50 Wildlife and Fisheries 2 2002-10-01 2002-10-01 false UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR-(Continued) I CHAPTER I Wildlife and Fisheries CHAPTER I—UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR—(Continued) SUBCHAPTER B—TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS (CONTINUED) Part Page 18 Marine mammals 5 19 Airborne hunting 32 20 Migratory bird hunting 34 21 Migratory bird permits 54 22 Eagle permits 80 23 Endangered species convention 90 24 Importation and exportation of plants 130 SUBCHAPTER C—THE NATIONAL WILDLIFE REFUGE SYSTEM 25 Administrative provisions 133 26 Public entry and use 141 27 Prohibited acts 148 28 Enforcement, penalty, and procedural requirements for violations of parts 25, 26, and 27 154 29 Land use management 156 30 Range and feral animal management 167 31 Wildlife species management 167 32 Hunting and fishing 168 34 Refuge revenue sharing with counties 263 35 Wilderness preservation and management 267 36 Alaska National Wildlife Refuges 270 37 Geological and geophysical exploration of the coastal plain, Arctic National Wildlife Refuge, Alaska 295 38 Midway Atoll National Wildlife Refuge 317 SUBCHAPTER D [RESERVED] SUBCHAPTER E—MANAGEMENT OF FISHERIES CONSERVATION AREAS 70 National fish hatcheries 321 71 Hunting and fishing on national fish hatchery areas 322 SUBCHAPTER F—FEDERAL AID TO STATES IN FISH AND WILDLIFE RESTORATION 80 Administrative requirements, Federal Aid in Fish and Federal Aid in Wildlife Restoration Acts 324 81 Conservation of endangered and threatened species of fish, wildlife, and plants—cooperation with the States 333 82 Administrative procedures for grants-in-aid (Marine Mammal Protection Act of 1972) 337 83 Rules implementing the Fish and Wildlife Conservation Act of 1980 342 84 National Coastal Wetlands Conservation Grant Program 347 85 Clean Vessel Act Grant Program 362 86 Boating Infrastructure Grant (BIG) Program 371 SUBCHAPTER G—MISCELLANEOUS PROVISIONS 90 Feeding depredating migratory waterfowl 386 91 Migratory bird hunting and conservation stamp contest 388 92 Migratory bird subsistence harvest in Alaska 392 SUBCHAPTER H—NATIONAL WILDLIFE MONUMENTS 96-99 [Reserved] 100 Subsistence management regulations for public lands in Alaska 399 101-199 [Reserved] Appendix A to Chapter I—Codes for the Representation of Names of Countries (Established by the International Organization for Standardization) 493 SUBCHAPTER B—TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS (CONTINUED) Pt. 18 PART 18—MARINE MAMMALS Subpart A—Introduction Sec. 18.1 Purpose of regulations. 18.2 Scope of regulations. 18.3 Definitions. 18.4 Information collection requirements. Subpart B—Prohibitions 18.11 Prohibited taking. 18.12 Prohibited importation. 18.13 Prohibited uses, possession, transportation, and sales. 18.14 Marine mammals taken before the Act. Subpart C—General Exceptions 18.21 Actions permitted by international treaty, convention, or agreement. 18.22 Taking by Federal, State or local government officials. 18.23 Native exemptions. 18.24 Taking incidental to commercial fishing operations. 18.25 Exempted marine mammals or marine mammals products. 18.26 Collection of certain dead marine mammal parts. 18.27 Regulations governing small takes of marine mammals incidental to specified activities. Subpart D—Special Exceptions 18.30 Polar bear sport-hunted trophy import permits. 18.31 Scientific research permits and public display permits. 18.32 Waiver of the moratorium. 18.33 Procedures for issuance of permits and modification, suspension, or revocation thereof. Subpart E—Depleted Species or Stocks [Reserved] Subpart F—Transfer of Management Authority to States [Note] Subpart G—Notice and Hearing on Section 103 Regulations 18.70 Basis and purpose. 18.71 Definitions. 18.72 Scope of regulations. 18.73 Burden of proof. 18.74 Notice of hearing. 18.75 Notification by interested persons. 18.76 Presiding officer. 18.77 Direct testimony submitted as written documents. 18.78 Mailing address. 18.79 Inspection and copying of documents. 18.80 Ex parte communications. 18.81 Prehearing conference. 18.82 Prehearing order. 18.83 Determination to cancel the hearing. 18.84 Rebuttal testimony and new issues of fact in prehearing order. 18.85 Waiver of right to participate. 18.86 Conduct of the hearing. 18.87 Direct testimony. 18.88 Cross-examination. 18.89 Oral and written arguments. 18.90 Recommended decision, certification of the transcript and submission of comments on the recommended decision. 18.91 Director's decision. Subpart H—Waiver of Moratorium on Taking and Importation of Individual Marine Mammal Species 18.92 Purpose of regulations. 18.93 Scope of regulations. 18.94 Pacific walrus (Alaska). Subpart I [Reserved] Subpart J—Taking of Marine Mammals Incidental to Oil and Gas Exploration, Development, and Production Activities in the Beaufort Sea and Adjacent Northern Coast of Alaska 18.121 What specified activities does this rule cover? 18.122 In what specified geographic region does this rule apply? 18.123 When is this rule effective? 18.124 How do you obtain a Letter of Authorization? 18.125 What criteria do we use to evaluate Letter of Authorization requests? 18.126 What does a Letter of Authorization allow? 18.127 What activities are prohibited? 18.128 What are the monitoring and reporting requirements? 18.129 What are the information collection requirements? Authority:

16 U.S.C. 1361 et seq.

Source:

39 FR 7262, Feb. 25, 1974, unless otherwise noted.

Subpart A—Introduction
§ 18.1 Purpose of regulations.

The regulations contained in this part implement the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407), which among other things, restricts the taking, possession, transportation, selling, offering for sale, and importing of marine mammals.

§ 18.2 Scope of regulations.

(a) This part 18 applies solely to marine mammals and marine mammal products as defined in § 18.3. For regulations under the Act with respect to cetacea (whales and porpoises), pinnipedia, other than walrus (seals and sea lions), see 50 CFR part 216.

(b) The provisions in this part are in addition to, and are not in lieu of, other regulations of this subchapter B which may require a permit or prescribe additional restrictions or conditions for the importation, exportation, and interstate transportation of wildlife. (See also part 13 of this subchapter.)

§ 18.3 Definitions.

In addition to definitions contained in section 3 of the Act and in part 10 of this subchapter, and unless the context requires otherwise, in this part 18:

Act means the Marine Mammal Protection Act of 1972, 86 Stat. 1027, 16 U.S.C. 1361-1407; Pub. L. 92-522.

Alaskan Native means a person defined in the Alaska Native Claims Settlement Act (43 U.S.C. section 1603(b) (85 Stat. 588)) as a citizen of the United States who is of one-fourth degree or more Alaska Indian (including Tsimshian Indians enrolled or not enrolled in the Metlaktla Indian Community), Eskimo, or Aleut blood, or combination thereof. The term includes any Native, as so defined, either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or town of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any Native village or Native town. Any citizen enrolled by the Secretary pursuant to section 5 of the Alaska Native Claims Settlement Act shall be conclusively presumed to be an Alaskan Native for purposes of this part.

Authentic native articles of handicrafts and clothing means items made by an Indian, Aleut, or Eskimo which (a) were commonly produced on or before December 21, 1972, and (b) are composed wholly or in some significant respect of natural materials, and (c) are significantly altered from their natural form and which are produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or similar mass copying devices. Improved methods of production utilizing modern implements such as sewing machines or modern techniques at a tannery registered pursuant to § 18.23(c) may be used so long as no large scale mass production industry results. Traditional native handicrafts include, but are not limited to, weaving, carving, stitching, sewing, lacing, beading, drawing, and painting. The formation of traditional native groups, such as cooperatives, is permitted so long as no large scale mass production results: Provided that, it has been determined that no items created in whole or in part from sea otter meet part (a) of this definition and therefore no such items may be sold.

Commercial fishing operation means the lawful harvesting of fish from the marine environment for profit as part of an on-going business enterprise. Such term shall not include sport fishing activities whether or not carried out by charter boat or otherwise, and whether or not the fish so caught are subsequently sold.

Endangered species means a species of marine mammal listed as “endangered” pursuant to the Endangered Species Act of 1973, 87 Stat. 884, Pub. L. 93-205 (see part 17 of this subchapter).

Incidental catch means the taking of a marine mammal (a) because it is directly interfering with commercial fishing operations, or (b) as a consequence of the steps used to secure the fish in connection with commercial fishing operations: Provided, however, That a marine mammal so taken must immediately be returned to the sea with a minimum of injury; and Provided, further, That the taking of a marine mammal which otherwise meets the requirements of this definition shall not be considered as incidental catch of that mammal if it is used subsequently to assist in commercial fishing operations.

Marine mammal means any specimen of the following species, whether alive or dead, and any part thereof, including but not limited to, any raw, dressed, or dyed fur or skin:

Scientific name Common name Date listed Ursus maritimus Polar bear Dec. 21, 1972. Enhydra lutris Sea otter Do. Odobenus rosmarus Walrus Do. Dugong dugon Dugong Do. Trichechus manatus West Indian manatee Do. Trichechus inunguis Amazonian manatee Do. Trichechus senegalensis West African manatee Do. Lutra felina Marine otter Mar. 29, 1978. Note: Common names given may be at variance with local usage.

Native village or town means any community, association, tribe, band, clan, or group.

Pregnant means pregnant near term.

Subsistence means the use by Alaskan Natives of marine mammals taken by Alaskan Natives for food, clothing, shelter, heating, transportation, and other uses necessary to maintain the life of the taker or for those who depend upon the taker to provide them with such subsistence.

Take means to harass, hunt, capture, collect, or kill, or attempt to harass, hunt, capture, collect, or kill any marine mammal, including, without limitation, any of the following: The collection of dead animals or parts thereof; the restraint or detention of a marine mammal, no matter how temporary; tagging a marine mammal; or the negligent or intentional operation of an aircraft or vessel, or the doing of any other negligent or intentional act which results in the disturbing or molesting of a marine mammal.

Threatened species means a species of marine mammal listed as “threatened” pursuant to the Endangered Species Act of 1973, 87 Stat. 884, Pub. L. 93-205.

Wasteful manner means any taking or method of taking which is likely to result in the killing or injuring of marine mammals beyond those needed for subsistence purposes or for the making of authentic native articles of handicrafts and clothing or which results in the waste of a substantial portion of the marine mammal and includes without limitation the employment of a method of taking which is not likely to assure the capture or killing of a marine mammal, or which is not immediately followed by a reasonable effort to retrieve the marine mammal.

[39 FR 7262, Feb. 25, 1974, as amended at 43 FR 13066, Mar. 29, 1978; 55 FR 14978, Apr. 20, 1990]
§ 18.4 Information collection requirements.

(a) The Office of Management and Budget under 44 U.S.C. 3501 et seq. has approved the information collection requirements contained in Subpart D and assigned clearance number 1018-0022. The Service is collecting this information to review and evaluate permit applications and make decisions according to criteria established in various Federal wildlife conservation statutes and regulations, on the issuance or denial of permits. The applicant must respond to obtain or retain a permit.

(b) The Service estimated the public reporting burden for this collection of information to vary from 15 minutes to 4 hours per response, with an average of 1.028 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden or any other aspect of this collection of information, including suggestions for reducing the burden, to the Service Information Collection Clearance Office, Fish and Wildlife, Service Office of Management and Budget, Mail Stop 224, Arlington Square, U.S. Department of the Interior, 1849 C Street, NW., Washington, DC 20240 and the Office of Management and Budget, Paperwork Reduction Project (1018-0022), Washington, DC 20503.

[62 FR 7329, Feb. 18, 1997]
Subpart B—Prohibitions
§ 18.11 Prohibited taking.

Except as otherwise provided in subpart C, D, or H of this part 18, or part 403, it is unlawful for:

(a) Any person, vessel, or conveyance subject to the jurisdiction of the United States to take any marine mammal on the high seas, or

(b) Any person, vessel, or conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
§ 18.12 Prohibited importation.

(a) Except as otherwise provided in subparts C and D of this part 18, it is unlawful for any person to import any marine mammal or marine mammal product into the United States.

(b) Regardless of whether an importation is otherwise authorized pursuant to subparts C and D of this part 18, it is unlawful for any person to import into the United States any:

(1) Marine mammal: (i) Taken in violation of the Act, or

(ii) Taken in another country in violation of the laws of that country;

(2) Any marine mammal product if: (i) The importation into the United States of the marine mammal from which such product is made would be unlawful under paragraph (b)(1) of this section, or

(ii) The sale in commerce of such product in the country of origin of the product is illegal.

(c) Except in accordance with an exception referred to in subpart C and §§ 18.31 and 18.32 of this part, it is unlawful to import into the United States any:

(1) Marine mammal which was pregnant at the time of taking;

(2) Marine mammal which was nursing at the time of taking, or less than 8 months old, whichever occurs later;

(3) Specimen of an endangered or threatened species of marine mammals;

(4) Specimen taken from a depleted species or stock of marine mammals; or

(5) Marine mammal taken in an inhumane manner.

(d) It is unlawful to import into the United States any fish, whether fresh, frozen, or otherwise prepared, if such fish was caught in a manner proscribed by the Secretary of Commerce for persons subject to the jurisdiction of the United States, whether or not any marine mammals were in fact taken incident to the catching of the fish.

§ 18.13 Prohibited uses, possession, transportation, and sales.

Except as otherwise provided in the Act or these regulations, it is unlawful for:

(a) Any person to use any port, harbor, or other place under the jurisdiction of the United States for any purpose in any way connected with a prohibited taking or any unlawful importation of any marine mammal or marine mammal products;

(b) Any person to possess any marine mammal, or product therefrom, taken in violation of the Act or these regulations;

(c) Any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product; or

(d) Any person subject to the jurisdiction of the United States to use in a commercial fishery, any means or method of fishing in contravention of regulations and limitations issued by the Secretary of Commerce for that fishery to achieve the purposes of this Act.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
§ 18.14 Marine mammals taken before the Act.

(a) Section 102(e) of the Act provides in effect that the Act shall not apply to any marine mammal taken prior to December 21, 1972, or to any marine mammal product consisting of, or composed in whole or in part of, any marine mammal taken before such date. Such status may be established by submitting to the Director prior to, or at the time of importation, an affidavit containing the following:

(1) The Affiant's name and address;

(2) Identification of the Affiant;

(3) A description of the marine mammals or marine mammal products which the Affiant desires to import;

(4) A statement by the Affiant that to the best of his knowledge and belief, the marine mammals involved in the application were taken prior to December 21, 1972;

(5) A statement by the Affiant in the following language:

The foregoing is principally based on the attached exhibits which, to the best of my knowledge and belief, are complete, true and correct. I understand that this affidavit is being submitted for the purpose of inducing the Federal Government to permit the importation of _____ under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) and regulations promulgated thereunder, and that any false statements may subject me to the criminal penalties of 18 U.S.C. 1001.

(b) Either one of two exhibits shall be attached to such affidavit, and will contain either:

(1) Records or other available evidence showing that the product consists of or is composed in whole or in part of marine mammals taken prior to December 21, 1972. Such records or other evidentiary material must include information on how, when, where, and by whom the animals were taken, what processing has taken place since taking, and the date and location of such processing; or

(2) A statement from a government agency of the country of origin exercising jurisdiction over marine mammals that any and all such mammals from which the products sought to be imported were derived were taken prior to December 21, 1972.

(c) Service agents, or Customs officers, may refuse to clear marine mammals or marine mammal products for importation into the United States, pursuant to § 14.53 of this subchapter, until the importer can demonstrate, by production of the affidavit referred in above or otherwise, that section 102(e) of the Act applies to all affected items.

(d) This section has no application to any marine mammal or marine mammal product intended to be imported pursuant to § 18.21, § 18.31 or § 18.32 of this part.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
Subpart C—General Exceptions
§ 18.21 Actions permitted by international treaty, convention, or agreement.

The Act and these regulations shall not apply to the extent that they are inconsistent with the provisions of any international treaty, convention or agreement, or any statute implementing the same, relating to the taking or importation of marine mammals or marine mammal products, which was existent and in force prior to December 21, 1972, and to which the United States was a party. Specifically, the regulations in subpart B of this part and the provisions of the Act shall not apply to activities carried out pursuant to the Interim Convention on the Conservation of North Pacific Fur Seals signed in Washington on February 9, 1957, and the Fur Seal Act of 1966, 16 U.S.C. 1151-1187, as, in each case, from time to time amended.

§ 18.22 Taking by Federal, State or local government officials.

(a) A Federal, State or local government official or employee may take a marine mammal in the course of his duties as an official or employee and no permit shall be required, if such taking:

(1) Is accomplished in a humane manner;

(2) Is for the protection or welfare of such mammal or from the protection of the public health or welfare; and

(3) Includes steps designed to insure return of such mammal, if not killed in the course of such taking, to its natural habitat. In addition, any such official or employee may, incidental to such taking, possess and transport, but not sell or offer for sale, such mammal and use any port, harbor or other place under the jurisdiction of the United States. All steps reasonably practicable under the circumstances shall be taken by any such employee or official to prevent injury or death to the marine mammal as the result of such taking.

(b) Each taking permitted under this section should be included in a written report, to be submitted to the Director every six months, beginning December 31, 1973. Unless otherwise permitted by the Director, the report shall contain a description of:

(1) The animal involved;

(2) The circumstances requiring the taking;

(3) The method of taking;

(4) The name and official position of the State official or employee involved;

(5) The disposition of the animal, including in cases where the animal has been retained in captivity, a description of the place and means of confinement and the measures taken for its maintenance and care; and

(6) Such other information as the Director may require.

The reports shall be mailed to the Director, U.S. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC 20240. [39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
§ 18.23 Native exemptions.

(a) Taking. Except as otherwise provided in part 403 of this title, any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean may take any marine mammal without a permit, subject to the restrictions contained in this section, if such taking is:

(1) For subsistence purposes, or

(2) For purposes of creating and selling authentic native articles of handicraft and clothing, and

(3) In each case, not accomplished in a wasteful manner.

(b) Restrictions. (1) “Except for a transfer to a duly authorized representative of the Regional Director of the U.S. Fish and Wildlife Service for scientific research purposes, no marine mammal taken for subsistence may be sold or otherwise transferred to any person other than an Alaskan Native or delivered, carried, transported, or shipped in interstate or foreign commerce, unless:

(i) It is being sent by an Alaskan Native directly or through a registered agent to a tannery registered under paragraph (c) of this section for the purpose of processing, and will be returned directly or through a registered agent to the Alaskan Native; or

(ii) It is sold or transferred to a registered agent in Alaska for resale or transfer to an Alaskan Native; or

(iii) It is an edible portion and it is sold in an Alaskan Native village or town.

(2) “Except for a transfer to a duly authorized representative of the Regional Director of the U.S. Fish and Wildlife Service for scientific research purposes, no marine mammal taken for purposes of creating and selling authentic Native articles of handicraft and clothing may be sold or otherwise transferred to any person other than an Indian, Aleut or Eskimo, or delivered, carried, transported or shipped in interstate or foreign commerce, unless:

(i) It is being sent by an Indian, Aleut or Eskimo directly or through a registered agent to a tannery registered under paragraph (c) of this section for the purpose of processing, and will be returned directly or through a registered agent to the Indian, Aleut or Eskimo; or

(ii) It is sold or transferred to a registered agent for resale or transfer to an Indian, Aleut, or Eskimo; or

(iii) It has been first transformed into an authentic Native article of handicraft or clothing; or

(iv) It is an edible portion and it is sold (A) in an Alaskan Native village or town or (B) to an Alaskan Native for his consumption.

(c) The restriction in paragraph (b) shall not apply to parts or products of the Pacific walrus (Odobenis rosmarus) to the extent that the waiver of the moratorium and the approved State/Federal regulations relating to the taking and importation of walrus permits the delivery, sale, transportation or shipment of parts or products of the Pacific walrus in interstate or foreign commerce.

(d) Any tannery, or person who wishes to act as an agent, within the jurisdiction of the United States may apply to the Director for registration as a tannery or an agent which may possess and process marine mammal products for Indians, Aleuts, or Eskimos. The application shall include the following information:

(1) The name and address of the applicant;

(2) A description of the applicant's procedures for receiving, storing, processing, and shipping materials;

(3) A proposal for a system of bookkeeping and/or inventory segregation by which the applicant could maintain accurate records of marine mammals received from Indians, Aleuts, or Eskimos, pursuant to this section;

(4) Such other information as the Director may request;

(5) A certification in the following language:

I hereby certify that the foregoing information is complete, true, and correct to the best of my knowledge and belief. I understand that this information is submitted for the purpose of obtaining the benefit of an exception under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) and regulations promulgated thereunder, and that any false statement may subject me to the criminal penalties of 18 U.S.C. 1001.

(6) The signature of the applicant.

The sufficiency of the application shall be determined by the Director, and in that connection, he may waive any requirement for information, or require any elaboration or further information deemed necessary. The registration of a tannery or other agent shall be subject to the conditions as the Director prescribes, which may include, but are not limited to provisions regarding records, inventory segregation, reports, and inspection. The Director may charge a reasonable fee for such applications, including an appropriate apportionment of overhead and administrative expenses of the Department of Interior.

(e) Notwithstanding the preceding provisions of this section, whenever, under the Act, the Secretary determines any species or stock of marine mammals to be depleted, he may prescribe regulations pursuant to section 103 of the Act upon the taking of such marine mammals by any Indian, Aleut, or Eskimo and, after promulgation of such regulations, all takings of such marine mammals by such person shall conform to such regulations.

(f) Marking, tagging, and reporting. (1) In addition to definitions contained in the Act, 50 CFR 18.3, and 50 CFR 18.27, in this paragraph (f):

(i) The term “marking and tagging” of marine mammals as specified in section 109(i) of the Act refers to the actual physical attachment of an approved band or other such marking device or technique to the raw or unhandicrafted (including unmarked tanned skins) skin and skull of polar bears, the tusks of walruses, and the skin and skull of sea otters; and

(ii) The term “reporting” means the collection by Service personnel or the Service's authorized local representatives of biological data, harvest data, and other information regarding the effect of taking of marine mammals on populations, the collection of which the Service determines to be necessary for management purposes. Reporting will be done on forms provided by the Service upon presentation for marking, tagging, and reporting purposes of the marine mammal(s) or specified raw or unhandicrafted parts thereof.

(2) Notwithstanding the preceding provisions of this section, but subject to the provisions and conditions contained in this paragraph, no polar bear, walrus, or sea otter, or any parts thereof, taken or collected by an Alaskan Native for subsistence purposes or for purposes of creating and selling authentic Native articles of handicrafts and clothing may be possessed, transported within, or exported from Alaska unless the animal(s), or specified parts thereof, have been reported to, and properly marked and tagged by, Service personnel or the Service's authorized local representative; except:

(i) An Alaskan Native that harvested or participated in the harvest of a polar bear, sea otter, or walrus and who possesses the animal, or any parts thereof, may possess the unmarked, untagged, and unreported animal(s), or parts thereof, for a period of time not to exceed 30 days from the time of taking for the purpose of transporting the specified parts to Service personnel or the Service's local authorized representative for marking, tagging, and reporting;

(ii) Alaskan Natives and registered agents/tanneries may possess the specified unmarked or untagged raw, unhandicrafted, or tanned parts thereof for a period of time not to exceed 180 days from the effective date of this rulemaking for the purpose of transporting to Service personnel or the Service's local authorized representative for marking and tagging if the specified parts thereof were taken or possessed between December 21, 1972, and the effective date of this regulation. There is no reporting requirement for marine mammals, or specified parts thereof, covered by this paragraph.

(3) Those unmarked, untagged, and unreported specified parts of polar bear, walrus, and sea otter, that must be presented to Service personnel or an authorized Service representative for marking, tagging, and reporting are as follows:

(i) Polar bear—skin and skull.

(ii) Walrus—tusks.

(iii) Sea otter—skin and skull.

(4) The locations where Service personnel or the Service's authorized local representative will be available for marking, tagging, and reporting purposes will be announced annually by the Alaska Regional Director. Local persons authorized to act as representatives for marking, tagging, and reporting purposes in the absence of Service personnel will also be announced annually by the Alaska Regional Director.

(5) Marks and tags will be attached or applied to the skins, skulls, and tusks of the marine mammal(s) in such a manner as to maximize their longevity and minimize their adverse effects to the appearance of the specified parts that might result due to hindering the tanning or handicrafting of skins, or the handicrafting of tusks or skulls. If the tag or mark comes off of the specified part the person in possession of the part shall have 30 days to present the part and broken tag or other marking device to the Service or the Service's authorized local representative for remarking or retagging purposes.

(6) Marks and tags for skins, skulls, and tusks will be provided by the Service. They will be numbered for accountability and of such design, construction, and material so as to maximize their durability and longevity on the specified parts.

(7) Data collected pursuant to this paragraph will be reported on forms provided by the Service and maintained in the Service's Regional Office, Anchorage, Alaska. The Service will summarize the data annually and make it publicly available. The data will also be included in the Service's annual report to Congress as set forth in section 103(f) of the Act.

(8) All items of research (e.g., radio collars, satellite transmitters, tags, etc.) that were attached to animals taken by Alaskan Natives must be returned to Service personnel or an authorized Service representative at the time the animal, or specified unhandicrafted parts thereof, are presented for marking, tagging, and reporting. No penalty will be imposed under the Act for a violation of this paragraph. However, penalties may be sought by the Service under other applicable Federal laws governing the possession and use of Federal property.

(9) Pursuant to this paragraph (f), the following specific conditions and provisions apply:

(i) Marking, tagging, and reporting of polar bears or specified parts thereof.

(A) The skin and skull of an animal must accompany each other when presented for marking, tagging, and reporting except that the skin and skull of an animal need not be presented together for marking and tagging purposes if taken between December 21, 1972, and the effective date of this regulation.

(B) Except as provided in paragraph (f)(2)(ii) of this section, the following information must be reported by Alaskan Natives when presenting polar bears, or specified parts thereof, for marking and tagging: sex of animal, date of kill, and location of kill.

(C) Both the skin and the skull will be marked and tagged and a rudimentary pre-molar tooth may be removed from the skull and retained by the Service. The skin must have the sex identifiers, such as vaginal orifice, teats, or penal sheath or baculum, either attached to, or accompanying the skin.

(D) The skull must be skinned out and the skin may be frozen or unfrozen when presented for marking, tagging, and reporting. If the skin is frozen, the sex identifiers, such as vaginal orifice, teats, penal sheath or baculum, must be visible.

(E) Marks and tags must remain affixed to the skin through the tanning process and until the skin has been severed into parts for crafting into handicrafts or for as long as is practical during the handicrafting process.

(ii) Marking, tagging, and reporting of walrus or specified parts thereof.

(A) The paired tusks of the animal(s) must, to the maximum extent practical, accompany each other when presented for marking, tagging, and reporting purposes, except that paired tusks need not be presented together for marking and tagging purposes if taken between December 21, 1972, and the effective date of this regulation.

