Anas strepera
GALLINULE, Azure, Porphyrio flavirostris
Purple, Porphyrio martinica
GANNET, Northern, Morus bassanus
GARGANEY, Anas querquedula
GNATCATCHER, Black-capped, Polioptila nigriceps
Black-tailed, Polioptila melanura
Blue-gray, Polioptila caerulea
California, Polioptila californica
GODWIT, Bar-tailed, Limosa lapponica
Black-tailed, Limosa limosa
Hudsonian, Limosa haemastica
Marbled, Limosa fedoa
GOLDEN-PLOVER, American, Pluvialis dominica
European, Pluvialis apricaria
Pacific, Pluvialis fulva
GOLDENEYE, Barrow's, Bucephala islandica
Common, Bucephala clangula
GOLDFINCH, American, Spinus tristis
Lawrence's, Spinus lawrencei
Lesser, Spinus psaltria
GOOSE, Barnacle, Branta leucopsis
Canada, Branta canadensis (including Cackling Goose, Branta
hutchinsii)
Emperor, Chen canagica
Greater White-fronted, Anser albifrons
Hawaiian, Branta sandvicensis
Lesser White-fronted, Anser erythropus
Ross's, 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 olivaceus
GREBE, Clark's, Aechmophorus clarkii
Eared, Podiceps nigricollis
[[Page 14]]
Horned, Podiceps auritus
Least, Tachybaptus dominicus
Pied-billed, Podilymbus podiceps
Red-necked, Podiceps grisegena
Western, Aechmophorus occidentalis
GREENFINCH, Oriental, Chloris sinica
GREENSHANK, Common, Tringa nebularia
Nordmann's, Tringa guttifer
GROSBEAK, Black-headed, Pheucticus melanocephalus
Blue, Passerina caerulea
Crimson-collared, Rhodothraupis celaeno
Evening, Coccothraustes vespertinus
Pine, Pinicola enucleator
Rose-breasted, Pheucticus ludovicianus
Yellow, Pheucticus chrysopeplus
GROUND-DOVE, Common, Columbina passerina
Friendly, Gallicolumba stairi
Ruddy, Columbina talpacoti
White-throated, Gallicolumba xanthonura
GUILLEMOT, Black, Cepphus grylle
Pigeon, Cepphus columba
GULL, Belcher's, Larus belcheri
Black-headed, Chroicocephalus ridibundus
Black-tailed, Larus crassirostris
Bonaparte's, Chroicocephalus philadelphia
California, Larus californicus
Franklin's, Leucophaeus pipixcan
Glaucous, Larus hyperboreus
Glaucous-winged, Larus glaucescens
Gray-hooded, Chroicocephalus cirrocephalus
Great Black-backed, Larus marinus
Heermann's, Larus heermanni
Herring, Larus argentatus
Iceland, Larus glaucoides
Ivory, Pagophila eburnea
Kelp, Larus dominicanus
Laughing, Leucophaeus atricilla
Lesser Black-backed, Larus fuscus
Little, Hydrocoloeus minutus
Mew, Larus canus
Ring-billed, Larus delawarensis
Ross's, Rhodostethia rosea
Sabine's, Xema sabini
Slaty-backed, Larus schistisagus
Swallow-tailed, Creagrus furcatus
Thayer's, Larus thayeri
Western, Larus occidentalis
Yellow-footed, Larus livens
Yellow-legged, Larus michahellis
GYRFALCON, Falco rusticolus
HARRIER, Northern, Circus cyaneus
HAWFINCH, Coccothraustes coccothraustes
HAWK, Broad-winged, Buteo platypterus
Cooper's, Accipiter cooperii
Crane, Geranospiza caerulescens
Ferruginous, Buteo regalis
Gray, Buteo nitidus
Harris's, Parabuteo unicinctus
Hawaiian, Buteo solitarius
Red-shouldered, Buteo lineatus
Red-tailed, Buteo jamaicensis
Roadside, Buteo magnirostris
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, Brown, Ninox scutulata
HERON, Gray, Ardea cinerea
Great Blue, Ardea herodias
Green, Butorides virescens
Little Blue, Egretta caerulea
Tricolored, Egretta tricolor
HOBBY, Eurasian, Falco subbuteo
HOOPOE, Eurasian, Upupa epops
HOUSE-MARTIN, Common, Delichon urbicum
HUMMINGBIRD, Allen's, Selasphorus sasin
Anna's, Calypte anna
Antillean Crested, Orthorhyncus cristatus
Berylline, Amazilia beryllina
Black-chinned, Archilochus alexandri
Blue-throated, Lampornis clemenciae
Broad-billed, Cynanthus latirostris
Broad-tailed, Selasphorus platycercus
Buff-bellied, Amazilia yucatanensis
Bumblebee, Atthis heloisa
Calliope, Stellula calliope
Cinnamon, Amazilia rutila
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
Xantus's, Hylocharis xantusii
IBIS, Glossy, Plegadis falcinellus
Scarlet, Eudocimus ruber
White, Eudocimus albus
White-faced, Plegadis chihi
IIWI, Vestiaria coccinea
IMPERIAL-PIGEON, Pacific, Ducula pacifica
JABIRU, Jabiru mycteria
JACANA, Northern, Jacana spinosa
JAEGER, Long-tailed, Stercorarius longicaudus
Parasitic, Stercorarius parasiticus
Pomarine, Stercorarius pomarinus
JAY, Blue, Cyanocitta cristata
Brown, Psilorhinus morio
Gray, Perisoreus canadensis
Green, Cyanocorax yncas
Mexican, Aphelocoma ultramarina
Pinyon, Gymnorhinus cyanocephalus
Steller's, Cyanocitta stelleri
JUNCO, Dark-eyed, Junco hyemalis
Yellow-eyed, Junco phaeonotus
KAKAWAHIE, Paroreomyza flammea
KAMAO, Myadestes myadestinus
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
[[Page 15]]
KINGFISHER, Belted, Megaceryle alcyon
Collared, Todirhamphus chloris
Green, Chloroceryle americana
Micronesian, Todirhamphus cinnamominus
Ringed, Megaceryle torquata
KINGLET, Golden-crowned, Regulus satrapa
Ruby-crowned, Regulus calendula
KISKADEE, Great, Pitangus sulphuratus
KITE, Black, Milvus migrans
Hook-billed, Chondrohierax uncinatus
Mississippi, Ictinia mississippiensis
Snail, Rostrhamus sociabilis
Swallow-tailed, Elanoides forficatus
White-tailed, Elanus leucurus
KITTIWAKE, Black-legged, Rissa tridactyla
Red-legged, Rissa brevirostris
KNOT, Great, Calidris tenuirostris
Red, Calidris canutus
LAPWING, Northern, Vanellus vanellus
LARK, Horned, Eremophila alpestris
Sky, Alauda arvensis
LEAF-WARBLER, Pallas's, Phylloscopus proregulus
LIMPKIN, Aramus guarauna
LIZARD-CUCKOO, Puerto Rican, Coccyzus vieilloti
LONGSPUR, Chestnut-collared, Calcarius ornatus
Lapland, Calcarius lapponicus
McCown's, Rhynchophanes mccownii
Smith's, Calcarius pictus
LOON, Arctic, Gavia arctica
Common, Gavia immer
Pacific, Gavia pacifica
Red-throated, Gavia stellata
Yellow-billed, Gavia adamsii
MAGPIE, Black-billed, Pica hudsonia
Yellow-billed, Pica nuttalli
MALLARD, Anas platyrhynchos
MANGO, Antillean, Anthracothorax dominicus
Green, Anthracothorax viridis
Green-breasted, Anthracothorax prevostii
MARTIN, Brown-chested, Progne tapera
Caribbean, Progne dominicensis
Cuban, Progne cryptoleuca
Gray-breasted, Progne chalybea
Purple, Progne subis
Southern, Progne elegans
MEADOWLARK, Eastern, Sturnella magna
Western, Sturnella neglecta
MERGANSER, Common, Mergus merganser
Hooded, Lophodytes cucullatus
Red-breasted, Mergus serrator
MERLIN, Falco columbarius
MILLERBIRD, Acrocephalus familiaris
MOCKINGBIRD, Bahama, Mimus gundlachii
Blue, Melanotis caerulescens
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
Long-billed, Brachyramphus perdix
Marbled, Brachyramphus marmoratus
Xantus's, Synthliboramphus hypoleucus
NEEDLETAIL, White-throated, Hirundapus caudacutus
NIGHT-HERON, Black-crowned, Nycticorax nycticorax
Japanese, Gorsachius goisagi
Malayan, Gorsachius melanolophus
Yellow-crowned, Nyctanassa violacea
NIGHTHAWK, Antillean, Chordeiles gundlachii
Common, Chordeiles minor
Lesser, Chordeiles acutipennis
NIGHTINGALE-THRUSH, Black-headed, Catharus mexicanus
Orange-billed, Catharus aurantiirostris
NIGHTJAR, Buff-collared, Caprimulgus ridgwayi
Gray, Caprimulgus indicus
Puerto Rican, Caprimulgus noctitherus
NODDY, Black, Anous minutus
Blue-gray, Procelsterna cerulea
Brown, Anous stolidus
NUKUPUU, Hemignathus lucidus
NUTCRACKER, Clark's, Nucifraga columbiana
NUTHATCH, Brown-headed, Sitta pusilla
Pygmy, Sitta pygmaea
Red-breasted, Sitta canadensis
White-breasted, Sitta carolinensis
OLOMAO, Myadestes lanaiensis
OMAO, Myadestes obscurus
ORIOLE, Altamira, Icterus gularis
Audubon's, Icterus graduacauda
Baltimore, Icterus galbula
Black-vented, Icterus wagleri
Bullock's, Icterus bullockii
Hooded, Icterus cucullatus
Orchard, Icterus spurius
Puerto Rican, Icterus portoricensis
Scott's, Icterus parisorum
Streak-backed, Icterus pustulatus
OSPREY, Pandion haliaetus
OU, Psittirostra psittacea
OVENBIRD, Seiurus aurocapilla
OWL, Barn, Tyto alba
Barred, Strix varia
Boreal, Aegolius funereus
Burrowing, Athene cunicularia
Elf, Micrathene whitneyi
Flammulated, Otus flammeolus
Great Gray, Strix nebulosa
Great Horned, Bubo virginianus
Long-eared, Asio otus
Mottled, Ciccaba virgata
Northern Hawk, Surnia ulula
Northern Saw-whet, Aegolius acadicus
Short-eared, Asio flammeus
Snowy, Bubo scandiacus
Spotted, Strix occidentalis
Stygian, Asio stygius
OYSTERCATCHER, American, Haematopus palliatus
Black, Haematopus bachmani
Eurasian, Haematopus ostralegus
PALILA, Loxioides bailleui
PALM-SWIFT, Antillean, Tachornis phoenicobia
[[Page 16]]
PARROTBILL, Maui, Pseudonestor xanthophrys
PARULA, Northern, Parula americana
Tropical, Parula pitiayumi
PAURAQUE, Common, Nyctidromus albicollis
PELICAN, American White, Pelecanus erythrorhynchos
Brown, Pelecanus occidentalis
PETREL, Bermuda, Pterodroma cahow
Black-capped, Pterodroma hasitata
Black-winged, Pterodroma nigripennis
Bonin, Pterodroma hypoleuca
Bulwer's, Bulweria bulwerii
Cook's, Pterodroma cookii
Gould's, Pterodroma leucoptera
Great-winged, Pterodroma macroptera
Hawaiian, Pterodroma sandwichensis
Herald, Pterodroma arminjoniana
Jouanin's, Bulweria fallax
Juan Fernandez, Pterodroma externa
Kermadec, Pterodroma neglecta
Mottled, Pterodroma inexpectata
Murphy's, Pterodroma ultima
Parkinson's, Procellaria parkinsoni
Phoenix, Pterodroma alba
Stejneger's, Pterodroma longirostris
Tahiti, Pterodroma rostrata
White-necked, Pterodroma cervicalis
PEWEE, Cuban, Contopus caribaeus
Greater, Contopus pertinax
Hispaniolan, Contopus hispaniolensis
Lesser Antillean, Contopus latirostris
PHAINOPEPLA, Phainopepla nitens
PHALAROPE, Red, Phalaropus fulicarius
Red-necked, Phalaropus lobatus
Wilson's, Phalaropus tricolor
PHOEBE, Black, Sayornis nigricans
Eastern, Sayornis phoebe
Say's, Sayornis saya
PIGEON, Band-tailed, Patagioenas fasciata
Plain, Patagioenas inornata
Red-billed, Patagioenas flavirostris
Scaly-naped, Patagioenas squamosa
White-crowned, Patagioenas leucocephala
PINTAIL, Northern, Anas acuta
White-cheeked, Anas bahamensis
PIPIT, American, Anthus rubescens
Olive-backed, Anthus hodgsoni
Pechora, Anthus gustavi
Red-throated, Anthus cervinus
Sprague's, Anthus spragueii
Tree, Anthus trivialis
PLOVER, Black-bellied, Pluvialis squatarola
Collared, Charadrius collaris
Common Ringed, Charadrius hiaticula
Little Ringed, Charadrius dubius
Mountain, Charadrius montanus
Piping, Charadrius melodus
Semipalmated, Charadrius semipalmatus
Snowy, Charadrius alexandrinus
Wilson's, Charadrius wilsonia
POCHARD, Baer's, Aythya baeri
Common, Aythya ferina
POND-HERON, Chinese, Ardeola bacchus
POORWILL, Common, Phalaenoptilus nuttallii
POO-ULI, Melamprosops phaeosoma
PUAIOHI, Myadestes palmeri
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
QUETZEL, Eared, Euptilotis neoxenus
RAIL, Black, Laterallus jamaicensis
Buff-banded, Gallirallus philippensis
Clapper, Rallus longirostris
Guam, Gallirallus owstoni
King, Rallus elegans
Spotted, Pardirallus maculatus
Virginia, Rallus limicola
Yellow, Coturnicops noveboracensis
RAVEN, Chihuahuan, Corvus cryptoleucus
Common, Corvus corax
RAZORBILL, Alca torda
REDHEAD, Aythya americana
REDPOLL, Common, Acanthis flammea
Hoary, Acanthis hornemanni
REDSHANK, Spotted, Tringa erythropus
REDSTART, American, Setophaga ruticilla
Painted, Myioborus pictus
Slate-throated, Myioborus miniatus
REED-WARBLER, Nightingale, Acrocephalus luscinia
REEF-EGRET, Pacific, Egretta sacra
REEF-HERON, Western, Egretta gularis
ROADRUNNER, Greater, Geococcyx californianus
ROBIN, American, Turdus migratorius
Rufous-backed, Turdus rufopalliatus
Rufous-tailed, Luscinia sibilans
Siberian Blue, Luscinia cyane
ROCK-THRUSH, Blue, Monticola solitarius
ROSEFINCH, Common, Carpodacus erythrinus
ROSY-FINCH, Black, Leucosticte atrata
Brown-capped, Leucosticte australis
Gray-crowned, Leucosticte tephrocotis
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
Green, Tringa ochropus
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
Spoon-billed, Eurynorhynchus pygmeus
Spotted, Actitis macularius
Stilt, Calidris himantopus
Terek, Xenus cinereus
[[Page 17]]
Upland, Bartramia longicauda
Western, Calidris mauri
White-rumped, Calidris fuscicollis
Wood, Tringa glareola
SAND-PLOVER, Greater, Charadrius leschenaultii
Lesser, Charadrius mongolus
SAPSUCKER, Red-breasted, Sphyrapicus ruber
Red-naped, Sphyrapicus nuchalis
Williamson's, Sphyrapicus thyroideus
Yellow-bellied, Sphyrapicus varius
SCAUP, Greater, Aythya marila
Lesser, Aythya affinis
SCOPS-OWL, Oriental, Otus sunia
SCOTER, Black, Melanitta americana
Surf, Melanitta perspicillata
White-winged, Melanitta fusca
SCREECH-OWL, Eastern, Megascops asio
Puerto Rican, Megascops nudipes
Western, Megascops kennicottii
Whiskered, Megascops trichopsis
SCRUB-JAY, Florida, Aphelocoma coerulescens
Island, Aphelocoma insularis
Western, Aphelocoma californica
SEA-EAGLE, Steller's, Haliaeetus pelagicus
SEEDEATER, White-collared, Sporophila torqueola
SHEARWATER, Audubon's, Puffinus lherminieri
Black-vented, Puffinus opisthomelas
Buller's, Puffinus bulleri
Cape Verde, Calonectris edwardsii
Christmas, Puffinus nativitatis
Cory's, Calonectris diomedea
Flesh-footed, Puffinus carneipes
Great, Puffinus gravis
Little, Puffinus assimilis
Manx, Puffinus puffinus
Pink-footed, Puffinus creatopus
Short-tailed, Puffinus tenuirostris
Sooty, Puffinus griseus
Streaked, Calonectris leucomelas
Townsend's, Puffinus auricularis
Wedge-tailed, Puffinus pacificus
SHOVELER, Northern, Anas clypeata
SHRIKE, Brown, Lanius cristatus
Loggerhead, Lanius ludovicianus
Northern, Lanius excubitor
SILKY-FLYCATCHER, Gray, Ptilogonys cinereus
SISKIN, Eurasian, Spinus spinus
Pine, Spinus pinus
SKIMMER, Black, Rynchops niger
SKUA, Great, Stercorarius skua
South Polar, Stercorarius maccormicki
SMEW, Mergellus albellus
SNIPE, Common, Gallinago gallinago
Jack, Lymnocryptes minimus
Pin-tailed, Gallinago stenura
Swinhoe's, Gallinago megala
Wilson's, Gallinago delicata
SOLITAIRE, Townsend's, Myadestes townsendi
SORA, Porzana carolina
SPARROW, American Tree, Spizella arborea
Bachman's, Peucaea aestivalis
Baird's, Ammodramus bairdii
Black-chinned, Spizella atrogularis
Black-throated, Amphispiza bilineata
Botteri's, Peucaea botterii
Brewer's, Spizella breweri
Cassin's, Peucaea cassinii
Chipping, Spizella passerina
Clay-colored, Spizella pallida
Field, Spizella pusilla
Five-striped, Amphispiza quinquestriata
Fox, Passerella iliaca
Golden-crowned, Zonotrichia atricapilla
Grasshopper, Ammodramus savannarum
Harris's, Zonotrichia querula
Henslow's, Ammodramus henslowii
Lark, Chondestes grammacus
Le Conte's, Ammodramus leconteii
Lincoln's, Melospiza lincolnii
Nelson's, Ammodramus nelsoni
Olive, Arremonops rufivirgatus
Rufous-crowned, Aimophila ruficeps
Rufous-winged, Peucaea carpalis
