[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Proposed Rules]
[Pages 52297-52301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21303]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R9-IA-2011-0027; 96300-1671-0000-R4]
RIN 1018-AW81


Endangered and Threatened Wildlife and Plants; U.S. Captive-Bred 
Inter-Subspecific Crossed or Generic Tigers

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
amend the regulations that implement the Endangered Species Act (Act) 
by removing inter-subspecific crossed or generic tiger (Panthera 
tigris) (i.e., specimens not identified or identifiable as members of 
Bengal, Sumatran, Siberian, or Indochinese subspecies from the list of 
species that are exempt from registration under the Captive-bred 
Wildlife (CBW) regulations. The exemption currently allows those 
individuals or breeding operations who want to conduct otherwise 
prohibited activities, such as take, interstate commerce, and export, 
under the Act with U.S. captive-bred, live inter-subspecific crossed or 
generic tigers to do so without becoming registered. We are proposing 
this change to the regulations to strengthen control over captive 
breeding of tigers in the United States to ensure that such breeding 
supports the conservation of the species in the wild consistent with 
the purposes of the Act. The inter-subspecific crossed or generic 
tigers remain listed as endangered under the Act, and a person would 
need to obtain authorization under the current statutory and regulatory 
requirements to conduct any otherwise prohibited activities with them.

DATES: We will consider comments received or postmarked on or before 
September 21, 2011.

ADDRESSES: You may submit comments by one of the following methods:
    Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Enter Keyword or ID box, enter FWS-R9-IA-
2011-0027, which is the docket number for this rulemaking. Then, in the 
Search panel at the top of the screen, under the Document Type heading, 
check the box next to Proposed Rules to locate this document. You may 
submit a comment by clicking on ``Send a Comment.''
    By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R9-IA-2011-0027; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We will not accept e-mails or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section at 
the end of SUPPLEMENTARY INFORMATION for further information about 
submitting comments).

FOR FURTHER INFORMATION CONTACT: Timothy J. Van Norman, Chief, Branch 
of Permits, Division of Management Authority, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Suite 212, Arlington, VA 22203; 
telephone 703-358-21040; fax 703-358-2281. If you use a 
telecommunications device for the deaf (TDD), call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    To prevent the extinction of wildlife and plants, the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), and its 
implementing regulations, prohibit any person subject to the 
jurisdiction of the United States from conducting certain activities 
unless authorized by a permit. These activities include import, export, 
take, and interstate or foreign commerce. The Department of the 
Interior may permit these activities for endangered species for 
scientific research or enhancement of the propagation or survival of 
the species, provided the activities are consistent with the purposes 
of the Act.

[[Page 52298]]

In addition, for threatened species, permits may be issued for the 
above-listed activities, as well as zoological, horticultural, or 
botanical exhibition; education; and special purposes consistent with 
the Act. The Secretary of the Interior has delegated the authority to 
administer endangered and threatened species permit matters to the 
Director of the Fish and Wildlife Service. The Service's Division of 
Management Authority administers the permit program for the import or 
export of listed species; the sale or offer for sale in interstate and 
foreign commerce for nonnative listed species; and the take of 
nonnative listed wildlife within the United States.