(B) Except as provided in paragraph (f)(2)(ii) of this section, the following information must be reported by Alaskan Natives when presenting walrus, or specified parts thereof, for marking and tagging: date of take, sex of animal, whether live-killed, floating-dead, or beach-found, and location of the take or location of animal if found floating and dead or beach-found.

(C) Marks and/or tags must remain affixed to the tusks until they have been crafted into a handicraft or for as long as is practical during the handicrafting process.

(iii) Marking, tagging, and reporting of sea otter or specified parts thereof.

(A) The skin and skull of an animal must accompany each other when presented for marking, tagging, and reporting, except that the skin and skull of an animal need not be presented together if taken between December 21, 1972, and the effective date of this regulation.

(B) Except as provided in paragraph (f)(2)(ii) of this section, the following information must be reported by Alaskan Natives when presenting sea otters, or specified parts thereof, for marking and tagging: date of kill, sex of animal, and location of kill.

(C) Both the skin and skull will be marked and tagged and a rudimentary pre-molar tooth may be removed from the skull and retained by the Service. The skin must have the sex identifiers, such as vaginal orifice, teats, or penal sheath or baculum, either attached to, or accompanying the skin.

(D) The skull must be skinned out and the skin may be frozen or unfrozen when presented for marking, tagging, and reporting. If the skin is frozen, the sex identifiers, such as vaginal orifice, teats, or penal sheath or baculum, must be visible.

(E) Marks and tags must remain affixed to the skin through the tanning process and until the skin has been severed into parts for crafting into handicrafts or for as long as is practical during the handicrafting process.

(10) No person may falsify any information required to be set forth on the reporting form when the marine mammal(s), or specified parts thereof, are presented as required by these regulations.

(11) Possession by any person of marine mammal(s), or any parts thereof, in violation of the provisions and conditions of this § 18.23(f) is subject to punishment under the penalties provided for in section 105(a)(1) of the Act.

(12) The information collection requirements contained in this § 18.23(f) have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-0066. The information is mandatory in order to have the marine mammal parts “marked and tagged,” and thereby made eligible for continued lawful possession. Non-response may result in the Service determining the wildlife to be illegally possessed and subject the individual to penalties under this title.

[39 FR 7262, Feb. 25, 1974, as amended at 40 FR 59444, Dec. 24, 1975; 45 FR 54057, Aug. 14, 1980; 51 FR 17981, May 16, 1986; 53 FR 24283, June 28, 1988]
§ 18.24 Taking incidental to commercial fishing operations.

Persons may take marine mammals incidental to commercial fishing operations until October 21, 1974: Provided, That such taking is by means of equipment and techniques prescribed in regulations issued by the Secretary of Commerce. However, any marine mammal taken as an incidental catch may not be retained. It shall be the immediate goal that the incidental kill or incidental serious injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate.

§ 18.25 Exempted marine mammals or marine mammal products.

(a) The provisions of the Act and these regulations shall not apply:

(1) To any marine mammal taken before December 21, 1972, or

(2) To any marine mammal product if the marine mammal portion of such product consists solely of a marine mammal taken before such date.

(b) The prohibitions contained in § 18.12(c) (3) and (4) shall not apply to marine mammals or marine mammal products imported into the United States before the date on which notice is published in the Federal Register of the proposed rulemaking with respect to the designation of the species of stock concerned as depleted or endangered:

(c) Section 18.12(b) shall not apply to articles imported into the United States before the effective date of the foreign law making the taking or sale, as the case may be, of such marine mammals or marine mammal products unlawful.

§ 18.26 Collection of certain dead marine mammal parts.

(a) Any bones, teeth or ivory of any dead marine mammal may be collected from a beach or from land within 1/4 of a mile of the ocean. The term “ocean” includes bays and estuaries.

(b) Marine mammal parts so collected may be retained if registered within 30 days with an agent of the National Marine Fisheries Service, or an agent of the U.S. Fish and Wildlife Service.

(c) Registration shall include (1) the name of the owner, (2) a description of the article to be registered and (3) the date and location of collection.

(d) Title to any marine mammal parts collected under this section is not transferable, unless consented to in writing by the agent referred to in paragraph (b) of this section.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
§ 18.27 Regulations governing small takes of marine mammals incidental to specified activities.

(a) Purpose of regulations. The regulations in this section implement Section 101(a)(5) of the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. 1371(a)(5), which provides a mechanism for allowing, upon request, during periods of not more than five consecutive years each, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region.

(b) Scope of regulations. The taking of small numbers of marine mammals under section 101(a)(5) of the Marine Mammal Protection Act may be allowed only if the Director of the Fish and Wildlife Service (1) finds, based on the best scientific evidence available, that the total taking during the specified time period will have a negligible impact on the species or stock and will not have an unmitigable adverse impact on the availability of the species or stock for subsistence uses; (2) prescribes regulations setting forth permissible methods of taking and other means of effecting the least practicable adverse impact on the species and its habitat and on the availability of the species for subsistence uses, paying particular attention to rookeries, mating grounds, and areas of similar significance; and (3) prescribes regulations pertaining to the monitoring and reporting of such taking.

Note:

The information collection requirement contained in this § 18.27 has been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance No. 1018-0070. The information is being collected to describe the activity proposed and estimate the cumulative impacts of potential takings by all persons conducting the activity. The information will be used to evaluate the application and determine whether to issue Specific Regulations and, subsequently, Letters of Authorization. Response is required to obtain a benefit.

The public reporting burden from this requirement is estimated to vary from 2 to 200 hours per response with an average of 10 hours per response including time for reviewing instructions, gathering and maintaining data, and completing and reviewing applications for specific regulations and Letters of Authorization. Direct comments regarding the burden estimate or any other aspect of this requirement to the Information Collection Clearance Officer, U.S. Fish and Wildlife Service, Department of the Interior, Mail Stop—220 ARLSQ, 18th and C Streets NW., Washington, DC 20240, and the Office of Management and Budget, Paperwork Reduction Project (Clearance No. 1018-0070), Washington, DC 20503.

(c) Definitions. In addition to definitions contained in the Act and in 50 CFR 18.3 and unless the context otherwise requires, in this section:

Citizens of the United States and U.S. citizens mean individual U.S. citizens or any corporation or similar entity if it is organized under the laws of the United States or any governmental unit defined in 16 U.S.C. 1362(13). U.S. Federal, State and local government agencies shall also constitute citizens of the United States for purposes of this section.

Incidental, but not intentional, taking means takings which are infrequent, unavoidable, or accidental. It does not mean that the taking must be unexpected. (Complete definition of take is contained in 50 CFR 18.3.)

Negligible impact is an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.

Small numbers means a portion of a marine mammal species or stock whose taking would have a negligible impact on that species or stock.

Specified activity means any activity, other than commercial fishing, which takes place in a specified geographical region and potentially involves the taking of small numbers of marine mammals. The specified activity and specified geographical region should be identified so that the anticipated effects on marine mammals will be substantially similar.

Specified geographical region means an area within which a specified activity is conducted and which has similar biogeographic characteristics.

Unmitigable adverse impact means an impact resulting from the specified activity (1) that is likely to reduce the availability of the species to a level insufficient for a harvest to meet subsistence needs by (i) causing the marine mammals to abandon or avoid hunting areas, (ii) directly displacing subsistence users, or (iii) placing physical barriers between the marine mammals and the subsistence hunters; and (2) that cannot be sufficiently mitigated by other measures to increase the availability of marine mammals to allow subsistence needs to be met.

(d) Submission of requests. (1) In order for the Fish and Wildlife Service to consider allowing the taking by U.S citizens of small numbers of marine mammals incidental to a specified activity, a written request must be submitted to the Director, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240. Requests shall include the following information on the activity as a whole, which includes, but is not limited to, an assessment of total impacts by all persons conducting the activity:

(i) A description of the specific activity or class of activities that can be expected to result in incidental taking of marine mammals;

(ii) The dates and duration of such activity and the specific geographical region where it will occur;

(iii) Based upon the best available scientific information;

(A) An estimate of the species and numbers of marine mammals likely to be taken by age, sex, and reproductive conditions, and the type of taking (e.g., disturbance by sound, injury or death resulting from collision, etc.) and the number of times such taking is likely to occur;

(B) A description of the status, distribution, and seasonal distribution (when applicable) of the affected species or stocks likely to be affected by such activities;

(C) The anticipated impact of the activity upon the species or stocks;

(D) The anticipated impact of the activity on the availability of the species or stocks for subsistence uses;

(iv) The anticipated impact of the activity upon the habitat of the marine mammal populations and the likelihood of restoration of the affected habitat;

(v) The anticipated impact of the loss or modification of the habitat on the marine mammal population involved;

(vi) The availability and feasibility (economic and technological) of equipment, methods, and manner of conducting such activity or other means of effecting the least practicable adverse impact upon the affected species or stocks, their habitat, and, where relevant, on their availability for subsistence uses, paying particular attention to rookeries, mating grounds, and areas of similar significance. (The applicant and those conducting the specified activity and the affected subsistence users are encouraged to develop mutually agreeable mitigating measures that will meet the needs of subsistence users.);

(vii) Suggested means of accomplishing the necessary monitoring and reporting which will result in increased knowledge of the species through an analysis of the level of taking or impacts and suggested means of minimizing burdens by coordinating such reporting requirements with other schemes already applicable to persons conducting such activity; and

(viii) Suggested means of learning of, encouraging, and coordinating research opportunities, plans and activities relating to reducing such incidental taking from such specified activities, and evaluating its effects.

(2) The Director shall determine the adequacy and completeness of a request, and if found to be adequate, will invite information, suggestions, and comments on the preliminary finding of negligible impact and on the proposed specific regulations through notice in the Federal Register, newspapers of general circulation, and appropriate electronic media in the coastal areas that may be affected by such activity. All information and suggestions will be considered by the Fish and Wildlife Service in developing final findings and effective specific regulations.

(3) The Director shall evaluate each request to determine, based on the best available scientific evidence, whether the total taking will have a negligible impact on the species or stock and, where appropriate, will not have an unmitigable adverse impact on the availability of such species or stock for subsistence uses. If the Director finds that mitigating measures would render the impact of the specified activity negligible when it would not otherwise satisfy that requirement, the Director may make a finding of negligible impact subject to such mitigating measures being successfully implemented. Any preliminary findings of “negligible impact” and “no unmitigable adverse impact” shall be proposed for public comment along with the proposed specific regulations.

(4) If the Director cannot make a finding that the total taking will have a negligible impact in the species or stock or will not have an unmitigable adverse impact on the availability of such species or stock for subsistence uses, the Director shall publish in the Federal Register the negative finding along with the basis for denying the request.

(e) Specific regulations. (1) Specific regulations will be established for each allowed activity which set forth (i) permissible methods of taking, (ii) means of effecting the least practicable adverse impact on the species and its habitat and on the availability of the species for subsistence uses, and (iii) requirements for monitoring and reporting.

(2) Regulations will be established based on the best available scientific information. As new information is developed, through monitoring, reporting, or research, the regulations may be modified, in whole or part, after notice and opportunity for public review.

(f) Letters of Authorization. (1) A Letter of Authorization, which may be issued only to U.S. citizens, is required to conduct activities pursuant to any specific regulations established. Requests for Letters of Authorization shall be submitted to the Director, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240. The information to be submitted in a request may be obtained by writing the Director. Once specific regulations are effective, the Service will to the maximum extent possible, process subsequent applications for Letters of Authorization within 30 days after receipt of the application by the Service.

(2) Issuance of a Letter of Authorization will be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under the specific regulations.

(3) Notice of issuance of all Letters of Authorization will be published in the Federal Register within 30 days of issuance.

(4) Letters of Authorization will specify the period of validity and any additional terms and conditions appropriate for the specific request.

(5) Letters of Authorization shall be withdrawn or suspended, either on an individual or class basis, as appropriate, if, after notice and opportunity for public comment, the Director determines: (i) The regulations prescribed are not being substantially complied with, or (ii) the taking allowed is having, or may have, more than a negligible impact on the species or stock, or where relevant, an unmitigable adverse impact on the availability of the species or stock for subsistence uses.

(6) The requirement for notice and opportunity for public review in paragraph (f)(5) of this section shall not apply if the Director determines that an emergency exists which poses a significant risk to the well-being of the species or stocks of marine mammals concerned.

(7) A violation of any of the terms and conditions of a Letter of Authorization or of the specific regulations may subject the Holder and/or any individual who is operating under the authority of the Holder's Letter of Authorization to penalties provided in the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407).

[48 FR 31225, July 7, 1983, as amended at 54 FR 40348, Sept. 29, 1989; 55 FR 28765, July 13, 1990; 56 FR 27463, June 14, 1991]
Subpart D—Special Exceptions
§ 18.30 Polar bear sport-hunted trophy import permits.

(a) Application procedure. You, as the hunter or heir of the hunter's estate, must submit an application for a permit to import a trophy of a polar bear taken in Canada to the U.S. Fish and Wildlife Service, Office of Management Authority, 4401 N. Fairfax Drive, Arlington, Virginia 22203. You must use an official application (Form 3-200) provided by the Service and must include as an attachment all of the following additional information:

(1) Certification that:

(i) You or the deceased hunter took the polar bear as a personal sport-hunted trophy;

(ii) You will use the trophy only for personal display purposes;

(iii) The polar bear was not a pregnant female, a female with dependent nursing cub(s) or a nursing cub (such as in a family group), or a bear in a den or constructing a den when you took it; and

(iv) For a polar bear taken after April 30, 1994, you made sure the gall bladder and its contents were destroyed;

(2) Name and address of the person in the United States receiving the polar bear trophy if other than yourself;

(3) For a polar bear received as an inheritance, documentation to show that you are the legal heir of the decedent who took the trophy;

(4) Proof that you or the decedent legally harvested the polar bear in Canada as shown by one of the following:

(i) A copy of the Northwest Territories (NWT) or Nunavut Territory hunting license and tag number;

(ii) A copy of the Canadian CITES export permit that identifies the polar bear by hunting license and tag number;

(iii) A copy of the NWT or Nunavut Territory export permit; or

(iv) A certification from the Department of Resources, Wildlife, and Economic Development, Northwest Territories, or the Department of Sustainable Development, Nunavut Territory, that you or the decedent legally harvested the polar bear, giving the tag number, location (settlement and population), and season you or the decedent took the bear;

(5) An itemized description of the polar bear parts you wish to import, including size and the sex of the polar bear;

(6) The month and year the polar bear was sport hunted;

(7) The location (nearest settlement or community) where the bear was sport hunted;

(8) For a female bear or a bear of unknown sex that was taken before January 1, 1986, documentary evidence that the bear was not pregnant at the time of take, including, but not limited to, documentation, such as a hunting license or travel itinerary, that shows the bear was not taken in October, November, or December or that shows that the location of the hunt did not include an area that supported maternity dens; and

(9) For a female bear, bear of unknown sex, or male bear that is less than 6 feet in length (from tip of nose to the base of the tail) that was taken prior to the 1996/97 NWT polar bear harvest season, available documentation to show that the bear was not nursing, including, but not limited to, documentation, such as a certification from the NWT, that the bear was not taken while part of a family group.

(b) Definitions. In addition to the definitions in this paragraph, the definitions in 50 CFR 10.12, 18.3, and 23.3 apply to this section.

(1) Sport-hunted trophy means a mount, rug or other display item composed of the hide, hair, skull, teeth, baculum, bones, and claws of the specimen which was taken by the applicant or decedent during a sport hunt for personal, noncommercial use and does not include any internal organ of the animal, including the gall bladder. Articles made from the specimen, such as finished or unfinished, worked, manufactured, or handicraft items for use as clothing, curio, ornamentation, jewelry, or as a utilitarian item are not considered trophy items.

(2) Management agreement means a written agreement between parties that share management responsibilities for a polar bear population which describes what portion of the harvestable quota will be allocated to each party and other measures which may be taken for the conservation of the population, such as harvest seasons, sex ratio of the harvest, and protection of females and cubs.

(c) Procedures for issuance of permits and modification, suspension or revocation of permits. We, the Service, shall suspend, modify or revoke permits issued under this section:

(1) In accordance with regulations contained in § 18.33; and

(2) If, in consultation with the appropriate authority in Canada, we determine that the sustainability of Canada's polar bear populations is being adversely affected or that sport hunting may be having a detrimental effect on maintaining polar bear populations throughout their range.

(d) Issuance criteria. In deciding whether to issue an import permit for a sport-hunted trophy, we must determine in addition to the general criteria in part 13 of this subchapter whether:

(1) You previously imported the specimen into the United States without a permit;

(2) The specimen meets the definition of a sport-hunted trophy in paragraph (b) of this section;

(3) You legally harvested the polar bear in Canada;

(4) Canada has a monitored and enforced sport-hunting program consistent with the purposes of the 1973 International Agreement on the Conservation of Polar Bears;

(5) Canada has a sport-hunting program, based on scientifically sound quotas, ensuring the maintenance of the affected population at a sustainable level; and

(6) The export and subsequent import:

(i) Are consistent with the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and other international agreements and conventions; and

(ii) Are not likely to contribute to illegal trade in bear parts, including for bears taken after April 30, 1994, that the gall bladder and its contents were destroyed.

(e) Additional permit conditions. Your permit to import a sport-hunted trophy of a polar bear taken in Canada is subject to the permit conditions outlined in § 18.31(d) and the following additional permit conditions:

(1) You, the permittee, may not import internal organs of the polar bear, including the gall bladder;

(2) After import you may not alter or use the trophy in a manner inconsistent with the definition of a sport-hunted polar bear trophy as given in § 18.30(b);

(3) You may not import a sport-hunted trophy if the polar bear at the time you or the decedent took it was:

(i) A nursing bear or a female with nursing young (i.e., part of a family group);

(ii) A pregnant female; or

(iii) A bear moving into a den or in a den;

(4) You must present to Service personnel at the time of import a valid CITES document from the country of export or re-export;

(5) You must comply with the following import procedures:

(i) Import the sport-hunted trophy through a designated port for wildlife imports (see § 14.12 of this subchapter) during regular business hours, except for full mount trophies that have been granted an exception to designated port permit requirements under § 14.32 of this subchapter;

(ii) Not send the trophy through the international mail; and

(iii) Notify Service personnel at the port at least 48 hours before the import (see § 14.54 of this subchapter) and make arrangements for Service personnel to affix a tag in accordance with paragraph (e)(7) of this section prior to being cleared (see § 14.52 of this subchapter);

(6) You must import all parts of a single trophy at the same time;

(7) The following tagging/marking procedures apply:

(i) Service personnel must affix a permanently locking tag that contains a unique serial number and the common name “polar bear” to the hide which must remain fixed indefinitely to the hide as proof of legal import; and

(ii) Service personnel must permanently mark upon import the parts of the trophy other than the hide, such as the skull and bones, with the hide tag number; and

(8) If the tag comes off the hide, you must within 30 days:

(i) Contact the nearest Service office at a designated port or a Law Enforcement office as given in § 10.22 of this subchapter to schedule a time to present the trophy for retagging;

(ii) Provide as proof that the trophy had been tagged and legally imported a copy of the:

(A) Canceled CITES export permit or re-export certificate;

(B) Canceled U.S. import permit issued under this section; or

(C) Cleared wildlife declaration form (3-177); and

(iii) Present either the broken tag, or if the tag was lost, a signed written explanation of how and when the tag was lost.

(f) Duration of permits. The permit will be valid for no more than one year from the date of issuance.

(g) Fees. (1) You must pay the standard permit processing fee as given in § 13.11(4) when filing an application.

(2) You must pay the issuance fee of $1,000 when we notify you the application is approved. We cannot issue an import permit until you pay this fee. We will use the issuance fee to develop and implement cooperative research and management programs for the conservation of polar bears in Alaska and Russia under section 113(d) of the Marine Mammal Protection Act.

(h) Scientific review. (1) We will undertake a scientific review of the impact of permits issued under this section on the polar bear populations in Canada within 2 years of March 20, 1997.

(i) The review will provide an opportunity for public comment and include a response to the public comment in the final report; and

(ii) We will not issue permits under this section if we determine, based upon scientific review, that the issuance of permits under this section is having a significant adverse impact on the polar bear populations in Canada; and

(2) After the initial review, we may review whether the issuance of permits under this section is having a significant adverse impact on the polar bear populations in Canada annually in light of the best scientific information available. The review must be completed no later than January 31 in any year a review is undertaken.

(i) Findings. Polar bear sport-hunted trophies may only be imported after issuance of an import permit, and in accordance with the following findings and conditions:

(1) We have determined that the Northwest Territories and Nunavut Territory, Canada, have a monitored and enforced sport-hunting program that meets issuance criteria of paragraphs (d) (4) and (5) of this section for the following populations: Southern Beaufort Sea, Northern Beaufort Sea, Viscount Melville Sound (subject to the lifting of the moratorium in this population), Western Hudson Bay, M’Clintock Channel (only for polar bears lawfully taken on or before May 31, 2000), Lancaster Sound, and Norwegian Bay, and that:

(i) For the Southern Beaufort Sea population, no bears are taken west of the equidistant line of the Beaufort Sea;

(ii) For all populations, females with cubs, cubs, or polar bears moving into denning areas or already in dens are protected from taking by hunting activities; and

(iii) For all populations, management agreements among all management entities with scientifically sound quotas are in place; and

(2) Any sport-hunted trophy taken in the Northwest Territories, Canada, between December 21, 1972, and April 30, 1994, may be issued an import permit when:

(i) From an approved population listed in paragraph (i)(1); and

(ii) The issuance criteria of paragraph (d) (1), (2), (3), and (6) of this section are met.

[62 FR 7329, Feb. 18, 1997, as amended at 64 FR 1539, Jan. 11, 1999; 66 FR 1907, Jan. 10, 2001; 66 FR 50851, Oct. 5, 2001]
§ 18.31 Scientific research permits and public display permits.

The Director may, upon receipt of an application and in accordance with the issuance criteria of this section, issue a permit authorizing the taking and importation of marine mammals for scientific research purposes or for public display.

(a) Application procedure. Applications for permits to take and import marine mammals for scientific research purposes or for public display shall be submitted to the Director. Each such application must contain the general information and certification required by § 13.12(a) of this subchapter plus the following additional information:

(1) A statement of the purpose, date, location and manner of the taking or importation;

(2) A description of the marine mammal or the marine mammal products to be taken or imported, including the species or subspecies involved; the population stock, when known, the number of specimens or products (or the weight thereof, where appropriate); and the anticipated age, size, sex, and condition (i.e., whether pregnant or nursing) of the animals involved;

(3) If the marine mammal is to be taken and transported alive, a complete description of the manner of transportation, care and maintenance, including the type, size, and construction of the container or artificial environment; arrangements for feeding and sanitation; a statement of the applicant's qualifications and previous experience in caring for and handling captive marine mammals and a like statement as to the qualifications of any common carrier or agent to be employed to transport the animal; and a written certification of a licensed veterinarian knowledgeable in the field of marine mammals that he has personally reviewed the arrangements for transporting and maintaining the animals and that in his opinion they are adequate to provide for the well-being of the animal;

(4) If the application is for a scientific research permit, a detailed description of the scientific research project or program in which the marine mammal or marine mammal product is to be used including a copy of the research proposal relating to such program or project and the names and addresses of the sponsor or cooperating institution and the scientists involved;

(5) If the application is for a scientific research permit, and if the marine mammal proposed to be taken or imported is listed as an endangered or threatened species or has been designated by the Secretary as depleted, a detailed justification of the need for such a marine mammal, including a discussion of possible alternatives, whether or not under the control of the applicant; and

(6) If the application is for a public display permit, a detailed description of the proposed use to which the marine mammal or marine mammal product is to be put, including the manner, location, and times of display, whether such display is for profit, an estimate of the numbers and types of persons who it is anticipated will benefit for such display, and whether and to what extent the display is connected with educational or scientific programs. There shall also be included a complete description of the enterprise seeking the display permit and its educational, and scientific qualifications, if any.

(b) Review by Marine Mammal Commission. Upon receipt of an application the Director shall forward the application to the Marine Mammal Commission together with a request for the recommendations of the Commission and the Committee of Scientific Advisors on Marine Mammals. In order to comply with the time limits provided in these regulations, the Director shall request that such recommendation be submitted within 30 days of receipt of the application by the Commission. If the Commission or the Committee, as the case may be, does not respond within 30 days from the receipt of such application by the Commission, the Director shall advise the Commission in writing that failure to respond within 45 days from original receipt of the application (or such longer time as the Director may establish) shall be considered as a recommendation from the Commission and the Committee that the permit be issued. The Director may also consult with any other person, institution or agency concerning the application.

(c) Issuance criteria. Permits applied for under this section shall be issued, suspended, modified and revoked pursuant to regulations contained in § 18.33. In determining whether to issue a scientific research permit, the Director shall consider whether the proposed taking or importation will be consistent with the policies and purposes of the Act; and whether the granting of the permit is required to further a bona fide and necessary or desirable scientific purpose, taking into account the benefits anticipated to be derived from the scientific research contemplated and the effect of the purposed taking or importation on the population stock and the marine ecosystem. In determining whether to issue a public display permit, the Director shall consider whether the proposed taking or importation will be consistent with the policies and purposes of the Act; whether a substantial public benefit will be gained from the display contemplated, taking into account the manner of the display and the anticipated audience on the one hand, and the effect of the proposed taking or importation on the population stocks of the marine mammal in question and the marine ecosystem on the other; and the applicant's qualifications for the proper care and maintenance of the marine mammal or the marine mammal product, and the adequacy of his facilities.

(d) Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, permits issued under this section shall be subject to the following conditions:

(1) Any permit issued under these regulations must be in the possession of the person to whom it is issued (or an agent of such person) during:

(i) The time of the authorized taking or importation;

(ii) The period of any transit of such person or agent which is incidental to such taking or importation; and

(iii) Any other time while any marine mammal taken or imported under such permit is in the possession of such person or agent.

(2) A duplicate copy of the issued permit must be physically attached to the container, package, enclosure, or other means of containment, in which the marine mammal is placed for purposes of storage, transit, supervision, or care.

(e) Tenure of permits. The tenure of permits for scientific research or public display shall be designated on the face of the permit.

§ 18.32 Waiver of the moratorium.

See subpart F (Waiver of the moratorium; State laws and regulations) and subpart G (Notice and Hearing on section 103 Regulations) for procedures regarding waivers of the moratorium in those circumstances where a state provides an acceptable management program for a species or population stock within its jurisdiction.

[40 FR 59442, Dec. 24, 1975]
§ 18.33 Procedures for issuance of permits and modification, suspension, or revocation thereof.

(a) Whenever application for a permit is received by the director which the director deems sufficient, he shall, as soon as practicable, publish a notice thereof in the Federal Register. Such notice shall set forth a summary of the information contained in such application. Any interested party may, within 30 days after the date of publication of such notice, submit to the director his written data or views with respect to the taking or importation proposed in such application and may request a hearing in connection with the action to be taken thereon.