Sage, Amphispiza belli
Saltmarsh, Ammodramus caudacutus
Savannah, Passerculus sandwichensis
Seaside, Ammodramus maritimus
Song, Melospiza melodia
Swamp, Melospiza georgiana
Vesper, Pooecetes gramineus
White-crowned, Zonotrichia leucophrys
White-throated, Zonotrichia albicollis
Worthen's, Spizella wortheni
SPARROWHAWK, Japanese, Accipiter gularis
SPINDALIS, Puerto Rican, Spindalis portoricensis
Western, Spindalis zena
SPOONBILL, Roseate, Platalea ajaja
STARLING, Chestnut-cheeked, Sturnus philippensis
White-cheeked, Sturnus cineraceus
STARTHROAT, Plain-capped, Heliomaster constantii
STILT, Black-necked, Himantopus mexicanus
Black-winged, Himantopus himantopus
STINT, Little, Calidris minuta
Long-toed, Calidris subminuta
Red-necked, Calidris ruficollis
Temminck's, Calidris temminckii
STONECHAT, Saxicola torquatus
STORK, Wood, Mycteria americana
STORM-PETREL, Ashy, Oceanodroma homochroa
Band-rumped, Oceanodroma castro
Black, Oceanodroma melania
Black-bellied, Fregetta tropica
Fork-tailed, Oceanodroma furcata
Leach's, Oceanodroma leucorhoa
Least, Oceanodroma microsoma
Matsudaira's, Oceanodroma matsudairae
Polynesian, Nesofregetta fuliginosa
Ringed, Oceanodroma hornbyi
Swinhoe's, Oceanodroma monorhis
Tristram's, Oceanodroma tristrami
Wedge-rumped, Oceanodroma tethys
White-faced, Pelagodroma marina
White-bellied, Fregetta grallaria
[[Page 18]]
Wilson's, Oceanites oceanicus
SURFBIRD, Aphriza virgata
SWALLOW, Bahama, Tachycineta cyaneoviridis
Bank, Riparia riparia
Barn, Hirundo rustica
Cave, Petrochelidon fulva
Cliff, Petrochelidon pyrrhonota
Mangrove, Tachycineta albilinea
Northern Rough-winged, Stelgidopteryx serripennis
Tree, Tachycineta bicolor
Violet-green, Tachycineta thalassina
SWAMPHEN, Purple, Porphyrio porphyrio
SWAN, Trumpeter, Cygnus buccinator
Tundra, Cygnus columbianus
Whooper, Cygnus cygnus
SWIFT, Alpine, Apus melba
Black, Cypseloides niger
Chimney, Chaetura pelagica
Common, Apus apus
Fork-tailed, Apus pacificus
Short-tailed, Chaetura brachyura
Vaux's, Chaetura vauxi
White-collared, Streptoprocne zonaris
White-throated, Aeronautes saxatalis
SWIFTLET, Mariana, Aerodramus bartschi
White-rumped, Aerodramus spodiopygius
TANAGER, Flame-colored, Piranga bidentata
Hepatic, Piranga flava
Puerto Rican, Nesospingus speculiferus
Scarlet, Piranga olivacea
Summer, Piranga rubra
Western, Piranga ludoviciana
TATTLER, Gray-tailed, Tringa brevipes
Wandering, Tringa incana
TEAL, Baikal, Anas formosa
Blue-winged, Anas discors
Cinnamon, Anas cyanoptera
Green-winged, Anas crecca
TERN, Aleutian, Onychoprion aleuticus
Arctic, Sterna paradisaea
Black, Chlidonias niger
Black-naped, Sterna sumatrana
Bridled, Onychoprion anaethetus
Caspian, Hydroprogne caspia
Common, Sterna hirundo
Elegant, Thalasseus elegans
Forster's, Sterna forsteri
Gray-backed, Onychoprion lunatus
Great Crested, Thalasseus bergii
Gull-billed, Gelochelidon nilotica
Large-billed, Phaetusa simplex
Least, Sternula antillarum
Little, Sternula albifrons
Roseate, Sterna dougallii
Royal, Thalesseus maximus
Sandwich, Thalesseus sandvicensis
Sooty, Onychoprion fuscatus
Whiskered, Chlidonias hybrida
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
Bicknell's, Catharus bicknelli
Clay-colored, Turdus grayi
Dusky, Turdus naumanni
Eyebrowed, Turdus obscurus
Gray-cheeked, Catharus minimus
Hermit, Catharus guttatus
Red-legged, Turdus plumbeus
Swainson's, Catharus ustulatus
Varied, Ixoreus naevius
White-throated, Turdus assimilis
Wood, Hylocichla mustelina
TITMOUSE, Black-crested, Baeolophus atricristatus
Bridled, Baeolophus wollweberi
Juniper, Baeolophus ridgwayi
Oak, Baeolophus inornatus
Tufted, Baeolophus bicolor
TITYRA, Masked, Tityra semifasciata
TOWHEE, Abert's, Melozone aberti
California, Melozone crissalis
Canyon, Melozone fusca
Eastern, Pipilo erythrophthalmus
Green-tailed, Pipilo chlorurus
Spotted, Pipilo maculatus
TROGON, Elegant, Trogon elegans
TROPICBIRD, Red-billed, Phaethon aethereus
Red-tailed, Phaethon rubricauda
White-tailed, Phaethon lepturus
TURNSTONE, Black, Arenaria melanocephala
Ruddy, Arenaria interpres
TURTLE-DOVE, Oriental, Streptopelia orientalis
VEERY, Catharus fuscescens
VERDIN, Auriparus flaviceps
VIOLETEAR, Green, Colibri thalassinus
VIREO, Bell's, Vireo bellii
Black-capped, Vireo atricapilla
Black-whiskered, Vireo altiloquus
Blue-headed, Vireo solitarius
Cassin's, Vireo cassinii
Gray, Vireo vicinior
Hutton's, Vireo huttoni
Philadelphia, Vireo philadelphicus
Plumbeous, Vireo plumbeus
Puerto Rican, Vireo latimeri
Red-eyed, Vireo olivaceus
Thick-billed, Vireo crassirostris
Warbling, Vireo gilvus
White-eyed, Vireo griseus
Yellow-green, Vireo flavoviridis
Yellow-throated, Vireo flavifrons
Yucatan, Vireo magister
VULTURE, Black, Coragyps atratus
Turkey, Cathartes aura
WAGTAIL, Citrine, Motacilla citreola
Eastern Yellow, Motacilla tschutschensis
Gray, Motacilla cinerea
White, Motacilla alba
WARBLER, Adelaide's, Dendroica adelaidae
Arctic, Phylloscopus borealis
Bachman's, Vermivora bachmanii
Bay-breasted, Dendroica castanea
[[Page 19]]
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 cyanoptera
Canada, Wilsonia canadensis
Cape May, Dendroica tigrina
Cerulean, Dendroica cerulea
Chestnut-sided, Dendroica pensylvanica
Colima, Oreothlypis crissalis
Connecticut, Oporornis agilis
Crescent-chested, Oreothlypis superciliosa
Dusky, Phylloscopus fuscatus
Elfin-woods, Dendroica angelae
Fan-tailed, Euthlypis lachrymosa
Golden-cheeked, Dendroica chrysoparia
Golden-crowned, Basileuterus culicivorus
Golden-winged, Vermivora chrysoptera
Grace's, Dendroica graciae
Hermit, Dendroica occidentalis
Hooded, Wilsonia citrina
Kentucky, Oporornis formosus
Kirtland's, Dendroica kirtlandii
Lanceolated, Locustella lanceolata
Lucy's, Oreothlypis luciae
MacGillivray's, Oporornis tolmiei
Magnolia, Dendroica magnolia
Mourning, Oporornis philadelphia
Nashville, Oreothlypis ruficapilla
Olive, Peucedramus taeniatus
Orange-crowned, Oreothlypis celata
Palm, Dendroica palmarum
Pine, Dendroica pinus
Prairie, Dendroica discolor
Prothonotary, Protonotaria citrea
Red-faced, Cardellina rubrifrons
Rufous-capped, Basileuterus rufifrons
Sedge, Acrocephalus schoenobaenus
Swainson's, Limnothlypis swainsonii
Tennessee, Oreothlypis peregrina
Townsend's, Dendroica townsendi
Virginia's, Oreothlypis virginiae
Willow, Phylloscopus trochilus
Wilson's, Wilsonia pusilla
Wood, Phylloscopus sibilatrix
Worm-eating, Helmitheros vermivorum
Yellow, Dendroica petechia
Yellow-browed, Phylloscopus inornatus
Yellow-rumped, Dendroica coronata
Yellow-throated, Dendroica dominica
WATERTHRUSH, Louisiana, Parkesia motacilla
Northern, Parkesia noveboracensis
WAXWING, Bohemian, Bombycilla garrulus
Cedar, Bombycilla cedrorum
WHEATEAR, Northern, Oenanthe oenanthe
WHIMBREL, Numenius phaeopus
WHIP-POOR-WILL, Eastern, Caprimulgus vociferus
Mexican, Caprimulgus arizonae
WHISTLING-DUCK, Black-bellied, Dendrocygna autumnalis
Fulvous, Dendrocygna bicolor
West Indian, Dendrocygna arborea
WHITETHROAT, Lesser, Sylvia curruca
WIGEON, American, Anas americana
Eurasian, Anas penelope
WILLET, Tringa semipalmata
WOOD-PEWEE, Eastern, Contopus virens
Western, Contopus sordidulus
WOODCOCK, American, Scolopax minor
Eurasian, Scolopax rusticola
WOODPECKER, Acorn, Melanerpes formicivorus
American Three-toed, Picoides dorsalis
Arizona, Picoides arizonae
Black-backed, Picoides arcticus
Downy, Picoides pubescens
Gila, Melanerpes uropygialis
Golden-fronted, Melanerpes aurifrons
Great Spotted, Dendrocopos major
Hairy, Picoides villosus
Ivory-billed, Campephilus principalis
Ladder-backed, Picoides scalaris
Lewis's, 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
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
Pacific, Troglodytes pacificus
Rock, Salpinctes obsoletus
Sedge, Cistothorus platensis
Sinaloa, Thryothorus sinaloa
Winter, Troglodytes hiemalis
WRENTIT, Chamaea fasciata
WRYNECK, Eurasian, Jynx torquilla
YELLOWLEGS, Greater, Tringa melanoleuca
Lesser, Tringa flavipes
YELLOWTHROAT, Common, Geothlypis trichas
Gray-crowned, Geothlypis poliocephala
(2) Taxonomic listing. Species are listed in phylogenetic sequence
by scientific name, with the common (English) name following the
scientific name. To help clarify species relationships, we also list the
higher-level taxonomic categories of Order, Family, and Subfamily.
Order ANSERIFORMES
Family ANATIDAE
Subfamily DENDROCYGNINAE
Dendrocygna autumnalis, Black-bellied Whistling-Duck
Dendrocygna arborea, West Indian Whistling-Duck
Dendrocygna bicolor, Fulvous Whistling-Duck
Subfamily ANSERINAE
Anser fabalis, Taiga Bean-Goose
[[Page 20]]
Anser serrirostris, Tundra Bean-Goose
Anser albifrons, Greater White-fronted Goose
Anser erythropus, Lesser White-fronted Goose
Chen canagica, Emperor Goose
Chen caerulescens, Snow Goose
Chen rossii, Ross's Goose
Branta bernicla, Brant
Branta leucopsis, Barnacle Goose
Branta canadensis, Canada Goose (including Branta hutchinsii,
Cackling Goose)
Branta sandvicensis, Hawaiian Goose
Cygnus buccinator, Trumpeter Swan
Cygnus columbianus, Tundra Swan
Cygnus cygnus, Whooper Swan
Subfamily ANATINAE
Cairina moschata, Muscovy Duck
Aix sponsa, Wood Duck
Anas strepera, Gadwall
Anas falcata, Falcated Duck
Anas penelope, Eurasian Wigeon
Anas americana, American Wigeon
Anas rubripes, American Black Duck
Anas platyrhynchos, Mallard
Anas fulvigula, Mottled Duck
Anas wyvilliana, Hawaiian Duck
Anas laysanensis, Laysan Duck
Anas zonorhyncha, Eastern Spot-billed Duck
Anas superciliosa, Pacific Black Duck
Anas discors, Blue-winged Teal
Anas cyanoptera, Cinnamon Teal
Anas clypeata, Northern Shoveler
Anas bahamensis, White-cheeked Pintail
Anas acuta, Northern Pintail
Anas querquedula, Garganey
Anas formosa, Baikal Teal
Anas crecca, Green-winged Teal
Aythya valisineria, Canvasback
Aythya americana, Redhead
Aythya ferina, Common Pochard
Aythya baeri, Baer's Pochard
Aythya collaris, Ring-necked Duck
Aythya fuligula, Tufted Duck
Aythya marila, Greater Scaup
Aythya affinis, Lesser Scaup
Polysticta stelleri, Steller's Eider
Somateria fischeri, Spectacled Eider
Somateria spectabilis, King Eider
Somateria mollissima, Common Eider
Histrionicus histrionicus, Harlequin Duck
Melanitta perspicillata, Surf Scoter
Melanitta fusca, White-winged Scoter
Melanitta americana, Black Scoter
Clangula hyemalis, Long-tailed Duck
Bucephala albeola, Bufflehead
Bucephala clangula, Common Goldeneye
Bucephala islandica, Barrow's Goldeneye
Mergellus albellus, Smew
Lophodytes cucullatus, Hooded Merganser
Mergus merganser, Common Merganser
Mergus serrator, Red-breasted Merganser
Nomonyx dominicus, Masked Duck
Oxyura jamaicensis, Ruddy Duck
Order GAVIIFORMES
Family GAVIIDAE
Gavia stellata, Red-throated Loon
Gavia arctica, Arctic Loon
Gavia pacifica, Pacific Loon
Gavia immer, Common Loon
Gavia adamsii, Yellow-billed Loon
Order PODICIPEDIFORMES
Family PODICIPEDIDAE
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
Aechmophorus clarkii, Clark's Grebe
Order PHOENICOPTERIFORMES
Family PHOENICOPTERIDAE
Phoenicopterus ruber, American Flamingo
Order PROCELLARIIFORMES
Family DIOMEDEIDAE
Thalassarche chlororhynchos, Yellow-nosed Albatross
Thalassarche cauta, Shy Albatross
Thalassarche melanophris, Black-browed Albatross
Phoebetria palpebrata, Light-mantled Albatross
Diomedea exulans, Wandering Albatross
Phoebastria immutabilis, Laysan Albatross
Phoebastria nigripes, Black-footed Albatross
Phoebastria albatrus, Short-tailed Albatross
Family PROCELLARIIDAE
Fulmarus glacialis, Northern Fulmar
Pterodroma macroptera, Great-winged Petrel
Pterodroma neglecta, Kermadec Petrel
Pterodroma arminjoniana, Herald Petrel
Pterodroma ultima, Murphy's Petrel
Pterodroma inexpectata, Mottled Petrel
Pterodroma cahow, Bermuda Petrel
Pterodroma hasitata, Black-capped Petrel
Pterodroma externa, Juan Fernandez Petrel
Pterodroma sandwichensis, Hawaiian Petrel
Pterodroma cervicalis, White-necked Petrel
Pterodroma hypoleuca, Bonin Petrel
Pterodroma nigripennis, Black-winged Petrel
Pterodroma cookii, Cook's Petrel
Pterodroma longirostris, Stejneger's Petrel
Pterodroma alba, Phoenix Petrel
Pterodroma leucoptera, Gould's Petrel
Pterodroma rostrata, Tahiti Petrel
Bulweria bulwerii, Bulwer's Petrel
Bulweria fallax, Jouanin's Petrel
Procellaria parkinsoni, Parkinson's Petrel
Calonectris leucomelas, Streaked Shearwater
Calonectris diomedea, Cory's Shearwater
Calonectris edwardsii, Cape Verde Shearwater
Puffinus creatopus, Pink-footed Shearwater
Puffinus carneipes, Flesh-footed Shearwater
Puffinus gravis, Great Shearwater
Puffinus pacificus, Wedge-tailed Shearwater
Puffinus bulleri, Buller's Shearwater
Puffinus griseus, Sooty Shearwater
Puffinus tenuirostris, Short-tailed Shearwater
Puffinus nativitatis, Christmas Shearwater
[[Page 21]]
Puffinus puffinus, Manx Shearwater
Puffinus auricularis, Townsend's Shearwater
Puffinus opisthomelas, Black-vented Shearwater
Puffinus lherminieri, Audubon's Shearwater
Puffinus assimilis, Little Shearwater
Family HYDROBATIDAE
Oceanites oceanicus, Wilson's Storm-Petrel
Pelagodroma marina, White-faced Storm-Petrel
Fregetta tropica, Black-bellied Storm-Petrel
Fregetta grallaria, White-bellied Storm-Petrel
Nesofregetta fuliginosa, Polynesian Storm-Petrel
Oceanodroma furcata, Fork-tailed Storm-Petrel
Oceanodroma hornbyi, Ringed Storm-Petrel
Oceanodroma monorhis, Swinhoe's 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 matsudairae, Matsudaira's Storm-Petrel
Oceanodroma melania, Black Storm-Petrel
Oceanodroma tristrami, Tristram's Storm-Petrel
Oceanodroma microsoma, Least Storm-Petrel
Order PHAETHONTIFORMES
Family PHAETHONTIDAE
Phaethon lepturus, White-tailed Tropicbird
Phaethon aethereus, Red-billed Tropicbird
Phaethon rubricauda, Red-tailed Tropicbird
Order CICONIIFORMES
Family CICONIIDAE
Jabiru mycteria, Jabiru
Mycteria americana, Wood Stork
Order SULIFORMES
Family FREGATIDAE
Fregata magnificens, Magnificent Frigatebird
Fregata minor, Great Frigatebird
Fregata ariel, Lesser Frigatebird
Family SULIDAE
Sula dactylatra, Masked Booby
Sula nebouxii, Blue-footed Booby
Sula leucogaster, Brown Booby
Sula sula, Red-footed Booby
Morus bassanus, Northern Gannet
Family PHALACROCORACIDAE
Phalacrocorax penicillatus, Brandt's Cormorant
Phalacrocorax brasilianus, Neotropic Cormorant
Phalacrocorax auritus, Double-crested Cormorant
Phalacrocorax carbo, Great Cormorant
Phalacrocorax urile, Red-faced Cormorant
Phalacrocorax pelagicus, Pelagic Cormorant
Phalacrocorax melanoleucos, Little Pied Cormorant
Family ANHINGIDAE
Anhinga anhinga, Anhinga
Order PELECANIFORMES
Family PELECANIDAE