Previous Federal Action

    In 1979, the Service published the Captive-bred Wildlife (CBW) 
regulations (44 FR 54002, September 17, 1979) to reduce Federal 
permitting requirements and facilitate captive breeding of endangered 
and threatened species under certain conditions. These conditions 
include:
    (1) A person may become registered with the Service to conduct 
otherwise prohibited activities when the activities can be shown to 
enhance the propagation or survival of the species;
    (2) Interstate commerce is authorized only when both the buyer and 
seller are registered for the same species;
    (3) The registration is only for live, mainly non-native endangered 
or threatened wildlife that was born in captivity in the United States 
(although the Service may determine that a native species is eligible 
for the registration; to date, the only native species granted 
eligibility under the registration is the Laysan duck (Anas 
laysanensis));
    (4) Registration does not authorize activities with non-living 
wildlife, a provision that is intended to discourage the propagation of 
endangered or threatened wildlife for consumptive markets; and
    (5) The registrants are required to maintain written records of 
authorized activities and report them annually to the Service. The CBW 
registration has provided zoological institutions and breeding 
operations the ability to quickly move animals between registered 
institutions for breeding purposes.
    In 1993, the Service amended the CBW regulations at 50 CFR 17.21(g) 
(58 FR 68323, December 27, 1993) to eliminate public education through 
exhibition of living wildlife as the sole justification for the 
issuance of a CBW registration. ``This decision was based on the 
Service's belief that the scope of the CBW system should be revised to 
relate more closely to its original intent, i.e., the encouragement of 
responsible breeding that is specifically designed to help conserve the 
species involved'' (63 FR 48636).
    In 1998, the Service amended the CBW regulations (63 FR 48634, 
September 11, 1998) to delete the requirement to obtain a CBW 
registration for holders of inter-subspecific crossed or generic tigers 
(Panthera tigris) (i.e., specimens not identified or identifiable as 
members of Bengal, Sumatran, Siberian, or Indochinese subspecies 
(Panthera tigris tigris, P. t. sumatrae, P. t. altaica, and P. t. 
corbetti, respectively)). Any otherwise prohibited activities with 
these specimens are authorized only when the activities can be shown to 
enhance the propagation or survival of the species, provided the 
principal purpose is to facilitate captive breeding. Although no 
written annual reports are required, holders of these specimens must 
maintain accurate written records of activities, including births, 
deaths, and transfers of specimens, and make the records accessible to 
Service agents for inspection at reasonable hours as provided in 50 CFR 
13.46 and 13.47. The exemption for inter-subspecific crossed or generic 
tigers was based on the alleged lack of conservation value of these 
specimens due to their mixed or unknown genetic composition. The 
intention behind the exemption was for the Service to focus its 
oversight on populations of ``purebred'' animals of the various tiger 
subspecies to further their conservation in the wild. Despite this 
exemption, inter-subspecific crossed or generic tigers are still 
protected under the Act.

Species Status

    The wild tiger was once abundant throughout Asia. By the end of the 
19th Century, an estimated 100,000 tigers occurred in the wild (Nowak 
1999, p. 828), but by the late 1990s, the estimated population declined 
to 5,000-7,000 animals (Seidensticker et al. 1999, p. xvii). Today's 
population is thought to be 3,000-5,000 individuals, according to the 
IUCN (International Union for Conservation of Nature) Red List estimate 
(Chundawat et al. 2010, unpaginated), with no more than 2,500 mature 
breeding adults (Williamson and Henry 2008, pp. 7, 43). The once-
abundant tiger now lives in small, fragmented groups, mostly in 
protected forest, refuges, and national parks (FWS 2010a, p. 1). The 
species occupies only about 7 percent of its original range, and in the 
past decade, the species' range has decreased by as much as 41 percent 
(Dinerstein et al. 2007, p. 508).
    For many years, the international community has expressed concern 
about the status of tigers in the wild and the risk that captive tigers 
may sustain the demand for tiger parts, which would ultimately have a 
detrimental effect on the survival of the species in the wild. In 2005, 
Werner (p. 24) estimated there were 4,692 tigers held in captivity in 
the United States. Approximately 264 tigers were held in institutions 
registered with the Association of Zoos and Aquariums (AZA), 1,179 in 
wildlife sanctuaries, 2,120 in institutions registered by the U.S. 
Department of Agriculture (USDA), and 1,120 in private hands. In 2008, 
Williamson and Henry stated that as many as 5,000 tigers are in 
captivity in the United States, but cautioned that, given the current 
State and Federal legal framework that regulates U.S. captive tigers, 
the exact size of the population is unknown (Williamson and Henry 
2008). An estimated 5,000 captive tigers occur on China's commercial 
tiger farms, where tigers are being bred intensively and produce more 
than 800 animals each year (Williamson and Henry 2008, p. 40). Tiger 
body parts, such as organs, bones, and pelts, are in demand not only in 
China, but also on the global black market. Organs and bones are used 
in traditional Asian medicines, which are purchased by consumers who 
believe the parts convey strength, health, and virility.