(b) If the request for a hearing is made within the 30-day period referred to in paragraph (a) of this section, or if the director determines that a hearing would otherwise be advisable, the director may, within 60 days after the date of publication of the notice referred to in paragraph (a) of this section, afford to such requesting party or parties an opportunity for a hearing. Such hearing shall also be open to participation by any interested members of the public. Notice of the date, time, and place of such hearing shall be published in the Federal Register not less than 15 days in advance of such hearing. Any interested person may appear in person or through representatives at the hearing and may submit any relevant material, data, views, comments, arguments, or exhibits. A summary record of the hearing shall be kept.

(c) As soon as practicable but not later than 30 days after the close of the hearing (or if no hearing is held, as soon as practicable after the end of the 30 days succeeding publication of the notice referred to in paragraph (a) of this section the director shall issue or deny issuance of the permit. Notice of the decision of the director shall be published in the Federal Register within 10 days after the date of such issuance or denial. Such notice shall include the date of the issuance or denial and indicate where copies of the permit, if issued, may be obtained.

(d) Any permit shall be subject to modification, suspension, or revocation by the director in whole or in part in accordance with these regulations and the terms of such permits. The permittee shall be given written notice by registered mail, return receipt requested, of any proposed modification, suspension, or revocation. Such notice shall specify:

(1) The action proposed to be taken along with a summary of the reasons therefor;

(2) In accordance with 5 U.S.C. 558, the steps which the permittee may take to demonstrate or achieve compliance with all lawful requirements; and

(3) That the permittee is entitled to a hearing thereon if a written request for such a hearing is received by the Director within 10 days after receipt of the aforesaid notice or such other later date as may be specified in the notice to the permittee. The time and place of the hearing, if requested by the permittee, shall be determined by the director and a written notice thereof given to the permittee by registered mail, return receipt requested, not less than 15 days prior to the date of hearing specified. The director may, in his discretion, allow participation at the hearing by interested members of the public. The permittee and other parties participating may submit all relevant material, data, views, comments, arguments, and exhibits at the hearing. A summary record shall be kept of any such hearing.

(e) The Director shall make a decision regarding the proposed modification, suspension, or revocation, as soon as practicable after the close of the hearing, or if no hearing is held, as soon as practicable after the close of the 10 day period during which a hearing could have been requested. Notice of the modification, suspension, or revocation shall be published in the Federal Register within 10 days from the date of the Director's decision. In no event shall the proposed action take effect until notice of the Director's decision is published in the Federal Register.

 Subpart E—Depleted Species or Stocks [Reserved] Subpart F—Transfer of Management Authority to States Note:

Regulations governing the transfer of management authority to States pursuant to section 109 of the Marine Mammal Protection Act for marine mammal species under the jurisdiction of the Secretary of the Interior are found at part 403 of this title.

 [48 FR 22456, May 18, 1983] Subpart G—Notice and Hearing on Section 103 Regulations Source:

41 FR 5396, Feb. 6, 1976, unless otherwise noted.

§ 18.70 Basis and purpose.

(a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and 1371(b)) and these regulations authorize the Director, U.S. Fish and Wildlife Service, to: (1) Impose regulations governing the taking of marine mammals incidental to commercial fishing operations; (2) waive the moratorium and adopt regulations with respect to the taking and importing of animals from each species of marine mammals under his jurisdiction; and (3) prescribe regulations governing the taking of depleted marine mammals by any Indian, Aleut or Eskimo, respectively. In prescribing regulations to carry out the provisions of said sections, the act refers the Director to section 103 (16 U.S.C. 1373). In accordance with section 103(d), regulations must be made on the record after opportunity for an agency hearing on such regulations and, in the case of a waiver, on the determination by the Director to waive the moratorium pursuant to section 101(a)(3)(A) (16 U.S.C. 1371(a)(3)(A)).

(b) [Reserved]

§ 18.71 Definitions.

Definitions shall be the same as in subpart A of this part except as follows:

(a) Party means for the purposes of this subpart:

(1) The Director or his representative; or

(2) A person who has notified the Director by specified dates of his or her intent to participate in the hearing pursuant to §§ 18.75 and 18.84(b).

(b) Presiding officer means, for the purposes of this subpart, an administrative law judge of the Office of Hearings and Appeals appointed in accordance with 5 U.S.C. 3105.

(c) Witness means, for the purposes of this subpart, any person who provides direct testimony on the proposed regulations and waiver. A person may be both a party and a witness.

§ 18.72 Scope of regulations.

The procedural regulations in this subpart govern the practice and procedure in hearings held under section 103(d) of the Act. These hearings will be governed by the provisions of sections 556 and 557 of the Administrative Procedure Act (5 U.S.C. 556 and 557). The regulations shall be construed to secure the just, speedy, and inexpensive determination of all issues raised with respect to any waiver and/or regulation proposed pursuant to section 103(d) of the act in a manner which gives full protection to the rights of all persons affected thereby.

§ 18.73 Burden of proof.

The proponents of the proposed regulations and waiver must demonstrate that any taking or importation of any marine mammal under such proposed regulations and waiver would be consistent with the act.

§ 18.74 Notice of hearing.

(a) A notice of hearing on any proposed regulations shall be published in the Federal Register, together with the Director's proposed determination to waive the moratorium pursuant to section 101(a)(3)(A) (16 U.S.C. 1371(a)(3)(A)), where applicable.

(b) The notice shall state:

(1) The nature of the hearing;

(2) The place and date of the hearing. The date shall not be less than 60 days after publication of notice of the hearing;

(3) The legal authority under which the hearing is to be held;

(4) The proposed regulations and waiver, where applicable, and a summary of the statements required by section 103(d) of the Act (16 U.S.C. 1373(d));

(5) Issues of fact which may be involved in the hearing;

(6) If an Environmental Impact Statement is required, the date of publication of the Statement and the times and place(s) where the Statement and comments thereon may be viewed and copied;

(7) Any written advice received from the Marine Mammal Commission;

(8) The times and place(s) where records and submitted direct testimony will be kept for public inspection, along with appropriate references to any other documents;

(9) The final date for filing with the Director a notice of intent to participate in the hearing pursuant to § 18.75;

(10) The final date for submission of direct testimony on the proposed regulations and waiver, if applicable, and the number of copies required;

(11) The docket number assigned to the case which shall be used in all subsequent proceedings; and

(12) The place and date of the prehearing conference.

§ 18.75 Notification by interested persons.

Any person desiring to participate as a party shall notify the Director, by certified mail, on or before the date specified in the notice of hearing.

§ 18.76 Presiding officer.

(a) Upon publication of the notice of hearing pursuant to § 18.74, the Office of Hearings and Appeals shall appoint a presiding officer pursuant to 5 U.S.C. 3105. No individual who has any conflict of interest, financial or otherwise, shall serve as presiding officer in such proceeding.

(b) The presiding officer, in any proceeding under this subpart, shall have power to:

(1) Change the time and place of the hearing and adjourn the hearing;

(2) Evaluate direct testimony submitted pursuant to these regulations, make a preliminary determination of the issues, conduct a prehearing conference to determine the issues for the hearing agenda, and cause to be published in the Federal Register a final hearing agenda;

(3) Rule upon motions, requests and admissibility of direct testimony;

(4) Administer oaths and affirmations, question witnesses and direct witnesses to testify;

(5) Modify or waive any rule (after notice) when determining no party will be prejudiced;

(6) Receive written comments and hear oral arguments;

(7) Render a recommended decision; and

(8) Do all acts and take all measures, including regulation of media coverage, for the maintenance of order at and the efficient conduct of the proceeding.

(c) In case of the absence of the original presiding officer or his inability to act, the powers and duties to be performed by the original presiding officer under this part in connection with a proceeding may, without abatement of the proceeding, be assigned to any other presiding officer by the Office of Hearings and Appeals unless otherwise ordered by the Director.

(d) The presiding officer shall withdraw from the proceeding upon his own motion or upon the filing of a motion by a party under § 18.76(e) if he deems himself disqualified under recognized canons of judicial ethics.

(e) A presiding officer may be requested to withdraw at any time prior to the recommended decision. If there is filed by a party in good faith a timely and sufficient affidavit alleging the presiding officer's personal bias, malice, conflict of interest or other basis which might result in prejudice to a party, the hearing shall recess. The Director of the Office of Hearings and Appeals shall immediately determine the matter as a part of the record and decision in the proceeding, after making such investigation or holding such hearings, or both, as he may deem appropriate in the circumstances.

§ 18.77 Direct testimony submitted as written documents.

(a) Unless otherwise specified, all direct testimony, including accompanying exhibits, must be submitted to the presiding officer in writing no later than the dates specified in the notice of the hearing (§ 18.74), the prehearing order (§ 18.82), or within 15 days after the conclusion of the prehearing conference (§ 18.84) as the case may be. All direct testimony, referred to in the affidavit and made a part thereof, must be attached to the affidavit. Direct testimony submitted with exhibits must state the issue to which the exhibit relates; if no such statement is made, the presiding officer shall determine the relevance of the exhibit to the issues published in the Federal Register.

(b) The direct testimony submitted shall contain:

(1) A concise statement of the witness’ interest in the proceeding and his position regarding the issues presented. If the direct testimony is presented by a witness who is not a party, the witness shall state his relationship to the party; and

(2) Facts that are relevant and material.

(c) The direct testimony may propose issues of fact not defined in the notice of the hearing and the reason(s) why such issues should be considered at the hearing.

(d) Ten copies of all direct testimony must be submitted unless the notice of the hearing otherwise specifies.

(e) Upon receipt, direct testimony shall be assigned a number and stamped with that number and the docket number.

(f) Contemporaneous with the publication of the notice of hearing, the Director's direct testimony in support of the proposed regulations and waiver, where applicable, shall be available for public inspection as specified in the notice of hearing. The Director may submit additional direct testimony during the time periods allowed for submission of such testimony by witnesses.

§ 18.78 Mailing address.

Unless otherwise specified in the notice of hearing, all direct testimony shall be addressed to the Presiding Officer, c/o Director, U.S. Fish and Wildlife Service, Washington, DC 20240. All affidavits and exhibits shall be clearly marked with the docket number of the proceedings.

§ 18.79 Inspection and copying of documents.

Any document in a file pertaining to any hearing authorized by this subpart or any document forming part of the record of such a hearing may be inspected and/or copied in the Office of the Director, U.S. Fish and Wildlife Service, Washington, DC 20240, unless the file is in the care and custody of the presiding officer, in which case he shall notify the parties as to where and when the record may be inspected.

§ 18.80 Ex parte communications.

(a) After notice of a hearing is published in the Federal Register, all communications, whether oral or written, involving any substantive or procedural issue and directed either to the presiding officer or to the Director, Deputy Director or Marine Mammal Coordinator, U.S. Fish and Wildlife Service, without reference to these rules of procedure, shall be deemed ex parte communications and are not to be considered part of the record for decision.

(b) A record of oral conversations shall be made by the above persons who are contacted. All communications shall be available for public viewing at times and place(s) specified in the notice of hearing.

(c) The presiding officer shall not communicate with any party on any fact in issue or on the merits of the matter unless notice and opportunity is given for all parties to participate.

§ 18.81 Prehearing conference.

(a) After an examination of all the direct testimony submitted pursuant to § 18.77, the presiding officer shall make a preliminary determination of issues of fact which may be addressed at the hearing.

(b) The presiding officer's preliminary determination shall be made available at the place or places provided in the notice of the hearing (§ 18.74(b)(8)) at least five days before the prehearing conference is held.

(c) The purpose of the prehearing conference shall be to enable the presiding officer to determine, on the basis of the direct testimony submitted and prehearing discussions:

(1) Whether the presiding officer's preliminary determination of issues of fact for the hearing has omitted any significant issues;

(2) What facts are not in dispute;

(3) Which witnesses may appear at the hearing; and

(4) The nature of the interest of each party and which parties’ interests are adverse.

(d) Only parties may participate in the prehearing conference, and a party may appear in person or be represented by counsel.

§ 18.82 Prehearing order.

(a) After the prehearing conference, the presiding officer shall prepare a prehearing order which shall be published in the Federal Register within ten days after the conclusion of the conference. A copy of the prehearing order shall be mailed to all Parties.

(b) The prehearing order shall list: (1) All the issues which the hearing shall address, the order in which those issues shall be presented, and the direct testimony submitted which bears on the issues; and (2) a final date for submission of direct testimony on issues of fact not included in the notice of hearing if such issues are presented. The prehearing order may also specify a final date for submission of direct testimony to rebut testimony previously submitted during the time specified in the notice of the hearing.

(c) The presiding officer shall publish with the prehearing order a list of witnesses who may appear at the hearing, a list of parties, the nature of the interest of each party, and which parties interests are adverse on the issues presented.

(d) All parties shall be bound by the prehearing order.

§ 18.83 Determination to cancel the hearing.

(a) If the presiding officer determines that no issues of material fact are presented by the direct testimony submitted prior to the date of the hearing, he may publish in the Federal Register such determination and that on issues of material fact a hearing shall not be held. The presiding officer may provide an opportunity for argument on any issues of law presented by the direct testimony.

(b) Promptly after oral argument, if any, the presiding officer shall make a recommended decision based on the record, which in this case shall consist of the direct testimony and any oral argument presented. He shall transmit to the Director his recommended decision, the record and a certificate stating that the record contains all the written direct testimony. The Director shall then make a final decision in accordance with these regulations (§ 18.91).

§ 18.84 Rebuttal testimony and new issues of fact in prehearing order.

(a) Direct testimony to rebut testimony offered during the time period specified in the notice of hearing may be submitted pursuant to these regulations within fifteen days after the conclusion of the prehearing conference unless the presiding officer otherwise specifies in the prehearing order.

(b) If the prehearing order presents issues not included in the notice of the hearing published pursuant to § 18.74:

(1) Any person interested in participating at the hearing on such issues presented shall notify the Director by certified mail of an intent to participate not later than ten days after publication of the prehearing order. Such person may present direct testimony or cross-examine witnesses only on such issues presented unless he previously notified the Director pursuant to § 18.75; and

(2) Additional written direct testimony concerning such issues may be submitted within the time provided in the prehearing order. Such direct testimony will comply with the requirements of § 18.77.

§ 18.85 Waiver of right to participate.

Any person who fails to notify the Director of his intent to participate pursuant to § 18.75 or § 18.84 shall be deemed to have waived his right to participate as a party.

§ 18.86 Conduct of the hearing.

(a) The hearing shall be held at the time and place fixed in the notice of hearing, unless the presiding officer changes the time or place. If a change occurs, the presiding officer shall publish the change in the Federal Register and shall expeditiously notify all parties by telephone or by mail. If the change in time or place of hearing is made less than five days before the date previously fixed for the hearing, the presiding officer shall also announce, or cause to be announced, the change at the time and place previously fixed for the hearing.

(b) The presiding officer shall, at the commencement of the hearing, introduce into the record the notice of hearing as published in the Federal Register, all subsequent notices published in the Federal Register, the Environmental Impact Statement if it is required and the comments thereon and agency responses to the comments, and a list of all parties. Direct testimony shall then be received with respect to the matters specified in the prehearing order in such order as the presiding officer shall announce. With respect to direct testimony submitted as rebuttal testimony or in response to new issues presented by the prehearing conference, the presiding officer shall determine the relevancy of such testimony.

(c) The hearing shall be publicly conducted and reported verbatim by an official reporter.

(d) If a party objects to the admission or rejection of any direct testimony or to any other ruling of the presiding officer during the hearing, he shall state briefly the grounds of such objection, whereupon an automatic exception will follow if the objection is overruled by the presiding officer. The transcript shall not include argument or debate thereon except as ordered by the presiding officer. The ruling of the presiding officer on any objection shall be a part of the transcript and shall be subject to review at the same time and in the same manner as the Director's final decision. Only objections made before the presiding officer may subsequently be relied upon in the proceedings.

(e) All motions and requests shall be addressed to, and ruled on by, the presiding officer if made prior to his certification of the transcript, or by the Director if made thereafter.

§ 18.87 Direct testimony.

(a) Only direct testimony submitted as provided in these regulations and introduced at the hearing by a witness shall be considered part of the record. Such direct testimony, when written, shall not be read into evidence but shall become a part of the record subject to exclusion of irrelevant and immaterial parts thereof.

(b) The witness introducing direct testimony shall:

(1) State his name, address and occupation;

(2) State qualifications for introducing the direct testimony. If an expert, the witness shall briefly state the scientific or technical training which qualifies him as an expert;

(3) Identify the direct testimony previously submitted in accordance with these regulations; and

(4) Submit to appropriate cross- and direct-examination. Cross-examination shall be by a party whose interests are adverse on the issue presented to the witness if the witness is a party, or to the interests of the party who presented the witness.

(c) A party shall be deemed to have waived the right to introduce direct-testimony if such party fails to present a witness to introduce the direct-testimony.

(d) Official notice may be taken of such matters as are judicially noticed by the courts of the United States. Parties shall be given adequate notice, by the presiding officer, at the hearing, of matters so noticed and shall be given adequate opportunity to show that such facts are inaccurate or are erroneously noticed.

§ 18.88 Cross-examination.

(a) The presiding officer may:

(1) Require the cross-examiner to outline the intended scope of the examination; and

(2) Exclude cross-examination questions that are immaterial, irrelevant or unduly repetitious.

(b) Any party shall be given an opportunity to appear, either in person or through an authorized counsel or representative, to cross-examine witnesses. Before cross-examining a witness, the party or counsel shall state his name, address and occupation. If counsel cross-examines the witness, counsel shall state for the record the authority to act as counsel. Cross-examiners shall be assumed to be familiar with the direct testimony.

(c) Any party or party's counsel who fails to appear at the hearing to cross-examine an “adverse” witness shall be deemed to have waived the right to cross-examine that witness.

(d) Scientific, technical or commercial publications may only be utilized for the limited purposes of impeaching witnesses under cross-examination unless previously submitted and introduced in accordance with these regulations.

§ 18.89 Oral and written arguments.

(a) The presiding officer may, in his discretion, provide for oral argument by parties at the end of the hearing. Such argument, when permitted, may be limited by the presiding officer to the extent necessary for the expeditious disposition of the proceeding.

(b) The presiding officer shall announce at the hearing a reasonable period of time within which any party may file with the presiding officer proposed findings and conclusions and written arguments or briefs, which are based upon the record and citing where practicable the relevant page or pages of the transcript. If a party filing a brief desires the presiding officer to reconsider any objection made by such party to a ruling of the presiding officer, he shall specifically identify such rulings by reference to the pertinent pages of the transcript and shall state his arguments thereon as a part of the brief.

(c) Oral or written arguments shall be limited to issues arising from direct testimony on the record.

§ 18.90 Recommended decision, certification of the transcript and submission of comments on the recommended decision.

(a) Promptly after expiration of the period for receiving written briefs, the presiding officer shall make a recommended decision based on the record and transmit the decision to the Director. The recommended decision shall include:

(1) A statement containing a description of the history of the proceedings;

(2) Findings on the issues of fact with the reasons therefor; and

(3) Rulings on issues of law.

(b) The presiding officer shall also transmit to the Director the transcript of the hearing, the original and all copies of the direct testimony, and written comments. The presiding officer shall attach to the original transcript of the hearing a certificate stating that to the best of his knowledge and belief the transcript is a true transcript of the testimony given at the hearing except in such particulars as are specified.

(c) Upon receipt of the recommended decision, the Director shall send a copy thereof to each party by certified mail and shall publish in the Federal Register a notice of the receipt of the recommended decision by the Director. The notice shall include:

(1) A summary of the recommended decision;

(2) A statement that any interested person may file written comments on the recommended decision with the Director by a specified date;

(3) The time(s) and place(s) where the record of the hearing transmitted to the Director pursuant to paragraph (b) of this section may be inspected by interested persons; and

(4) The time(s) and place(s) where the recommended decision may be inspected and/or copied by interested persons.

(d) Within thirty days after the notice of receipt of the recommended decision has been published in the Federal Register, any interested person may file with the Director any written comments on the recommended decision. All comments, including recommendations from or consultation with the Marine Mammal Commission, must be submitted during the thirty-day period to the Director at the above address.

§ 18.91 Director's decision.

(a) Upon receipt of the recommended decision and transcript and after the thirty-day period for receiving written comments on the recommended decision has passed, the Director shall make a final decision on the proposed regulations and waiver, where applicable. The Director's decision may affirm, modify, or set aside, in whole or in part, the recommended findings, conclusions and decision of the presiding officer. The Director may also remand the hearing record to the presiding officer for a fuller development of the record.

(b) The Director's decision shall include:

(1) A statement containing a description of the history of the proceeding;

(2) Findings on the issues of fact with the reasons therefor;

(3) Rulings on issues of law; and

(4) Any other relevant information which the Director deems appropriate.

(c) The Director's decision shall be published in the Federal Register. If the waiver is approved, the final adopted regulations shall be promulgated with the decision, or as soon thereafter as practicable.

 Subpart H—Waiver of Moratorium on Taking and Importation of Individual Marine Mammal Species Source:

41 FR 14373, Apr. 5, 1976, unless otherwise noted.

§ 18.92 Purpose of regulations.

The regulations contained in this subpart fulfill the requirements of section 103 of the Act for regulations to govern the taking and importation of each species of marine mammal for which the moratorium imposed by section 101 has been waived.

§ 18.93 Scope of regulations.

(a) The provisions in this subpart apply only after (1) the Director has made a decision to waive a moratorium pursuant to section 101(a)(3)(A) of the Act, (2) the opportunity for a hearing required by section 103(d) of the Act has been provided, and (3) the Director has made a determination, in the case of State laws and regulations, to approve such State laws and regulations pursuant to section 109(a)(2) of the Act and subpart F of this part.

(b) The provisions of this subpart, unless specifically stated, apply to all taking and/or importation of each species of marine mammal for which the moratorium has been waived other than takings for scientific research or public display, which are governed by § 18.31 of this part, or takings incidental to commercial fishing operations which are governed by § 18.24.

§ 18.94 Pacific walrus (Alaska).

(a) Pursuant to sections 101(a)(3)(A) 103, and 109 of the Marine Mammal Protection Act of 1972, the moratorium on the hunting and killing of Pacific walrus (Odobenus rosmarus) in waters or on lands subject to the jurisdiction of the State of Alaska, the United States, or on the high seas by any person, vessel, or conveyance subject to the jurisdiction of the State of Alaska or the United States, is waived, provided that beginning August 2, 1979 this waiver shall not be effective, and no taking or importation under the waiver shall be allowed, until this section is amended to establish regulations to effectively control taking and otherwise implement the waiver.

(b) [Reserved]

[41 FR 14373, Apr. 5, 1976, as amended at 44 FR 45566, Aug. 2, 1979]
Subpart I [Reserved] Subpart J—Taking of Marine Mammals Incidental to Oil and Gas Exploration, Development, and Production Activities in the Beaufort Sea and Adjacent Northern Coast of Alaska Source:

65 FR 16842, Mar. 30, 2000; 65 FR 67305, Nov. 9, 2000, unless otherwise noted.

Effective Date Note:

At 65 FR 16842, Mar. 30, 2000, as corrected at 65 FR 67305, Nov. 9, 2000, Subpart J was added, effective Mar. 30, 2000 through Mar. 31, 2003.
§ 18.121 What specified activities does this rule cover?

Regulations in this subpart apply to the incidental, but not intentional, take of small numbers of polar bear and Pacific walrus by you (U.S. citizens as defined in § 18.27(c)) while engaged in oil and gas exploration, development, and production activities and environmental monitoring associated with oil and gas industry activities in the Beaufort Sea and adjacent northern coast of Alaska. The offshore exploration, development, and production facility, known as Northstar, is covered by this rule. Future offshore development and production, such as the proposed Liberty project, is not covered by this rule.

§ 18.122 In what specified geographic region does this rule apply?

This rule applies to the specified geographic region defined by a north/south line at Barrow, Alaska, and includes all Alaska coastal areas, State waters, and all Outer Continental Shelf waters east of that line to the Canadian border and an area 25 miles inland from Barrow on the west to the Canning River on the east. The Arctic National Wildlife Refuge is excluded from this rule.

ER30MR00.005
§ 18.123 When is this rule effective?

Regulations in this subpart are effective March 30, 2000 and remain effective through March 31, 2003, for year-round oil and gas exploration, development, and production activities.

§ 18.124 How do you obtain a Letter of Authorization?

(a) You must be a U.S. citizen as defined in § 18.27(c) of this part.

(b) If you are conducting an oil and gas exploration, development, or production activity in the specified geographic region described in § 18.122 that may take a polar bear or Pacific walrus in execution of those activities and desire incidental take authorization under this rule, you must apply for a Letter of Authorization for each exploration activity or a Letter of Authorization for each development and production area. You must submit the application for authorization to our Alaska Regional Director (See 50 CFR 2.2 for address) at last 90 days prior to the start of the proposed activity.

(c) Your application for a Letter of Authorization must include the following information:

(1) A description of the activity, the dates and duration of the activity, the specific location, and the estimated area affected by that activity.

(2) A site-specific plan to monitor the effects of the activity on the behavior of polar bear and Pacific walrus that may be present during the ongoing activities. Your monitoring program must document the effects to these marine mammals and estimate the actual level and type of take. The monitoring requirements will vary depending on the activity, the location, and the time of year.

(3) A polar bear awareness and interaction plan. For the protection of human life and welfare, each employee on site must complete a basic polar bear encounter training course.

(4) A Plan of Cooperation to mitigate potential conflicts between the proposed activity and subsistence hunting. This Plan of Cooperation must identify measures to minimize adverse effects on the availability of polar bear and Pacific walrus for subsistence uses if the activity takes place in or near a traditional subsistence hunting area. You must contact affected subsistence communities to discuss potential conflicts caused by location, timing, and methods of proposed operations. You must make reasonable efforts to assure that activities do not interfere with subsistence hunting or that adverse effects on the availability of polar bear or Pacific walrus are properly mitigated.

§ 18.125 What criteria do we use to evaluate Letter of Authorization requests?

(a) When you request a Letter of Authorization, we will evaluate each request for a Letter of Authorization based on the specific activity and the specific geographic location. We will determine whether the level of activity identified in the request exceeds that considered by us in making a finding of negligible impact on the species and a finding of no unmitigable adverse impact on the availability of the species for take for subsistence uses. If the level of activity is greater, we will reevaluate our findings to determine if those findings continue to be appropriate based on the greater level of activity that you have requested. Depending on the results of the evaluation, we may allow the authorization to stand as is, add further conditions, or withdraw the authorization.

(b) In accordance with § 18.27(f)(5) of this part, we will make decisions concerning withdrawals of Letters of Authorization, either on an individual or class basis, only after notice and opportunity for public comment.

(c) The requirement for notice and public comment in § 18.125(b) will not apply should we determine that an emergency exists that poses a significant risk to the well-being of the species or stock of polar bear or Pacific walrus.

§ 18.126 What does a Letter of Authorization allow?

(a) Your Letter of Authorization may allow the incidental, but not intentional, take of polar bear and Pacific walrus when you are carrying out one or more of the following activities:

(1) Conducting geological and geophysical surveys and associated activities;

(2) Drilling exploratory wells and associated activities;

(3) Developing oil fields and associated activities;

(4) Drilling production wells and performing production support operations; and

(5) Conducting environmental monitoring activities associated with exploration, development, and production activities to determine associated impacts.