Pelecanus erythrorhynchos, American White Pelican
Pelecanus occidentalis, Brown Pelican
Family ARDEIDAE
Botaurus lentiginosus, American Bittern
Ixobrychus sinensis, Yellow Bittern
Ixobrychus exilis, Least Bittern
Ixobrychus eurhythmus, Schrenck's Bittern
Ixobrychus flavicollis, Black Bittern
Ardea herodias, Great Blue Heron
Ardea cinerea, Gray Heron
Ardea alba, Great Egret
Mesophoyx intermedia, Intermediate Egret
Egretta eulophotes, Chinese Egret
Egretta garzetta, Little Egret
Egretta sacra, Pacific Reef-Egret
Egretta gularis, Western Reef-Heron
Egretta thula, Snowy Egret
Egretta caerulea, Little Blue Heron
Egretta tricolor, Tricolored Heron
Egretta rufescens, Reddish Egret
Bubulcus ibis, Cattle Egret
Ardeola bacchus, Chinese Pond-Heron
Butorides virescens, Green Heron
Nycticorax nycticorax, Black-crowned Night-Heron
Nyctanassa violacea, Yellow-crowned Night-Heron
Gorsachius goisagi, Japanese Night-Heron
Gorsachius melanolophus, Malayan Night-Heron
Family THRESKIORNITHIDAE
Subfamily THRESKIORNITHINAE
Eudocimus albus, White Ibis
Eudocimus ruber, Scarlet Ibis
Plegadis falcinellus, Glossy Ibis
Plegadis chihi, White-faced Ibis
Subfamily PLATALEINAE
Platalea ajaja, Roseate Spoonbill
Order ACCIPITRIFORMES
Family CATHARTIDAE
Coragyps atratus, Black Vulture
Cathartes aura, Turkey Vulture
Gymnogyps californianus, California Condor
Family PANDIONIDAE
Pandion haliaetus, Osprey
Family ACCIPITRIDAE
Chondrohierax uncinatus, Hook-billed Kite
Elanoides forficatus, Swallow-tailed Kite
Elanus leucurus, White-tailed 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 soloensis, Gray Frog-Hawk
Accipiter gularis, Japanese Sparrowhawk
Accipiter striatus, Sharp-shinned Hawk
[[Page 22]]
Accipiter cooperii, Cooper's Hawk
Accipiter gentilis, Northern Goshawk
Geranospiza caerulescens, Crane Hawk
Buteogallus anthracinus, Common Black-Hawk
Parabuteo unicinctus, Harris's Hawk
Buteo magnirostris, Roadside Hawk
Buteo lineatus, Red-shouldered Hawk
Buteo platypterus, Broad-winged Hawk
Buteo nitidus, Gray 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
Order FALCONIFORMES
Family FALCONIDAE
Subfamily MICRASTURINAE
Micrastur semitorquatus, Collared Forest-Falcon
Subfamily CARACARINAE
Caracara cheriway, Crested Caracara
Subfamily FALCONINAE
Falco tinnunculus, Eurasian Kestrel
Falco sparverius, American Kestrel
Falco vespertinus, Red-footed Falcon
Falco columbarius, Merlin
Falco subbuteo, Eurasian Hobby
Falco femoralis, Aplomado Falcon
Falco rusticolus, Gyrfalcon
Falco peregrinus, Peregrine Falcon
Falco mexicanus, Prairie Falcon
Order GRUIFORMES
Family RALLIDAE
Coturnicops noveboracensis, Yellow Rail
Laterallus jamaicensis, Black Rail
Gallirallus philippensis, Buff-banded Rail
Gallirallus owstoni, Guam Rail
Crex crex, Corn Crake
Rallus longirostris, Clapper Rail
Rallus elegans, King Rail
Rallus limicola, Virginia Rail
Porzana carolina, Sora
Porzana tabuensis, Spotless Crake
Porzana flaviventer, Yellow-breasted Crake
Neocrex erythrops, Paint-billed Crake
Pardirallus maculatus, Spotted Rail
Porphyrio porphyrio, Purple Swamphen
Porphyrio martinica, Purple Gallinule
Porphyrio flavirostris, Azure Gallinule
Gallinula chloropus, Common Moorhen
Fulica atra, Eurasian Coot
Fulica alai, Hawaiian 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 CHARADRIIDAE
Subfamily VANELLINAE
Vanellus vanellus, Northern Lapwing
Subfamily CHARADRIINAE
Pluvialis squatarola, Black-bellied Plover
Pluvialis apricaria, European Golden-Plover
Pluvialis dominica, American Golden-Plover
Pluvialis fulva, Pacific Golden-Plover
Charadrius mongolus, Lesser Sand-Plover
Charadrius leschenaultii, Greater Sand-Plover
Charadrius collaris, Collared 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 ostralegus, Eurasian Oystercatcher
Haematopus palliatus, American Oystercatcher
Haematopus bachmani, Black Oystercatcher
Family RECURVIROSTRIDAE
Himantopus himantopus, Black-winged Stilt
Himantopus mexicanus, Black-necked Stilt
Recurvirostra americana, American Avocet
Family JACANIDAE
Jacana spinosa, Northern Jacana
Family SCOLOPACIDAE
Subfamily SCOLOPACINAE
Xenus cinereus, Terek Sandpiper
Actitis hypoleucos, Common Sandpiper
Actitis macularius, Spotted Sandpiper
Tringa ochropus, Green Sandpiper
Tringa solitaria, Solitary Sandpiper
Tringa brevipes, Gray-tailed Tattler
Tringa incana, Wandering Tattler
Tringa erythropus, Spotted Redshank
Tringa melanoleuca, Greater Yellowlegs
Tringa nebularia, Common Greenshank
Tringa guttifer, Nordmann's Greenshank
Tringa semipalmata, Willet
Tringa flavipes, Lesser Yellowlegs
Tringa stagnatilis, Marsh Sandpiper
Tringa glareola, Wood Sandpiper
Bartramia longicauda, Upland Sandpiper
Numenius minutus, Little Curlew
Numenius borealis, Eskimo Curlew
Numenius phaeopus, Whimbrel
Numenius tahitiensis, Bristle-thighed Curlew
Numenius madagascariensis, Far Eastern Curlew
Numenius arquata, Eurasian 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
[[Page 23]]
Aphriza virgata, Surfbird
Calidris tenuirostris, Great Knot
Calidris canutus, Red Knot
Calidris alba, Sanderling
Calidris pusilla, Semipalmated Sandpiper
Calidris mauri, Western Sandpiper
Calidris ruficollis, Red-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, Spoon-billed 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 delicata, Wilson's Snipe
Gallinago gallinago, Common Snipe
Gallinago stenura, Pin-tailed Snipe
Gallinago megala, Swinhoe's Snipe
Scolopax rusticola, Eurasian Woodcock
Scolopax minor, American Woodcock
Subfamily PHALAROPODINAE
Phalaropus tricolor, Wilson's Phalarope
Phalaropus lobatus, Red-necked Phalarope
Phalaropus fulicarius, Red Phalarope
Family LARIDAE
Subfamily LARINAE
Creagrus furcatus, Swallow-tailed Gull
Rissa tridactyla, Black-legged Kittiwake
Rissa brevirostris, Red-legged Kittiwake
Pagophila eburnea, Ivory Gull
Xema sabini, Sabine's Gull
Chroicocephalus philadelphia, Bonaparte's Gull
Chroicocephalus cirrocephalus, Gray-hooded Gull
Chroicocephalus ridibundus, Black-headed Gull
Hydrocoloeus minutus, Little Gull
Rhodostethia rosea, Ross's Gull
Leucophaeus atricilla, Laughing Gull
Leucophaeus pipixcan, Franklin's Gull
Larus belcheri, Belcher's Gull
Larus crassirostris, Black-tailed Gull
Larus heermanni, Heermann's Gull
Larus canus, Mew Gull
Larus delawarensis, Ring-billed Gull
Larus occidentalis, Western Gull
Larus livens, Yellow-footed Gull
Larus californicus, California Gull
Larus argentatus, Herring Gull
Larus michahellis, Yellow-legged Gull
Larus thayeri, Thayer's Gull
Larus glaucoides, Iceland Gull
Larus fuscus, Lesser Black-backed Gull
Larus schistisagus, Slaty-backed Gull
Larus glaucescens, Glaucous-winged Gull
Larus hyperboreus, Glaucous Gull
Larus marinus, Great Black-backed Gull
Larus dominicanus, Kelp Gull
Subfamily STERNINAE
Anous stolidus, Brown Noddy
Anous minutus, Black Noddy
Procelsterna cerulea, Blue-gray Noddy
Gygis alba, White Tern
Onychoprion fuscatus, Sooty Tern
Onychoprion lunatus, Gray-backed Tern
Onychoprion anaethetus, Bridled Tern
Onychoprion aleuticus, Aleutian Tern
Sternula albifrons, Little Tern
Sternula antillarum, Least Tern
Phaetusa simplex, Large-billed Tern
Gelochelidon nilotica, Gull-billed Tern
Hydroprogne caspia, Caspian Tern
Chlidonias niger, Black Tern
Chlidonias leucopterus, White-winged Tern
Chlidonias hybridus, Whiskered Tern
Sterna dougallii, Roseate Tern
Sterna sumatrana, Black-naped Tern
Sterna hirundo, Common Tern
Sterna paradisaea, Arctic Tern
Sterna forsteri, Forster's Tern
Thalasseus maximus, Royal Tern
Thalasseus bergii, Great Crested Tern
Thalasseus sandvicensis, Sandwich Tern
Thalasseus elegans, Elegant Tern
Subfamily RYNCHOPINAE
Rynchops niger, Black Skimmer
Family STERCORARIIDAE
Stercorarius skua, Great Skua
Stercorarius maccormicki, South Polar Skua
Stercorarius pomarinus, Pomarine Jaeger
Stercorarius parasiticus, Parasitic Jaeger
Stercorarius longicaudus, Long-tailed Jaeger
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 perdix, Long-billed Murrelet
Brachyramphus marmoratus, Marbled Murrelet
Brachyramphus brevirostris, Kittlitz's Murrelet
Synthliboramphus hypoleucus, Xantus's Murrelet
Synthliboramphus craveri, Craveri's Murrelet
Synthliboramphus antiquus, Ancient Murrelet
Ptychoramphus aleuticus, Cassin's Auklet
Aethia psittacula, Parakeet Auklet
Aethia pusilla, Least Auklet
Aethia pygmaea, Whiskered Auklet
Aethia cristatella, Crested Auklet
[[Page 24]]
Cerorhinca monocerata, Rhinoceros Auklet
Fratercula arctica, Atlantic Puffin
Fratercula corniculata, Horned Puffin
Fratercula cirrhata, Tufted Puffin
Order COLUMBIFORMES
Family COLUMBIDAE
Patagioenas squamosa, Scaly-naped Pigeon
Patagioenas leucocephala, White-crowned Pigeon
Patagioenas flavirostris, Red-billed Pigeon
Patagioenas inornata, Plain Pigeon
Patagioenas fasciata, Band-tailed Pigeon
Streptopelia orientalis, Oriental Turtle-Dove
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
Gallicolumba xanthonura, White-throated Ground-Dove
Gallicolumba stairi, Friendly Ground-Dove
Ptilinopus perousii, Many-colored Fruit-Dove
Ptilinopus porphyraceus, Crimson-crowned Fruit-Dove
Ptilinopus roseicapilla, Mariana Fruit-Dove
Ducula pacifica, Pacific Imperial-Pigeon
Order CUCULIFORMES
Family CUCULIDAE
Subfamily CUCULINAE
Cuculus fugax, Hodgson's Hawk-Cuckoo
Cuculus canorus, Common Cuckoo
Cuculus optatus, Oriental Cuckoo
Coccyzus americanus, Yellow-billed Cuckoo
Coccyzus minor, Mangrove Cuckoo
Coccyzus erythropthalmus, Black-billed Cuckoo
Coccyzus vieilloti, Puerto Rican Lizard-Cuckoo
Subfamily NEOMORPHINAE
Geococcyx californianus, Greater Roadrunner
Subfamily CROTOPHAGINAE
Crotophaga ani, Smooth-billed Ani
Crotophaga sulcirostris, Groove-billed Ani
Order STRIGIFORMES
Family TYTONIDAE
Tyto alba, Barn Owl
Family STRIGIDAE
Otus flammeolus, Flammulated Owl
Otus sunia, Oriental Scops-Owl
Megascops kennicottii, Western Screech-Owl
Megascops asio, Eastern Screech-Owl
Megascops trichopsis, Whiskered Screech-Owl
Megascops nudipes, Puerto Rican Screech-Owl
Bubo virginianus, Great Horned Owl
Bubo scandiacus, 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
Ciccaba virgata, Mottled Owl
Strix occidentalis, Spotted Owl
Strix varia, Barred Owl
Strix nebulosa, Great Gray Owl
Asio otus, Long-eared Owl
Asio stygius, Stygian Owl
Asio flammeus, Short-eared Owl
Aegolius funereus, Boreal Owl
Aegolius acadicus, Northern Saw-whet Owl
Ninox scutulata, Brown Hawk-Owl
Order CAPRIMULGIFORMES
Family CAPRIMULGIDAE
Subfamily CHORDEILINAE
Chordeiles acutipennis, Lesser Nighthawk
Chordeiles minor, Common Nighthawk
Chordeiles gundlachii, Antillean Nighthawk
Subfamily CAPRIMULGINAE
Nyctidromus albicollis, Common Pauraque
Phalaenoptilus nuttallii, Common Poorwill
Caprimulgus carolinensis, Chuck-will's-widow
Caprimulgus ridgwayi, Buff-collared Nightjar
Caprimulgus vociferus, Eastern Whip-poor-will
Caprimulgus arizonae, Mexican Whip-poor-will
Caprimulgus noctitherus, Puerto Rican Nightjar
Caprimulgus indicus, Gray Nightjar
Order APODIFORMES
Family APODIDAE
Subfamily CYPSELOIDINAE
Cypseloides niger, Black Swift
Streptoprocne zonaris, White-collared Swift
Subfamily CHAETURINAE
Chaetura pelagica, Chimney Swift
Chaetura vauxi, Vaux's Swift
Chaetura brachyura, Short-tailed Swift
Hirundapus caudacutus, White-throated Needletail
Aerodramus spodiopygius, White-rumped Swiftlet
Aerodramus bartschi, Mariana Swiftlet
Subfamily APODINAE
Apus apus, Common Swift
Apus pacificus, Fork-tailed Swift
Apus melba, Alpine Swift
Aeronautes saxatalis, White-throated Swift
Tachornis phoenicobia, Antillean Palm-Swift
Family TROCHILIDAE
Subfamily TROCHILINAE
Colibri thalassinus, Green Violetear
Anthracothorax prevostii, Green-breasted Mango
Anthracothorax dominicus, Antillean Mango
Anthracothorax viridis, Green Mango
Eulampis jugularis, Purple-throated Carib
Eulampis holosericeus, Green-throated Carib
Orthorhyncus cristatus, Antillean Crested Hummingbird
[[Page 25]]
Chlorostilbon maugaeus, Puerto Rican Emerald
Cynanthus latirostris, Broad-billed Hummingbird
Hylocharis leucotis, White-eared Hummingbird
Hylocharis xantusii, Xantus's Hummingbird
Amazilia beryllina, Berylline Hummingbird
Amazilia yucatanensis, Buff-bellied Hummingbird
Amazilia rutila, Cinnamon 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
Atthis heloisa, Bumblebee Hummingbird
Selasphorus platycercus, Broad-tailed Hummingbird
Selasphorus rufus, Rufous Hummingbird
Selasphorus sasin, Allen's Hummingbird
Order TROGONIFORMES
Family TROGONIDAE
Subfamily TROGONINAE
Trogon elegans, Elegant Trogon
Euptilotis neoxenus, Eared Quetzel
Order UPUPIFORMES
Family UPUPIDAE
Upupa epops, Eurasian Hoopoe
Order CORACIIFORMES
Family ALCEDINIDAE
Subfamily HALCYONINAE
Todirhamphus cinnamominus, Micronesian Kingfisher
Todirhamphus chloris, Collared Kingfisher
Subfamily CERYLINAE
Megaceryle torquata, Ringed Kingfisher
Megaceryle alcyon, Belted Kingfisher
Chloroceryle americana, Green Kingfisher
Order PICIFORMES
Family PICIDAE
Subfamily JYNGINAE
Jynx torquilla, Eurasian Wryneck
Subfamily PICINAE
Melanerpes lewis, Lewis's Woodpecker
Melanerpes portoricensis, Puerto Rican Woodpecker
Melanerpes erythrocephalus, Red-headed Woodpecker
Melanerpes formicivorus, Acorn Woodpecker
Melanerpes uropygialis, Gila Woodpecker
Melanerpes aurifrons, Golden-fronted Woodpecker
Melanerpes carolinus, Red-bellied Woodpecker
Sphyrapicus thyroideus, Williamson's Sapsucker
Sphyrapicus varius, Yellow-bellied Sapsucker
Sphyrapicus nuchalis, Red-naped Sapsucker
Sphyrapicus ruber, Red-breasted Sapsucker
Dendrocopos major, Great Spotted Woodpecker
Picoides scalaris, Ladder-backed Woodpecker
Picoides nuttallii, Nuttall's Woodpecker
Picoides pubescens, Downy Woodpecker
Picoides villosus, Hairy Woodpecker
Picoides arizonae, Arizona Woodpecker
Picoides borealis, Red-cockaded Woodpecker
Picoides albolarvatus, White-headed Woodpecker
Picoides dorsalis, American Three-toed Woodpecker
Picoides arcticus, Black-backed Woodpecker
Colaptes auratus, Northern Flicker
Colaptes chrysoides, Gilded Flicker
Dryocopus pileatus, Pileated Woodpecker
Campephilus principalis, Ivory-billed Woodpecker
Order PASSERIFORMES
Family TYRANNIDAE
Subfamily ELAENIINAE
Camptostoma imberbe, Northern Beardless-Tyrannulet
Myiopagis viridicata, Greenish Elaenia
Elaenia martinica, Caribbean Elaenia
Elaenia albiceps, White-crested Eleania
Subfamily FLUVICOLINAE
Mitrephanes phaeocercus, Tufted Flycatcher
Contopus cooperi, Olive-sided Flycatcher
Contopus pertinax, Greater Pewee
Contopus sordidulus, Western Wood-Pewee
Contopus virens, Eastern Wood-Pewee
Contopus caribaeus, Cuban Pewee