Conservation Status

    The tiger is a species of global concern, is classified as 
endangered in the IUCN Red List (IUCN 2010), and is protected by a 
number of U.S. laws and treaties. It is listed as endangered under the 
Act. Section 3 of the Act defines an ``endangered species'' as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range.'' The listing is at the species level 
and, thus, includes all subspecies of tiger (including those that are 
of unknown subspecies, referred to as ``generic'' tigers) and inter-
subspecific crosses.
    The species is also protected by the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES). Under this 
treaty, 175 member countries (Parties) work together to ensure that 
international trade in protected species is not detrimental to the 
survival of wild populations. The United States and all the tiger range 
countries are Parties to CITES. The tiger is listed in Appendix I, 
which includes species threatened with extinction whose trade is 
permitted only under exceptional circumstances, and which generally 
precludes commercial trade. The United

[[Page 52299]]

States has a long history of working within CITES to promote tiger 
conservation and has been a leader in supporting strong actions within 
CITES for tigers, including strict controls on captive-bred animals. In 
2007 at the 14th meeting of the Conference of the Parties to CITES 
(CoP14), we were closely involved in drafting Decision 14.69, which 
calls on countries with intensive commercial breeding operations of 
tigers to implement measures to restrict the captive population to a 
level supportive only to conserving wild tigers, and for tigers not to 
be bred for trade in their parts and products. Although the decision 
was primarily directed at large commercial breeding operations such as 
those found in China, we are aware of the large number of captive 
tigers in the United States and the need to be vigilant in monitoring 
these tigers as well.
    The tiger is afforded additional protection under the Captive 
Wildlife Safety Act (CWSA) and the Rhinoceros and Tiger Conservation 
Act (RTCA). The CWSA amended the Lacey Act to address concerns about 
public safety and the growing number of big cats, including tigers, in 
private hands in the United States. The law and its regulations make it 
illegal to import, export, transport, sell, receive, acquire, or 
purchase in interstate or foreign commerce any live big cats except by 
certain exempt entities. Entities exempt from the CWSA include a 
person, facility, or other entity licensed by the USDA Animal and Plant 
Health Inspection Service under the Animal Welfare Act to possess big 
cats (typically zoos, circuses, and researchers) or registered to 
transport big cats; State colleges, universities, and agencies; State-
licensed wildlife rehabilitators and veterinarians; and wildlife 
sanctuaries that meet certain criteria.
    The RTCA is another powerful tool in combating the international 
trade in products containing tiger parts. It prohibits the sale, 
import, and export of products intended for human use and containing, 
or labeled or advertised as containing, any substance derived from 
tiger and provides for substantial criminal and civil penalties for 
violators. The RTCA also establishes a fund that allows the Service to 
grant money in support of on-the-ground tiger conservation efforts, 
such as anti-poaching programs, habitat and ecosystem management, 
development of nature reserves, wildlife surveys and monitoring, 
management of human-wildlife conflict, and public awareness campaigns 
(FWS 2010b. p. 1).

Concerns Raised and Recommendations

    The World Wildlife Fund, TRAFFIC North America, other 
nongovernmental organizations (NGOs), and the public have expressed 
concerns about the potential role U.S. captive tigers may play in the 
trade in tiger parts. In July 2008, TRAFFIC published a report 
entitled, Paper Tigers? The Role of the U.S. Captive Tiger Population 
in the Trade in Tiger Parts (Williamson and Henry 2008). The report 
found no indication that U.S. tigers currently are entering domestic or 
international trade as live animals or as parts and products. However, 
given the precarious status of tigers in the wild and the potential 
that U.S. captive tigers could enter trade and undermine conservation 
efforts, TRAFFIC made several recommendations to close potential 
loopholes in current Federal and State regulations to address the 
potential use of captive U.S. tigers in trade. One of those 
recommendations was for the Service to rescind the exemption under 50 
CFR 17.21(g)(6) for holders of inter-subspecific crossed or generic 
tigers to register and submit annual reports under the CBW regulations.