(b) You must use methods and conduct activities identified in your Letter of Authorization in a manner that minimizes to the greatest extent practicable adverse impacts on polar bear and Pacific walrus, their habitat, and on the availability of these marine mammals for subsistence uses.

(c) Each Letter of Authorization will identify allowable conditions or methods that are specific to the activity and location.

§ 18.127 What activities are prohibited?

(a) Intentional take of polar bears or Pacific walrus; and

(b) Any take that fails to comply with the terms and conditions of these specific regulations or of your Letter of Authorization.

§ 18.128 What are the monitoring and reporting requirements?

(a) We require holders of Letters of Authorization to cooperate with us and other designated Federal, State, and local agencies to monitor the impacts of oil and gas exploration, development, and production activities on polar bear and Pacific walrus.

(b) Holder of Letters of Authorization must designate a qualified individual or individuals to observe, record, and report on the effects of their activities on polar bear and Pacific walrus.

(c) We may place an observer on site of the activity on board drill ships, drill rigs, aircraft, icebreakers, or other support vessels or vehicles to monitor the impacts of your activity on polar bear and Pacific walrus.

(d) For exploratory activities, holders of a Letter of Authorization must submit a report to our Alaska Regional Director within 90 days after completion of activities. For development and production activities, holders of a Letter of Authorization must submit a report to our Alaska Regional Director by January 15 for the preceding year's activities. Reports must include, at a minimum, the following information:

(1) Dates and times of activity;

(2) Dates and locations of polar bear or Pacific walrus activity as related to the monitoring activity; and

(3) Results of the monitoring activities including an estimated level of take.

§ 18.129 What are the information collection requirements?

(a) The collection of information contained in this subpart has been approved by the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and assigned clearance number 1018-0070. We need to collect information in order to describe the proposed activity and estimate the impacts of potential takings by all persons conducting the activity. We will use the information to evaluate the application and determine whether to issue specific regulations and, subsequently, Letters of Authorization.

(b) For the initial year, we estimate your burden to be 200 hours to develop an application requesting us to promulgate incidental take regulations. For the initial year and annually thereafter when you conduct operations under this rule, we estimate an 8-hour burden per Letter of Authorization, a 4-hour burden for monitoring, and an 8-hour burden per monitoring report. You must respond to this information collection request to obtain a benefit pursuant to Section 101(a)(5) of the Marine Mammal Protection Act. You should direct comments regarding the burden estimate or any other aspect of this requirement to the Information Collection Clearance Officer, U.S. Fish and Wildlife Service, Department of the Interior, Mail Stop 222 ARLSQ, 1849 C Street, NW., Washington, D.C. 20240, and the Office of Management and Budget, Paperwork Reduction Project (1018-0070), Washington, D.C. 20503.

 Pt. 19 PART 19—AIRBORNE HUNTING Subpart A—Introduction Sec. 19.1 Purpose of regulations. 19.2 Scope of regulations. 19.3 Relation to other laws. 19.4 Definitions. Subpart B—Prohibitions 19.11 General prohibitions. 19.12 Exceptions to general prohibitions. Subpart C—Federal Permits 19.21 Limitation on Federal permits. Subpart D—State Permits and Annual Report Requirements 19.31 State permits. 19.32 Annual reporting requirements. Authority:

Fish and Wildlife Act of 1956, 85 Stat. 480, as amended, 86 Stat. 905 (16 U.S.C. 742a—j-1).

 Source:

39 FR 1177, Jan. 4, 1974, unless otherwise noted.

Subpart A—Introduction
§ 19.1 Purpose of regulations.

The regulations contained in this part provide rules relative to the prohibition against shooting or harassing of wildlife from any aircraft, provide the requirements for the contents and filing of annual reports by the States regarding permits issued for such shooting or harassing, and provide regulations necessary for effective enforcement of the Fish and Wildlife Act of 1956 as amended (16 U.S.C. 742a—j-1).

§ 19.2 Scope of regulations.

The regulations contained in this part apply to all persons within the territorial jurisdiction of the United States, to all United States citizens whether within the territorial jurisdiction of the United States or on the high seas or on board aircraft in flight over the high seas, and to all persons on board aircraft belonging in whole or in part to any United States citizen, firm, or partnership, or corporation created by or under the laws of the United States, or any State, territory or possession thereof.

§ 19.3 Relation to other laws.

The exemptions to general prohibitions of the Fish and Wildlife Act of 1956, that permit airborne hunting in certain circumstances (See subpart B of this part) do not supersede, or authorize the violation of, other laws designed for the conservation or protection of wildlife, including those laws prohibiting the shooting or harassing of bald and golden eagles, polar bears and other marine mammals, migratory birds, and other wildlife, except to the extent that airborne hunting is authorized by regulations or permits issued under authority of those laws. (See e.g., § 21.41 of this subchapter.)

§ 19.4 Definitions.

In addition to definitions contained in part 10 of this subchapter, and unless the context otherwise requires, in this part 19:

Harass means to disturb, worry, molest, rally, concentrate, harry, chase, drive, herd or torment.

 Subpart B—Prohibitions
§ 19.11 General prohibitions.

(a) Except as otherwise authorized by the Fish and Wildlife Act of 1956 as amended, no person shall:

(1) While airborne in any aircraft shoot or attempt to shoot for the purpose of capturing or killing any wildlife;

(2) Use an aircraft to harass any wildlife; or

(3) Knowingly participate in using an aircraft whether in the aircraft or on the ground for any purpose referred to in paragraph (a) (1) or (2) of this section.

(b) The acts prohibited in this section include, but are not limited to, any person who:

(1) Pilots or assists in the operation of an aircraft from which another person shoots or shoots at wildlife while airborne, or

(2) While on the ground takes or attempts to take any wildlife by means, aid, or use of an aircraft.

§ 19.12 Exceptions to general prohibitions.

The prohibitions of the preceding section shall not apply to any person who:

(1) Is acting within the scope of his official duties as an employee or authorized agent of a State or the United States to administer or protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life or crops; or

(2) Is acting within the limitations of a permit referred to in § 19.21 or § 19.31 of this part.

 Subpart C—Federal Permits
§ 19.21 Limitation on Federal permits.

No Federal permits will be issued to authorize any person to hunt, shoot, or harass any wildlife from an aircraft, except for Federal permits to scare or herd migratory birds referred to in § 21.41 of this subchapter.

 Subpart D—State Permits and Annual Report Requirements
§ 19.31 State permits.

(a) Except as provided in § 19.3, States may issue permits to persons to engage in airborne hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, livestock, domestic animals, human life or crops. States may not issue permits for the purpose of sport hunting.

(b) Upon issuance of a permit by a State to a person pursuant to this section, the issuing authority will provide immediate notification to the Special Agent in Charge having jurisdiction according to § 10.22.

§ 19.32 Annual reporting requirements.

(a) Any State issuing permits to persons to engage in airborne hunting or harassing of wildlife or any State whose employees or agents participate in airborne hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, livestock, domestic animals, human life or crops, shall file with the Director, an annual report on or before July 1 for the preceding calendar year ending December 31.

(b) The annual report required by this section shall contain the following information as to each such permit issued:

(1) The name and address of each person to whom a permit was issued.

(2) Permit number and inclusive dates during which permit was valid.

(3) The aircraft number of the aircraft used and the location where such aircraft was based.

(4) Common name and number of the wildlife for which authorization to take was given and a description of the area from which the wildlife were authorized to be taken.

(5) The purpose for which the permit was issued, specifically identifying whether the permit was issued to protect land, water, wildlife, livestock, domestic animals, crops, or human life.

(6) The common name and number of wildlife taken by permittees and State employees or agents.

(c) A compilation of all annual reports required by this section shall be made by the Director and furnished to any State filing such annual report.

 Pt. 20 PART 20—MIGRATORY BIRD HUNTING Subpart A—Introduction Sec. 20.1 Scope of regulations. 20.2 Relation to other provisions. Subpart B—Definitions 20.11 What terms do I need to understand? Subpart C—Taking 20.20 Migratory Bird Harvest Information Program. 20.21 What hunting methods are illegal? 20.22 Closed seasons. 20.23 Shooting hours. 20.24 Daily limit. 20.25 Wanton waste of migratory game birds. 20.26 Emergency closures. Subpart D—Possession 20.31 Prohibited if taken in violation of subpart C. 20.32 During closed season. 20.33 Possession limit. 20.34 Opening day of a season. 20.35 Field possession limit. 20.36 Tagging requirement. 20.37 Custody of birds of another. 20.38 Possession of live birds. 20.39 Termination of possession. 20.40 Gift of migratory game birds. Subpart E—Transportation Within the United States 20.41 Prohibited if taken in violation of subpart C. 20.42 Transportation of birds of another. 20.43 Species identification requirement. 20.44 Marking package or container. Subpart F—Exportation 20.51 Prohibited if taken in violation of subpart C. 20.52 Species identification requirement. 20.53 Marking package or container. Subpart G—Importations 20.61 Importation limits. 20.62 Importation of birds of another. 20.63 Species identification requirement. 20.64 Foreign export permits. 20.65 Processing requirement. 20.66 Marking of package or container. Subpart H—Federal, State, and Foreign Law 20.71 Violation of Federal law. 20.72 Violation of State law. 20.73 Violation of foreign law. Subpart I—Migratory Bird Preservation Facilities 20.81 Tagging requirement. 20.82 Records required. 20.83 Inspection of premises. Subpart J—Feathers or Skins 20.91 Commercial use of feathers. 20.92 Personal use of feathers or skins. Subpart K—Annual Seasons, Limits, and Shooting Hours Schedules 20.100 General provisions. 20.101 Seasons, limits, and shooting hours for Puerto Rico and the Virgin Islands. 20.102 Seasons, limits, and shooting hours for Alaska. 20.103 Seasons, limits, and shooting hours for mourning and white-winged doves and wild pigeons. 20.104 Seasons, limits, and shooting hours for rails, woodcock, and common (Wilson's) snipe. 20.105 Seasons, limits, and shooting hours for waterfowl, coots, and gallinules. 20.106 Seasons, limits, and shooting hours for sandhill cranes. 20.107 Seasons, limits, and shooting hours for tundra swans. 20.108 Nontoxic shot zones. 20.109 Extended seasons, limits, and hours for taking migratory game birds by falconry. 20.110 Seasons, limits and other regulations for certain Federal Indian reservations, Indian Territory, and ceded lands. Subpart L—Administrative and Miscellaneous Provisions 20.131 Extension of seasons. 20.132 Subsistence use in Alaska. 20.133 Hunting regulations for crows. 20.134 Nontoxic shot. Subpart M [Reserved] Subpart N—Special Procedures for Issuance of Annual Hunting Regulations 20.151 Purpose and scope. 20.152 Definitions. 20.153 Regulations committee. 20.154 Flyway Councils. 20.155 Public file. Authority:

16 U.S.C 703-712; 16 U.S.C. 742 a-j; Pub. L. 106-108.

 Source:

38 FR 22021, Aug. 15, 1973, unless otherwise noted.

Subpart A—Introduction
§ 20.1 Scope of regulations.

(a) In general. The regulations contained in this part relate only to the hunting of migratory game birds, and crows.

(b) Procedural and substantive requirements. Migratory game birds may be taken, possessed, transported, shipped, exported, or imported only in accordance with the restrictions, conditions, and requirements contained in this part. Crows may be taken, possessed, transported, exported, or imported only in accordance with subpart H of this part and the restrictions, conditions, and requirements prescribed in § 20.133.

§ 20.2 Relation to other provisions.

(a) Migratory bird permits. The provisions of this part shall not be construed to alter the terms of any permit or other authorization issued pursuant to part 21 of this subchapter.

(b) Migratory bird hunting stamps. The provisions of this part are in addition to the provisions of the Migratory Bird Hunting Stamp Act of 1934 (48 Stat. 451, as amended; 16 U.S.C. 718a).

(c) National wildlife refuges. The provisions of this part are in addition to, and are not in lieu of, any other provision of law respecting migratory game birds under the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C. 668dd) or any regulation made pursuant thereto.

(d) State Laws for the protection of migratory birds. No statute or regulation of any State shall be construed to relieve a person from the restrictions, conditions, and requirements contained in this part, however, nothing in this part shall be construed to prevent the several States from making and enforcing laws or regulations not inconsistent with these regulations and the conventions between the United States and any foreign country for the protection of migratory birds or with the Migratory Bird Treaty Act, or which shall give further protection to migratory game birds.

 Subpart B—Definitions
§ 20.11 What terms do I need to understand?

For the purpose of this part, the following terms shall be construed, respectively, to mean and to include:

(a) Migratory game birds means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in this part and belong to the following families:

(1) Anatidae (ducks, geese [including brant] and swans);

(2) Columbidae (doves and pigeons);

(3) Gruidae (cranes);

(4) Rallidae (rails, coots and gallinules); and

(5) Scolopacidae (woodcock and snipe).

A list of migratory birds protected by the international conventions and the Migratory Bird Treaty Act appears in § 10.13 of this subchapter.

(b) Seasons—(1) Open season means the days on which migratory game birds may lawfully be taken. Each period precribed as an open season shall be construed to include the first and last days thereof.

(2) Closed season means the days on which migratory game birds shall not be taken.

(c) Bag limits—(1) Aggregate bag limit means a condition of taking in which two or more usually similar species may be bagged (reduced to possession) by the hunter in predetermined or unpredetermined quantities to satisfy a maximum take limit.

(2) Daily bag limit means the maximum number of migratory game birds of single species or combination (aggregate) of species permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.

(3) Aggregate daily bag limit means the maximum number of migratory game birds permitted to be taken by one person in any one day during the open season when such person hunts in more than one specified geographic area and/or for more than one species for which a combined daily bag limit is prescribed. The aggregate daily bag limit is equal to, but shall not exceed, the largest daily bag limit prescribed for any one species or for any one specified geographic area in which taking occurs.

(4) Possession limit means the maximum number of migratory game birds of a single species or a combination of species permitted to be possessed by any one person when lawfully taken in the United States in any one specified geographic area for which a possession limit is prescribed.

(5) Aggregate possession limit means the maximum number of migratory game birds of a single species or combination of species taken in the United States permitted to be possessed by any one person when taking and possession occurs in more than one specified geographic area for which a possession limit is prescribed. The aggegate possession limit is equal to, but shall not exceed, the largest possession limit prescribed for any one of the species or specified geographic areas in which taking and possession occurs.

(d) Personal abode means one's principal or ordinary home or dwelling place, as distinguished from one's temporary or transient place of abode or dwelling such as a hunting club, or any club house, cabin, tent or trailer house used as a hunting club, or any hotel, motel or rooming house used during a hunting, pleasure or business trip.

(e) Migratory bird preservation facility means:

(1) Any person who, at their residence or place of business and for hire or other consideration; or

(2) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or

(3) Any hunting club which, in the normal course of operations; receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storage or shipment.

(f) Paraplegic means an individual afflicted with paralysis of the lower half of the body with involvement of both legs, usually due to disease of or injury to the spinal cord.

(g) Normal agricultural planting, harvesting, or post-harvest manipulation means a planting or harvesting undertaken for the purpose of producing and gathering a crop, or manipulation after such harvest and removal of grain, that is conducted in accordance with official recommendations of State Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture.

(h) Normal agricultural operation means a normal agricultural planting, harvesting, post-harvest manipulation, or agricultural practice, that is conducted in accordance with official recommendations of State Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture.

(i) Normal soil stabilization practice means a planting for agricultural soil erosion control or post-mining land reclamation conducted in accordance with official recommendations of State Extension Specialists of the Cooperative Extension Service of the U.S. Department of Agriculture for agricultural soil erosion control.

(j) Baited area means any area on which salt, grain, or other feed has been placed, exposed, deposited, distributed, or scattered, if that salt, grain, or other feed could serve as a lure or attraction for migratory game birds to, on, or over areas where hunters are attempting to take them. Any such area will remain a baited area for ten days following the complete removal of all such salt, grain, or other feed.

(k) Baiting means the direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could serve as a lure or attraction for migratory game birds to, on, or over any areas where hunters are attempting to take them.

(l) Manipulation means the alteration of natural vegetation or agricultural crops by activities that include but are not limited to mowing, shredding, discing, rolling, chopping, trampling, flattening, burning, or herbicide treatments. The term manipulation does not include the distributing or scattering of grain, seed, or other feed after removal from or storage on the field where grown.

(m) Natural vegetation means any non-agricultural, native, or naturalized plant species that grows at a site in response to planting or from existing seeds or other propagules. The term natural vegetation does not include planted millet. However, planted millet that grows on its own in subsequent years after the year of planting is considered natural vegetation.

[53 FR 24290, June 28, 1988, as amended at 64 FR 29804, June 3, 1999]
Subpart C—Taking
§ 20.20 Migratory Bird Harvest Information Program.

(a) Information collection requirements. The collections of information contained in § 20.20 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-0015. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The information will be used to provide a sampling frame for the national Migratory Bird Harvest Survey. Response is required from licensed hunters to obtain the benefit of hunting migratory game birds. Public reporting burden for this information is estimated to average 2 minutes per response for 3,300,000 respondents, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Thus the total annual reporting and record-keeping burden for this collection is estimated to be 112,000 hours. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Service Information Collection Clearance Officer, ms-224 ARLSQ, Fish and Wildlife Service, Washington, DC 20240, or the Office of Management and Budget, Paperwork Reduction Project 1018-0015, Washington, DC 20503.

(b) General provisions. Each person hunting migratory game birds in any State except Hawaii must have identified himself or herself as a migratory bird hunter and given his or her name, address, and date of birth to the respective State hunting licensing authority and must have on his or her person evidence, provided by that State, of compliance with this requirement.

(c) Tribal exemptions. Nothing in paragraph (b) of this section shall apply to tribal members on Federal Indian Reservations or to tribal members hunting on ceded lands.

(d) State exemptions. Nothing in paragraph (b) of this section shall apply to those hunters who are exempt from State-licensing requirements in the State in which they are hunting.

(e) State responsibilities. The State hunting licensing authority will ask each licensed migratory bird hunter in the respective State to report approximately how many ducks, geese, doves, and woodcock he or she bagged the previous year, whether he or she hunted coots, snipe, rails, and/or gallinules the previous year, and, in States that have band-tailed pigeon hunting seasons, whether he or she intends to hunt band-tailed pigeons during the current year.

[58 FR 15098, Mar. 19, 1993, as amended at 59 FR 53336, Oct. 21, 1994; 61 FR 46352, Aug. 30, 1996; 62 FR 45708, Aug. 28, 1997; 63 FR 46401, Sept. 1, 1998]
§ 20.21 What hunting methods are illegal?

Migratory birds on which open seasons are prescribed in this part may be taken by any method except those prohibited in this section. No persons shall take migratory game birds:

(a) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;

(b) With a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells. This restriction does not apply during a light-goose-only season (lesser snow and Ross' geese) when all other waterfowl and crane hunting seasons, excluding falconry, are closed while hunting light geese in Central and Mississippi Flyway portions of Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.

(c) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;

(d) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;

(e) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased: Provided, That a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power except in the seaduck area as permitted in subpart K of this part;

(f) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;

(g) By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds. This restriction does not apply during a light-goose-only season (lesser snow and Ross' geese) when all other waterfowl and crane hunting seasons, excluding falconry, are closed while hunting light geese in Central and Mississippi Flyway portions of Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.

(h) By means or aid of any motordriven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird;

(i) By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the area is or has been baited. However, nothing in this paragraph prohibits:

(1) the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over the following lands or areas that are not otherwise baited areas—

(i) Standing crops or flooded standing crops (including aquatics); standing, flooded, or manipulated natural vegetation; flooded harvested croplands; or lands or areas where seeds or grains have been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation or normal soil stabilization practice;

(ii) From a blind or other place of concealment camouflaged with natural vegetation;

(iii) From a blind or other place of concealment camouflaged with vegetation from agricultural crops, as long as such camouflaging does not result in the exposing, depositing, distributing or scattering of grain or other feed; or

(iv) Standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds.

(2) The taking of any migratory game bird, except waterfowl, coots and cranes, on or over lands or areas that are not otherwise baited areas, and where grain or other feed has been distributed or scattered solely as the result of manipulation of an agricultural crop or other feed on the land where grown, or solely as the result of a normal agricultural operation.

(j) While possessing shot (either in shotshells or as loose shot for muzzleloading) other than steel shot, or bismuth-tin (97 parts bismuth: 3 parts tin with <1 percent residual lead) shot, or tungsten-iron (40 parts tungsten: 60 parts iron with <1 percent residual lead) shot, or tungsten-polymer (95.5 parts tungsten: 4.5 parts Nylon 6 or 11 with <1 percent residual lead) shot, or tungsten-matrix (95.9 parts tungsten: 4.1 parts polymer with <1 percent residual lead) shot, or tin (99.9 percent tin with <1 percent residual lead) shot, or tungsten-nickel-iron (50% tungsten: 35% nickel: 15% iron with <1 percent residual lead), or such shot approved as nontoxic by the Director pursuant to procedures set forth in Sec. 20.134, provided that this restriction applies only to the taking of Anatidae (ducks, geese, (including brant) and swans), coots (Fulica americana) and any species that make up aggregate bag limits during concurrent seasons with the former in areas described in Sec. 20.108 as nontoxic shot zones, and further provided that:

(1) Tin shot (99.9 percent tin with 1 percent residual lead) is legal as nontoxic shot for waterfowl and coot hunting for the 2000-2001 hunting season only.

(2) [Reserved]

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22896, Aug. 27, 1973; 44 FR 2599, Jan. 12, 1979; 45 FR 70275, Oct. 23, 1980; 49 FR 4079, Feb. 2, 1984; 52 FR 27364, July 21, 1987; 53 FR 24290, June 28, 1988; 60 FR 64, Jan. 3, 1995; 60 FR 43316, Aug. 18, 1995; 61 FR 42494, Aug. 15, 1996; 62 FR 43447, Aug. 13, 1997; 64 FR 29804, June 3, 1999; 64 FR 32780, June 17, 1999; 64 FR 45405, Aug. 19, 1999; 64 FR 71237, Dec. 20, 1999; 65 FR 53940, Sept. 6, 2000; 66 FR 742, Jan. 4, 2001; 66 FR 32265, June 14, 2001]
§ 20.22 Closed seasons.

No person shall take migratory game birds during the closed season except as provided in part 21.

[66 FR 32265, June 14, 2001]
§ 20.23 Shooting hours.

No person shall take migratory game birds except during the hours open to shooting as prescribed in subpart K of this part.

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]
§ 20.24 Daily limit.

No person shall take in any 1 calendar day, more than the daily bag limit or aggregate daily bag limit, whichever applies.

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]
§ 20.25 Wanton waste of migratory game birds.

No person shall kill or cripple any migratory game bird pursuant to this part without making a reasonable effort to retrieve the bird, and retain it in his actual custody, at the place where taken or between that place and either (a) his automobile or principal means of land transportation; or (b) his personal abode or temporary or transient place of lodging; or (c) a migratory bird preservation facility; or (d) a post office; or (e) a common carrier facility.

[41 FR 31536, July 29, 1976]
§ 20.26 Emergency closures.

(a) The Director may close or temporarily suspend any season established under subpart K of this part:

(1) Upon a finding that a continuation of such a season would constitute an imminent threat to the safety of any endangered or threatened species or other migratory bird populations.

(2) Upon issuance of local public notice by such means as publication in local newspapers of general circulation, posting of the areas affected, notifying the State wildlife conservation agency, and announcement on local radio and television.

(b) Any such closure or temporary suspension shall be announced by publication of a notice to that effect in the Federal Register simultaneous with the local public notice referred to in paragraph (a)(2) of this section. However, in the event that it is impractical to publish a Federal Register notice simultaneously, due to the restriction in time available and the nature of the particular emergency situation, such notice shall follow the steps outlined in paragraph (a) of this section as soon as possible.

(c) Any closure or temporary suspension under this section shall be effective on the date of publication of the Federal Register notice; or if such notice is not published simultaneously, then on the date and at the time specified in the local notification to the public. Every notice of closure shall include the date and time of closing of the season and the area or areas affected. In the case of a temporary suspension, the date and time when the season may be resumed shall be provided by a subsequent local notification to the public, and by publication in the Federal Register.

[41 FR 31536, July 29, 1976]
Subpart D—Possession
§ 20.31 Prohibited if taken in violation of subpart C.

No person shall at any time, by any means, or in any manner, possess or have in custody any migratory game bird or part thereof, taken in violation of any provision of subpart C of this part.

§ 20.32 During closed season.

No person shall possess any freshly killed migratory game birds during the closed season.

§ 20.33 Possession limit.

No person shall possess more migratory game birds taken in the United States than the possession limit or the aggregate possession limit, whichever applies.

§ 20.34 Opening day of a season.

No person on the opening day of the season shall possess any freshly killed migratory game birds in excess of the daily bag limit, or aggregate daily bag limit, whichever applies.

§ 20.35 Field possession limit.

No person shall possess, have in custody, or transport more than the daily bag limit or aggregate daily bag limit, whichever applies, of migratory game birds, tagged or not tagged, at or between the place where taken and either (a) his automobile or principal means of land transportation; or (b) his personal abode or temporary or transient place of lodging; or (c) a migratory bird preservation facility; or (d) a post office; or (e) a common carrier facility.

[41 FR 31536, July 29, 1976]
§ 20.36 Tagging requirement.

No person shall put or leave any migratory game birds at any place (other than at his personal abode), or in the custody of another person for picking, cleaning, processing, shipping, transportation, or storage (including temporary storage), or for the purpose of having taxidermy services performed, unless such birds have a tag attached, signed by the hunter, stating his address, the total number and species of birds, and the date such birds were killed. Migratory game birds being transported in any vehicle as the personal baggage of the possessor shall not be considered as being in storage or temporary storage.

§ 20.37 Custody of birds of another.

No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by § 20.36.

§ 20.38 Possession of live birds.

Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit. No person shall at any time, or by any means, possess or transport live migratory game birds taken under authority of this part.

§ 20.39 Termination of possession.

Subject to all other requirements of this part, the possession of birds taken by any hunter shall be deemed to have ceased when such birds have been delivered by him to another person as a gift; or have been delivered by him to a post office, a common carrier, or a migratory bird preservation facility and consigned for transport by the Postal Service or a common carrier to some person other than the hunter.

[41 FR 31537, July 29, 1976]
§ 20.40 Gift of migratory game birds.

No person may receive, possess, or give to another, any freshly killed migratory game birds as a gift, except at the personal abodes of the donor or donee, unless such birds have a tag attached, signed by the hunter who took the birds, stating such hunter's address, the total number and species of birds and the date such birds were taken.

[42 FR 39668, Aug. 5, 1977]
Subpart E—Transportation Within the United States
§ 20.41 Prohibited if taken in violation of subpart C.

No person shall at any time, by any means, or in any manner, transport any migratory game bird or part thereof, taken in violation of any provision of subpart C of this part.

§ 20.42 Transportation of birds of another.

No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by § 20.36.

§ 20.43 Species identification requirement.