Contopus hispaniolensis, Hispaniolan 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 wrightii, Gray Flycatcher
Empidonax oberholseri, Dusky Flycatcher
Empidonax difficilis, Pacific-slope Flycatcher
Empidonax occidentalis, Cordilleran Flycatcher
Empidonax fulvifrons, Buff-breasted Flycatcher
Sayornis nigricans, Black Phoebe
Sayornis phoebe, Eastern Phoebe
Sayornis saya, Say's Phoebe
Pyrocephalus rubinus, Vermilion Flycatcher
Subfamily TYRANNINAE
Myiarchus tuberculifer, Dusky-capped Flycatcher
Myiarchus cinerascens, Ash-throated Flycatcher
[[Page 26]]
Myiarchus nuttingi, Nutting's Flycatcher
Myiarchus crinitus, Great Crested Flycatcher
Myiarchus tyrannulus, Brown-crested Flycatcher
Myiarchus sagrae, La Sagra's Flycatcher
Myiarchus antillarum, Puerto Rican Flycatcher
Pitangus sulphuratus, Great Kiskadee
Myiozetetes similis, Social Flycatcher
Myiodynastes luteiventris, Sulphur-bellied Flycatcher
Legatus leucophalus, Piratic Flycatcher
Empidonomus varius, Variegated Flycatcher
Empidonomus aurantioatrocristatus, Crowned Slaty 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
Tityra semifasciata, Masked Tityra
Family LANIIDAE
Lanius cristatus, Brown Shrike
Lanius ludovicianus, Loggerhead Shrike
Lanius excubitor, Northern Shrike
Family VIREONIDAE
Vireo griseus, White-eyed Vireo
Vireo crassirostris, Thick-billed Vireo
Vireo latimeri, Puerto Rican Vireo
Vireo bellii, Bell's Vireo
Vireo atricapilla, Black-capped Vireo
Vireo vicinior, Gray Vireo
Vireo flavifrons, Yellow-throated Vireo
Vireo plumbeus, Plumbeous Vireo
Vireo cassinii, Cassin's Vireo
Vireo solitarius, Blue-headed Vireo
Vireo huttoni, Hutton's Vireo
Vireo gilvus, Warbling Vireo
Vireo philadelphicus, Philadelphia Vireo
Vireo olivaceus, Red-eyed Vireo
Vireo flavoviridis, Yellow-green Vireo
Vireo altiloquus, Black-whiskered Vireo
Vireo magister, Yucatan Vireo
Family CORVIDAE
Perisoreus canadensis, Gray Jay
Psilorhinus morio, Brown Jay
Cyanocorax yncas, Green Jay
Gymnorhinus cyanocephalus, Pinyon Jay
Cyanocitta stelleri, Steller's Jay
Cyanocitta cristata, Blue Jay
Aphelocoma coerulescens, Florida Scrub-Jay
Aphelocoma insularis, Island Scrub-Jay
Aphelocoma californica, Western Scrub-Jay
Aphelocoma ultramarina, Mexican Jay
Nucifraga columbiana, Clark's Nutcracker
Pica hudsonia, Black-billed Magpie
Pica nuttalli, Yellow-billed Magpie
Corvus kubaryi, Mariana Crow
Corvus brachyrhynchos, American Crow
Corvus caurinus, Northwestern Crow
Corvus leucognaphalus, White-necked Crow
Corvus imparatus, Tamaulipas Crow
Corvus ossifragus, Fish Crow
Corvus hawaiiensis, Hawaiian Crow
Corvus cryptoleucus, Chihuahuan Raven
Corvus corax, Common Raven
Family ALAUDIDAE
Alauda arvensis, Sky Lark
Eremophila alpestris, Horned Lark
Family HIRUNDINIDAE
Subfamily HIRUNDININAE
Progne subis, Purple Martin
Progne cryptoleuca, Cuban Martin
Progne dominicensis, Caribbean Martin
Progne chalybea, Gray-breasted Martin
Progne elegans, Southern Martin
Progne tapera, Brown-chested Martin
Tachycineta bicolor, Tree Swallow
Tachycineta albilinea, Mangrove Swallow
Tachycineta thalassina, Violet-green Swallow
Tachycineta cyaneoviridis, Bahama Swallow
Stelgidopteryx serripennis, Northern Rough-winged Swallow
Riparia riparia, Bank Swallow
Petrochelidon pyrrhonota, Cliff Swallow
Petrochelidon fulva, Cave Swallow
Hirundo rustica, Barn Swallow
Delichon urbicum, Common House-Martin
Family PARIDAE
Poecile carolinensis, Carolina Chickadee
Poecile atricapillus, Black-capped Chickadee
Poecile gambeli, Mountain Chickadee
Poecile sclateri, Mexican Chickadee
Poecile rufescens, Chestnut-backed Chickadee
Poecile hudsonicus, Boreal Chickadee
Poecile cinctus, Gray-headed Chickadee
Baeolophus wollweberi, Bridled Titmouse
Baeolophus inornatus, Oak Titmouse
Baeolophus ridgwayi, Juniper Titmouse
Baeolophus bicolor, Tufted Titmouse
Baeolophus atricristatus, Black-crested Titmouse
Family REMIZIDAE
Auriparus flaviceps, Verdin
Family AEGITHALIDAE
Psaltriparus minimus, Bushtit
Family SITTIDAE
Subfamily SITTINAE
Sitta canadensis, Red-breasted Nuthatch
Sitta carolinensis, White-breasted Nuthatch
Sitta pygmaea, Pygmy Nuthatch
Sitta pusilla, Brown-headed Nuthatch
Family CERTHIIDAE
Subfamily CERTHIINAE
Certhia americana, Brown Creeper
Family TROGLODYTIDAE
Campylorhynchus brunneicapillus, Cactus Wren
Salpinctes obsoletus, Rock Wren
Catherpes mexicanus, Canyon Wren
Thryothorus sinaloa, Sinaloa Wren
[[Page 27]]
Thryothorus ludovicianus, Carolina Wren
Thryomanes bewickii, Bewick's Wren
Troglodytes aedon, House Wren
Troglodytes pacificus, Pacific Wren
Troglodytes hiemalis, Winter Wren
Cistothorus platensis, Sedge Wren
Cistothorus palustris, Marsh Wren
Family POLIOPTILIDAE
Polioptila caerulea, Blue-gray Gnatcatcher
Polioptila californica, California Gnatcatcher
Polioptila melanura, Black-tailed Gnatcatcher
Polioptila nigriceps, Black-capped Gnatcatcher
Family CINCLIDAE
Cinclus mexicanus, American Dipper
Family REGULIDAE
Regulus satrapa, Golden-crowned Kinglet
Regulus calendula, Ruby-crowned Kinglet
Family PHYLLOSCOPIDAE
Phylloscopus trochilus, Willow Warbler
Phylloscopus sibilatrix, Wood Warbler
Phylloscopus fuscatus, Dusky Warbler
Phylloscopus proregulus, Pallas's Leaf-Warbler
Phylloscopus inornatus, Yellow-browed Warbler
Phylloscopus borealis, Arctic Warbler
Family SYLVIIDAE
Sylvia curruca, Lesser Whitethroat
Chamaea fasciata, Wrentit
Family ACROCEPHALIDAE
Acrocephalus luscinia, Nightingale Reed-Warbler
Acrocephalus familiaris, Millerbird
Acrocephalus schoenobaenus, Sedge Warbler
Family MEGALURIDAE
Locustella ochotensis, Middendorff's Grasshopper-Warbler
Locustella lanceolata, Lanceolated Warbler
Family MUSCICAPIDAE
Ficedula narcissina, Narcissus Flycatcher
Ficedula mugimaki, Mugimaki Flycatcher
Ficedula albicilla, Taiga Flycatcher
Muscicapa sibirica, Dark-sided Flycatcher
Muscicapa griseisticta, Gray-streaked Flycatcher
Muscicapa dauurica, Asian Brown Flycatcher
Muscicapa striata, Spotted Flycatcher
Family TURDIDAE
Monticola solitarius, Blue Rock-Thrush
Luscinia sibilans, Rufous-tailed Robin
Luscinia calliope, Siberian Rubythroat
Luscinia svecica, Bluethroat
Luscinia cyane, Siberian Blue Robin
Tarsiger cyanurus, Red-flanked Bluetail
Oenanthe oenanthe, Northern Wheatear
Saxicola torquatus, Stonechat
Sialia sialis, Eastern Bluebird
Sialia mexicana, Western Bluebird
Sialia currucoides, Mountain Bluebird
Myadestes townsendi, Townsend's Solitaire
Myadestes myadestinus, Kamao
Myadestes lanaiensis, Olomao
Myadestes obscurus, Omao
Myadestes palmeri, Puaiohi
Catharus aurantiirostris, Orange-billed Nightingale-Thrush
Catharus mexicanus, Black-headed Nightingale-Thrush
Catharus fuscescens, Veery
Catharus minimus, Gray-cheeked Thrush
Catharus bicknelli, Bicknell's Thrush
Catharus ustulatus, Swainson's Thrush
Catharus guttatus, Hermit Thrush
Hylocichla mustelina, Wood Thrush
Turdus obscurus, Eyebrowed Thrush
Turdus naumanni, Dusky Thrush
Turdus pilaris, Fieldfare
Turdus grayi, Clay-colored Thrush
Turdus assimilis, White-throated Thrush
Turdus rufopalliatus, Rufous-backed Robin
Turdus migratorius, American Robin
Turdus plumbeus, Red-legged Thrush
Ixoreus naevius, Varied Thrush
Ridgwayia pinicola, Aztec Thrush
Family MIMIDAE
Dumetella carolinensis, Gray Catbird
Melanoptila glabrirostris, Black Catbird
Mimus polyglottos, Northern Mockingbird
Mimus gundlachii, Bahama 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
Melanotis caerulescens, Blue Mockingbird
Margarops fuscatus, Pearly-eyed Thrasher
Family STURNIDAE
Sturnus philippensis, Chestnut-cheeked Starling
Sturnus cineraceus, White-cheeked Starling
Family PRUNELLIDAE
Prunella montanella, Siberian Accentor
Family MOTACILLIDAE
Motacilla tschutschensis, Eastern Yellow Wagtail
Motacilla citreola, Citrine Wagtail
Motacilla cinerea, Gray Wagtail
Motacilla alba, White Wagtail
Anthus trivialis, Tree Pipit
Anthus hodgsoni, Olive-backed Pipit
Anthus gustavi, Pechora Pipit
Anthus cervinus, Red-throated Pipit
Anthus rubescens, American Pipit
Anthus spragueii, Sprague's Pipit
Family BOMBYCILLIDAE
Bombycilla garrulus, Bohemian Waxwing
Bombycilla cedrorum, Cedar Waxwing
Family PTILOGONATIDAE
Ptilogonys cinereus, Gray Silky-flycatcher
Phainopepla nitens, Phainopepla
Family PEUCEDRAMIDAE
Peucedramus taeniatus, Olive Warbler
Family CALCARIIDAE
Calcarius lapponicus, Lapland Longspur
Calcarius ornatus, Chestnut-collared Longspur
[[Page 28]]
Calcarius pictus, Smith's Longspur
Rhynchophanes mccownii, McCown's Longspur
Plectrophenax nivalis, Snow Bunting
Plectrophenax hyperboreus, McKay's Bunting
Family PARULIDAE
Vermivora bachmanii, Bachman's Warbler
Vermivora cyanoptera, Blue-winged Warbler
Vermivora chrysoptera, Golden-winged Warbler
Oreothlypis peregrina, Tennessee Warbler
Oreothlypis celata, Orange-crowned Warbler
Oreothlypis ruficapilla, Nashville Warbler
Oreothlypis virginiae, Virginia's Warbler
Oreothlypis crissalis, Colima Warbler
Oreothlypis luciae, Lucy's Warbler
Oreothlypis superciliosa, Crescent-chested 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 chrysoparia, Golden-cheeked Warbler
Dendroica virens, Black-throated Green Warbler
Dendroica townsendi, Townsend's Warbler
Dendroica occidentalis, Hermit 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 vermivorum, Worm-eating Warbler
Limnothlypis swainsonii, Swainson's Warbler
Seiurus aurocapilla, Ovenbird
Parkesia noveboracensis, Northern Waterthrush
Parkesia motacilla, Louisiana Waterthrush
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, Slate-throated Redstart
Euthlypis lachrymosa, Fan-tailed Warbler
Basileuterus culicivorus, Golden-crowned Warbler
Basileuterus rufifrons, Rufous-capped Warbler
Icteria virens, Yellow-breasted Chat
Family THRAUPIDAE
Nesospingus speculiferus, Puerto Rican Tanager
Spindalis zena, Western Spindalis
Spindalis portoricensis, Puerto Rican Spindalis
Family EMBERIZIDAE
Sporophila torqueola, White-collared Seedeater
Tiaris olivaceus, Yellow-faced Grassquit
Tiaris bicolor, Black-faced Grassquit
Loxigilla portoricensis, Puerto Rican Bullfinch
Arremonops rufivirgatus, Olive Sparrow
Pipilo chlorurus, Green-tailed Towhee
Pipilo maculatus, Spotted Towhee
Pipilo erythrophthalmus, Eastern Towhee
Aimophila ruficeps, Rufous-crowned Sparrow
Melozone fusca, Canyon Towhee
Melozone crissalis, California Towhee
Melozone aberti, Abert's Towhee
Peucaea carpalis, Rufous-winged Sparrow
Peucaea botterii, Botteri's Sparrow
Peucaea cassinii, Cassin's Sparrow
Peucaea aestivalis, Bachman's 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 quinquestriata, Five-striped Sparrow
Amphispiza bilineata, Black-throated Sparrow
Amphispiza belli, Sage Sparrow
Calamospiza melanocorys, Lark Bunting
Passerculus sandwichensis, Savannah Sparrow
Ammodramus savannarum, Grasshopper Sparrow
Ammodramus bairdii, Baird's Sparrow
Ammodramus henslowii, Henslow's Sparrow
Ammodramus leconteii, Le Conte's Sparrow
Ammodramus nelsoni, Nelson's Sparrow
Ammodramus caudacutus, Saltmarsh Sparrow
Ammodramus maritimus, Seaside Sparrow
[[Page 29]]
Passerella iliaca, Fox Sparrow
Melospiza melodia, Song Sparrow
Melospiza lincolnii, Lincoln's Sparrow
Melospiza georgiana, Swamp Sparrow
Zonotrichia albicollis, White-throated Sparrow
Zonotrichia querula, Harris's Sparrow
Zonotrichia leucophrys, White-crowned Sparrow
Zonotrichia atricapilla, Golden-crowned Sparrow
Junco hyemalis, Dark-eyed Junco
Junco phaeonotus, Yellow-eyed Junco
Emberiza leucocephalos, Pine Bunting
Emberiza chrysophrys, Yellow-browed Bunting
Emberiza pusilla, Little Bunting
Emberiza rustica, Rustic Bunting
Emberiza elegans, Yellow-throated Bunting
Emberiza aureola, Yellow-breasted Bunting
Emberiza variabilis, Gray Bunting
Emberiza pallasi, Pallas's Bunting
Emberiza schoeniclus, Reed Bunting
Family CARDINALIDAE
Piranga flava, Hepatic Tanager
Piranga rubra, Summer Tanager
Piranga olivacea, Scarlet Tanager
Piranga ludoviciana, Western Tanager
Piranga bidentata, Flame-colored Tanager
Rhodothraupis celaeno, Crimson-collared Grosbeak
Cardinalis cardinalis, Northern Cardinal
Cardinalis sinuatus, Pyrrhuloxia
Pheucticus chrysopeplus, Yellow Grosbeak
Pheucticus ludovicianus, Rose-breasted Grosbeak
Pheucticus melanocephalus, Black-headed Grosbeak
Cyanocompsa parellina, Blue Bunting
Passerina caerulea, Blue Grosbeak
Passerina amoena, Lazuli Bunting
Passerina cyanea, Indigo Bunting
Passerina versicolor, Varied Bunting
Passerina ciris, Painted Bunting
Spiza americana, Dickcissel
Family ICTERIDAE
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 quiscula, Common Grackle
Quiscalus major, Boat-tailed Grackle
Quiscalus mexicanus, Great-tailed Grackle
Quiscalus niger, Greater Antillean Grackle
Molothrus bonariensis, Shiny Cowbird
Molothrus aeneus, Bronzed Cowbird
Molothrus ater, Brown-headed Cowbird
Icterus portoricensis, Puerto Rican Oriole
Icterus wagleri, Black-vented Oriole
Icterus spurius, Orchard Oriole
Icterus cucullatus, Hooded Oriole
Icterus pustulatus, Streak-backed Oriole
Icterus bullockii, Bullock's Oriole
Icterus gularis, Altamira Oriole
Icterus graduacauda, Audubon's Oriole
Icterus galbula, Baltimore Oriole
Icterus parisorum, Scott's Oriole
Family FRINGILLIDAE
Subfamily FRINGILLINAE
Fringilla coelebs, Common Chaffinch
Fringilla montifringilla, Brambling
Subfamily EUPHONIINAE
Euphonia musica, Antillean Euphonia
Subfamily CARDUELINAE
Leucosticte tephrocotis, Gray-crowned Rosy-Finch
Leucosticte atrata, Black Rosy-Finch
Leucosticte australis, Brown-capped 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
Acanthis flammea, Common Redpoll
Acanthis hornemanni, Hoary Redpoll
Spinus spinus, Eurasian Siskin
Spinus pinus, Pine Siskin
Spinus psaltria, Lesser Goldfinch
Spinus lawrencei, Lawrence's Goldfinch
Spinus tristis, American Goldfinch
Chloris sinica, Oriental Greenfinch
Pyrrhula pyrrhula, Eurasian Bullfinch
Coccothraustes vespertinus, Evening Grosbeak
Coccothraustes coccothraustes, Hawfinch
Subfamily DREPANIDINAE
Telespiza cantans, Laysan Finch
Telespiza ultima, Nihoa Finch
Psittirostra psittacea, Ou
Loxioides bailleui, Palila
Pseudonestor xanthophrys, Maui Parrotbill
Hemignathus virens, Hawaii Amakihi
Hemignathus flavus, Oahu Amakihi
Hemignathus kauaiensis, Kauai Amakihi
Hemignathus ellisianus, Greater Akialoa
Hemignathus lucidus, Nukupuu
Hemignathus munroi, Akiapolaau
Magumma parva, Anianiau
Oreomystis bairdi, Akikiki
Oreomystis mana, Hawaii Creeper
Paroreomyza maculata, Oahu Alauahio
Paroreomyza flammea, Kakawahie
Paroreomyza montana, Maui Alauahio
Loxops caeruleirostris, Akekee
Loxops coccineus, Akepa
Vestiaria coccinea, Iiwi
Palmeria dolei, Akohekohe
Himatione sanguinea, Apapane