Proposed Removal of Inter-Subspecific Crossed or Generic Tigers From 50 
CFR 17.21(g)(6)

    Based on an analysis of current information on factors posing a 
threat to tigers and their status in the wild, we propose to amend the 
CBW regulations that implement the Act by removing inter-subspecific 
crossed or generic tiger (Panthera tigris) (i.e., specimens not 
identified or identifiable as members of Bengal, Sumatran, Siberian, or 
Indochinese subspecies (Panthera tigris tigris, P. t. sumatrae, P. t. 
altaica, and P. t. corbetti, respectively) from paragraph (g)(6) of 50 
CFR 17.21. This action would eliminate the exemption from registering 
and reporting under the CBW regulations by persons who want to conduct 
otherwise-prohibited activities under the Act with live inter-
subspecific crossed or generic tigers born in the United States. Inter-
subspecific crossed or generic tigers remain listed as endangered under 
the Act, and a person would need to qualify for an exemption or obtain 
an authorization under the remaining statutory and regulatory 
requirements to conduct any prohibited activities.
    We are proposing this change to the regulations to ensure that we 
maintain strict control of captive tigers in the United States. We do 
not believe that breeding inter-subspecific crossed or generic tigers 
provides a conservation benefit for the long-term survival of the 
species. Inter-subspecific tiger crosses and animals of unknown 
subspecies cannot be used for maintaining genetic viability and 
distinctness of specific tiger subspecies. Generic tigers are of 
unknown genetic origin and are typically not maintained in a manner to 
ensure that inbreeding or other inappropriate matings of animals do not 
occur. By exempting inter-subspecific crossed or generic tigers from 
the CBW registration process in 1998, we may have inadvertently 
suggested that the breeding of these tigers qualifies as conservation. 
By removing the exemption, we can reinforce the value of conservation 
breeding of individual tiger subspecies and discourage the breeding of 
tigers of unknown or mixed lineage.
    Although we are unaware of any evidence that tiger parts are 
entering into trade from the captive U.S. population of tigers, we 
recognize that the use of tiger parts and products, including in 
traditional medicine, poses a significant threat to wild tiger 
populations. The United States has worked vigorously with other CITES 
countries to encourage not only the adoption of measures to protect 
wild tiger populations from poaching and illegal trade, but also the 
implementation of measures to ensure that breeding of tigers in 
captivity supports conservation goals and that tigers are not bred for 
trade in parts and products. Despite a lack of evidence that parts from 
captive-bred tigers in the United States are entering international 
trade, we are taking this action out of an abundance of caution given 
the precarious status of tigers in the wild.
    The CBW exemption also has created enforcement difficulties. 
Specifically, law enforcement cases have hinged on whether activities 
the Service has identified as illegal were actually exempted under the 
current regulations. By removing the exemption, persons engaged in 
otherwise-prohibited activities will need to obtain a permit or other 
authorization, giving the Service greater ability to make enforcement 
cases involving tigers.
    It should be noted, however, that removing the exemption for inter-
subspecific crossed or generic tigers will not result in control of 
ownership, intrastate commerce, or noncommercial movement of these 
tigers across State lines. These activities are not prohibited by the 
Act, and we have no authority to prohibit them.
    Finally, we are also proposing to reorganize paragraph (g)(6) to 
make the section clearer and more user-friendly. The proposed text 
reorganizes the list of species that are exempted from the

[[Page 52300]]

registration process by grouping like species together. This 
reorganization consists primarily of redesignating subparagraphs. With 
the exception of removing inter-subspecific crossed or generic tigers, 
the text is the same as currently appears in 50 CFR 17.21(g)(6).