No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility.

[41 FR 31537, July 19, 1976]
§ 20.44 Marking package or container.

No person shall transport by the Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

 Subpart F—Exportation
§ 20.51 Prohibited if taken in violation of subpart C.

No person shall at any time, by any means, or in any manner, export or cause to be exported, any migratory game bird or part thereof, taken in violation of any provision of subpart C of this part.

§ 20.52 Species identification requirement.

No person shall export migratory game birds unless one fully feathered wing remains attached to each such bird while being transported from the United States and/or any of its possessions to any foreign country.

§ 20.53 Marking package or container.

No person shall export migratory game birds via the Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

 Subpart G—Importations
§ 20.61 Importation limits.

No person shall import migratory game birds in excess of the following importation limits:

(a) Doves and pigeons. (1) From any foreign country except Mexico, during any one calendar week beginning on Sunday, not to exceed 25 doves, singly or in the aggregate of all species, and 10 pigeons, singly or in the aggregate of all species.

(2) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, That if the importer has his Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he hunts in Mexico, he may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.

(b) Waterfowl. (1) From any foreign country except Canada and Mexico, during any one calendar week beginning on Sunday, not to exceed 10 ducks, singly or in the aggregate of all species, and five geese including brant, singly or in the aggregate of all species.

(2) From Canada, not to exceed the maximum number permitted to be exported by Canadian authorities.

(3) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, That if the importer has his Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he hunts in Mexico, he may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.

[40 FR 36346, Aug. 20, 1975]
§ 20.62 Importation of birds of another.

No person shall import migratory game birds belonging to another person.

§ 20.63 Species identification requirement.

No person shall import migratory game birds unless each such bird has one fully feathered wing attached, and such wing must remain attached while being transported between the port of entry and the personal abode of the possessor or between the port of entry and a migratory bird preservation facility.

[41 FR 31537, July 19, 1976]
§ 20.64 Foreign export permits.

No person shall import, possess or transport, any migratory game birds killed in a foreign country unless such birds are accompanied by export permits, tags, or other documentation required by applicable foreign laws or regulations.

§ 20.65 Processing requirement.

No person shall import migratory game birds killed in any foreign country, except Canada, unless such birds are dressed (except as required in § 20.63), drawn, and the head and feet are removed: Provided, That this shall not prohibit the importation of legally taken, fully feathered migratory game birds consigned for mounting purposes to a taxidermist who holds a current taxidermist permit issued to him pursuant to § 21.24 of this chapter and who is also licensed by the U.S. Department of Agriculture to decontaminate such birds.

§ 20.66 Marking of package or container.

No person shall import migratory game birds via the Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

 Subpart H—Federal, State, and Foreign Law
§ 20.71 Violation of Federal law.

No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto.

§ 20.72 Violation of State law.

No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any State.

§ 20.73 Violation of foreign law.

No person shall at any time, by any means, or in any manner, import, possess, or transport, any migratory bird, or any part, nest, or egg of any such bird taken, bought, sold, transported, possessed, or exported contrary to any applicable law or regulation of any foreign country, or State or province thereof.

 Subpart I—Migratory Bird Preservation Facilities
§ 20.81 Tagging requirement.

No migratory bird preservation facility shall receive or have in custody any migratory game birds unless such birds are tagged as required by § 20.36.

[41 FR 31537, July 29, 1976]
§ 20.82 Records required.

(a) No migratory bird preservation facility shall:

(1) Receive or have in custody any migratory game bird unless accurate records are maintained which can identify each bird received by, or in the custody of, the facility by the name of the person from whom the bird was obtained, and show (i) the number of each species; (ii) the location where taken; (iii) the date such birds were received; (iv) the name and address of the person from whom such birds were received; (v) the date such birds were disposed of; and (vi) the name and address of the person to whom such birds were delivered, or

(2) Destroy any records required to be maintained under this section for a period of 1 year following the last entry on the record.

(b) Record keeping as required by this section will not be necessary at hunting clubs which do not fully process migratory birds by removal of both the head and wings.

[41 FR 38510, Sept. 10, 1976]
§ 20.83 Inspection of premises.

No migratory bird preservation facility shall prevent any person authorized to enforce this part from entering such facilities at all reasonable hours and inspecting the records and the premises where such operations are being carried.

[41 FR 31537, July 19, 1976]
Subpart J—Feathers or Skins
§ 20.91 Commercial use of feathers.

Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl (ducks, geese, brant, and swans) killed by hunting pursuant to this part, or seized and condemned by Federal or State game authorities, except that:

(a) No person shall purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds taken under authority of this part; and

(b) No person shall purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds taken under authority of this part.

[38 FR 22021, Aug. 15, 1973, as amended at 45 FR 70275, Oct. 23, 1980]
§ 20.92 Personal use of feathers or skins.

Any person for his own use may possess, transport, ship, import, and export without a permit the feathers and skins of lawfully taken migratory game birds.

 Subpart K—Annual Seasons, Limits, and Shooting Hours Schedules
§ 20.100 General provisions.

(a) The taking, possession, transportation, and other uses of migratory game birds by hunters is generally prohibited unless it is specifically provided for under regulations developed in accordance with the Migratory Bird Treaty Act. Consequently, hunting is prohibited unless regulatory schedules are established for seasons, daily bag and possession limits, and shooting (or hawking) hours. Migratory game bird population levels, including production and habitat conditions, vary annually. These conditions differ over North America, and within the United States, by flyways, States, and frequently areas within States. Thus, it is necessary to make annual adjustments in the schedules to limit the harvests of migratory game birds to permissible levels.

(b) The development of these schedules involves annual data gathering programs to determine migratory game bird population status and trends, evaluations of habitat conditions, harvest information, and other factors having a bearing on the anticipated size of the fall flights of these birds. The proposed hunting schedules are announced early in the spring, and following consideration of additional information as it becomes available, as well as public comment, they are modified and published as supplemental proposals. These are also open to public comment. Public hearings are held for the purpose of providing additional opportunity for public participation in the rulemaking process.

[44 FR 7147, Feb. 6, 1979]
§ 20.101 Seasons, limits and shooting hours for Puerto Rico and the Virgin Islands.

This section provides for the annual hunting of certain doves, pigeons, ducks, coots, gallinules and snipe in Puerto Rico; and for certain doves, pigeons and ducks in the Virgin Islands. In these Commonwealths, the hunting of waterfowl and coots (and other certain species, as applicable) must be with the use of nontoxic shot beginning in the 1991-92 waterfowl season.

[53 FR 24290, June 28, 1988] Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 20.102 Seasons, limits, and shooting hours for Alaska.

This section provides for the annual hunting of certain waterfowl (ducks, tundra swans, geese, and brant), common snipe, and sandhill cranes in Alaska. In Alaska, the hunting of waterfowl must be with the use of nontoxic shot beginning in the 1991-92 waterfowl season.

[55 FR 35267, Aug. 28, 1990] Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 20.103 Seasons, limits, and shooting hours for mourning and white-winged doves and wild pigeons.

This section provides for the annual hunting of certain doves and pigeons in the 48 contiguous United States. The mourning dove hunting regulations are arranged by the Eastern, Central, and Western Management Units.

[44 FR 7147, Feb. 6, 1979] Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 20.104 Seasons, limits, and shooting hours for rails, woodcock, and common (Wilson's) snipe.

This section provides for the annual hunting of certain rails, woodcock, and snipe in the 48 contiguous United States.

[44 FR 7148, Feb. 6, 1979] Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 20.105 Seasons, limits and shooting hours for waterfowl, coots, and gallinules.

This section provides for the annual hunting of certain waterfowl (ducks, geese [including brant]), coots and gallinules in the 48 contiguous United States. The regulations are arranged by the Atlantic, Mississippi, Central and Pacific Flyways. These regulations often vary within Flyways or States, and by time periods. Those areas of the United States outside of State boundaries, i.e., the United States’ territorial waters seaward of county boundaries, and including coastal waters claimed by the separate States, if not already included under the zones contained in § 20.108, are designated for the purposes of § 20.21(j) as nontoxic shot zones for waterfowl hunting beginning in the 1991-92 season.

[53 FR 24290, June 28, 1988, as amended at 56 FR 22102, May 13, 1991] Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 20.106 Seasons, limits, and shooting hours for sandhill cranes.

This section provides for the annual hunting of sandhill cranes in designated portions of the 48 contiguous United States.

[55 FR 35267, Aug. 28, 1990] Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 20.107 Seasons, limits, and shooting hours for tundra swans.

This section provides for the annual hunting of tundra swans in designated portions of the 48 contiguous United States.

[55 FR 39829, Sept. 28, 1990] Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 20.108 Nontoxic shot zones.

Beginning September 1, 1991, the contiguous 48 United States, and the States of Alaska and Hawaii, the Territories of Puerto Rico and the Virgin Islands, and the territorial waters of the United States, are designated for the purpose of § 20.21(j) as nontoxic shot zones for hunting waterfowl, coots and certain other species. “Certain other species” refers to those species, other than waterfowl or coots, that are affected by reason of being included in aggregate bags and concurrent seasons.

[56 FR 22102, May 13, 1991]
§ 20.109 Extended seasons, limits, and hours for taking migratory game birds by falconry.

This section provides annual regulations by which falconers may take permitted migratory game birds.

[44 FR 7148, Feb. 6, 1979] Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 20.110 Seasons, limits, and other regulations for certain Federal Indian reservations, Indian Territory, and ceded lands.

This section provides for establishing annual migratory bird hunting regulations for certain tribes on Federal Indian reservations, Indian Territory, and ceded lands.

[50 FR 35764, Sept. 3, 1985] Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
Subpart L—Administrative and Miscellaneous Provisions
§ 20.131 Extension of seasons.

Whenever the Secretary shall find that emergency State action to prevent forest fires in any extensive area has resulted in the shortening of the season during which the hunting of any species of migratory game bird is permitted and that compensatory extension or reopening the hunting season for such birds will not result in a diminution of the abundance of birds to any greater extent than that contemplated for the original hunting season, the hunting season for the birds so affected may, subject to all other provisions of this subchapter, be extended or reopened by the Secretary upon request of the chief officer of the agency of the State exercising administration over wildlife resources. The length of the extended or reopened season in no event shall exceed the number of days during which hunting has been so prohibited. The extended or reopened season will be publicly announced.

§ 20.132 Subsistence use in Alaska.

(a) In Alaska, Eskimos and Indians may take, possess, and transport, in any manner and at any time, auks, auklets, guillemots, murres, and puffins and their eggs for food and their skins for clothing, but the birds and eggs so taken shall not be sold or offered for sale.

(b) In Alaska, any person may, for subsistence purposes, take, possess, and transport, in any manner and at any time, snowy owls and cormorants and their eggs for food and their skins for clothing, but the birds and eggs so taken shall not be sold or offered for sale.

§ 20.133 Hunting regulations for crows.

(a) Crows may be taken, possessed, transported, exported, or imported, only in accordance with such laws or regulations as may be prescribed by a State pursuant to this section.

(b) Except in the State of Hawaii, where no crows shall be taken, States may by statute or regulation prescribe a hunting season for crows. Such State statutes or regulations may set forth the method of taking, the bag and possession limits, the dates and duration of the hunting season, and such other regulations as may be deemed appropriate, subject to the following limitations for each State:

(1) Crows shall not be hunted from aircraft;

(2) The hunting season or seasons on crows shall not exceed a total of 124 days during a calendar year;

(3) Hunting shall not be permitted during the peak crow nesting period within a State; and

(4) Crows may only be taken by firearms, bow and arrow, and falconry.

§ 20.134 Nontoxic shot.

(a) Approval. (1) The information collection requirements contained in § 20.134 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-0067. The information is being collected to provide a basis for which the Director, Fish and Wildlife Service, can conduct a methodical and objective review to approve/disapprove nontoxic shot status sought by an applicant. The information will be used for toxicity assessment of candidate shot submitted for approval by applicant. Response is required to obtain a benefit.

(2) The Director, U.S. Fish and Wildlife Service, shall determine that a specific type of shot material is acceptable for the purposes of 50 CFR 20.21(j), if after a review of applications and supporting data submitted in accordance with this section, together with all other relevant evidence, including public comment, it is concluded that the spent shot material does not impose a significant danger to migratory birds and other wildlife or their habitats.

(b) Application and review—Tiered strategy for approval of nontoxic shot and shot coating. (1) All applications for approval under this section must be submitted with supporting documentation to the Director in accordance with the following procedures and must include at a minimum the supporting materials and information covered by Tier 1 in the tiered approval system as follows:

(2) Tier 1. (i)(A) Applicant provides statements of use, chemical characterization, production variability, volume of use of candidate material and shot sample as listed in paragraphs (b)(2)(i)(A)(1) through (5), (b)(2)(i)(B)(1) through (5), and (b)(2)(i)(C)(1) through (3) of this section. The candidate shot or shot coating may be chemically analyzed by the Service or an independent laboratory to compare the results with the applicant's descriptions of shot composition and composition variability. Rejection of the application will occur if it is incomplete or if the composition of the candidate material, upon analysis, varies significantly from that described by the applicant.

(1) Statement of proposed use, i.e., purpose and types.

(2) Description of the chemical composition of the intact material.

(i) Chemical names, Chemical Abstracts Service numbers (if available), and structures.

(ii) Chemical characterization for organics and organometallics for coating and core [e.g., empirical formula, melting point, molecular weight, solubility, specific gravity, partition coefficients, hydrolysis half-life, leaching rate (in water and soil), degradation half-life, vapor pressure, stability and other relevant characteristics].

(iii) Composition and weight of shot material.

(iv) Thickness, quantity (e.g., mg/shot), and chemical composition of shot coating.

(3) Statement of the expected variability of shot during production.

(4) Estimate of yearly volume of candidate shot and/or coated shot expected for use in hunting migratory birds in the U.S.

(5) Five pounds of the candidate shot and/or coated shot, as applicable, in size equivalent to United States standard size No. 4 (0.13 inches in diameter).

(B) Applicant provides information on the toxicological effects of the shot or shot coating as follows:

(1) A summary of the acute and chronic mammalian toxicity data of the shot or shot coating ranking its toxicity (e.g., LD50<5 mg/kg = super toxic, 5-50 mg/kg = extremely toxic, 50-500 mg/kg = very toxic, 500-5,000 mg/kg = moderately toxic, 5,000-15,000 = slightly toxic, >15,000 mg/kg = practically nontoxic) with citations.

(2) A summary of known acute, chronic, and reproductive toxicological data of the chemicals comprising the shot or shot coating with respect to birds, particularly waterfowl (include LD50 or LC50 data, and sublethal effects) with citations.

(3) A narrative description, with citations to relevant data, predicting the toxic effect in waterfowl of complete erosion and absorption of one shot or coated shot in a 24-hour period. Define the nature of toxic effect (e.g., mortality, impaired reproduction, substantial weight loss, disorientation and other relevant associated clinical observations).

(4) A statement, with supporting rationale and citations to relevant data, that there is or is not any reasonable basis for concern for shot or coated shot ingestion by fish, amphibians, reptiles or mammals. If there is some recognized impact on fish, amphibians, reptiles, or mammals, the Service may require additional study.

(5) Summarize the toxicity data of chemicals comprising the shot or shot coating to aquatic and terrestrial invertebrates, fish, amphibians, reptiles, and mammals.

(C) Applicant provides information on the environmental fate and transport, if any, of the shot or shot coating as follows:

(1) A statement of the alteration of the shot or shot coating, chemically or physically, upon firing. The statement must describe any alterations.

(2) An estimate of the environmental half-life of the organic or organometallic component of the shot or shot coating, and a description of the chemical form of the breakdown products.

(3) Information on the Estimated Environmental Concentration (EEC) assuming 69,000 shot per hectare (Bellrose 1959; Pain 1990) for:

(i) A terrestrial ecosystem, assuming complete dissolution of material in 5 cm of soil. What would be the EEC and would that EEC exceed existing clean soil standards? (Environmental Protection Agency [EPA] standards for the Use of Disposal of Sewage Sludge; 40 CFR Part 503). How does the estimated EEC relate to the toxicity threshold for plants, invertebrates, fish and wildlife?

(ii) An aquatic ecosystem, assuming complete dissolution of the shot or shot coating in 1 cubic foot of water. What is the estimated EEC, and how does it compare to the EPA Water Quality Criteria and toxicity thresholds in plants, invertebrates, fish and wildlife?

(D) Service evaluation of an application. (1) In reviewing the submission, the Service will use an exceedence of 1 LD50/square foot as the level of concern (U.S.E.P.A. 1992) as a criteria in the risk assessment.

(2) In cooperation with the applicant, the Service will conduct a risk assessment using the Quotient Method (Environmental Protection Agency 1986): Risk = EEC/Toxicological Level of Concern Compare EEC in ppm to an effect level (e.g., LD50 in ppm. If Q < 0.1 = No Adverse Effects; If 0.1 ≤ Q ≤ 10.0 = Possible Adverse Effects; If Q > 10.0 = Probable Adverse Effects.

(3) Upon receipt of the Tier 1 application, the Director will review it to determine if the submission is complete. If complete, the applicant is notified within 30 days of receipt that a thorough review of the application will commence. A Notice of Application will appear in the Federal Register announcing the initiation of review of a Tier 1 application. Complete review of a Tier 1 application will occur within 60 days of the date the Notice of Application is published in the Federal Register.

(E) If, after review of the Tier 1 data, the Service does not conclude that the shot or shot coating does not impose a significant danger to migratory birds, other wildlife, and their habitats, the applicant is advised to proceed with the additional testing described for Tier 2, Tier 3, or both. A Notice of Review will inform the public that Tier 1 test results are inconclusive, and Tier 2, Tier 3, or both testing are required before further consideration.

(F) If review of the Tier 1 data results in a preliminary determination that the candidate material does not impose a significant danger to migratory birds, other wildlife, and their habitats, the Director will publish in the Federal Register a proposed rule stating the Service's intention to approve this shot or shot coating based on the toxicological report and toxicity studies. The rulemaking will include a description of the chemical composition of the candidate shot or shot coating, and a synopsis of findings under the standards required for Tier 1. If, at the end of the comment period, the Service finds no technical or scientific basis upon which to alter its conclusion, the candidate material will be approved by the publication of a final rule in the Federal Register. If, after receiving public comment, the Service determines that all available information does not establish that the shot and/or shot coating does not impose a significant danger to migratory birds, other wildlife, and their habitats, Tier 2, Tier 3, or both testing will be required and a Notice of Review will appear in the Federal Register. If only one of these two Tier tests are required, the Service will explain in the notice why the other is not required. If the applicant chooses not to proceed, the determination denying approval will appear in the Federal Register.

(ii) [Reserved]

(3) Tier 2. (i) If Tier 2 testing is required, the applicant must submit a plan that addresses paragraph (b)(3)(ii) requirements. The Director will review the Tier 2 testing plan submitted by the applicant within 30 days of receipt. The Director may decline to approve the plan, or any part of it, if deficient in any manner with regard to timing, format or content. The Director shall apprise the applicant regarding what parts, if any, of the submitted testing procedures to disregard and any modifications to incorporate into the Tier 2 testing plan in order to gain plan approval. All testing procedures will be in compliance with the Good Laboratory Practices Standards (40 CFR part 160) except where they conflict with the regulations in this section or with a provision of an approved plan. The Director, or authorized representative, may elect to inspect the applicant's laboratory facilities and may decline to approve the plan and further consideration of the candidate shot if the facility does not meet the Good Laboratory Practices Standards. After the plan is accepted, Tier 2 testing will commence. Required analyses and reports, in accordance with the regulations in this section, must be sent to the Director. The applicant will ensure that copies of all the raw data and statistical analyses accompany the laboratory reports and final comprehensive report of this test.

(ii) Evaluation of the candidate shot or shot coating will first be in a standardized test under in vitro conditions (see paragraph be in a standardized test under in vitro conditions (see paragraph (b)(3)(ii)(A)) that will assess its erosion and any release of components into a liquid medium in an environment simulating in vivo conditions of a waterfowl gizzard. Erosion characteristics are to be compared with those of lead shot and steel shot of comparable size. Following the erosion rate testing, the applicant must conduct a 30-day acute toxicity test in mallards, and a test to determine the candidate shot and/or shot coating effects on selected invertebrates and fish and include the results in the report for the Director.

(A) In vitro erosion rate test. Conduct a standardized in vitro test to determine erosion rate of the candidate shot or shot coating using the guidelines in Kimball and Munir (1971), unless otherwise provided by the Service.

(1) Typical test materials: Atomic absorption spectrophotometer; Drilled aluminum block to support test tubes; Thermostatically controlled stirring hot plate; Small Teflon®-coated magnets; Hydrochloric acid (pH 2.0) and pepsin; Capped test tubes; and Lead, steel and candidate shot/coated shot.

(2) Typical test procedures. Add hydrochloric acid and pepsin to each capped test tube at a volume and concentration that will erode a single #4 lead shot at a rate of 5 mg/day. Place three test tubes, each containing either lead shot, steel shot or candidate shot and/or coated shot, in an aluminum block on the stirring hot plate. Add a Teflon® coated magnet to each test tube and set the hot plate at 42 degrees centigrade and 500 revolutions per minute. Determine the erosion of shot or coated shot daily for 14 consecutive days by weighing the shot and analyzing the digestion solution with an atomic absorption spectrophotometer. Replicate the 14-day procedure five times.

(3) Typical test analyses. Compare erosion rates of the three types of shot by appropriate analysis of variance and regression procedures. The statistical analysis will determine whether the rate of erosion of the shot and/or shot coating is significantly greater or less than that of lead and steel. This determination is important to any subsequent toxicity testing.

(B) Acute toxicity test—Tier 2 (Short-term, 30-day acute toxicity test using a commercially available duck food.). Over a 30-day period, conduct a short-term acute toxicity test that complies with the guidelines described as follows or as otherwise provided by the Service:

(1) Typical test materials: 30 male and 30 female hand-reared mallards approximately 6 to 8 months old (mallards must have plumage and body conformation that resemble wild mallards); 60 elevated outdoor pens equipped with feeders and waterers; Laboratory equipped to perform fluoroscopy, required blood and tissue assays, and necropsies; Commercial duck maintenance mash; and Lead, steel and candidate shot.

(2) Typical test procedures. House mallards individually in pens and give ad libitum access to food and water. After 3 weeks, randomly assign to 3 groups (10 males and 10 females/group), dose with eight pellets of either No. 4 lead shot (positive control), steel shot (negative control), or the candidate shot or coated shot. Fluoroscope birds at 1 week after dosage to check for shot retention. Observe birds daily for signs of intoxication and mortality over a 30-day period. Determine body weight at the time of dosing, and at days 15 and 30 of the test. On days 15 and 30, collect blood by venipuncture, determine hematocrit, hemoglobin concentration and other specified blood chemistries. Sacrifice all survivors on day 30. Remove the liver and other appropriate organs from the sacrificed birds and from birds that died prior to sacrifice on day 30 for histopathological analysis. Analyze the organs for lead and compounds contained in the candidate shot or coated shot. Necropsy all birds to determine any pathological conditions.

(3) Typical test analyses. Analyze mortality among the specified groups with appropriate chi-square statistical procedures. Analyze physiological data and tissue contaminant data by analysis of variance or other appropriate statistical procedures to include the factors of shot type and sex. Compare sacrificed birds and birds that died prior to sacrifice whenever sample sizes are adequate for meaningful comparison.

(C) Daphnid and fish early-life toxicity tests. Determine the toxicity of the compounds that comprise the shot or shot coating (at conditions maximizing solubility without adversely affecting controls) to selected invertebrates and fish. These methods are subject to the environmental effects test regulations developed under the authority of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), as follows:

(1) The first test, the Daphnid Acute Toxicity Test (conducted in accordance with 40 CFR 797.1300), is a guideline for use in developing data on the acute toxicity of chemical substances. This guideline prescribes an acute toxicity test in which Daphnid exposure to a chemical in static and flow-through systems, with the agencies assessing the hazard the compound(s) may present to an aquatic environment.

(2) The second test is the Daphnid Chronic Toxicity Test (conducted in accordance with 40 CFR 797.1330). This gathers data on the chronic toxicity of chemical substances in which Daphnids (Daphnia spp.) are exposed to a chemical in a renewal or flow-through system. The data from this test are again used to assess the hazard that the compound(s) may present to an aquatic environment.

(3) A third test, Fish Early Life Stage Toxicity Test (conducted in accordance with 40 CFR Section 797.1600), assesses the adverse effects of chemical substances to fish in the early stages of their growth and development. Data from this test are used to determine the hazard the compound(s) may present to an aquatic environment.

(iii) After the Tier 2 testing, the applicant will report the results to the Director. If, after review of the Tier 2 data, the Service determines that the information does not establish that the shot or shot coating does not impose a significant danger to migratory birds, other wildlife, and their habitats, the applicant is advised to proceed with the additional testing in Tier 3. A Notice of Review advises the public that, in conjunction with Tier 1 data, Tier 2 test results are inconclusive and Tier 3 testing is required for continued consideration.

(iv) If review of the Tier 2 test data results in a preliminary determination that the candidate shot or shot coating does not impose a significant danger to migratory birds, other wildlife, and their habitats, the Director will publish in the Federal Register a proposed rule stating the Service's intention to approve this shot and/or coating and why Tier 3 testing is unnecessary. The rulemaking will include a description of chemical composition of the shot or shot coating, and a synopsis of findings under the standards required at Tier 2. If, at the end of the comment period, the Service finds no technical or scientific basis upon which to deny approval, the candidate shot or shot coating approval is published as a final rule in the Federal Register. If, as a result of the comment period, the Service determines that the information does not establish that the shot and/or shot coating does not impose a significant danger to migratory birds, other wildlife, and their habitats, Tier 3 testing will be required and a Notice of Review published in the Federal Register. If the applicant chooses not to proceed, the determination denying approval of the candidate shot or shot coating will appear in the Federal Register.

(4) Tier 3. (i) If the Director determines that the Tier 1 or Tier 2 information is inconclusive, the Director will notify the applicant to submit a Tier 3 testing plan for conducting further testing as outlined in paragraphs (b)(4)(i) (A) and (B) of this section. Review, by the Director, of the Tier 3 testing plan submitted by the applicant will occur within 30 days of receipt. The Director may decline to approve the plan, or any part of it, if deficient in any manner with regard to timing, format or content. The Director shall apprise the applicant regarding what parts, if any, of the submitted testing procedure to disregard and any modifications to incorporate into the Tier 3 plan in order to gain plan approval. All testing procedures should be in compliance with the Good Laboratory Practices Standards (40 CFR part 160), except where they conflict with the regulations in this section or with a provision of an approved plan. The Director, or authorized representative, may elect to inspect the applicant's laboratory facilities and may decline to approve the plan and further consideration of the candidate shot and/or shot coating if the facility is not in compliance with the Good Laboratory Practices Standards. After acceptance of the plan, Tier 3 testing will commence. Required analyses and reports must be sent to the Director. The applicant will ensure that copies of all the raw data and statistical analyses accompany the laboratory reports and final comprehensive report of this test.