Melamprosops phaeosoma, Poo-uli
[78 FR 65850, Nov. 1, 2013]
[[Page 30]]
Subpart C_Addresses
Sec. 10.21 Director.
(a) Mail forwarded to the Director for law enforcement purposes
should be addressed to Chief, Office of Law Enforcement, at the address
provided at 50 CFR 2.1(b).
(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: Division of Management Authority), at the address provided
for the Division of Management Authority at 50 CFR 2.1(b). 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; 80
FR 26467, May 8, 2015]
Sec. 10.22 Law enforcement offices.
(a) Service law enforcement offices are located in Service regional
offices. Regional office addresses are provided at 50 CFR 2.2. Mail
should be addressed to ``Special Agent in Charge, Office of Law
Enforcement, U.S. Fish and Wildlife Service'' at the appropriate
regional office address. Telephone numbers for Service law enforcement
offices follow:
------------------------------------------------------------------------
Law enforcement
Region office telephone
number
------------------------------------------------------------------------
1................................................... 503-231-6125
2................................................... 505-248-7889
3................................................... 612-713-5320
4................................................... 404-679-7057
5................................................... 413-253-8274
6................................................... 303-236-7540
7................................................... 907-786-3311
8................................................... 916-414-6660
------------------------------------------------------------------------
(b) Any resident or official of a foreign country may contact the
Service's Headquarters Office of Law Enforcement at the address provided
at 50 CFR 2.1(b) or by telephone at 703-358-1949.
[78 FR 35151, June 12, 2013, as amended at 79 FR 43964, July 29, 2014]
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.
Subpart D_Civil Monetary Penalty Inflation Adjustments
11.31 Definitions.
11.32 Purpose and scope.
11.33 Adjustments to penalties.
11.34 Subsequent adjustments.
Authority: 16 U.S.C. 470aa-470mm, 470aaa-470aaa-11, 668-668d, 1361-
1384, 1401-1407, 1531-1544, 3371-3378, 4201-4245, 4901-4916, 5201-5207,
5301-5306; 18 U.S.C. 42-43; 25 U.S.C. 3001-3013; and Sec. 107, Pub. L.
114-74, 129 Stat. 599, unless otherwise noted.
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.
[[Page 31]]
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:
(a) Lacey Act, 18 U.S.C. 42-43;
(b) Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.;
(c) Bald and Golden Eagle Protection Act, 16 U.S.C. 668-668d;
(d) Endangered Species Act of 1973, 16 U.S.C. 1531 et seq.;
(e) Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.;
(f) African Elephant Conservation Act, 16 U.S.C. 4201 et seq.;
(g) Rhinoceros and Tiger Conservation Act, 16 U.S.C. 5301 et seq.;
(h) Archaeological Resources Protection Act, 16 U.S.C. 470aa et
seq.;
(i) Paleontological Resources Protection Act, 16 U.S.C. 470aaa et
seq.;
(j) The Native American Graves Protection and Repatriation Act, 25
U.S.C. 3001 et seq.;
(k) Recreational Hunting Safety Act of 1994, 16 U.S.C. 5201 et seq.;
and
(l) Wild Bird Conservation Act, 16 U.S.C. 4901 et seq.
[81 FR 41865, June 28, 2016]
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, 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
[[Page 32]]
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
Departmental Cases Hearings Division, Office of Hearings and Appeals,
U.S. Department of the Interior, 351 South West Temple, Suite 6.300,
Salt Lake City, Utah 84101.
[81 FR 41865, June 28, 2016]
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 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
[[Page 33]]
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, 351 South West Temple, Suite 6.300, Salt Lake City, Utah
84101, 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.
[39 FR 1159, Jan. 4, 1974, as amended at 81 FR 41865, June 28, 2016]
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, 351 South West Temple, Suite 6.300, Salt Lake City, Utah
84101. Fees for this service shall be as established by the Director of
that Office.
[81 FR 41865, June 28, 2016]
Subpart D_Civil Monetary Penalty Inflation Adjustments
Source: 81 FR 41865, June 28, 2016, unless otherwise noted.
Sec. 11.31 Definitions.
(a) Civil monetary penalty means any penalty, fine, or other
sanction that:
(1)(i) Is for a specific monetary amount as provided by Federal law;
or
(ii) Has a maximum amount provided for by Federal law;
(2) Is assessed or enforced by an agency pursuant to Federal law;
and
(3) Is assessed or enforced pursuant to an administrative proceeding
or a civil action in the Federal courts.
(b) Inflation Adjustment Act means the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74,
November 2, 2015, 129 Stat. 584, 28 U.S.C. 2461 note).
[[Page 34]]
Sec. 11.32 Purpose and scope.
The purpose of this part is to make the inflation adjustment,
described in and required by the Inflation Adjustment Act, of each civil
monetary penalty provided by law within the jurisdiction of the U.S.
Fish and Wildlife Service.
Sec. 11.33 Adjustments to penalties.
The civil monetary penalties provided by law within the jurisdiction
of the U.S. Fish and Wildlife Service are adjusted as follows:
----------------------------------------------------------------------------------------------------------------
Maximum civil
Law Citation Type of violation monetary penalty
----------------------------------------------------------------------------------------------------------------
(a) African Elephant Conservation Act.. 16 U.S.C. 4224(b)........ Any violation............ $10,260
(b) Bald and Golden Eagle Protection 16 U.S.C. 668(b)......... Any violation............ 12,964
Act.
(c) Endangered Species Act of 1973..... 16 U.S.C. 1540(a)(1)..... (1) Knowing violation of 51,302
section 1538.
(2) Other knowing 24,625
violation.
(3) Any other violation.. 1,296
(d) Lacey Act Amendments of 1981....... 16 U.S.C. 3373(a)........ (1) Violations referred 25,928
to in 16 U.S.C.
3373(a)(1).
(2) Violations referred 648
to in 16 U.S.C.
3373(a)(2).
(e) Marine Mammal Protection Act of 16 U.S.C. 1375........... Any violation............ 25,928
1972.
(f) Recreational Hunting Safety Act of 16 U.S.C. 5202(b)........ (1) Violation involving 16,499
1994. use of force or violence
or threatened use of
force or violence.
(2) Any other violation.. 8,249
(g) Rhinoceros and Tiger Conservation 16 U.S.C. 5305a(b)(2).... Any violation............ 18,049
Act of 1998.
(h) Wild Bird Conservation Act......... 16 U.S.C. 4912(a)(1)..... (1) Violation of section 43,488
4910(a)(1), section
4910(a)(2), or any
permit issued under
section 4911.
(2) Violation of section 20,874
4910(a)(3).
(3) Any other violation.. 870
----------------------------------------------------------------------------------------------------------------
[81 FR 41865, June 28, 2016, as amended at 82 FR 6308, Jan. 19, 2017; 83
FR 5951, Feb. 12, 2018]
Sec. 11.34 Subsequent adjustments.
The Secretary of the Interior or his or her designee will, every
year after August 1, 2016, make the inflation adjustment described in
and required by the Inflation Adjustment Act of each civil monetary
penalty provided by law and within the jurisdiction of the U.S. Fish and
Wildlife Service. Each annual adjustment will be reflected in the table
in Sec. 11.33.
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.
[[Page 35]]
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]
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.
[[Page 36]]
(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 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
[[Page 37]]
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 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
[[Page 38]]
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.
(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
[[Page 39]]
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]
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.
[[Page 40]]
(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:
(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:
[[Page 41]]
(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;
(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
[[Page 42]]
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
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
[[Page 43]]
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.
(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
[[Page 44]]
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.
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.
(a) A person must obtain a valid permit before commencing an
activity for which a permit is required by this subchapter, except as
provided in Sec. 23.53 of this subchapter for retrospective permits for
certain CITES shipments under very specific situations.
(b) A person must apply for such a permit under the general permit
procedures of this part and any other regulations in this subchapter
that apply to the proposed activity.
(1) The requirements of all applicable parts of this subchapter must
be met.
(2) A person may submit one application that includes the
information required in each part of this subchapter,
[[Page 45]]
and a single permit will be issued if appropriate.
[72 FR 48445, Aug. 23, 2007]
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
`` Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES)'' (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, as amended at 79 FR 30417, May 27, 2014]
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 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.
[[Page 46]]
(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 part 15); injurious wildlife permits (50 CFR part 16);
captive-bred wildlife registrations (50 CFR part 17); permits
authorizing import, export, or foreign commerce of endangered and
threatened species, and interstate commerce of nonnative endangered or
threatened species (50 CFR part 17); marine mammal permits (50 CFR part
18); and permits and certificates for import, export, and re-export of
species listed under the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) (50 CFR part 23) from the
Service's permits Web page at http://www.fws.gov/permits/ or from the
Division of Management Authority at the address provided at 50 CFR
2.1(b). Submit completed permit applications to the same street 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 part 22) and migratory bird permits (50 CFR part 21), except for
banding and marking permits, from, and you may submit completed
applications to, the ``Migratory Bird Permit Program Office'' in the
Region in which you reside. For addresses of the regional offices, see
50 CFR 2.2, or go to: http://www.fws.gov/migratorybirds/mbpermits/
Addresses.html.
(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
[[Page 47]]
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 paragraph (d),
you must pay the required permit processing fee at the time that you
apply for issuance or amendment of a permit. You must pay in U.S.
dollars. If you submit a check or money order, it must be 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.
(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).
----------------------------------------------------------------------------------------------------------------
Permit application Administration
Type of permit CFR Citation fee fee\1\ Amendment fee
----------------------------------------------------------------------------------------------------------------
Migratory Bird Treaty Act
----------------------------------------------------------------------------------------------------------------
Migratory Bird Import/Export...... 50 CFR part 21....... 75...................
Migratory Bird Banding or Marking. 50 CFR part 21....... No fee...............
Migratory Bird Scientific 50 CFR part 21....... 100.................. .............. 50
Collecting.
Migratory Bird Taxidermy.......... 50 CFR part 21....... 100..................
Waterfowl Sale and Disposal....... 50 CFR part 21....... 75...................
Special Canada Goose.............. 50 CFR part 21....... No fee...............
Migratory Bird Special Purpose/ 50 CFR part 21....... 75...................
Education.
Migratory Bird Special Purpose/ 50 CFR part 21....... 75...................
Salvage.
Migratory Bird Special Purpose/ 50 CFR part 21....... 75...................
Game Bird Propagation.
Migratory Bird Special Purpose/ 50 CFR part 21....... 100..................
Miscellaneous.
Raptor Propagation................ 50 CFR part 21....... 100..................
Migratory Bird Rehabilitation..... 50 CFR part 21....... 50...................
Migratory Bird Depredation........ 50 CFR part 21....... 100.................. .............. 50
Migratory Bird Depredation/ 50 CFR part 21....... 50...................
Homeowner.
----------------------------------------------------------------------------------------------------------------
Bald and Golden Eagle Protection Act
----------------------------------------------------------------------------------------------------------------
Eagle Scientific Collecting....... 50 CFR part 22....... 100.................. .............. 50
Eagle Exhibition.................. 50 CFR part 22....... 75...................
Eagle--Native American Religion... 50 CFR part 22....... No fee...............
Eagle Take permits--Depredation 50 CFR part 22....... 100..................
and Protection of Health and
Safety.
Golden Eagle Nest Take............ 50 CFR part 22....... 100.................. .............. 50
[[Page 48]]
Eagle Transport--Scientific or 50 CFR part 22....... 75...................
Exhibition.
Eagle Transport--Native American 50 CFR part 22....... No fee...............
Religious Purposes.
Eagle Incidental Take--Up to 5 50 CFR part 22....... 2,500................ .............. 500
years, Commercial.
Eagle Incidental Take--Non- 50 CFR part 22....... 500.................. .............. 150
commercial.
Eagle Incidental Take--5-30 years. 50 CFR part 22....... 36,000............... \1\ 8,000
Eagle Incidental Take--Transfer of 50 CFR part 22....... 1,000................
a permit.