Required Determinations

    Regulatory Planning and Review--Executive Order 12866: The Office 
of Management and Budget (OMB) has determined that this rule is not 
significant under Executive Order 12866 (E.O. 12866). OMB bases its 
determination upon the following four criteria.
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.
    Regulatory Flexibility Act: Under the Regulatory Flexibility Act 
(as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever a Federal agency is required to publish a 
notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions) (5 
U.S.C. 601 et seq.). However, no regulatory flexibility analysis is 
required if the head of an agency certifies that the rule would not 
have a significant economic impact on a substantial number of small 
entities. Thus, for a regulatory flexibility analysis to be required, 
impacts must exceed a threshold for ``significant impact'' and a 
threshold for a ``substantial number of small entities.'' See 5 U.S.C. 
605(b). SBREFA amended the Regulatory Flexibility Act to require 
Federal agencies to provide a statement of the factual basis for 
certifying that a rule would not have a significant economic impact on 
a substantial number of small entities.
    The U.S. Small Business Administration (SBA) defines a small 
business as one with annual revenue or employment that meets or is 
below an established size standard. We expect that the majority of the 
entities involved in taking, exporting, re-importing, and selling in 
interstate or foreign commerce of inter-subspecific crossed or generic 
tigers would be considered small as defined by the SBA.
    This proposed rule would require individuals conducting otherwise 
prohibited activities with the inter-subspecific crossed or generic 
tiger to apply for authorization under the Act and pay an application 
fee of $100-$200. The regulatory change is not major in scope and would 
create only a modest financial or paperwork burden on the affected 
members of the general public.
    We, therefore, certify that this rule would not have a significant 
economic effect on a substantial number of small entities as defined 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A 
Regulatory Flexibility Analysis is not required. Accordingly, a Small 
Entity Compliance Guide is not required.
    Small Business Regulatory Enforcement Fairness Act: This proposed 
rule is not a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. This proposed rule:
    a. Would not have an annual effect on the economy of $100 million 
or more. This rule proposes to remove the inter-subspecific crossed or 
generic tigers from the exemption to register under the CBW 
regulations. If finalized, individuals and captive-breeding operations 
would need to obtain endangered species permits or other authorization 
to engage in certain otherwise prohibited activities. This proposed 
rule would not have a negative effect on this part of the economy. It 
will affect all businesses, whether large or small, the same. There is 
not a disproportionate share of benefits for small or large businesses.
    b. Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, Tribal, or local 
government agencies; or geographic regions. This rule would result in a 
small increase in the number of applications for permits or other 
authorizations to conduct otherwise-prohibited activities with inter-
subspecific crossed or generic tigers.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.
    Unfunded Mandates Reform Act: Under the Unfunded Mandates Reform 
Act (2 U.S.C. 1501 et seq.):
    a. This proposed rule would not significantly or uniquely affect 
small governments. A Small Government Agency Plan is not required.
    b. This proposed rule would not produce a Federal requirement of 
$100 million or greater in any year and is not a ``significant 
regulatory action'' under the Unfunded Mandates Reform Act.
    Takings: Under Executive Order 12630, this rule would not have 
significant takings implications. A takings implication assessment is 
not required. This proposed rule is not considered to have takings 
implications because it allows individuals to obtain authorization for 
otherwise prohibited activities with the inter-subspecific crossed or 
generic tigers when issuance criteria are met.
    Federalism: This proposed revision to part 17 does not contain 
significant Federalism implications. A Federalism Assessment under 
Executive Order 13132 is not required.
    Civil Justice Reform: Under Executive Order 12988, the Office of 
the Solicitor has determined that this proposed rule does not unduly 
burden the judicial system and meets the requirements of subsections 
3(a) and 3(b)(2) of the Order.
    Paperwork Reduction Act: The Office of Management and Budget 
approved the information collection in part 17 and assigned OMB Control 
Number 1018-0093, which expires February 28, 2014. This proposed rule 
does not contain any new information collections or recordkeeping 
requirements for which OMB approval is required under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or 
sponsor and a person is not required to respond to a collection of 
information unless it displays a currently valid OMB control number.
    National Environmental Policy Act (NEPA): The Service has 
determined that this proposed action is a regulatory change that is 
administrative and procedural in nature. As such, the proposed 
amendment is categorically excluded from further NEPA review as 
provided by 43 CFR 46.210(i), of the Department of the Interior 
Implementation of the National Environmental Policy Act of 1969; final 
rule (73 FR 6129269 (October 15, 2008)). No further documentation will 
be made.
    Government-to-Government Relationship with Tribes: Under the 
President's memorandum of April 29, 1994, ``Government-to-Government 
Relations with Native American Tribal Governments'' (59 FR 22951) and 
512 DM 2, we have evaluated possible effects on Federally recognized 
Indian Tribes and have determined that there are no effects.
    Energy Supply, Distribution or Use: Executive Order 13211 pertains 
to regulations that significantly affect