(A) Chronic toxicity test—Tier 3 (Long-term toxicity test under depressed temperature conditions using a nutritionally-deficient diet). Conduct a chronic exposure test under adverse conditions that complies with the general guidelines described as follows unless otherwise provided by the Service:

(1) Typical test materials: 36 male and 36 female hand-reared mallards approximately 6 to 8 months old (Mallards must have plumage and body conformation that resembles wild mallards); 72 elevated outdoor pens equipped with feeders and waterers; Laboratory equipped to perform fluoroscopy, required blood and tissue assays, and necropsies; Whole kernel corn; and Lead, steel, and candidate shot or coated shot.

(2) Typical test procedures. (i) Conduct this test at a location where the mean monthly low temperature during December through March is between 20 and 40 degrees Fahrenheit (−6.6 and 4.4 degrees centigrade, respectively). Assign individual mallards to elevated outdoor pens during the first week of December and acclimate to an ad libitum diet of whole kernel corn for 2 weeks. Randomly assign birds to 5 groups (lead group of 4 males and 4 females, 4 other groups of 8 males and 8 females/group). Dose the lead group (positive control) with one size No. 4 pellet of lead shot. Dose one group (8 males and 8 females) with eight size No. 4 pellets of steel shot (negative control) and dose the 3 other groups (8 males and 8 females/group) with one, four and eight size No. 4 pellets of candidate shot or coated shot.

(ii) Weigh and fluoroscope birds weekly. Weigh all recovered shot to measure erosion. Determine blood parameters given in the 30-day acute toxicity test. Provide body weight and blood parameter measurements on samples drawn at 24 hours after dosage and at the end of days 30 and 60. At the end of 60 days, sacrifice all survivors. Remove the liver and other appropriate organs from sacrificed birds and birds dying prior to sacrifice on day 60 for histopathological analysis. Analyze organs for lead and other metals potentially contained in the candidate shot or shot coating. Necropsy all birds that died prior to sacrifice to determine pathological conditions associated with death.

(3) Typical test analyses. Analyze mortality among the specified groups with appropriate chi-square statistical procedures. Any effects on the previously mentioned physiological parameters caused by the shot or shot coating must be significantly less than those caused by lead shot and must not be significantly greater than those caused by steel shot. Analyze physiological data and tissue contaminant data by analysis of variance or appropriate statistical procedures to include the factors of shot type, dose and sex. Compare sacrificed birds and birds that died prior to sacrifice whenever sample sizes are adequate for a meaningful comparison.

(B) Chronic dosage study—Tier 3 (Moderately long-term study that includes reproductive assessment). Conduct chronic exposure reproduction trial with the general guidelines described as follows unless otherwise provided by the Service:

(1) Typical test materials: 44 male and 44 female hand-reared first year mallards (Mallards must have plumage and body conformation that resemble wild mallards); Pens suitable for quarantine and acclimation and for reasonably holding 5-10 ducks each; 44 elevated, pens equipped with feeders, waterers and nest boxes; Laboratory equipped to perform fluoroscopy, required blood and tissue assays, and necropsies; Whole kernel corn, and commercial duck maintenance and breeder mash; and Lead, steel and candidate shot or coated shot.

(2) Typical test procedures. (i) Randomly assign mallards to 3 groups (Lead group = 4 males and 4 females; steel group = 20 males and 20 females; candidate shot/coated shot group = 20 males and 20 females) in December and hold in same-sex groups until mid-January (dates apply to outdoor test facility only and will reflect where in the U.S. tests are conducted). Tests conducted in the southern U.S. will need to be completed in low temperature units. After a 3-week acclimation period with ducks receiving commercial maintenance mash, provide birds with an ad libitum diet of corn for 60 days and then pair birds (one pair/pen) and provide commercial breeder mash. Dosing of the 3 groups with one pellet of No. 4 lead shot (positive control); eight pellets of No. 4 steel shot (negative control); and eight pellets of No. 4 candidate shot or coated shot will occur after the acclimation period (day 0) and redosed after 30, 60, and 90 days. Few, if any, of the lead-dosed birds (positive control) should survive and reproduce.

(ii) Fluoroscope birds 1 week after dosage to check for shot retention. Weigh males and females the day of initial dosing (day 0), at each subsequent dosing, and at death. Measure blood parameters identified in the 30-Day Acute Toxicity Test in this test using samples drawn at time of weighing. Note the date of first egg and the mean number of days per egg laid. Conclude laying after 21 normal, uncracked eggs are laid or after 150 days. Sacrifice adults after completion of laying period. Remove the liver and other appropriate organs from sacrificed birds and from other birds that died prior to sacrifice for histopathological analysis. Analyze organs and the 11th egg for compounds contained in the shot or shot coating. Necropsy all birds to determine any pathological conditions. Check nests daily to collect eggs. Discard any eggs laid before pairing. Artificially incubate eggs and calculate the percent shell thickness, percent eggs cracked, percent fertility (as determined by candling), and percent hatch of fertile eggs for each female. Provide ducklings with starter mash after hatching. Sacrifice all ducklings at 14 days of age. Measure survival to day 14 and weight of the ducklings at hatching and sacrifice. Measure blood parameters identified in the 30-Day Acute Toxicity Test using samples drawn at sacrificing.

(3) Typical test analyses. (i) Any mortality, reproductive inhibition or effects on the physiological parameters in paragraph (b)(4) by the shot or shot coating must not be significantly greater than those caused by steel shot. Percentage data is subject to an arcsine, square root transformation prior to statistical analyses. Physiological and reproductive data is analyzed by one-tailed t-tests (α=0.05), or other appropriate statistical procedures by the applicant.

(ii) After conclusion of Tier 3 testing, the applicant must report the results to the Director. If after review of the Tier 3 data (completion 60 days after receipt of material) the Service determines that all of the information gathered and submitted in accordance with Tiers 1, 2, and 3, as applicable, does not establish that the shot or shot coating does not impose a significant danger to migratory birds, other wildlife, and their habitats, the applicant will have the option of repeating the tests that the Director deems are inconclusive. If the applicant chooses not to repeat the tests, approval of the candidate shot or shot coating is denied. A Notice of Review will inform the public that Tier 3 results are inconclusive, the applicant's decision not to repeat Tier 3 testing, and the Service's subsequent denial of the shot or shot coating.

(iii) If review of either the initial or repeated Tier 3 test data results in a preliminary determination that the shot or shot coating does not impose a significant danger to migratory birds, other wildlife and their habitats, the Director will publish in the Federal Register a proposed rule stating the Service's intention to approve this shot or shot coating and providing the public with the opportunity to comment. The rulemaking will include a description of the chemical composition of the shot or shot coating and a synopsis of findings under the standards required by Tier 3. If at the end of the comment period, the Service concludes that the shot or shot coating does not impose a significant danger to migratory birds, other wildlife, or their habitats, the shot or shot coating will be approved as nontoxic with publication of a final rule in the Federal Register.

(5) Residual lead levels. The Service's maximum environmentally acceptable level of lead in shot is trace amounts or <1 percent. Any shot manufactured with lead levels equal to or exceeding 1 percent are considered toxic and, therefore, illegal.

(6) Field detection device. Before approval of any shot for use in migratory game bird hunting, a noninvasive field testing device must be available for enforcement officers to determine the shot material in a given shell in the field.

(Information collection requirements approved by the Office of Management and Budget under control no. 1018-0067) [51 FR 42100, Nov. 21, 1986, as amended at 62 FR 63611, Dec. 1, 1997]
Subpart M [Reserved] Subpart N—Special Procedures for Issuance of Annual Hunting Regulations Source:

46 FR 62079, Dec. 22, 1981, unless otherwise noted.

§ 20.151 Purpose and scope.

The rules of this subpart N apply to the issuance of the annual regulations establishing seasons, bag limits, and other requirements for the seasonal hunting of migratory birds. The rules of this subpart N do not apply to the issuance of regulations under part 21 of this title or under subparts A through J and L through M of this part 20.

§ 20.152 Definitions.

As used in this subpart N:

(a) Flyway Council means the Atlantic, Mississippi, Central, or Pacific Flyway Council;

(b) Regulations Committee means the Migratory Bird Regulations Committee of the Fish and Wildlife Service; and

(c) Significant, as used in reference to a communication or other form of information or data, means related to the merits of the regulation and received, utilized, or transmitted by an official of the Department who is or may reasonably be expected to be involved in the decisional process on the regulation.

§ 20.153 Regulations committee.

(a) Notice of meetings. Notice of each meeting of the Regulations Committee to be attended by any person outside the Department will be published in the Federal Register at least two weeks before the meeting. The notice will state the time, place, and general subject(s) of the meeting, as well as the extent of public involvement.

(b) Public observation and written comment. Each meeting of the Regulations Committee for which notice is published pursuant to paragraph (a) of this section will be open to the public for observation and the submission of written comments.

(c) Public participation. Except for the mid-summer meetings held in Washington, DC, in conjuction with the public hearing on waterfowl and other late season frameworks, the public may participate in any meeting of the Regulations Committee for which notice is published pursuant to paragraph (a) of this section through the submission of oral statements that comply with the rules stated in the notice.

(d) Minutes of meetings. Minutes will be made of each meeting of the Regulations Committee for which notice is published pursuant to paragraph (a) of this section.

§ 20.154 Flyway Councils.

(a) Notice of meetings. Notice of each meeting of a Flyway Council to be attended by any official of the Department will be published in the Federal Register at least two weeks before the meeting or as soon as practicable after the Department learns of the meeting. The notice will state the time, place, and general subject(s) of the meeting.

(b) [Reserved]

§ 20.155 Public file.

(a) Establishment. A public file will be established for each rulemaking to which this subpart N is applicable.

(b) Contents. Except for information exempt from disclosure under 5 U.S.C. 552, a public file established pursuant to paragraph (a) of this section will contain:

(1) The minutes of Regulations Committee meetings made pursuant to paragraph (d) of § 20.153;

(2) Any written comments and other significant written communications which occur after the notice of proposed rulemaking;

(3) Summaries, identifying the source, of any significant oral communications which occure after the notice of proposed rulemaking; and

(4) Copies of or references to any other significant data or information.

 Pt. 21 PART 21—MIGRATORY BIRD PERMITS Subpart A—Introduction Sec. 21.1 Purpose of regulations. 21.2 Scope of regulations. 21.3 Definitions. 21.4 Information collection requirements. Subpart B—General Requirements and Exceptions 21.11 General permit requirements. 21.12 General exceptions to permit requirements. 21.13 Permit exceptions for captive-reared mallard ducks. 21.14 Permit exceptions for captive-reared migratory waterfowl other than mallard ducks. Subpart C—Specific Permit Provisions 21.21 Import and export permits. 21.22 Banding or marking permits. 21.23 Scientific collecting permits. 21.24 Taxidermist permits. 21.25 Waterfowl sale and disposal permits. 21.26 Special Canada goose permit. 21.27 Special purpose permits. 21.28 Falconry permits. 21.29 Federal falconry standards. 21.30 Raptor propagation permits. Subpart D—Control of Depredating Birds 21.41 Depredation permits. 21.42 Authority to issue depredating orders to permit the killing of migratory game birds. 21.43 Depredation order for blackbirds, cowbirds, grackles, crows and magpies. 21.44 Depredation order for designated species of depredating birds in California. 21.45 Depredation order for depredating purple gallinules in Louisiana. 21.46 Depredation order for depredating scrub jays and Steller's jays in Washington and Oregon. 21.47 Depredation order for double-crested cormorants at aquaculture facilities. Subpart E—Control of Overabundant Migratory Bird Populations 21.60 Conservation order for mid-continent light geese. Authority:

Pub. L. 95-616; 92 Stat. 3112 (16 U.S.C. 712(2)); Pub. L. 106-108.

 Source:

39 FR 1178, Jan. 4, 1974, unless otherwise noted.

Subpart A—Introduction
§ 21.1 Purpose of regulations.

The regulations contained in this part supplement the general permit regulations of part 13 of this subchapter with respect to permits for the taking, possession, transporation, sale, purchase, barter, importation, exportation, and banding or marking of migratory birds. This part also provides certain exceptions to permit requirements for public, scientific, or educational institutions, and establishes depredation orders which provide limited exceptions to the Migratory Bird Treaty Act (16 U.S.C. 703-712).

[54 FR 38150, Sept. 14, 1989]
§ 21.2 Scope of regulations.

(a) Migratory birds, their parts, nests, or eggs, lawfully acquired prior to the effective date of Federal protection under the Migratory Bird Treaty Act (16 U.S.C. 703-712) may be possessed or transported without a permit, but may not be imported, exported, purchased, sold, bartered, or offered for purchase, sale or barter, and all shipments of such birds must be marked as provided by part 14 of this subchapter: Provide, no exemption from any statute or regulation shall accrue to any offspring of such migratory birds.

(b) This part 21, except for § 21.22 (banding or marking permits), does not apply to the bald eagle (Haliaeetus leucocephalus) or the golden eagle (Aquila chrysaetos) for which regulations are provided in part 22 of this subchapter.

(c) The provisions of this part are in addition to, and are not in lieu of other regulations of this subchapter B which may require a permit or prescribe additional restrictions or conditions for the importation, exportation, and interstate transportation of wildlife (see also part 13).

[39 FR 1178, Jan. 4, 1974, as amended at 46 FR 42680, Aug. 24, 1981]
§ 21.3 Definitions.

In addition to definitions contained in part 10 of this chapter, and unless the context requires otherwise, as used in this part:

Bred in captivity or captive-bred refers to raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity.

Captivity means that a live raptor is held in a controlled environment that is intensively manipulated by man for the purpose of producing raptors of selected species, and that has boundaries designed to prevent raptors, eggs or gametes of the selected species from entering or leaving the controlled environment. General characteristics of captivity may include, but are not limited to, artificial housing, waste removal, health care, protection from predators, and artificially supplied food.

Falconry means the sport of taking quarry by means of a trained raptor.

Raptor means a live migratory bird of the Order Falconiformes or the Order Strigiformes, other than a bald eagle (Haliaeetus leucocephalus) or a golden eagle (Aquila chrysaetos).

Resident Canada geese means Canada geese that nest within the conterminous United States and/or Canada geese which reside within the conterminous United States during the months of June, July, or August.

Service or we means the U.S. Fish and Wildlife Service, Department of the Interior.

[48 FR 31607, July 8, 1983, as amended at 64 FR 32774, June 17, 1999]
§ 21.4 Information collection requirements.

(a) The Office of Management and Budget approved the information collection requirements contained in this part 21 under 44 U.S.C. 3507 and assigned OMB Control Number 1018-0022. The Service may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. We are collecting this information to provide information necessary to evaluate permit applications. We will use this information to review permit applications and make decisions, according to criteria established in the Migratory Bird Treaty Act, 16 U.S.C. 703-712 and its regulations, on the issuance, suspension, revocation, or denial of permits. You must respond to obtain or retain a permit.

(b) We estimate the public reporting burden for these reporting requirements to vary from 15 minutes to 4 hours per response, with an average of 0.803 hours per response, including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments regarding the burden estimate or any other aspect of these reporting requirements to the Service Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC 20240, or the Office of Management and Budget, Paperwork Reduction Project (1018-0022), Washington, DC 20603.

[63 FR 52637, Oct. 1, 1998]
Subpart B—General Requirements and Exceptions
§ 21.11 General permit requirements.

No person shall take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase or barter, any migratory bird, or the parts, nests, or eggs of such bird except as may be permitted under the terms of a valid permit issued pursuant to the provisions of this part and part 13, or as permitted by regulations in this part or part 20 (the hunting regulations).

[54 FR 38151, Sept. 14, 1989]
§ 21.12 General exceptions to permit requirements.

The following exceptions to the permit requirement are allowed.

(a) Employees of the Department of the Interior authorized to enforce the provisions of the Migratory Bird Treaty Act of July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703-711), may, without a permit, take or otherwise acquire, hold in custody, transport, and dispose of migratory birds or their parts, nests, or eggs as necessary in performing their official duties.

(b) State game departments, municipal game farms or parks, and public museums, public zoological parks, accredited institutional members of the American Association of Zoological Parks and Aquariums (AAZPA) and public scientific or educational institutions may acquire by gift or purchase, possess, transport, and by gift or sale dispose of lawfully acquired migratory birds or their progeny, parts, nests, or eggs without a permit: Provided, That such birds may be acquired only from persons authorized by this paragraph or by a permit issued pursuant to this part to possess and dispose of such birds, or from Federal or State game authorities by the gift of seized, condemned, r sick or injured birds. Any such birds, acquired without a permit, and any progeny therefrom may be disposed of only to persons authorized by this paragraph to acquire such birds without a permit. Any person exercising a privilege granted by this paragraph must keep accurate records of such operations showing the species and number of birds acquired, possessed, and disposed of; the names and addresses of the persons from whom such birds were acquired or to whom such birds were donated or sold; and the dates of such transactions. Records shall be maintained or reproducible in English on a calendar year basis and shall be retained for a period of five (5) years following the end of the calendar year covered by the records.

[39 FR 1178, Jan. 4, 1974, as amended at 50 FR 8638, Mar. 4, 1985; 54 FR 38151, Sept. 14, 1989]
§ 21.13 Permit exceptions for captive-reared mallard ducks.

Captive-reared and properly marked mallard ducks, alive or dead, or their eggs may be acquired, possessed, sold, traded, donated, transported, and disposed of by any person without a permit, subject to the following conditions, restrictions, and requirements:

(a) Nothing in this section shall be construed to permit the taking of live mallard ducks or their eggs from the wild.

(b) All mallard ducks possessed in captivity, without a permit, shall have been physically marked by at least one of the following methods prior to 6 weeks of age and all such ducks hatched, reared, and retained in captivity thereafter shall be so marked prior to reaching 6 weeks of age.

(1) Removal of the hind toe from the right foot.

(2) Pinioning of a wing: Provided, That this method shall be the removal of the metacarpal bones of one wing or a portion of the metacarpal bones which renders the bird permanently incapable of flight.

(3) Banding of one metatarsus with a seamless metal band.

(4) Tattooing of a readily discernible number or letter or combination thereof on the web of one foot.

(c) When so marked, such live birds may be disposed of to, or acquired from, any person and possessed and transferred in any number at any time or place: Provided, That all such birds shall be physically marked prior to sale or disposal regardless of whether or not they have attained 6 weeks of age.

(d) When so marked, such live birds may be killed, in any number, at any time or place, by any means except shooting. Such birds may be killed by shooting only in accordance with all applicable hunting regulations governing the taking of mallard ducks from the wild: Provided, That such birds may be killed by shooting, in any number, at any time, within the confines of any premises operated as a shooting preserve under State license, permit, or authorization; or they may be shot, in any number, at any time or place, by any person for bona fide dog training or field trial purposes: Provided further, That the provisions:

(1) The hunting regulations (part 20 of this subchapter), with the exception of § 20.108 (Nontoxic shot zones), and

(2) The Migratory Bird Hunting Stamp Act (duck stamp requirement) shall not apply to shooting preserve operations as provided for in this paragraph, or to bona fide dog training or field trial operations.

(e) At all times during possession, transportation, and storage until the raw carcasses of such birds are finally processed immediately prior to cooking, smoking, or canning, the marked foot or wing must remain attached to each carcass: Provided, That persons, who operate game farms or shooting preserves under a State license, permit, or authorization for such activities, may remove the marked foot or wing when either the number of his State license, permit, or authorization has first been legibly stamped in ink on the back of each carcass and on the container in which each carcass is maintained, or each carcass is identified by a State band on leg or wing pursuant to requirements of his State license, permit, or authorization. When properly marked, such carcasses may be disposed of to, or acquired from, any person and possessed and transported in any number at any time or place.

[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 FR 36798, Sept. 5, 1989]
§ 21.14 Permit exceptions for captive-reared migratory waterfowl other than mallard ducks.

Any person may, without a permit, lawfully acquire captive-reared and properly marked migratory waterfowl of all species other than mallard ducks, alive or dead, or their eggs, and possess and transport such birds or eggs and any progeny or eggs therefrom solely for his own use subject to the following conditions and restrictions:

(a) Such birds, alive or dead, or their eggs may be lawfully acquired only from holders of valid waterfowl sale and disposal permits, unless lawfully acquired outside of the United States, except that properly marked carcasses of such birds may also be lawfully acquired as provided under paragraph (c) of this section.

(b) All progeny of such birds or eggs hatched, reared, and retained in captivity must be physically marked as defined in § 21.13(b).

(c) No such birds or eggs or any progeny or eggs thereof may be disposed of by any means, alive or dead, to any other person unless a waterfowl sale and disposal permit has first been secured authorizing such disposal: Provided, That bona fide clubs, hotels, restaurants, boarding houses, and dealers in meat and game may serve or sell to their customers the carcass of any such birds which they have acquired from the holder of a valid waterfowl sale and disposal permit.

(d) Lawfully possessed and properly marked birds may be killed, in any number, at any time or place, by any means except shooting. Such birds may be killed by shooting only in accordance with all applicable hunting regulations governing the taking of like species from the wild. (See part 20 of this subchapter.)

(e) At all times during possession, transportation, and storage until the raw carcasses of such birds are finally processed immediately prior to cooking, smoking, or canning, the marked foot or wing must remain attached to each carcass, unless such carcasses were marked as provided in § 21.25(c)(4) and the foot or wing removed prior to acquisition.

(f) When any such birds, alive or dead, or their eggs are acquired from a waterfowl sale and disposal permittee, the permittee shall furnish a copy of Form 3-186, Notice of Waterfowl Sale or Transfer, indicating all information required by the form and the method or methods by which individual birds are marked as required by § 21.25(c)(2). The buyer shall retain the Form 3-186 on file for the duration of his possession of such birds or eggs or progeny or eggs thereof.

[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981]
Subpart C—Specific Permit Provisions
§ 21.21 Import and export permits.

(a) Permit requirement. (1) Except for migratory game birds imported in accordance with the provisions of subpart G of part 20 of this subchapter B, an import permit is required before any migratory birds, their parts, nests, or eggs may be imported.

(2) An export permit is required before any migratory birds, their parts, nests, or eggs may be exported: Provided, that captive-reared migratory game birds that are marked in compliance with the provisions of § 21.13(b) may be exported to Canada or Mexico without a permit. Provided further, that raptors lawfully possessed under a falconry permit issued pursuant to § 21.28 of this part may be exported to or imported from Canada or Mexico without a permit for the purposes of attending bona fide falconry meets, as long as the person importing or exporting the birds returns the same bird(s) to the country of export following any such meet. Nothing in this paragraph, however, exempts any person from the permit requirements of parts 17, 22, and 23 of this subchapter.

(b) Application procedures. Applications for permits to import or export migratory birds shall be submitted to the appropriate issuing office (see §§ 10.22 and 13.11(b) of this subchapter). Each such application must contain the general information and certification required by § 13.12(a)(5) of this subchapter plus the following additional information:

(1) Whether importation or exportation is requested;

(2) The species and numbers of migratory birds or their parts, nests, or eggs to be imported or exported;

(3) The name and address of the person from whom such birds are being imported or to whom they are being exported;

(4) The purpose of the importation or exportation;

(5) The estimated date of arrival or departure of the shipment(s), and the port of entry or exit through which the shipment will be imported or exported; and

(6) Federal and State permit numbers and type of permits authorizing possession, acquisition, or disposition of such birds, their parts, nests, or eggs where such a permit is required.

(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, import and export permits shall be subject to any requirements set forth in the permit.

(d) Term of permit. An import or export permit issued or renewed under this part expires on the date designated on the face of the permit unless amended or revoked, but the term of the permit shall not exceed three (3) years from the date of issuance or renewal.

[54 FR 38151, Sept. 14, 1989]
§ 21.22 Banding or marking permits.

(a) Permit requirement. A banding or marking permit is required before any person may capture migratory birds for banding or marking purposes or use official bands issued by the Service for banding or marking any migratory bird.

(b) Application procedures. Applications for banding or marking permits shall be submitted by letter of application addressed to the Bird Banding Laboratory, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, Laurel, Maryland 20708. Each such application shall contain the general information and certification set forth by § 13.12(a) of this subchapter plus the following additional information:

(1) Species and numbers proposed to be banded or marked;

(2) Purpose of banding or marking;

(3) State or States in which authorization is requested; and

(4) Name and address of the public, scientific, or educational institution to which any specimens will be donated that are salvaged pursuant to paragraphs (c) (3) and (4) of this section.

(c) Additional permit conditions. Inaddition to the general conditions set forth in part 13 of this subchapter B, banding or marking permits shall be subject to the following conditions:

(1) The banding of migratory birds shall only be by official numbered leg bands issued by the Service. The use of any other band, clip, dye, or other method of marking is prohibited unless specifically authorized in the permit.

(2) All traps or nets used to capture migratory birds for banding or marking purposes shall have attached thereto a tag or label clearly showing the name and address of the permittee and his permit number, or the area in which such traps or nets are located must be posted with notice of banding operations posters (Form 3-1155, available upon request from the Bird Banding Laboratory, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, Laurel, Md. 20708) which shall bear the name and address of the permittee and the number of his permit.

(3) The holder of a banding or marking permit may salvage, for the purpose of donating to a public scientific or educational institution, birds killed or found dead as a result of the permittee's normal banding operations, and casualties from other causes. All dead birds salvaged under authority of a migratory bird banding or marking permit must be donated and transferred to a public scientific or educational institution at least every 6 months or within 60 days of the time such permit expires or is revoked, unless the permittee has been issued a special permit authorizing possession for a longer period of time.

(4) Permittees must keep accurate records of their operations and file reports as set forth in the North American Bird Banding Manual, or supplements thereto, in accordance with instructions contained therein.

(d) Term of permit. A banding or marking permit issued or renewed under this part expires on the date designated on the face of the permit unless amended or revoked, but the term of the permit shall not exceed three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989]
§ 21.23 Scientific collecting permits.

(a) Permit requirement. A scientific collecting permit is required before any person may take, transport, or possess migratory birds, their parts, nests, or eggs for scientific research or educational purposes.

(b) Application procedures. Submit applications for scientific permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:

(1) Species and numbers of migratory birds or their parts, nests, or eggs to be taken or acquired when it is possible to determine same in advance;

(2) Location or locations where such scientific collecting is proposed;

(3) Statement of the purpose and justification for granting such a permit, including an outline of any research project involved;

(4) Name and address of the public, scientific, or educational institution to which all specimens ultimately will be donated; and

(5) If a State permit is required by State law, a statement as to whether or not the applicant possesses such State permit, giving its number and expiration date.

(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, scientific collecting permits shall be subject to the following conditions:

(1) All specimens taken and possessed under authority of a scientific collecting permit must be donated and transferred to the public scientific, or educational institution designated in the permit application within 60 days following the date such permit expires or is revoked, unless the permittee has been issued a special purpose permit (See § 21.27) authorizing possession for a longer period of time.

(2) Unless otherwise provided on the permit, all migratory game birds taken pursuant to a scientific collecting permit during the open hunting season for such birds must be in conformance with part 20 of this subchapter;

(3) Unless specifically stated on the permit, a scientific collecting permit does not authorize the taking of live migratory birds from the wild.