Eagle Nest Take--Single nest, 50 CFR part 22....... 2,500................ .............. 500
Commercial.
Eagle Nest Take--Single nest, Non- 50 CFR part 22....... 500.................. .............. 150
commercial.
Eagle Nest Take--Multiple nests... 50 CFR part 22....... 5,000................ .............. 500
Eagle Take--Exempted under ESA.... 50 CFR part 22....... No fee...............
Endangered Species Act/CITES/Lacey Act
----------------------------------------------------------------------------------------------------------------
ESA Recovery...................... 50 CFR part 17....... 100.................. .............. 50
ESA Interstate Commerce........... 50 CFR part 17....... 100.................. .............. 50
ESA Enhancement of Survival (Safe 50 CFR part 17....... 50................... .............. 25
Harbor Agreement).
ESA Enhancement of Survival 50 CFR part 17....... 50................... .............. 25
(Candidate Conservation Agreement
with Assurances).
ESA Incidental Take (Habitat 50 CFR part 17....... 100.................. .............. 50
Conservation Plan).
ESA and CITES Import/Export and 50 CFR part 17....... 100.................. .............. 50
Foreign Commerce.
ESA and CITES Museum Exchange..... 50 CFR part 17....... 100.................. .............. 50
ESA Captive-bred Wildlife 50 CFR part 17....... 200.................. .............. 100
Registration.
--Renewal of Captive-bred Wildlife 50 CFR part 17....... 100..................
Registration.
CITES Import (including trophies 50 CFR parts 17, 18, 100.................. .............. 50
under ESA and MMPA). 23.
CITES Export...................... 50 CFR part 23....... 100.................. .............. 50
CITES Pre-Convention.............. 50 CFR part 23....... 75................... .............. 40
CITES Certificate of Origin....... 50 CFR part 23....... 75................... .............. 40
CITES Re-export................... 50 CFR part 23....... 75................... .............. 40
CITES Personal Effects and Pet 50 CFR part 23....... 50...................
Export/Re-export.
CITES Appendix II Export (native 50 CFR part 23....... 100.................. .............. 50
furbearers and alligators--
excluding live animals).
CITES Master File (includes files 50 CFR part 23....... 200.................. .............. 100
for artificial propagation,
biomedical, etc., and covers
import, export, and re-export
documents).
--Renewal of CITES Master File.... 50 CFR part 23....... 100..................
--Single-use permits issued on 50 CFR part 23....... 5 \2\................
Master File.
CITES Annual Program File......... 50 CFR part 23....... 50...................
--Single-use permits issued under 50 CFR part 23....... 5 \2\................
Annual Program.
CITES replacement documents (lost, 50 CFR part 23....... 50................... .............. 50
stolen, or damaged documents).
CITES Passport for Traveling 50 CFR part 23....... 75 \3\...............
Exhibitions and Pets.
CITES/ESA Passport for Traveling 50 CFR part 23....... 100 \3\..............
Exhibitions.
CITES Introduction from the Sea... 50 CFR part 23....... 100.................. .............. 50
CITES Participation in the Plant 50 CFR part 23....... No fee...............
Rescue Center Program.
CITES Registration of Commercial 50 CFR part 23....... 100..................
Breeding Operations for Appendix-
I Wildlife.
CITES Request for Approval of an 50 CFR part 23....... No fee...............
Export Program for a State or
Tribe (American Ginseng, Certain
Furbearers, and American
Alligator).
Import/Export License............. 50 CFR part 14....... 100.................. .............. 50
Designated Port Exception......... 50 CFR part 14....... 100.................. .............. 50
Injurious Wildlife Permit......... 50 CFR part 16....... 100.................. .............. 50
--Transport Authorization for 50 CFR part 16....... 25...................
Injurious Wildlife.
----------------------------------------------------------------------------------------------------------------
Wild Bird Conservation Act (WBCA)
----------------------------------------------------------------------------------------------------------------
Personal Pet Import............... 50 CFR part 15....... 50...................
WBCA Scientific Research, 50 CFR part 15....... 100.................. .............. 50
Zoological Breeding or Display,
Cooperative Breeding.
WBCA Approval of Cooperative 50 CFR part 15....... 200.................. .............. 100
Breeding Program.
--Renewal of a WBCA Cooperative 50 CFR part 15....... 50...................
Breeding Program.
WBCA Approval of a Foreign 50 CFR part 15....... 250 \4\..............
Breeding Facility.
----------------------------------------------------------------------------------------------------------------
Marine Mammal Protection Act
----------------------------------------------------------------------------------------------------------------
Marine Mammal Public Display...... 50 CFR part 18....... 300.................. .............. 150
Marine Mammal Scientific Research/ 50 CFR part 18....... 150.................. .............. 75
Enhancement/Registered Agent or
Tannery.
[[Page 49]]
--Renewal of Marine Mammal 50 CFR part 18....... 75................... ..............
Scientific Research/Enhancement/
Registered Agent or Tannery.
----------------------------------------------------------------------------------------------------------------
\1\ An additional Administration Fee of $8,000 will be assessed every 5 years for permits with durations longer
than 5 years for permit review.
\2\ Each.
\3\ Per animal.
\4\ Per species.
(5) We will charge a fee for 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, as amended at 72 FR 48445, Aug. 23, 2007;
73 FR 29083, May 20, 2008; 73 FR 42281, July 21, 2008; 74 FR 46875,
Sept. 11, 2009; 78 FR 35152, June 12, 2013; 78 FR 73723, Dec. 9, 2013;
79 FR 30417, May 27, 2014; 79 FR 43964, July 29, 2014; 81 FR 8002, Feb.
17, 2016; 82 FR 41177, Aug. 30, 2017]
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 and address (street address, city, county,
state, and zip code; and mailing address if different from street
address); home and work telephone numbers; and, if available, a fax
number and e-mail address, and:
(i) If the applicant resides or is located outside the United
States, an address in the United States, and, if conducting commercial
activities, the name and address of his or her agent that is located in
the United States; and
(ii) If the applicant is an individual, the date of birth, social
security number, if available, occupation, and any business, agency,
organizational, or institutional affiliation associated with the
wildlife or plants to be covered by the license or permit; or
(iii) If the applicant is a business, corporation, public agency, or
institution, the tax identification number; description of the type of
business, corporation, agency, or institution; and the name and title of
the person responsible for the permit (such as president, principal
officer, or director);
(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 wildlife or
plants, documentation as indicated in Sec. 14.52(c) of this subchapter
B;
[[Page 50]]
(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 permit applications. For CITES permit
applications, see part 23 of this subchapter. Additional information
required on applications for other types of permits may be found by
referring to the sections of this subchapter cited in the following
table:
------------------------------------------------------------------------
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
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 and protection of health and safety........... 22.23
Falconry purposes......................................... 22.24
Take of golden eagle nests................................ 22.25
Eagle take--Associated with but not the purpose of an 22.26
activity.................................................
Eagle nest take........................................... 22.27
Eagle take--Exempted under ESA............................ 22.28
------------------------------------------------------------------------
[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; 72 FR 48446, Aug. 23,
2007; 73 FR 29083, May 20, 2008; 74 FR 46876, Sept. 11, 2009; 79 FR
30417, May 27, 2014]
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
[[Page 51]]
material fact, in connection with his application;
(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]
[[Page 52]]
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 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 may continue the activities authorized by the expired
permit until the Service acts on the application for renewal if all of
the following conditions are met:
(1) The permit is currently in force and not suspended or revoked;
(2) The person has complied with this section; and
(3) The permit is not a CITES document that was issued under part 23
of this subchapter (because the CITES document is void upon expiration).
(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, as amended at 72 FR 48446, Aug. 23, 2007]
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) or permits issued under Sec. 22.26 of
this subchapter B, the successor's authorization under the permit is
also subject to our determination 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 any applicable conservation
measures, conservation plan, or Agreement and will implement the
relevant terms and conditions of the permit, including any
[[Page 53]]
outstanding minimization and mitigation requirements; and
(3) The successor has provided such other information as we
determine is relevant to the processing of the request.
[64 FR 32711, June 17, 1999, as amended at 78 FR 73725, Dec. 9, 2013]
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.
(b) Permits issued under Sec. 17.22(b) through (d) or Sec.
17.32(b) through (d) or permits issued under Sec. 22.26 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 we determine 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
of sufficient funding for the conservation measures, 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 other information that we
determine 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.
(f) In the case of permits issued under Sec. 22.26 of this
subchapter B to a Federal, State, tribal, or local governmental entity,
a person is under the direct control of the permittee if the person is
under the jurisdiction of the permittee, provided the permittee has the
regulatory authority to require the person to comply with the terms and
conditions of the permit and the permit provides that such person(s) may
carry out the authorized activity.
[64 FR 32711, June 17, 1999, as amended at 64 FR 52676, Sept. 30, 1999;
69 FR 24092, May 3, 2004; 78 FR 73725, Dec. 9, 2013]
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
[[Page 54]]
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 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
[[Page 55]]
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
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
[[Page 56]]
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 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. Permittees who
reside or are located in the United States and permittees conducting
commercial activities in the United States who reside or are located
outside the United States must maintain records at a location in the
United States where the records are available for inspection.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 54
FR 38150, Sept. 14, 1989; 72 FR 48446, Aug. 23, 2007]
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
[[Page 57]]
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.
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 and Inspection Fees
14.91 When do I need an import/export license?
14.92 What are the exemptions to the import/export license requirement?
14.93 How do I apply for an import/export license?
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.
[[Page 58]]
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.
Subpart K_Captive Wildlife Safety Act
14.250 What is the purpose of these regulations?
14.251 What other regulations may apply?
14.252 What definitions do I need to know?
14.253 What are the restrictions contained in these regulations?
14.254 What are the requirements contained in these regulations?
14.255 Are there any exemptions to the restrictions contained in these
regulations?
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.
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 (OMB) has approved the
information collection requirements contained in this part 14 under 44
U.S.C. 3507 and assigned OMB Control Numbers 1018-0012, 1018-0092, and
1018-0129. 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. You can direct comments regarding
these information collection requirements to the Service's Information
Collection Clearance Officer at the address provided at 50 CFR 2.1(b).
[72 FR 45946, Aug. 16, 2007, as amended at 79 FR 43964, July 29, 2014]
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
[[Page 59]]
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; 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.
[[Page 60]]
(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 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.
[[Page 61]]
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
(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]
[[Page 62]]
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 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.
[[Page 63]]
(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 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
[[Page 64]]
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 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;
[[Page 65]]
(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 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.
[[Page 66]]
(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.
(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
[[Page 67]]
(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
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
[[Page 68]]
(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.
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
[[Page 69]]
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 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 and Inspection Fees
Source: 73 FR 74628, Dec. 9, 2008, unless otherwise noted.
Sec. 14.91 When do I need an import/export license?
(a) The Endangered Species Act (16 U.S.C. 1538(d)(1)) makes it
unlawful for any person to engage in business as an importer or exporter
of certain fish or wildlife without first having obtained permission
from the Secretary. For the purposes of this subchapter, engage in
business means to import or export wildlife for commercial purposes.
(b) Except as provided in Sec. 14.92, if you engage in the business
of importing or exporting wildlife for commercial purposes (see Sec.
14.4), you must obtain an import/export license prior to importing or
exporting your wildlife shipment.
(c) The following table includes some examples of when an import/
export license is required:
------------------------------------------------------------------------
If I import into the United States or . . . do I need an import/
export from the United States export license?
------------------------------------------------------------------------
(1) Wildlife in the form of products such Yes.
as garments, bags, shoes, boots,
jewelry, rugs, trophies, or curios for
commercial purposes.
(2) Wildlife in the form of hides, furs, Yes.
or skins for commercial purposes.
(3) Wildlife in the form of food for Yes.
commercial purposes.
(4) As an animal dealer, animal broker, Yes.
pet dealer, or pet or laboratory
supplier.
(5) As an individual owner of a No.
personally owned live wildlife pet for
personal use.
(6) As a collector or hobbyist for No.
personal use.
(7) As a collector or hobbyist for Yes.
commercial purposes, including sale,
trade or barter.
(8) As a laboratory researcher or Yes.
biomedical supplier for commercial
purposes.
(9) As a customs broker or freight No.
forwarder engaged in business as a
dispatcher, handler, consolidator, or
transporter of wildlife or if I file
documents with the Service on behalf of
others.
(10) As a common carrier engaged in No.
business as a transporter of wildlife.
(11) As a taxidermist, outfitter, or Yes.
guide importing or exporting my own
hunting trophies for commercial purposes.
(12) As a taxidermist, outfitter, or No.
guide transporting or shipping hunting
trophies for clients or customers.
(13) As a U.S. taxidermist receiving a No.
U.S. client's personal hunting trophies
after import clearance for processing.
(14) As a U.S. taxidermist importing Yes.
wildlife from or exporting wildlife to
foreign owners who are requesting my
services.
(15) As a foreign owner of wildlife No.
exporting my personal hunting trophies
from the United States to my home.
(16) As a circus for exhibition or resale Yes.
purposes.
(17) As a Federal, State, municipal, or No.
tribal agency.
[[Page 70]]
(18) As a public museum, or public No.
scientific or educational institution
for noncommercial research or
educational purposes.
------------------------------------------------------------------------
Sec. 14.92 What are the exemptions to the import/export license requirement?
(a) Certain wildlife. Any person may engage in business as an
importer or exporter of the following types of wildlife without
obtaining an import/export license:
(1) Shellfish (see Sec. 10.12 of this chapter) and nonliving
fishery products that do not require a permit under parts 16, 17, or 23
of this subchapter, and are 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;
(2) Live farm-raised fish and farm-raised fish eggs of species that
do not require a permit under parts 16, 17, or 23 of this subchapter,
that meet the definition of ``bred-in-captivity'' as stated in Sec.
17.3 of this subchapter and that are for export only; and
(3) Live aquatic invertebrates of the Class Pelecypoda, commonly
known as oysters, clams, mussels, and scallops, and their eggs, larvae,
or juvenile forms, that do not require a permit under parts 16, 17, or
23 of this subchapter, and are exported only for the purposes of
propagation or research related to propagation; and
(4) Pearls that do not require a permit under parts 16, 17, or 23 of
this subchapter.
(b) Certain persons. (1) The following persons may import or export
wildlife without obtaining an import/export license, provided that these
persons keep records that will fully and correctly describe each
importation or exportation of wildlife made by them and the subsequent
disposition made by them with respect to the wildlife.
(i) Public museums, or other public, scientific, or educational
institutions, importing or exporting wildlife for noncommercial research
or educational purposes; and
(ii) Federal, State, tribal, or municipal agencies.
(2) Subject to applicable limitations of law, duly authorized
Service officers at all reasonable times will, upon notice, be given
access to these persons' places of business, an opportunity to examine
their inventory of imported wildlife or the wildlife to be exported, the
records described in paragraph (1) of this section, and an opportunity
to copy those records.
Sec. 14.93 How do I apply for an import/export license?
(a) Application form. You must submit a completed FWS Form 3-200-3,
including the certification found on the form and in Sec. 13.12(a) of
this subchapter, to the appropriate regional Special Agent in Charge
under the provisions of this subpart and part 13 of this subchapter.
(b) Import/export license conditions. In addition to the general
permit conditions in part 13 of this subchapter, you must comply with
the following conditions:
(1) You must comply with all requirements of this part, all other
applicable parts of this subchapter, and any specific conditions or
authorizations described on the face of, or on an annex to, the import/
export license;
(2) You must pay all applicable license and inspection fees as
required in Sec. 14.94;
(3) You are responsible for providing current contact information to
us, including a mailing address where you will receive all official
notices the Service sends;
(4) You must keep, in a U.S. location, the following records that
completely and correctly describe each import or export of wildlife that
you made under the import/export license and, if applicable, any
subsequent disposition that you made of the wildlife, for a period of 5
years:
(i) A general description of the wildlife, such as ``live,'' ``raw
hides,'' ``fur garments,'' ``leather goods,'' ``footwear,'' or
``jewelry'';
(ii) The quantity of the wildlife, in numbers, weight, or other
appropriate measure;
(iii) The common and scientific names of the wildlife;
(iv) The country of origin of the wildlife, if known, as defined in
Sec. 10.12 of this subchapter;
[[Page 71]]
(v) The date and place the wildlife was imported or exported;
(vi) The date of the subsequent disposition, if applicable, of the
wildlife and the manner of the subsequent disposition, whether by sale,
barter, consignment, loan, delivery, destruction, or other means;
(vii) The name, address, telephone, and e-mail address, if known, of
the person or business who received the wildlife;
(viii) Copies of all permits required by the laws and regulations of
the United States; and
(ix) Copies of all permits required by the laws of any country of
export, re-export, or origin of the wildlife.
(5) You must, upon notice, provide authorized Service officers with
access to your place(s) of business at all reasonable times and give us
an opportunity to examine your inventory of imported wildlife or the
wildlife to be exported, the records required to be kept by paragraph
(b)(4) of this section, and an opportunity to copy these records subject
to applicable limitations of the law;
(6) You must submit a report containing the information you must
keep in paragraph (b)(4) of this section within 30 days of receiving a
written request from us; and
(7) An import/export license gives you general permission to engage
in business as an importer or exporter of wildlife. An import/export
license is in addition to, and does not supersede, any other license,
permit, or requirement established by Federal, State, or tribal law for
the import or export of wildlife.