[[Page 52301]]

energy supply, distribution, and use. This proposed rule would not 
significantly affect energy supplies, distribution, and use. Therefore, 
this action is a not a significant energy action and no Statement of 
Energy Effects is required.
    Clarity of this Regulation: We are required by Executive Orders 
12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to 
write all rules in plain language. This means that each rule we publish 
must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

Public Comments

    You may submit your comments and materials concerning this rule by 
one of the methods listed in the ADDRESSES section. We will not accept 
comments sent by e-mail or fax or to an address not listed in the 
ADDRESSES section.
    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. If you provide 
personal identifying information in your written comments, you may 
request at the top of your document that we withhold this information 
from public review. However, we cannot guarantee that we will be able 
to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service; Division of Management Authority; 4401 N. Fairfax 
Drive, Suite 212; Arlington, VA 22203; telephone, (703) 358-2093.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    For the reasons given in the preamble, we propose to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as follows:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Amend Sec.  17.21 by revising paragraph (g)(6) to read as set 
forth below:


Sec.  17.21  Prohibitions.

* * * * *
    (g) * * *
    (6) Exemption from registration requirement.
    (i) If the conditions in paragraph (g)(6)(ii) of this section are 
met, then any person subject to the jurisdiction of the United States 
seeking to engage in any of the activities authorized by paragraph 
(g)(1) of this section may do so without first registering with the 
Service with respect to the following species:
    (A) The bar-tailed pheasant (Syrmaticus humiae), Elliot's pheasant 
(S. ellioti), Mikado pheasant (S. mikado), brown eared pheasant 
(Crossoptilon mantchuricum), white eared pheasant (C. crossoptilon), 
cheer pheasant (Catreus wallichii), Edward's pheasant (Lophura 
edwardsi), Swinhoe's pheasant (L. swinhoii), Chinese monal (Lophophorus 
lhuysii), and Palawan peacock pheasant (Polyplectron emphanum);
    (B) Parakeets of the species Neophema pulchella and N. splendida;
    (C) The Laysan duck (Anas laysanensis); and
    (D) The white-winged wood duck (Cairina scutulata).
    (ii) Conditions for exemption to register. The following conditions 
must exist for persons dealing with the species listed in paragraph 
(g)(6)(i) of this section to be eligible for exemption from the 
requirement to register with the Service:
    (A) The purpose of the activity is to enhance the propagation or 
survival of the affected exempted species.
    (B) Such activity does not involve interstate or foreign commerce, 
in the course of a commercial activity, with respect to nonliving 
wildlife.
    (C) Each specimen to be reimported is uniquely identified by a 
band, tattoo, or other means that was reported in writing to an 
official of the Service at a port of export prior to export of the 
specimen from the United States.
    (D) No specimens of the taxa in paragraph (g)(6) of this section 
that were taken from the wild may be imported for breeding purposes 
absent a definitive showing that the need for new bloodlines can be met 
only by wild specimens, that suitable foreign-bred, captive individuals 
are unavailable, and that wild populations can sustain limited taking. 
In addition, an import permit must be issued under Sec.  17.22.
    (E) Any permanent exports of such specimens meet the requirements 
of paragraph (g)(4) of this section.
    (F) Each person claiming the benefit of the exception in paragraph 
(g)(1) of this section must maintain accurate written records of 
activities, including births, deaths, and transfers of specimens, and 
make those records accessible to Service agents for inspection at 
reasonable hours as set forth in Sec. Sec.  13.46 and 13.47.
* * * * *

    Dated: August 4, 2011.
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-21303 Filed 8-19-11; 8:45 am]
BILLING CODE 4310-55-P