(4) In addition to any reporting requirement set forth in the permit, a report of the scientific collecting activities conducted under authority of such permit shall be submitted to the issuing officer on or before January 10 of each calendar year following the year of issue unless a different date is stated in the permit.

(d) Term of permit. A scientific collecting permit issued or renewed under this part expires on the date designated on the face of the permit unless amended or revoked, but the term of the permit shall not exceed three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]
§ 21.24 Taxidermist permits.

(a) Permit requirement. A taxidermist permit is required before any person may perform taxidermy services on migratory birds or their parts, nests, or eggs for any person other than himself.

(b) Application procedures. Submit application for taxidermist permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:

(1) The address of premises where taxidermist services will be provided;

(2) A statement of the applicant's qualifications and experience as a taxidermist; and

(3) If a State permit is required by State law, a statement as to whether or not the applicant possesses such State permit, giving its number and expiration date.

(c) Permit authorizations. A permit authorizes a taxidermist to:

(1) Receive, transport, hold in custody or possession, mount or otherwise prepare, migratory birds, and their parts, nests, or eggs, and return them to another.

(2) Sell properly marked, captive reared migratory waterfowl which he has lawfully acquired and mounted. Such mounted birds may be placed on consignment for sale and may be possessed by such consignee for the purpose of sale.

(d) Additional permit conditions. Inaddition to the general conditions set forth in part 13 of this subchapter B, taxidermist permits shall be subject to the following conditions:

(1) Permittees must keep accurate records of operations, on a calendar year basis, showing the names and addresses of persons from and to whom migratory birds or their parts, nests, or eggs were received or delivered, the number and species of such, and the dates of receipt and delivery. In addition to the other records required by this paragraph, the permittee must maintain in his files, the original of the completed Form 3-186, Notice of Waterfowl Sale or Transfer, confirming his acquisition of captive reared, properly marked migratory waterfowl from the holder of a current waterfowl sale and disposal permit.

(2) Notwithstanding the provisions of paragraph (c) of this section, the receipt, possession, and storage by a taxidermist of any migratory game birds taken by another by hunting is not authorized unless they are tagged as required by § 20.36 of this subchapter. The required tags may be removed during the taxidermy operations but must be retained by the taxidermist with the other records required to be kept and must be reattached to the mounted specimen after mounting. The tag must then remain attached until the mounted specimen is delivered to the owner.

(e) Term of permit. A taxidermist permit issued or renewed under this part expires on the date designated on the face of the permit unless amended or revoked, but the term of the permit shall not exceed three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]
§ 21.25 Waterfowl sale and disposal permits.

(a) Permit requirement. A waterfowl sale and disposal permit is required before any person may lawfully sell, trade, donate, or otherwise dispose of, to another person, any species of captive-reared and properly marked migratory waterfowl or their eggs, except that such a permit is not required for such sales or disposals of captive-reared and properly marked mallard ducks or their eggs.

(b) Application procedures. Submit application for waterfowl sale and disposal permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:

(1) A description of the area where waterfowl are to be kept;

(2) Species and numbers of waterfowl now in possession and a statement showing from whom these were obtained;

(3) A statement indicating the method by which individual birds are marked as required by the provisions of this part 21; and

(4) If a State permit is required by State law, a statement as to whether or not the applicant possesses such State permit, giving its number and expiration date.

(c) Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, waterfowl sale and disposal permits shall be subject to the following conditions:

(1) Permittees may not take migratory waterfowl or their eggs from the wild, and may not acquire such birds or their eggs from any person not authorized by a valid permit issued pursuant to this part to dispose of such birds or their eggs.

(2) All live migratory waterfowl possessed in captivity under authority of a valid waterfowl sale and disposal permit shall have been, prior to 6 weeks of age, physically marked as defined in § 21.13(b). All offspring of such birds hatched, reared, and retained in captivity shall be so marked prior to attaining 6 weeks of age. The preceding does not apply to captive adult geese, swans, and brant which were marked previous to March 1, 1967, by a “V” notch in the web of one foot, nor to such birds held in captivity at public zoological parks, and public scientific or educational institutions.

(3) Such properly marked birds may be killed, in any number, at any time or place, by any means except shooting. Such birds may be killed by shooting only in accordance with all the applicable hunting regulations governing the taking of like species from the wild.

(4) At all times during possession, transportation, and storage until the raw carcasses of such birds are finally processed immediately prior to cooking, smoking, or canning, the marked foot or wing must remain attached to each carcass: Provided, That permittees who are also authorized to sell game under a State license, permit or authorization may remove the marked foot or wing from the raw carcasses if the number of his State license, permit, or authorization has first been legibly stamped in ink on the back of each carcass and on the wrapping or container in which each carcass is maintained, or each carcass is identified by a State band on leg or wing pursuant to requirements of his State license, permit, or authorization.

(5) Such properly marked birds, alive or dead, or their eggs may be disposed of in any number, at any time or place, to any person: Provided, That all such birds shall be physically marked prior to sale or disposal regardless of whether or not they have attained 6 weeks of age: And provided further, That on each date that any such birds or their eggs, are transferred to another person, the permittee must complete a Form 3-186, Notice of Waterfowl Sale or Transfer, indicating all information required by the form and the method or methods by which individual birds are marked as required by § 21.25(c)(2). (Service will provide supplies of form.) The permittee will furnish the original of completed Form 3-186 to the person acquiring the birds or eggs; retain one copy in his files as a record of his operations: attach one copy to the shipping container for the birds or eggs, or include the copy in shipping documents which accompany the shipment; and, on or before the last day of each month, mail two copies of each form completed during that month to the office of the Fish and Wildlife Service which issued his permit.

(6) Permittees shall submit an annual report within 10 days following the 31st day of December of each calendar year to the office of the Fish and Wildlife Service which issued the permit. The information provided shall give the total number of waterfowl by species in possession on that date and the method or methods by which individual birds are marked as required by the provisions of this part 21.

(d) Term of permit. A waterfowl sale and disposal permit issued or renewed under this part expires on the date designated on the face of the permit unless amended or revoked, but the term of the permit shall not exceed three (3) years from the date of issuance or renewal.

[40 FR 28460, July 7, 1975, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]
§ 21.26 Special Canada goose permit.

(a) What is the special Canada goose permit and what is its purpose? The special Canada goose permit is a permit issued by us to a State wildlife agency authorizing certain resident Canada goose management and control activities that are normally prohibited. We will only issue such a permit when it will contribute to human health and safety, protect personal property, or allow resolution or prevention of injury to people or property. The management and control activities conducted under the permit are intended to relieve or prevent injurious situations only. No person should construe the permit as opening, reopening, or extending any hunting season contrary to any regulations established under Section 3 of the Migratory Bird Treaty Act.

(b) Who may receive a permit? Only State wildlife agencies (State) are eligible to receive a permit to undertake the various goose management and control activities. Additionally, only employees or designated agents of a permitted State wildlife agency may undertake activities for injurious resident Canada geese in accordance with the conditions specified in the permit, conditions contained in 50 CFR part 13, and conditions specified in paragraph (d) of this section.

(c) How does a State apply for a permit? Any State wildlife agency wishing to obtain a permit must submit an application to the appropriate Regional Director (see § 13.11(b) of this subchapter) containing the general information and certification required by § 13.12(a) of this subchapter plus the following information:

(1) A detailed statement showing that the goose management and control activities will either provide for human health and safety, protect personal property, or allow resolution of other injury to people or property;

(2) An estimate of the size of the resident Canada goose breeding population in the State;

(3) The requested annual take of resident Canada geese, including eggs and nests;

(4) A statement indicating that the State will inform and brief all employees and designated agents of the requirements of these regulations and permit conditions.

(d) What are the conditions of the permit? The special Canada goose permits are subject to the general conditions in 50 CFR part 13, the conditions elsewhere in this section, and, unless otherwise specifically authorized on the permit, the conditions outlined below:

(1) What are the limitations on management and control activities? (i) Take of resident Canada geese as a management tool under this section may not exceed the number authorized by the permit. States should utilize non-lethal goose management tools to the extent they deem appropriate in an effort to minimize lethal take.

(ii) Methods of take for the control of injurious resident Canada geese are at the State's discretion. Methods include, but are not limited to, firearms, alpha-chloralose, traps, egg and nest manipulation and other damage control techniques consistent with accepted wildlife damage-management programs.

(2) When may a State conduct management and control activities? States and their employees and agents may conduct management and control activities, including the take of resident Canada geese, under this section between March 11 and August 31. In California, Oregon and Washington, in areas where the threatened Aleutian Canada goose (B. c. leucoperia) has been present during the previous 10 years, lethal control activities are restricted to May 1 through August 31, inclusive.

(3) How must the States dispose or utilize geese taken under this permit? States and their employees and agents may possess, transport, and otherwise dispose of Canada geese taken under this section. States must utilize such birds by donation to public museums or public institutions for scientific or educational purposes, by processing them for human consumption and distributing them free of charge to charitable organizations, or by burying or incinerating them. States, their employees, and designated agents may not sell, offer for sale, barter, or ship for the purpose of sale or barter any Canada geese taken under this section, nor their plumage or eggs.

(4) How does the permit relate to existing State law? No person conducting management and control activities under this section should construe the permit to authorize the killing of injurious resident Canada geese contrary to any State law or regulation, nor on any Federal land without specific authorization by the responsible management agency. No person may exercise the privileges granted under this section unless they possess any permits required for such activities by any State or Federal land manager.

(5) When conducting management and control activities, are there any special inspection requirements? Any State employee or designated agent authorized to carry out management and control activities must have a copy of the permit and designation in their possession when carrying out any activities. The State must also require the property owner or occupant on whose premises the State is conducting activities to allow, at all reasonable times, including during actual operations, free and unrestricted access to any Service special agent or refuge officer, State wildlife or deputy wildlife agent, warden, protector, or other wildlife law enforcement officer (wildlife officer) on the premises where they are, or were, conducting activities. Furthermore, any State employee or designated agent conducting such activities must promptly furnish whatever information is required concerning such activities to any such wildlife officer.

(6) What are the reporting requirements of the permit? Any State employee or designated agent exercising the privileges granted by this section must keep records of all activities carried out under the authority of this permit, including the number of Canada geese killed and their disposition. The State must submit an annual report detailing activities, including the time, numbers and location of birds, eggs, and nests taken and non-lethal techniques utilized, before December 31 of each year. The State should submit the annual report to the appropriate Assistant Regional Director—Refuges and Wildlife (see § 10.22 of this subchapter).

(7) What are the limitations of the special permit? The following limitations apply:

(i) Nothing in this section applies to any Federal land within a State's boundaries without written permission of the Federal Agency with jurisdiction.

(ii) States may not undertake any actions under any permit issued under this section if the activities adversely affect other migratory birds or species designated as endangered or threatened under the authority of the Endangered Species Act.

(iii) We will only issue permits to State wildlife agencies in the conterminous United States.

(iv) States may designate agents who must operate under the conditions of the permit.

(v) How long is the special permit valid? A special Canada goose permit issued or renewed under this section expires on the date designated on the face of the permit unless it is amended or revoked or such time that we determine that the State's population of resident Canada geese no longer poses a threat to human health or safety, personal property, or injury to other interests. In all cases, the term of the permit may not exceed five (5) years from the date of issuance or renewal.

(vi) Can we revoke the special permit? We reserve the right to suspend or revoke any permit, as specified in §§ 13.27 and 13.28 of this subchapter.

(e) What are the OMB information collection requirements of the permit program? OMB has approved the information collection requirements of the permit and assigned clearance number 1018-0099. Federal agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. We will use the information collection requirements to administer this program and in the issuance and monitoring of these special permits. We will require the information from State wildlife agencies responsible for migratory bird management in order to obtain a special Canada goose permit, and to determine if the applicant meets all the permit issuance criteria, and to protect migratory birds. We estimate the public reporting burden for this collection of information to average 8 hours per response for 45 respondents (States), including the time for reviewing instructions, gathering and maintaining data needed, and completing and reviewing the collection of information. Thus, we estimate the total annual reporting and record-keeping for this collection to be 360 hours. States may send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Service Information Collection Clearance Officer, Fish and Wildlife Service, ms 224-ARLSQ, 1849 C Street N.W., Washington, DC 20240, or the Office of Management and Budget, Paperwork Reduction Project 1018-0099, Washington, DC 20503.

[64 FR 32774, June 17, 1999]
§ 21.27 Special purpose permits.

Permits may be issued for special purpose activities related to migratory birds, their parts, nests, or eggs, which are otherwise outside the scope of the standard form permits of this part. A special purpose permit for migratory bird related activities not otherwise provided for in this part may be issued to an applicant who submits a written application containing the general information and certification required by part 13 and makes a sufficient showing of benefit to the migratory bird resource, important research reasons, reasons of human concern for individual birds, or other compelling justification.

(a) Permit requirement. A special purpose permit is required before any person may lawfully take, salvage, otherwise acquire, transport, or possess migratory birds, their parts, nests, or eggs for any purpose not covered by the standard form permits of this part. In addition, a special purpose permit is required before any person may sell, purchase, or barter captive-bred, migratory game birds, other than waterfowl, that are marked in compliance with § 21.13(b) of this part.

(b) Application procedures. Submit application for special purpose permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:

(1) A detailed statement describing the project or activity which requires issuance of a permit, purpose of such project or activity, and a delineation of the area in which it will be conducted. (Copies of supporting documents, research proposals, and any necessary State permits should accompany the application);

(2) Numbers and species of migratory birds involved where same can reasonably be determined in advance; and

(3) Statement of disposition which will be made of migratory birds involved in the permit activity.

(c) Additional permit conditions. Inaddition to the general conditions set forth in part 13 of this subchapter B, special purpose permits shall be subject to the following conditions:

(1) Permittees shall maintain adequate records describing the conduct of the permitted activity, the numbers and species of migratory birds acquired and disposed of under the permit, and inventorying and identifying all migratory birds held on December 31 of each calendar year. Records shall be maintained at the address listed on the permit; shall be in, or reproducible in English; and shall be available for inspection by Service personnel during regular business hours. A permittee may be required by the conditions of the permit to file with the issuing office an annual report of operation. Annual reports, if required, shall be filed no later than January 31 of the calendar year followng the year for which the report is required. Reports, if required, shall describe permitted activities, numbers and species of migratory birds acquired and disposed of, and shall inventory and describe all migratory birds possessed under the special purpose permit on December 31 of the reporting year.

(2) Permittees shall make such other reports as may be requested by the issuing officer.

(3) All live, captive-bred, migratory game birds possessed under authority of a valid special purpose permit shall be physically marked as defined in § 21.13(b) of this part.

(4) No captive-bred migratory game bird may be sold or bartered unless marked in accordance with § 21.13(b) of this part.

(5) No permittee may take, purchase, receive or otherwise acquire, sell, barter, transfer, or otherwise dispose of any captive-bred migratory game bird unless such permittee submits a Service form 3-186A (Migratory Bird Acquisition/Disposition Report), completed in accordance with the instructions on the form, to the issuing office within five (5) days of such transaction.

(6) No permittee, who is authorized to sell or barter migratory game birds pursuant to a permit issued under this section, may sell or barter such birds to any person unless that person is authorized to purchase and possess such migratory game birds under a permit issued pursuant to this part and part 13, or as permitted by regulations in this part.

(d) Term of permit. A special purpose permit issued or renewed under this part expires on the date designated on the face of the permit unless amended or revoked, but the term of the permit shall not exceed three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]
§ 21.28 Falconry permits.

(a) Permit requirements. A falconry permit is required before any person may take, possess, transport, sell, purchase, barter, offer to sell, purchase, or barter raptors for falconry purposes.

(b) Application procedures. (1) An applicant who wishes to practice falconry in a State listed in § 21.29(k) of this part and which has been designated as a participant in a cooperative Federal/State permit application program may submit an application for a falconry permit to the appropriate agency of that State. Each such application must incorporate a completed official form approved by the Service and must include in addition to the general information required by part 13 of this subchapter all of the following:

(i) The number of raptors the applicant possesses at the time the application is submitted, including the species, age (if known), sex (if known), date of acquisition, and source of each;

(ii) A check or money order made payable to “U.S. Fish and Wildlife Service” in the amount of the application fee listed in § 13.11(d) of this subchapter.

(iii) An original, signed certification concerning the validity of the information provided in the application in the form set forth in § 13.12(a)(5).

(iv) Any additional information requested by the State to which the application is submitted.

(2) Upon receipt of a joint application by a State listed in § 21.29(k) as a participant in a cooperative Federal/State permit application program, the State will process the application for a State falconry permit in accordance with its own procedures. A copy of the application, the check or money order for Federal permit fees, and the original, signed certification required by paragraph (b)(1)(iii) of this section will be forwarded to the issuing office of the Service designated by § 13.11(b) of this subchapter. If the State decides to issue a falconry permit based upon the application, a copy of the permit will also be forwarded to the appropriate issuing office of the Service.

(3) An applicant who wishes to practice falconry in a State listed in § 21.29(k) of this subchapter, but which does not participate in a cooperative Federal/State permit application program must submit a written application for a falconry permit to the issuing office designated by § 13.11(b) of this subchapter. Each application must contain the general information and certification required by § 13.12(a) of this subchapter plus a copy of a valid State falconry permit issued to the applicant by a State listed in § 21.19(k) of this subchapter.

(c) Issuance criteria. Upon receiving an application completed in accordance with paragraph (b) of this section that meets all requirements of this part, the Director will issue a permit. In addition to meeting the general criteria in § 13.21(b), the applicant must have a valid State falconry permit issued by a State listed in § 21.29(k) of this subchapter.

(d) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every permit issued under this section shall be subject to the following special conditions:

(1) A permittee may not take, transport, or possess a golden eagle (Aquila chrysaetos) unless authorized in writing under § 22.24 of this subchapter.

(2) A permit issued under this section is not valid unless the permittee has a valid State falconry permit issued by a State listed in § 21.29(k) of this subchapter.

(3) A permittee may not take, possess, transport, sell, purchase, barter, or transfer any raptor for falconry purposes except under authority of a Federal falconry permit issued under this section and in compliance with the Federal falconry standards set forth in § 21.29 of this subchapter.

(4) No permittee may take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless such permittee submits a form 3-186A (Migratory Bird Acquisition/Disposition Report), completed in accordance with the instructions on the form, to the issuing office within five (5) calendar days of any such transaction.

(5) No raptor may be possessed under authority of a falconry permit unless the permittee has a properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) for each bird possessed, except as provided in paragraph (d)(4) of this section.

(6) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee for maintenance and care for a period not to exceed thirty (30) days. The raptor must be accompanied at all times by a properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the person caring for the raptor as the possessor of record and by a signed, dated statement from the permittee authorizing the temporary possession.

(7) A permittee may not take, possess, or transport any peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus) unless such bird is banded either by a seamless numbered band provided by the Service or by a permanent, non-reusable band provided by the Service.

(i) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus) taken from the wild must be reported to the issuing office within five (5) days of taking and must be banded with a permanent, non-reusable band provided by the Service. No raptor removed from the wild may be banded with a seamless numbered band.

(ii) The loss or removal of any band must be reported to the issuing office within five (5) working days of the loss. The lost band must be replaced by a permanent, non-reusable band supplied by the Service. A form 3-186A (Migratory Bird Acquisition/Disposition Report) must be filed in accordance with paragraph (d)(4) of this section reporting the loss of the band and rebanding.

(8) A permittee may not sell, purchase, barter, or offer to sell, purchase or barter any raptor unless the raptor is marked on the metatarsus by a seamless, numbered band supplied by the Service.

(9) A permittee may not propagate raptors without prior acquisition of a valid raptor propagation permit issued under section 21.30 of this subchapter.

(e) Term of permit. A falconry permit issued or renewed under this part expires on the date designated on the face of the permit unless amended or revoked, but the term of the permit shall not exceed three (3) years from the date of issuance or renewal.

[54 FR 38152, Sept. 14, 1989]
§ 21.29 Federal falconry standards.

(a) Before you can practice falconry in any State. You cannot take, possess, transport, sell, purchase, barter, or offer to sell, purchase, or barter any raptor for falconry purposes, in any State unless the State allows the practice of falconry, and the State has submitted copies of its laws and regulations governing the practice of falconry to us (Director), and we have determined that they meet or exceed the Federal falconry standards established in this section. If you are a Federal falconry permittee, you can possess and transport for falconry purposes a lawfully possessed raptor through States that do not allow falconry or meet Federal falconry standards so long as the raptors remain in transit in interstate commerce. The States that are in compliance with Federal falconry standards are listed in paragraph (k) of this section.

(b) More restrictive State laws. Nothing in this section shall be construed to prevent a State from making and enforcing laws or regulations not inconsistent with the standards contained in any convention between the United States and any foreign country for the protection of raptors or with the Migratory Bird Treaty Act, and which shall give further protection to raptors.

(c) What is the process for Federal approval of a State program? Any State that wishes to allow the practice of falconry must submit to the Director of the Service a copy of the laws and regulations that govern the practice of falconry in the State. If we determine that they meet or exceed the Federal standards, which are established by this section, we will publish a notice in the Federal Register adding the State to the list of approved States in paragraph (k) of this section. Any State that was listed in paragraph (k) prior to September 14, 1989, is considered to be in compliance with our standards.

(d) Permit. State laws or regulations shall provide that a valid State falconry permit from either that State or another State meeting Federal falconry standards and listed in paragraph (k) of this section is required before any person may take, possess, or transport a raptor for falconry purposes or practice falconry in that State.

(e) Classes of permits. States may have any number of classes of falconry permits provided the standards are not less restrictive than the following:

(1) Apprentice (or equivalent) class. (i) Permittee shall be at least 14 years old;

(ii) A sponsor who is a holder of a General or Master Falconry Permit or equivalent class is required for the first two years in which an apprentice permit is held, regardless of the age of the permittee. A sponsor may not have more than three apprentices at any one time;

(iii) Permittee shall not possess more than one raptor and may not obtain more than one raptor for replacement during any 12-month period; and

(iv) Permittee shall possess only the following raptors which must be taken from the wild: an American kestrel (Falco sparverius), a red-tailed hawk (Buteo jamaicensis), a red-shouldered hawk (Buteo lineatus), or, in Alaska only, a goshawk (Accipiter gentilis).

(2) General (or equivalent) class. (i) A permittee shall be at least 18 years old;

(ii) A permittee shall have at least two years experience in the practice of falconry at the apprentice level or its equivalent;

(iii) A permittee may not possess more than two raptors and may not obtain more than two raptors for replacement birds during any 12-month period; and

(iv) A permittee may not take, transport, or possess any golden eagle or any species listed as threatened or endangered in part 17 of this subchapter.

(3) Master (or equivalent) class. (i) An applicant shall have at least five years experience in the practice of falconry at the general class level or its equivalent.

(ii) A permittee may not possess more than three raptors and may not obtain more than two raptors taken from the wild for replacement birds during any 12-month period;

(iii) A permittee may not take any species listed as endangered in part 17 of this chapter, but may transport or possess such species in accordance with part 17 of this chapter.

(iv) A permittee may not take, transport, or possess any golden eagle for falconry purposes unless authorized in writing under § 22.24 of this subchapter;

(v) A permittee may not take, in any twelve (12) month period, as part of the three-bird limitation, more than one raptor listed as threatened in part 17 of this chapter, and then only in accordance with part 17 of this chapter.

(f) Examination. State laws or regulations shall provide that before any State falconry permit is issued the applicant shall be required to answer correctly at least 80 percent of the questions on a supervised examination provided or approved by the Service and administered by the State, relating to basic biology, care, and handling of raptors, literature, laws, regulations or other appropriate subject matter.

(g) Facilities and equipment. Statelaws or regulations shall provide that before a State falconry permit is issued the applicant's raptor housing facilities and falconry equipment shall be inspected and certified by a representative of the State wildlife department as meeting the following standards:

(1) Facilities. The primary consideration for raptor housing facilities whether indoors (mews) or outdoors (weathering area) is protection from the environment, predators, or undue disturbance. The applicant shall have the following facilities, except that depending upon climatic conditions, the issuing authority may require only one of the facilities described below.

(i) Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility. If more than one raptor is to be kept in the mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body, and a secure door that can be easily closed. The floor of the mews shall permit easy cleaning and shall be well drained. Adequate perches shall be provided.

(ii) Outdoor facilities (weathering area) shall be fenced and covered with netting or wire, or roofed to protect the birds from disturbance and attack by predators except that perches more than 61/2 feet high need not be covered or roofed. The enclosed area shall be large enough to insure the birds cannotstrike the fence when flying from the perch. Protection from excessive sun, wind, and inclement weather shall be provided for each bird. Adequate perches shall be provided.

(2) Equipment. The following items shall be in the possession of the applicant before he can obtain a permit or license:

(i) Jesses—At least 1 pair of Alymeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. (Traditional 1-piece jesses may be used on raptors when not being flown.);

(ii) Leashes and swivels—At least 1 flexible, weather-resistant leash and 1 strong swivel of acceptable falconry design;

(iii) Bath container—At least 1 suitable container, 2 to 6 inches deep and wider than the length of the raptor, for drinking and bathing for each raptor;

(iv) Outdoor perches—At least 1 weathering area perch of an acceptable design shall be provided for each raptor; and

(v) Weighing device—A reliable scale or balance suitable for weighing the raptor(s) held and graduated to increments of not more than 1/2 ounce (15 gram) shall be provided.

(3) Maintenance. All facilities and equipment shall be kept at or above the preceding standards at all times.

(4) Transportation; temporary holding. A raptor may be transported or held in temporary facilities which shall be provided with an adequate perch and protected from extreme temperatures and excessive disturbance, for a period not to exceed 30 days.

(h) Marking. All peregrine falcons (Falco peregrinus), gyrfalcon (Falco rusticolus), and Harris hawk (Parabuteo unicinctus) possessed for falconry purposes must be marked in accordance with the following provisions:

(1) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus), except a captive bred raptor lawfully marked by a numbered, seamless band issued by the Service, must be banded with a permanent, non-reusable, numbered band issued by the Service.

(2) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus) possessed for falconry purposes must be banded at all times in accordance with these standards. Loss or removal of any band must be reported to the issuing office within five (5) working days of the loss and must be replaced with a permanent, non-reusable, numbered band supplied by the Service.

(i) Taking restrictions. State laws or regulations shall provide the following restrictions on the taking of raptors from the wild:

(1) Young birds not yet capable of flight (eyasses) may only be taken by a General or Master Falconer during the period specified by the State and no more than two eyasses may be taken by the same permittee during the specified period.

(2) First-year (passage) birds may be taken only during the period specified by the State;

(3) In no case shall the total of all periods of taking of eyasses or passage birds exceed 180 days during a calendar year, except that a marked raptor may be retrapped at any time; and

(4) Only American kestrels (Falcosparverius) and great-horned owls (Bubo virginianus) may be taken when over one year old, except that any raptor other than endangered or threatened species taken under a depredation (or special purpose) permit may be used for falconry by General and Master falconers.

(j) Other restrictions. State laws or regulations shall provide the following restrictions or conditions:

(1) A person who possesses a lawfully acquired raptor before the enactment of these regulations and who fails to meet the permit requirements shall be allowed to retain the raptors. All such birds shall be identified with markers supplied by the Service and cannot be replaced if death, loss, release, or escape occurs.