(c) Duration of import/export license. Any import/export license
issued under this section expires on the date shown on the face of the
import/export license. In no case will the import/export license be
valid for more than 1 year after the date of issuance.
(d) Issuance, denial, suspension, revocation, or renewal of import/
export license. We may deny, suspend, revoke, restrict, or deny renewal
of an import/export license to any person named as the holder, or a
principal officer or agent of the holder, under any of the criteria
described in part 13 of this chapter or under the following criteria:
(1) Failure to pay fees, penalties, or costs required by this part;
(2) You repeatedly fail to notify our Service officers at the
appropriate port at least 48 hours prior to the estimated time of
arrival of a live or perishable wildlife shipment under Sec. 14.54(a)
or at least 48 hours prior to the estimated time of exportation of any
wildlife under Sec. 14.54(f);
(3) You repeatedly import or export certain types of wildlife
without meeting the requirements of this part or other applicable parts
of this subchapter.
Sec. 14.94 What fees apply to me?
(a) Import/export license application fees. You must pay the
application and amendment fees, as defined in Sec. 13.11(d)(4), for any
required import/export license processed under Sec. 14.93 and part 13
of this subchapter.
(b) Designated port exception permit application fees. You must pay
the application and amendment fees, as defined in Sec. 13.11(d)(4), for
any required designated port exception permit processed under subpart C
of this part.
(c) Designated port base inspection fees. Except as provided in
paragraph (k) of this section, an import/export license holder must pay
a base inspection fee, as defined in Sec. 14.94(h)(1), for each
wildlife shipment imported or exported at a designated port or a port
acting as a designated port. You can find a list of designated ports in
Sec. 14.12 and the criteria that allow certain ports to act as
designated ports in Sec. Sec. 14.16-14.19, Sec. 14.22, and Sec. 14.24
of this part.
(d) Staffed nondesignated port base inspection fees. You must pay a
nondesignated port base inspection fee, as defined in Sec. 14.94(h)(2),
for each wildlife shipment imported or exported at a staffed
nondesignated port, using a designated port exception permit issued
under subpart C of this part. This fee is in place of, not in addition
to, the designated port base fee.
(e) Nonstaffed, nondesignated port base inspection fees. You must
pay a nondesignated port base inspection fee, as defined in Sec.
14.94(h)(3), for each wildlife shipment imported or exported at a
nonstaffed, nondesignated port using a designated port exception permit
issued under subpart C of this part.
[[Page 72]]
You must also pay all travel, transportation, and per diem costs
associated with inspection of the shipment. These fees are in place of,
not in addition to, the designated port base fee. The Service will
prorate charges for travel, transportation, and per diem costs if
multiple importers or exporters require inspection at the same time at
the same location. All applicable base and premium fees apply to each
shipment.
(f) Premium inspection fees. You must pay a premium inspection fee
in addition to any base inspection fees required in paragraphs (c), (d),
and (e) of this section, as defined in Sec. 14.94(h)(4), for the
following types of shipments:
(1) Except as provided in paragraph (k) of this section, any
shipment containing live or protected species, as defined in Sec.
14.94(h)(4), imported or exported by an import/export license holder at
a designated port or a port acting as a designated port. You can find a
list of designated ports in Sec. 14.12 and the criteria that allow
certain ports to act as designated ports in Sec. Sec. 14.16-14.19,
Sec. 14.22, and Sec. 14.24;
(2) Any shipment containing live or protected species, as defined in
Sec. 14.94(h)(4), imported or exported via air, ocean, rail, or truck
cargo, by persons not requiring an import/export license under Sec.
14.91, at a designated port or a port acting as a designated port. You
can find a list of designated ports in Sec. 14.12 and the criteria that
allow certain ports to act as designated ports in Sec. Sec. 14.16-
14.19, Sec. 14.22, and Sec. 14.24;
(3) Any shipment containing live or protected species, as defined in
Sec. 14.94(h)(4), imported or exported at a nondesignated port using a
designated port exception permit issued under subpart C of this part.
(4) You must pay two premium inspection fees in addition to any base
inspection fees required in paragraphs (c), (d), and (e) of this
section, as defined in Sec. 14.94(h)(4), if your wildlife shipment
contains live and protected species.
(g) Overtime fees. You must pay fees for any inspections, including
travel time, that begin before normal working hours, that extend beyond
normal working hours, or are on a Federal holiday, Saturday, or Sunday.
(1) Overtime fees are in addition to any base inspection fees or
premium inspection fees required for each shipment. We will charge these
fees regardless of whether or not you have an import/export license.
(2) Our ability to perform inspections during overtime hours will
depend upon the availability of Service personnel. If we cannot perform
an inspection during normal working hours, we may give you the option of
requesting an overtime inspection.
(3) The overtime fee is calculated using a 2-hour minimum plus any
actual time in excess of the minimum. It incorporates the actual time to
conduct an inspection and the travel time to and from the inspection
location.
(4) The Service will charge any overtime, including travel time, in
excess of the minimum in quarter-hour increments of the hourly rate. The
Service will round up an inspection time of 10 minutes or more beyond a
quarter-hour increment to the next quarter-hour and will disregard any
time over a quarter-hour increment that is less than 10 minutes.
(5) The Service will charge only one overtime fee when multiple
shipments are consigned to or are to be exported by the same importer or
exporter and we inspect all at the same time at one location. The
overtime fee will consist of one 2-hour minimum or the actual time for
inspection of all the applicable shipments, whichever is greater. All
applicable base and premium fees will apply to each shipment.
(6) We will charge 1 hour of time at 1\1/2\ times the hourly labor
rate for inspections beginning less than 1 hour before normal working
hours.
(7) We will charge a minimum of 2 hours of time at an hourly rate of
1\1/2\ times the average hourly labor rate for inspections outside
normal working hours, except for inspections performed on a Federal
holiday.
(8) We will charge a minimum of 2 hours of time at an hourly rate of
2 times the average hourly labor rate for inspections performed on a
Federal holiday.
(h) Fee schedule.
[[Page 73]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fee cost per shipment per year
Inspection fee schedule --------------------------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012 and beyond
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Designated port base inspection $85................... $87................... $89.................. $91.................. $93.
fee (see Sec. 14.94 (c)).
(2) Staffed nondesignated port base $133.................. $136.................. $139................. $142................. $145.
inspection fee (see Sec.
14.94(d)).
(3) Nonstaffed nondesignated port $133.................. $136.................. $139................. $142................. $145.
base inspection fee (see Sec.
14.94(e)).
(4) Premium inspection fee at any
port (see Sec. 14.94 (f)):
(i) Protected species. Any $19................... $37................... $56.................. $74.................. $93.
species that requires a permit
under parts 15, 16, 17, 18,
21, 22, or 23 of this chapter;.
(ii) Live species. Any live $19................... $37................... $56.................. $74.................. $93.
wildlife, including live
viable eggs and live pupae.
(5) Overtime inspection fee (see
Sec. 14.94(g)):
(i) Inspections beginning less $48................... $49................... $51.................. $52.................. $53.
than 1 hour before normal work
hours.
(ii) Inspections after normal $96 min. + $48/hr..... $98 min. + $49/hr..... $101 min. + $51/hr... $103 min. + $52/hr... $105 min. + $53/hr.
work hours, including Saturday
and Sunday. (2 hour minimum
charge plus fee for additional
time).
(iii) Inspections on Federal $128 min. + $64/hr.... $131 min.+ $65/hr..... $133 min. + $67/hr... $136 min. + $68/hr... $139 min. + $70/hr.
holidays. (2 hour minimum
charge plus fee for additional
time).
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) The Service will not refund any fee or any portion of any
license or inspection fee or excuse payment of any fee because
importation, exportation, or clearance of a wildlife shipment is refused
for any reason.
(j) All base inspection fees, premium inspection fees, and overtime
fees will apply regardless of whether or not a physical inspection of
your wildlife shipment is performed, and no fees will be prorated except
as provided in paragraphs (e) and (g)(5) of this section.
(k) Exemptions to inspection fees--(1) Certain North American-origin
wild mammal furs or skins. Wildlife shipments that meet all of the
following criteria are exempt from the designated port base inspection
fee (however, these shipments are not exempt from the designated port
overtime fees or the import/export license application fee):
(i) The wildlife is a raw fur; raw, salted, or crusted hide or skin;
or a separate fur or skin part, lawfully taken from the wild in the
United States, Canada, or Mexico that does not require permits under
parts 17, 18, or 23 of this chapter; and
(ii) You, as the importer or exporter, or a member of your immediate
family, such as your spouse, parents, siblings, and children, took the
wildlife from the wild and are shipping the wildlife between the United
States and Canada or Mexico; and
(iii) You have not previously bought or sold the wildlife described
in paragraph (k)(1)(i) of this section, and the shipment does not exceed
100 raw furs; raw, salted, or crusted hides or skins; or fur or skin
parts; and
(iv) You certify on Form 3-177, Declaration for Importation or
Exportation of Fish or Wildlife, that your shipment meets all the
criteria in this section.
(2) You do not have to pay base inspection fees, premium inspection
fees, or overtime fees if you are importing or exporting wildlife that
is exempt from import/export license requirements as defined in Sec.
14.92(a) or you are importing or exporting wildlife as a government
agency as defined in Sec. 14.92(b)(1)(ii).
(3) You do not have to pay base inspection fees, premium inspection
fees, or overtime fees if you are importing or exporting wildlife that
meets the criteria for ``domesticated animals'' as defined in Sec.
14.4.
[[Page 74]]
(4) Fee exemption program for low-risk importations and
exportations--(i) Program criteria. Businesses that require an import/
export license under Sec. 14.93 may be exempt from the designated port
base inspection fee as set forth in this paragraph (k)(4)(i). To
participate in this program, you, the U.S. importer or exporter, must
continue to pay the overtime fees, the nondesignated port base fees, or
the import/export license and nondesignated port application fees, and
your business must meet all of the following conditions:
(A) Each shipment does not contain live wildlife.
(B) Each shipment does not contain wildlife that requires a permit
or certificate under parts 15, 17, 18, 20, 21, 22, or 23 of this chapter
or is listed under part 16 of this chapter.
(C) Each shipment contains 25 or fewer wildlife parts and products
containing wildlife.
(D) Each wildlife shipment is valued at $5,000 or less.
(E) Your business has not been assessed a civil penalty, issued a
violation notice, or convicted of any misdemeanor or felony violations
involving the import or export of wildlife.
(F) Your business has had two or fewer wildlife shipments that were
refused clearance in the 5 years prior to the receipt of your request by
the Service.
(G) Your business has not previously participated in the program and
been removed for failure to meet the criteria.
(ii) Program participation. To participate in the fee exemption
program for low-risk importations and exportations, you must use the
Service's electronic declaration filing system (eDecs) and take the
following actions:
(A) You must certify that you will exclusively import and export
wildlife shipments that meet all the criteria in paragraph (k)(4)(i) of
this section and renew this certification annually. Upon completion of
the certification and review of the criteria by the Service, eDecs will
notify you if you have been approved to participate in the program.
(B) You must continue to meet the criteria in paragraph (k)(4)(i) of
this section while participating in the program. If you fail to meet the
criteria after approval, you will be removed from the program and must
pay all applicable fees.
(C) If approved to participate in the program you must file FWS Form
3-177 and all required accompanying documents electronically using eDecs
for each shipment and meet all other requirements of this part.
[73 FR 74628, Dec. 9, 2008, as amended at 77 FR 65326, Oct. 26, 2012]
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.
[[Page 75]]
Do not tip means do not excessively rock or otherwise move from a
vertical to a slanting position, knock over, or upset.
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.
[[Page 76]]
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 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 Headquarters (see 50 CFR 2.1(b) for address) 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
[[Page 77]]
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;
(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
[[Page 78]]
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 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; 79 FR 43964, July 29, 2014]
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
[[Page 79]]
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.
(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.
[[Page 80]]
(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.
(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
[[Page 81]]
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.
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
[[Page 82]]
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, 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
[[Page 83]]
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.
(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
[[Page 84]]
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 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.
Subpart K_Captive Wildlife Safety Act
Source: 72 FR 45946, Aug. 16, 2007, unless otherwise noted.
Sec. 14.250 What is the purpose of these regulations?
The regulations in this subpart implement the Captive Wildlife
Safety Act (CWSA), 117 Stat. 2871, which amended the Lacey Act
Amendments of 1981, 16 U.S.C. 3371-3378, by adding paragraphs 2(g),
3(a)(2)(C), and 3(e) (16 U.S.C. 3371, 3372).
Sec. 14.251 What other regulations may apply?
The provisions of this subpart are in addition to, and are not in
place of, other regulations of this subchapter B that may require a
permit or describe additional restrictions or conditions for the
importation, exportation, transportation, sale, receipt, acquisition, or
purchase of wildlife in interstate or foreign commerce.
Sec. 14.252 What definitions do I need to know?
In addition to the definitions contained in part 10 of this
subchapter, and unless the context otherwise requires, in this subpart:
Accredited wildlife sanctuary means a facility that cares for live
specimens of one or more of the prohibited wildlife species and:
(1) Is approved by the United States Internal Revenue Service as a
corporation that is exempt from taxation under Sec. 501(a) of the
Internal Revenue Code of 1986, which is described in Sec. Sec.
501(c)(3) and 170(b)(1)(A)(vi) of that code;
[[Page 85]]
(2) Does not commercially trade in prohibited wildlife species,
including offspring, parts, and products;
(3) Does not propagate any of the prohibited wildlife species; and
(4) Does not allow any direct contact between the public and the
prohibited wildlife species.
Direct contact means any situation in which any individual other
than an authorized keeper or caregiver may potentially touch or
otherwise come into physical contact with any live specimen of the
prohibited wildlife species.
Licensed person means any individual, facility, agency, or other
entity that holds a valid license from and is inspected by the U.S.
Department of Agriculture's Animal and Plant Health Inspection Service
(APHIS) under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.) (See
definition of ``licensee'' in 9 CFR 1.1.).
Prohibited wildlife species means a specimen of any of the following
eight species: Lion (Panthera leo), tiger (Panthera tigris), leopard
(Panthera pardus), snow leopard (Uncia uncia), clouded leopard (Neofelis
nebulosa), jaguar (Panthera onca), cheetah (Acinonyx jubatus), and
cougar (Puma concolor) or any hybrids resulting from the breeding of any
combination of any of these species, for example, a liger (a male lion
and a female tiger) or a tiglon (a male tiger and a female lion),
whether naturally or artificially produced.
Propagate means to allow or facilitate the production of offspring
of any of the prohibited wildlife species, by any means.
Registered person means any individual, facility, agency, or other
entity that is registered with and inspected by APHIS under the AWA (See
definition of ``registrant'' in 9 CFR 1.1.).
Sec. 14.253 What are the restrictions contained in these regulations?
Except as provided in Sec. 14.255, it is unlawful for any person to
import, export, transport, sell, receive, acquire, or purchase, in
interstate or foreign commerce, any live prohibited wildlife species.
Sec. 14.254 What are the requirements contained in these regulations?
In order to qualify for the exemption in Sec. 14.255, an accredited
wildlife sanctuary must maintain complete and accurate records of any
possession, transportation, acquisition, disposition, importation, or
exportation of the prohibited wildlife species covered by the CWSA.
These records must be up to date, and must include the names and
addresses of persons to or from whom any prohibited wildlife species has
been acquired, imported, exported, purchased, sold, or otherwise
transferred; and the dates of these transactions. The accredited
wildlife sanctuary must maintain these records for 5 years, must make
these records available to Service officials for inspection at
reasonable hours, and must copy these records for Service officials, if
requested. In addition, by declaring itself to be accredited under this
subpart, a wildlife sanctuary agrees to allow access to its facilities
and its prohibited wildlife specimens by Service officials at reasonable
hours.
Sec. 14.255 Are there any exemptions to the restrictions contained
in these regulations?
The prohibitions of Sec. 14.253 do not apply to:
(a) A licensed person or registered person;
(b) A State college, university, or agency;
(c) A State-licensed wildlife rehabilitator;
(d) A State-licensed veterinarian;
(e) An accredited wildlife sanctuary; or
(f) A person who:
(1) Can produce documentation showing that he or she is transporting
live prohibited wildlife species between persons who are exempt from the
prohibitions in Sec. 14.253; and
(2) Has no financial interest in the prohibited wildlife species
other than payment received for transporting them.
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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: 16 U.S.C. 4901-4916.
Source: 58 FR 60536, Nov. 16, 1993, unless otherwise noted.
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
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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. 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's Information Collection
Clearance Officer at the address provided at 50 CFR 2.1(b).
[63 FR 52634, Oct. 1, 1998, as amended at 79 FR 43964, July 29, 2014]
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
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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.
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 attention of the Director, U.S. Fish and Wildlife
Service, at the address listed for the Division of Management Authority
at 50 CFR 2.1(b). 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; 79
FR 43964, July 29, 2014]
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:
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(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 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;
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(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:
(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:
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(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;
(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
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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
(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:
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(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 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
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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.
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
[[Page 95]]
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.
(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
[[Page 96]]
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 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;
[[Page 97]]
(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 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................. Turquoise parrot.
Neophema splendida................. Scarlet-chested parrot.
Nymphicus hollandicus.............. Cockatiel.
Platycercus adelaide............... Adelaide rosella.
Platycercus adscitus............... Pale-headed rosella.
Platycercus elegans................ Crimson rosella.
Platycercus eximius................ Eastern rosella
Platycercus icterotis.............. Western (stanley) rosella.
Platycercus venustus............... Northern rosella.
Polytelis alexandrae............... Princess parrot.
Polytelis anthopeplus.............. Regent parrot.
Polytelis swainsonii............... Superb parrot.
Psephotus chrysopterygius \1\...... Golden-shouldered parakeet.
Psephotus haematonotus............. Red-rumped parakeet.
Psephotus varius................... Mulga parakeet.
Psittacula eupatria (blue form).... Alexandrine parakeet (blue
form).
Psittacula eupatria (lutino form).. Alexandrine parakeet (lutino
form).
Psittacula krameri manillensis..... Indian ringneck parakeet.
Purpureicephalus spurius........... Red-capped parrot.
Trichoglossus chlorolepidotus...... Scaly-breasted lorikeet.
[[Page 98]]
Order Passeriformes:
Aegintha temporalis................ Red-browed Finch.
Aidemosyne modesta................. Cherry Finch.
Chloebia gouldiae.................. Gouldian finch.
Emblema guttata.................... Diamond Sparrow.
Emblema picta...................... Painted finch.
Lonchura castaneothorax............ Chestnut-breasted finch.
Lonchura domestica................. Society (=Bengalese) finch.
Lonchura pectoralis................ Pictorella finch.
Neochmia ruficauda................. Star finch.
Poephila acuticauda................ Long-tailed grassfinch.
Poephila bichenovii................ Double-barred finch.
Poephila cincta.................... Parson finch.
Poephila guttata................... Zebra finch.
Poephila personata................. Masked finch.
Serinus canaria.................... Common Canary.
------------------------------------------------------------------------
\1\ Note: Permits are still required for this species under part 17 of
this chapter.
(b) Non-captive-bred species. The list 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 issued
pursuant to subpart C of this part.
[59 FR 62262, Dec. 2, 1994, as amended at 61 FR 2093, Jan. 24, 1996; 82
FR 16540, Apr. 5, 2017]
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 or dead amphibians or their eggs.
16.15 Importation of live reptiles or their eggs.
[[Page 99]]
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 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
[[Page 100]]
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 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.
(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).
[[Page 101]]
(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).
(v) Any live fish, gametes, viable eggs, or hybrids of the following
species in family Cyprinidae:
(A) Carassius carassius (crucian carp).
(B) Carassius gibelio (Prussian carp).
(C) Hypophthalmichthys harmandi (largescale silver carp).
(D) Hypophthalmichthys molitrix (silver carp).
(E) Hypophthalmichthys nobilis (bighead carp).
(F) Mylopharyngodon piceus (black carp).
(G) Phoxinus phoxinus (Eurasian minnow).
(H) Pseudorasbora parva (stone moroko).
(I) Rutilus rutilus (roach).
(vi) Any live fish, gametes, viable eggs, or hybrids of Lates
niloticus (Nile perch), family Centropomidae.
(vii) Any live fish, gametes, viable eggs, or hybrids of Perccottus
glenii (Amur sleeper), family Odontobutidae.
(viii) Any live fish, gametes, viable eggs, or hybrids of the
following species in family Percidae:
(A) Perca fluviatilis (European perch).
(B) Sander lucioperca (zander).
(ix) Any live fish, gametes, viable eggs, or hybrids of Silurus
glanis (wels catfish), family Siluridae.
(x) Any live crustacean, gametes, viable eggs, or hybrids of Cherax
destructor (common yabby), family Parastacidae.
(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) 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
[[Page 102]]
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 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
[[Page 103]]
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.
(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
[[Page 104]]
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 the
Division of Fish and Aquatic Conservation Programs at the address
provided at 50 CFR 2.1(b) or by telephone at 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; 72 FR 37469, July 10, 2007; 72 FR 59035, Oct.
18, 2007; 76 FR 15858, Mar. 22, 2011; 79 FR 43964, July 29, 2014; 81 FR
67899, Sept. 30, 2016]
Sec. 16.14 Importation of live or dead amphibians or their eggs.
(a) The importation, transportation, or acquisition of any live or
dead specimen, including parts, but not eggs or gametes, of the genera
Chioglossa, Cynops, Euproctus, Hydromantes, Hynobius, Ichthyosaura,
Lissotriton, Neurergus, Notophthalmus, Onychodactylus, Paramesotriton,
Plethodon, Pleurodeles, Salamandra, Salamandrella, Salamandrina, Siren,
Taricha, Triturus, and Tylototriton, including but not limited to, the
species listed in this paragraph, is prohibited except as provided under
the terms and conditions set forth at Sec. 16.22 of this part:
(1) Chioglossa lusitanica (golden striped salamander).
(2) Cynops chenggongensis (Chenggong fire-bellied newt).
(3) Cynops cyanurus (blue-tailed fire-bellied newt).
(4) Cynops ensicauda (sword-tailed newt).
(5) Cynops fudingensis (Fuding fire-bellied newt).
(6) Cynops glaucus (bluish grey newt, Huilan Rongyuan).
[[Page 105]]
(7) Cynops orientalis (Oriental fire belly newt, Oriental fire-
bellied newt).
(8) Cynops orphicus (no common name).
(9) Cynops pyrrhogaster (Japanese newt, Japanese fire-bellied newt).
(10) Cynops wolterstorffi (Kunming Lake newt).
(11) Euproctus montanus (Corsican brook salamander).
(12) Euproctus platycephalus (Sardinian brook salamander).
(13) Hydromantes ambrosii (Ambrosi salamander).
(14) Hydromantes brunus (limestone salamander).
(15) Hydromantes flavus (Mount Albo cave salamander).
(16) Hydromantes genei (Sardinian cave salamander).
(17) Hydromantes imperialis (imperial cave salamander).
(18) Hydromantes italicus (Italian cave salamander).
(19) Hydromantes platycephalus (Mount Lyell salamander).
(20) Hydromantes sarrabusensis (no common name).
(21) Hydromantes shastae (Shasta salamander).
(22) Hydromantes strinatii or Speleomantes strinatii (French cave
salamander, Strinati's cave salamander).
(23) Hydromantes supramontis (Supramonte cave salamander).
(24) Hynobius abei (Abe's salamander).
(25) Hynobius amakusaensis (Amakusa-sanshouo).
(26) Hynobius amjiensis (Anji salamander).
(27) Hynobius arisanensis (Arisan hynobid).
(28) Hynobius boulengeri (Odaigahara salamander).
(29) Hynobius chinensis (Chinese salamander).
(30) Hynobius dunni (Oita salamander).
(31) Hynobius formosanus (Taiwan salamander).
(32) Hynobius fucus or Hynobius fuca (Taiwan lesser salamander).
(33) Hynobius glacialis (Nanhu salamander).
(34) Hynobius guabangshanensis (no common name).
(35) Hynobius hidamontanus (Hakuba salamander).
(36) Hynobius hirosei (no common name).
(37) Hynobius katoi (Akaishi sansho-uo).
(38) Hynobius kimurae (Hida salamander).
(39) Hynobius leechii (northeastern China hynobiid salamander).
(40) Hynobius lichenatus (northeast salamander).
(41) Hynobius maoershanensis (no common name).
(42) Hynobius naevius (blotched salamander).
(43) Hynobius nebulosus (misty salamander).
(44) Hynobius nigrescens (black salamander).
(45) Hynobius okiensis (Oki salamander).
(46) Hynobius osumiensis (Osumi-sanshouo).
(47) Hynobius quelpaertensis (no common name).
(48) Hynobius retardatus (Hokkaido salamander).
(49) Hynobius shinichisatoi (Sobo-sanshouo).
(50) Hynobius sonani (Sonan's hynobiid).
(51) Hynobius stejnegeri (Bekko Sansho-uo).
(52) Hynobius takedai (Hokuriku Sansho-uo).
(53) Hynobius tokyoensis (Tokyo salamander).
(54) Hynobius tsuensis (Tsushima Sansho-uo).
(55) Hynobius turkestanicus (Turkestanian salamander).
(56) Hynobius yangi (no common name).
(57) Hynobius yatsui (no common name).
(58) Hynobius yiwuensis (Yiwu hynobiid).
(59) Ichthyosaura alpestris (alpine newt).
(60) Lissotriton boscai (Bosca's newt).
(61) Lissotriton helveticus (palmate newt).
(62) Lissotriton italicus (Italian newt).
(63) Lissotriton kosswigi (Triton pontue de Kosswig).
(64) Lissotriton lantzi (no common name).
(65) Lissotriton montandoni (Carpathian newt).
(66) Lissotriton vulgaris (smooth newt).
[[Page 106]]
(67) Neurergus crocatus (no common name).
(68) Neurergus derjugini or Neurergus microspilotus (Kurdistan
newt).
(69) Neurergus kaiseri (Lorestan newt, Luristan newt, emperor
spotted newt, Zagros newt, Iranian harlequin newt, kaiser newt).
(70) Neurergus strauchii (no common name).
(71) Notophthalmus meridionalis (black-spotted newt).
(72) Notophthalmus perstriatus (striped newt).
(73) Notophthalmus viridescens (eastern newt).
(74) Onychodactylus fischeri (long-tailed clawed salamander).
(75) Onychodactylus fuscus (Tadami clawed salamander).
(76) Onychodactylus intermedius (Bandai clawed salamander).
(77) Onychodactylus japonicus (Japanese clawed salamander).
(78) Onychodactylus kinneburi (Shikoku clawed salamander).
(79) Onychodactylus koreanus (Korai-Sansyouo).
(80) Onychodactylus nipponoborealis (Riben Bei Zhaoni).
(81) Onychodactylus tsukubaensis (Tsukuba clawed salamander).
(82) Onychodactylus zhangyapingi (Jilin Zhaoni).
(83) Onychodactylus zhaoermii (Liaoning).
(84) Paramesotriton caudopunctatus (spot-tailed warty newt).
(85) Paramesotriton chinensis (Chinese warty newt).
(86) Paramesotriton deloustali (no common name).
(87) Paramesotriton fuzhongensis (no common name).
(88) Paramesotriton guanxiensis (Guangxi warty newt).
(89) Paramesotriton hongkongensis (no common name).
(90) Paramesotriton labiatus (spotless stout newt).
(91) Paramesotriton longliensis (no common name).
(92) Paramesotriton maolanensis (no common name).
(93) Paramesotriton qixilingensis (no common name).
(94) Paramesotriton wulingensis (no common name).
(95) Paramesotriton yunwuensis (no common name).
(96) Paramesotriton zhijinensis (no common name).
(97) Plethodon ainsworthi (Catahoula salamander, bay springs
salamander).
(98) Plethodon albagula (western slimy salamander).
(99) Plethodon amplus (Blue Ridge gray-cheeked salamander).
(100) Plethodon angusticlavius (Ozark salamander, Ozark zigzag
salamander).
(101) Plethodon asupak (Scott Bar salamander).
(102) Plethodon aureolus (Tellico salamander).
(103) Plethodon caddoensis (Caddo Mountain salamander).
(104) Plethodon chattahoochee (Chattahoochee slimy salamander).
(105) Plethodon cheoah (Cheoah bald salamander).
(106) Plethodon chlorobryonis (Atlantic Coast slimy salamander).
(107) Plethodon cinereus (eastern red-backed salamander, redback
salamander, salamandre rayee, red-backed salamander).
(108) Plethodon cylindraceus (white-spotted slimy salamander).
(109) Plethodon dorsalis (zigzag salamander, northern zigzag
salamander).
(110) Plethodon dunni (Dunn's salamander).
(111) Plethodon electromorphus (northern ravine salamander).
(112) Plethodon elongatus (Del Norte salamander).
(113) Plethodon fourchensis (Fourche Mountain salamander).
(114) Plethodon glutinosus (slimy salamander, northern slimy
salamander).
(115) Plethodon grobmani (southeastern slimy salamander).
(116) Plethodon hoffmani (valley and ridge salamander).
(117) Plethodon hubrichti (Peaks of Otter salamander).
(118) Plethodon idahoensis (Coeur d'Alene salamander).
(119) Plethodon jordani (Appalachian salamander, red-cheeked
salamander, Jordan's salamander).
(120) Plethodon kentucki (Kentucky salamander, Cumberland Plateau
salamander).
(121) Plethodon kiamichi (Kiamichi slimy salamander).
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(122) Plethodon kisatchie (Louisiana slimy salamander).
(123) Plethodon larselli (Larch Mountain salamander).
(124) Plethodon meridianus (South Mountain gray-cheeked salamander,
southern gray-cheeked salamander).
(125) Plethodon metcalfi (southern gray-cheeked salamander).
(126) Plethodon mississippi (Mississippi slimy salamander).
(127) Plethodon montanus (northern gray-cheeked salamander).
(128) Plethodon neomexicanus (Jemez Mountains salamander).
(129) Plethodon nettingi (Cheat Mountain salamander).
(130) Plethodon ocmulgee (Ocmulgee slimy salamander).
(131) Plethodon ouachitae (Rich Mountain salamander).
(132) Plethodon petraeus (Pigeon Mountain salamander).
(133) Plethodon punctatus (white-spotted salamander, cow knob
salamander).
(134) Plethodon richmondi (southern ravine salamander, ravine
salamander).
(135) Plethodon savannah (Savannah slimy salamander).
(136) Plethodon sequoyah (Sequoyah slimy salamander).
(137) Plethodon serratus (southern red-backed salamander).
(138) Plethodon shenandoah (Shenandoah salamander).
(139) Plethodon sherando (Big Levels salamander).
(140) Plethodon shermani (red-legged salamander).
(141) Plethodon stormi (Siskiyou Mountains salamander).
(142) Plethodon teyahalee (Southern Appalachian salamander).
(143) Plethodon vandykei (Van Dyke's salamander).
(144) Plethodon variolatus (South Carolina slimy salamander).
(145) Plethodon vehiculum (western red-backed salamander).
(146) Plethodon ventralis (southern zigzag salamander).
(147) Plethodon virginia (Shenandoah Mountain salamander).
(148) Plethodon websteri (Webster's salamander).
(149) Plethodon wehrlei (Wehrle's salamander).
(150) Plethodon welleri (Weller's salamander).
(151) Plethodon yonahlossee (Yonahlossee salamander).
(152) Pleurodeles nebulosus (no common name).
(153) Pleurodeles poireti (Algerian newt).
(154) Pleurodeles waltl (Spanish newt).
(155) Salamandra algira (Algerian salamander).
(156) Salamandra atra (alpine salamander).
(157) Salamandra corsica (Corsican fire salamander).
(158) Salamandra infraimmaculata (no common name).
(159) Salamandra lanzai (Lanza's alpine salamander, Salamandra di
Lanza).
(160) Salamandra salamandra (fire salamander).
(161) Salamandrella keyserlingii (Siberian newt).
(162) Salamandrella tridactyla (no common name).
(163) Salamandrina perspicillata (northern spectacled salamander).
(164) Salamandrina terdigitata (southern spectacled salamander).
(165) Siren intermedia (lesser siren).
(166) Siren lacertina (greater siren).
(167) Taricha granulosa (rough-skinned newt).
(168) Taricha rivularis (red-bellied newt).
(169) Taricha sierrae (Sierra newt).
(170) Taricha torosa (California newt).
(171) Triturus carnifex (Italian crested newt).
(172) Triturus cristatus (great crested newt).
(173) Triturus dobrogicus (Danube crested newt).
(174) Triturus hongkongensis (no common name)
(175) Triturus ivanbureschi (Balkan-Anatolian crested newt,
Buresch's crested newt).
(176) Triturus karelinii (Southern crested newt).
(177) Triturus macedonicus (no common name).
(178) Triturus marmoratus (marbled newt).
(179) Triturus pygmaeus (pygmy marbled newt).
(180) Triturus vittatus (no common name).
(181) Tylototriton anguliceps (angular-headed newt).
[[Page 108]]
(182) Tylototriton asperrimus (black knobby newt).
(183) Tylototriton broadoridgus (no common name).
(184) Tylototriton dabienicus (no common name).
(185) Tylototriton daweishanensis (no common name).
(186) Tylototriton hainanensis (Hainan knobby newt).
(187) Tylototriton kweichowensis (red-tailed knobby newt).
(188) Tylototriton liuyangensis (no common name).
(189) Tylototriton lizhenchangi (Mangshan crocodile newt).
(190) Tylototriton notialis (no common name).
(191) Tylototriton panhai (no common name).
(192) Tylototriton pseudoverrucosus (southern Sichuan crocodile
newt).
(193) Tylototriton shanjing (Yunnan newt).
(194) Tylototriton shanorum (no common name).
(195) Tylototriton taliangensis (Thailand newt).
(196) Tylototriton uyenoi (no common name).
(197) Tylototriton verrucosus (Himalayan newt).
(198) Tylototriton vietnamensis (no common name).
(199) Tylototriton wenxianensis (Wenxian knobby newt).
(200) Tylototriton yangi (Tiannan crocodile newt).
(201) Tylototriton ziegleri (Ziegler's crocodile newt).
(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
of this chapter, all other species of amphibians may be imported,
transported, and possessed in captivity, without a permit, for
scientific, medical, education, exhibition, or propagating purposes, but
no such 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.
[81 FR 1554, Jan. 13, 2016]