(2) If you possessed raptors before January 15, 1976, the date these regulations were enacted, and you had more than the number allowed under your permit, you may retain the extra raptors. However, each of those birds must be identified with markers we supplied, and you cannot replace any birds, nor can you obtain any additional raptors, until the number in your possession is at least one fewer than the total number authorized by the class of permit you hold.

(3) A falconry permit holder shall obtain written authorization from the appropriate State wildlife department before any species not indigenous to that State is intentionally released to the wild, at which time the marker from the released bird shall be removed and surrendered to the State wildlife department. The marker from an intentionally released bird which is indigenous to that State shall also be removed and surrendered to the State wildlife department. A standard Federal bird band shall be attached to such birds by the State or Service-authorized Federal bird bander whenever possible.

(4) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors, and only if the raptor is accompanied at all times by the properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record and by a signed, dated statement from the permittee authorizing the temporary possession.

(5) Feathers that are molted or those feathers from birds held in captivity that die, may be retained and exchanged by permittees only for imping purposes.

(k) States meeting Federal falconry standards. We have determined that the following States meet or exceed the minimum Federal falconry standards established in this section for regulating the taking, possession, and transportation of raptors for the purpose of falconry. The States that are participants in a cooperative Federal/State permit system are designated by an asterisk (*).

*Alabama, *Alaska, Arizona, *Arkansas, *California, *Colorado, *Delaware, *Florida, *Georgia, *Idaho, *Illinois, *Indiana, *Iowa, *Kansas, *Kentucky, *Louisiana, Maine, Maryland, Massachusetts, *Michigan, *Minnesota, *Mississippi, Missouri, *Montana, *Nebraska, *Nevada, *New Hampshire, *New Jersey, New Mexico, New York, *North Carolina, *North Dakota, *Ohio, Oklahoma, *Oregon, Pennsylvania, Rhode Island, *South Carolina, *South Dakota, *Tennessee, Texas, Utah, *Vermont, *Virginia, *Washington, West Virginia,*Wisconsin, *Wyoming. [41 FR 2238, Jan. 15, 1976; 41 FR 8053, Feb. 24, 1976, as amended at 42 FR 42353, Aug. 23, 1977; 43 FR 968, Jan. 5, 1978; 43 FR 10566, Mar. 14, 1978; 43 FR 34150, Aug. 3, 1978; 43 FR 57606, Dec. 8, 1978; 45 FR 25066, Apr. 14, 1980; 45 FR 70276, Oct. 23, 1980; 48 FR 31608, July 8, 1983; 48 FR 42820, Sept. 20, 1983; 54 FR 38153, Sept. 14, 1989; 59 FR 11204, Mar. 10, 1994; 64 FR 48566, Sept. 7, 1999; 65 FR 49509, Aug. 14, 2000]
§ 21.30 Raptor propagation permits.

(a) Permit requirement. A raptor propagation permit is required before any person may take, possess, transport, import, purchase, barter, or offer to sell, purchase, or barter any raptor, raptor egg, or raptor semen for propagation purposes.

(b) Application procedures. Submit application for raptor propagation permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:

(1) A statement indicating the purpose(s) for which a raptor propagation permit is sought and, where applicable, the scientific or educational objectives of the applicant;

(2) A statement indicating whether the applicant has been issued a State permit authorizing raptor propagation (include name of State, permit number, and expiration date);

(3) A statement fully describing the nature and extent of the applicant's experience with raptor propagation or handling raptors;

(4) A description of each raptor the applicant possesses or will acquire for propagation purposes to include the species, age (if known), sex (if known), date of acquisition, source, and raptor marker number;

(5) A description of each raptor the applicant possesses for purposes other than raptor propagation to include thespecies, age (if known), sex (if known), date of acquisition, source, raptor marker number, and purpose for which it is possessed;

(6) A description and photographs of the facilities and equipment to be used by the applicant including the dimensions of any structures intended for housing the birds;

(7) A statement indicating whether the applicant requests authority to take raptors or raptor eggs from the wild.

(c) Issuance criteria. Upon receiving an application completed in accordance with paragraph (b) of this section, the Director will decide whether a permit should be issued. In making this decision, the Director shall consider, in addition to the general criteria in § 13.21(b) of this chapter, the following factors:

(1) Whether an applicant's raptor propagation facilities are adequate for the number and species of raptors to be held under the permit.

(2) Whether propagation is authorized by the State in which the propagation will occur, and if authorized, whether the applicant has any required State propagation permit.

(3) Whether the applicant is at least 18 years old with a minimum of 2 years experience handling raptors, and if the applicant requests authority to propagate endangered or threatened species, whether the applicant is at least 23 years old with a minimum of 7 years experience handling raptors.

(4) If the applicant requests authority to take raptors or raptor eggs from the wild:

(i) Whether issuance of the permit would have a significant effect on any wild population of raptors;

(ii) Whether suitable captive stock is available; and

(iii) Whether wild stock is needed to enhance the genetic variability of captive stock.

(d) Additional permit conditions. In addition to the general conditions found in part 13 of this chapter, raptor propagation permits are subject to the following additional conditions:

(1) Facilities. Any tethered raptor possessed under this permit must be maintained in accordance with the Federal falconry standards for “facilities and equipment” described in § 21.29(g), unless a specific exception in writing is obtained. For untethered raptors, the breeding facilities must be soundly constructed and entirely enclosed with wood, wire netting, or other suitable material which provides a safe, health, environment. The design of such facilities and ancillary equipment must:

(i) Minimize the risk of injury by providing protection from predators, disturbances that would likely cause harm, extreme weather conditions, and collision with interior or perimeter construction materials and equipment such as support poles, windows, wire netting, perches, or lights;

(ii) Enhance sanitation by providing a well-drained floor, fresh air ventilation, source of light, fresh water for bathing and drinking, access for cleaning, and interior construction materials suitable for thorough cleaning or disinfection; and

(iii) Enhance the welfare and breeding success of the raptors by providing suitable perches, nesting and feeding sites, and observation ports or inspection windows during times when disturbance is felt to be undesirable.

(2) Incubation of eggs. Each permittee must notify the Director in writing within 5 days from the day the first egg is laid by any raptor held under a raptor propagation permit, but notice is not required more often than once every 60 days.

(3) Marking requirement. Unless otherwise specifically exempted, every raptor possessed for propagation, including all progeny produced pursuant to the permitted activity, must be banded in accordance with the following provisions:

(i) Except for captive-bred raptors lawfully marked with a seamless, numbered band provided by the Service, any raptor possessed for propagation purposes shall be banded with a permanent, non-reusable, numbered band issued by the Service.

(ii) Unless specifically exempted by the conditions of the raptor propagation permit, each captive-bred raptor produced under authority of a raptor propagation permit shall be banded within two (2) weeks of hatching with a numbered, seamless band provided by the Service, placed on the raptor's leg (metatarsus). In marking captive-bred raptors, permittees:

(A) Shall use a band with an opening (inside diameter) which is small enough to prevent its removal when the raptor is fully grown without causing serious injury to the raptor or damaging the bands integrity or one-piece construction;

(B) May band a raptor with more than one size band when the potential diameter of the raptor's leg at maturity cannot be determined at the time of banding;

(C) Shall remove all but one band from any raptor with more than one band before the raptor is five (5) weeks of age and return all bands removed to the issuing office.

(iii) No raptor taken from the wild, produced from an egg taken from the wild, or produced from an egg from any source other than bred in captivity under authority of a raptor propagation permit may be banded with a numbered seamless band issued by the Service.

(iv) No permittee under this section may band any raptor with any band issued or authorized by the Service unless that raptor is lawfully possessed by the permittee.

(4) Taking Raptors or Raptor Eggs from the Wild. Any permit authorizing the permittee to take raptors or raptor eggs from the wild for propagation purposes is subject to the following additional restrictions:

(i) The State or foreign country in which the raptors or raptor eggs are taken must authorize the permittee in writing to take raptors or raptor eggs from the wild for propagation purposes;

(ii) No raptor listed in § 17.11 of this chapter as “endangered” or “threatened” may be taken from the wild without first obtaining the proper permit under part 17 of this chapter; and

(iii) No raptor or raptor egg may be taken from the wild except in accordance with State law.

(5) Transfer, purchase, sale, or barter of raptors, raptor eggs, or raptor semen. (i) A permittee may transfer any lawfully possessed raptor, raptor egg, or raptor semen to another permittee or transfer any raptor to a falconer who holds a valid State falconry permit if no money or other consideration is involved.

(ii) A permittee may transfer, purchase, sell, or barter any raptor which is banded with a numbered seamless marker provided or authorized by the Service, subject to the following conditions:

(A) When the permittee purchases from, sells to, or barters with any person in the U.S., that person must be authorized under this part to purchase, sell, or barter captive-bred raptors;

(B) When the permittee purchases from or barters with any person in a foreign country, that person must be authorized by the competent wildlife management authority of the foreign country in which the transaction occurs to sell or barter captive-bred raptors; and

(C) When the permittee transfers to, sells to or barters with any person in a foreign country, that person must be authorized to possess, purchase or barter captive-bred raptors by the competent wildlife management authority of his/her country of residence or domicile and the same wildlife management authority must certify in writing that the recipient is an experienced falconer or raptor propagator who is required to maintain any raptors in his/her possession under conditions that are comparable to the conditions under which a permittee must maintain raptors under § 21.29 or § 21.30. No certification is required if the competent wildlife management authority itself is the recipient of captive-bred raptors for conservation purposes.

(iii) No raptor may be traded, transferred, purchased, sold, or bartered until it is two weeks old and only after it is properly banded with a nonreuseable marker provided or authorized by the Service, unless it is transferred, sold, or bartered to a State or Federal wildlife management agency for conservation purposes.

(iv) A permittee may purchase, sell, or barter semen collected from any captive-bred raptor.

(v) A permittee may not purchase, sell or barter any raptor eggs, any raptors taken from the wild, any raptor semen collected from the wild, or any raptors hatched from eggs taken from the wild.

(6) Use of Service form 3-186A. No permittee may take, purchase, receive, or otherwise acquire, sell, trade, barter, transfer, or otherwise dispose of any raptor unless such permittee submits a form 3-186A (Migratory Bird Acquisition/Disposition Report), completed in accordance with the instructions on the form, to the issuing office within five (5) calendar days of any such transfer. Provided, that a permittee does not have to submit a form 3-186A (Migratory Bird Acquisition/Disposition Report) to report the acquisition raptors hatched from eggs produced as a result of the permittee's propagation activities as long as these raptors remain in the possession of the permittee.

(7) Documentation of lawful possession. No raptor may be possessed under authority of a raptor propagation permit unless the permittee has a properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) for each bird possessed, except as provided in paragraph (d)(5) of this section.

(8) Temporary possession. A raptor possessed under authority of a raptor propagation permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors, and only if the raptor is accompanied at all times by the properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record and by a signed, dated statement from the permittee authorizing the temporary possession.

(9) Sale, purchase, barter. A permittee may not sell, purchase, barter, or offer to sell, purchase, or barter any raptor unless the raptor is marked on the metatarsus by a seamless, numbered band supplied by the Service.

(10) Transfer to another. A permittee may not receive or otherwise acquire from, may not transfer or otherwise dispose of to, and may not loan to or temporarily place with another person any raptor unless that person is authorized to acquire, possess, and dispose of such raptors under a valid permit issued pursuant to this part and part 13 or as permitted by regulations in this part.

(11) Use in falconry. A permittee may use a raptor possessed for propagation in the sport of falconry only if such use is designated in both the propagation permit and the permittee's falconry permit.

(12) Interspecific hybridization. Hybridization between species (interspecific hybridization) is authorized only if each raptor produced by interspecific hybridization is either imprinted on humans (hand-raised in isolation from the sight of other raptors from two weeks of age until it is fully feathered) or surgically sterilized.

(13) Possession of dead raptors, non-viable eggs, nests, and feathers. (i) Upon the death of any raptor held under permit, a permittee must remove the marker and immediately return it to the Director. The carcass must be destroyed immediately, unless the permittee requests authorization from the Director to retain possession of it. A permittee who has obtained written authorization from the Director to retain possession of the carcass may transfer it to any other person authorized by the Service to possess it, provided no money or other consideration is involved.

(ii) A permittee may possess addled or blown eggs, nests, and feathers from raptors held under permit and may transfer any of these items to any other person authorized by the Service to possess them provided no money or other consideration is involved.

(14) Intentional release to the wild. (i) A permittee must obtain written authorization from the Director and the Director of the wildlife conservation department of the State in which release to the wild is proposed before intentionally releasing any raptor to the wild. The raptor marker must be removed from each bird and immediately returned to the Director. A Federal bird band must be attached to each raptor by a person designated by the Director before its release.

(ii) No raptor produced by interspecific hybridization may be intentionally released to the wild.

(15) Recordkeeping. A permittee must maintain complete and accurate records of all operations, to include the following:

(i) Acquisition of raptors, eggs, or semen from sources other than production.

(A) Description of stock:

(1) Species, sex, age of each (if applicable),

(2) Genotype-natal area (geographical breeding site or area that captive stock represents, e.g., Colville River, Alaska; unknown; migrant taken in Maryland, etc.), and

(3) Marker number (if applicable).

(B) Type of stock (including number or amount):

(1) Semen,

(2) Egg, or

(3) Bird.

(C) How acquired:

(1) Purchase, barter, or transfer (include the purchase price or a description of any other consideration involved), or

(2) Taken from the wild.

(D) Date acquired: month, day, and year.

(E) From whom or where stock acquired:

(1) Name, address, and permit number of seller, barterer, or transferor; or

(2) Location where stock taken from the wild.

(ii) Disposition of raptors, eggs, or semen.

(A) Description of stock:

(1) Species, sex, age of each (if applicable),

(2) Genotype-natal area (geographical breeding site or area that captive stock represents, e.g., Colville River, Alaska; unknown; migrant taken in Maryland, etc.), and

(3) Marker number (if applicable).

(B) Type of stock (including number or amount):

(1) Semen,

(2) Egg, or

(3) Bird.

(C) Manner of disposition:

(1) Sale, barter, or transfer (include the sale price or a description of any other consideration involved),

(2) Live loss,

(3) Intentional release to the wild, or

(4) Death.

(D) Date of disposition: month, day, and year.

(E) To whom or where stock disposed:

(1) Name, address, and permit number of purchaser, barterer, or transferee, or

(2) Description and location of other disposition.

(iii) Production and pedigree record.

(A) Mother and father(s):

(1) Species,

(2) Genotype-natal area, and

(3) Marker number.

(B) Insemination:

(1) Natural,

(2) Artificial, or

(3) Combined.

(C) Eggs laid:

(1) Total,

(2) First date, and

(3) Last date.

(D) Eggs hatched:

(1) Total,

(2) First date, and

(3) Last date.

(E) Young raised to 2 weeks of age:

(1) Total produced, and

(2) Marker number and date marked for each raptor.

(16) Annual report. A permittee must submit an annual report by January 31 of each year for the preceding year to the Director. The report must include the following information for each species possessed by the permittee:

(i) Number of raptors possessed as of December 31 (including the species, marker number, sex, and age of each raptor).

(ii) Number of females laying eggs.

(iii) Number of eggs laid.

(iv) Number of eggs hatched.

(v) Number of young raised to 2 weeks of age.

(vi) Number of raptors purchased, sold, bartered, received, or transferred (including the species, marker number, sex, and age of each raptor) the date of the transaction, and the name, address and permit number of each purchaser, seller, barterer, transferor, or transferee.

(e) Term of permit. A raptor propagation permit issued or renewed under this part expires on the date designated on the face of the permit unless amended or revoked, but the term of the permit shall not exceed three (3) years from the date of issuance or renewal.

[48 FR 31608, July 8, 1983, as amended at 49 FR 9736, Mar. 15, 1984; 54 FR 38154, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]
Subpart D—Control of Depredating Birds
§ 21.41 Depredation permits.

(a) Permit requirement. Except as provided in §§ 21.42 through 21.46, a depredation permit is required before any person may take, possess, or transport migratory birds for depredation control purposes. No permit is required merely to scare or herd depredating migratory birds other than endangered or threatened species or bald or golden eagles.

(b) Application procedures. Submit application for depredation permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:

(1) A description of the area where depredations are occurring;

(2) The nature of the crops or other interests being injured;

(3) The extent of such injury; and

(4) The particular species of migratory birds committing the injury.

(c) Additional permit conditions. Inaddition to the general conditions set forth in part 13 of this subchapter B, depredation permits shall be subject to requires, in this section:

(1) Permittees may not kill migratory birds unless specifically authorized on the permit.

(2) Unless otherwise specifically authorized, when permittees are authorized to kill migratory birds they may do so only with a shotgun not larger than No. 10 gauge fired from the shoulder, and only on or over the threatened area or area described on the permit.

(3) Permittees may not use blinds, pits, or other means of concealment, decoys, duck calls, or other devices to lure or entice birds within gun range.

(4) All migratory birds killed shall be retrieved by the permittee and turned over to a Bureau representative or his designee for disposition to charitable or other worthy institutions for use as food, or otherwise disposed of as provided by law.

(5) Only persons named on the permit are authorized to act as agents of the permittee under authority of the permit.

(d) Tenure of permits. The tenure of depredation permits shall be limited to the dates which appear on its face, but in no case shall be longer than one year.

[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63 FR 52637, Oct. 1, 1998]
§ 21.42 Authority to issue depredating orders to permit the killing of migratory game birds.

Upon the receipt of evidence clearly showing that migratory game birds have accumulated in such numbers in a particular area as to cause or about to cause serious damage to agricultural, horticultural, and fish cultural interests, the Director is authorized to issue by publication in the Federal Register a depredation order to permit the killing of such birds under the following conditions:

(a) That such birds may only be killed by shooting with a shotgun not larger than No. 10 gauge fired from the shoulder, and only on or over the threatened area or areas;

(b) That shooting shall be limited to such time as may be fixed by the Director on the basis of all circumstances involved. If prior to termination of the period fixed for such shooting, the Director receives information that there no longer exists a serious threat to the area or areas involved, he shall without delay cause to be published in the Federal Register an order of revocation;

(c) That such migratory birds as are killed under the provisions of any depredation order may be used for food or donated to public museums or public scientific and educational institutions for exhibition, scientific, or educational purposes, but shall not be sold, offered for sale, bartered, or shipped for purpose of sale or barter, or be wantonly wasted or destroyed: Provided, That any migratory game birds which cannot be so utilized shall be disposed of as prescribed by the Director;

(d) That any order issued pursuant to this section shall not authorize the killing of the designated species of depredating birds contrary to any State laws or regulations. The order shall specify that it is issued as an emergency measure designed to relieve depredations only and shall not be construed as opening, reopening, or extending any open hunting season contrary to any regulations promulgated pursuant to section 3 of the Migratory Bird Treaty Act.

§ 21.43 Depredation order for blackbirds, cowbirds, grackles, crows and magpies.

A Federal permit shall not be required to control yellow-headed red-winged, rusty, and Brewer's blackbirds, cowbirds, all grackles, crows, and magpies, when found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance: Provided:

(a) That none of the birds killed pursuant to this section, nor their plumage, shall be sold or offered for sale, but may be possessed, transported, and otherwise disposed of or utilized.

(b) That any person exercising any of the privileges granted by this section shall permit at all reasonable times including during actual operations, any Federal or State game or deputy game agent, warden, protector, or other game law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted; and shall furnish promptly to such officer whatever information he may require, concerning said operations.

(c) That nothing in this section shall be construed to authorize the killing of such birds contrary to any State laws or regulations; and that none of the privileges granted under this section shall be exercised unless the person possesses whatever permit as may be required for such activities by the State concerned.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989]
§ 21.44 Depredation order for designated species of depredating birds in California.

In any county in California in which horned larks, golden-crowned, white-crowned and other crowned sparrows, and house finches are, under extraordinary conditions, seriously injurious to agricultural or other interests, the Commissioner of Agriculture may, without a permit, kill or cause to be killed under his/her general supervision such of the above migratory birds as may be necessary to safeguard any agricultural or horticultural crop in the county: Provided:

(a) That such migratory birds shall be killed only when necessary to protect agricultural or horticultural crops from depredation; that none of the above migratory birds killed, or the parts thereof, or the plumage of such birds, shall be sold or removed from the area where killed; but that all such dead migratory birds shall be buried or otherwise destroyed within this area, except that any specimens needed for scientific purposes, as determined by the State or the Director shall not be destroyed.

(b) That any Commissioner of Agriculture exercising the privileges granted by this section shall keep records of the persons authorized by the Commissioner to kill such migratory birds, and the estimated number of such birds killed pursuant to the exercise of his authority, and the Commissioner shall submit a report thereof to the Director on or before December 31 of each year or whenever the Director so requests.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989; 55 FR 17352, Apr. 24, 1990]
§ 21.45 Depredation order for depredating purple gallinules in Louisiana.

Landowners, sharecroppers, tenants, or their employees or agents, actually engaged in the production of rice in Louisiana, may, without a permit, shoot purple gallinules (Ionornis martinica) when found committing or about to commit serious depredations to growing rice crops on the premises owned or occupied by such persons: Provided:

(a) That purple gallinules may only be killed pursuant to this section between May 1 and August 15 in any year.

(b) That purple gallinules killed pursuant to this section shall not be transported or sold or offered for sale except that, such transportation within the area, as may be necessary to bury or otherwise destroy the carcasses of such birds is permitted: Provided, That the Director or the State agricultural department, college, or other public institution may requisition such purple gallinules killed as may be needed for scientific investigations: Provided further, That any purple gallinules killed under authority of this section may also be donated to charitable institutions for food purposes.

(c) That any person exercising any of the privileges granted by this section shall permit at all reasonable times, including during actual operations, any Federal or State game or deputy game agent, warden, protector, or other game law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted; and shall furnish promptly to such officer whatever information he may require, concerning said operations.

(d) That nothing in this section shall be construed to authorize the killing of such migratory birds contrary to any State laws or regulations; and that none of the privileges granted under this section shall be exercised unless the person possesses whatever permit as may be required for such activities by the State of Louisiana.

(e) That any person authorized by this section to exercise the privileges granted therein shall maintain records of the number of birds killed on the premises and shall submit a report thereof, on or before December 31 of each year, to the Director.

§ 21.46 Depredation order for depredating scrub jays and Steller's jays in Washington and Oregon.

Landowners, sharecroppers, tenants, or their employees or agents actually engaged in the production of nut crops in Washington and Oregon may, without a permit, take scrub jays (Aphelocoma coerulescens) and Steller's jays (Cyanocitta stelleri) when found committing or about to commit serious depredations to nut crops on the premises owned or occupied by such persons: Provided:

(a) That scrub jays and Steller's jays may only be taken pursuant to this section between August 1 and December 1 in any year, in the Washington counties of Clark, Cowlitz, and Lewis; and the Oregon counties of Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, Washington, and Yamhill.

(b) That scrub jays and Steller's jays taken pursuant to this section shall not be transported or sold or offered for sale except that, such transportation within the area, as may be necessary to bury or otherwise destroy the carcasses of such birds is permitted: Provided, That the Director of the State agricultural department, college, or other public institution may requisition such scrub jays and Steller's jays killed as may be needed for scientific investigations.

(c) That such birds may be taken only by trapping or shooting and on areas where serious depredations are being or are about to be committed.

(d) That any person exercising any of the privileges granted by this section shall permit at all reasonable times, including during actual operations, any Federal or State game or deputy game agent, warden, protector, or other law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted; and shall furnish promptly to such officer whatever information he may require, concerning said operations.

(e) That nothing in this section shall be construed to authorize the killing of such migratory birds contrary to any State laws or regulations; and that none of the privileges granted under this section shall be exercised unless the person possesses whatever permit as may be required for such activities by the States of Washington and Oregon.

(f) That any person authorized by this section to exercise the privileges granted therein shall maintain records of the number of birds killed on the premises and shall submit a report thereof, on or before December 31 of each year, to the appropriate Special Agent in Charge (see § 10.22 of this subchapter).

[39 FR 31326, Aug. 28, 1974]
§ 21.47 Depredation order for double-crested cormorants at aquaculture facilities.

The Service examined the rule under the Paperwork Reduction Act of 1995 and found that it does contain information collection requirements. OMB has issued the following emergency information collection number, 1018-0097, which expires on August 31, 1998. Information collection is required to better enable the Service to assess the benefits of the depredation order on aquaculturists and to assess impacts to the double-crested cormorant population. Burden hours to aquaculturists are calculated as follows: an average of 41 birds may be taken by each of some 2,200 aquaculturists per season. An estimated total of 800 hours will be required to keep and maintain the monthly logs, and produce the logs for inspection, yielding an average of 22 minutes per aquaculturists per year. Landowners, operators, and tenants actually engaged in the production of commercial freshwater aquaculture stocks (or their employees or agents) in the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Minnesota, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas may, without a Federal permit, take double-crested cormorants (Phalacrocorax auritus) when found committing or about to commit depredations to aquaculture stocks on the premises used for the production of such stocks: Provided that:

(a) Double-crested cormorants may be taken by shooting during daylight hours only, and only when necessary to protect freshwater commercial aquaculture and State-operated hatchery stocks from depredation; none of the birds so taken may be sold; and all dead birds must be buried or incinerated, except that any specimens needed for scientific purposes as determined by the Director must not be destroyed, and information on birds carrying metal leg bands may be submitted to the Bird Banding Laboratory by means of a toll-free telephone number at 1-800-327-BAND (or 2263).

(b) Double-crested cormorants may be shot at freshwater commercial aquaculture facilities or State-operated hatcheries only in conjunction with an established non-lethal harassment program as certified by officials of the Wildlife Services’ program of the U.S. Department of Agriculture's Animal and Plant Health Inspection Service.

(c) Double-crested cormorants may be taken with firearms only within the boundaries of freshwater commercial aquaculture facilities or State-operated hatcheries, and persons using shotguns are required to use nontoxic shot.

(d) Persons operating under the provisions of this section may use decoys, taped calls, or other devices to lure birds committing or about to commit depredations within gun range.

(e) Any person exercising the privileges of this section must keep and maintain a log recording the date and number of all birds killed each month under this authorization, that the log must be maintained for a period of three years (and that three previous years of takings must be maintained at all times thereafter), that the log and any related records be made available to Federal or State wildlife enforcement officers upon request during normal business hours.

(f) Nothing in this section authorizes the killing of double-crested cormorants contrary to the laws or regulations of any State, and none of the privileges of this section may be exercised unless the person possesses the appropriate State permits, when required; nor the killing of any migratory bird species other than double-crested cormorants when committing or about to commit depredations to aquaculture stocks.

(g) The authority granted in this section will automatically expire on April 30, 2005, unless revoked or specifically extended prior to that date.

[63 FR 10560, Mar. 4, 1998]
Subpart E—Control of Overabundant Migratory Bird Populations
§ 21.60 Conservation order for mid-continent light geese.

(a) Which waterfowl species are covered by this order? This conservation order addresses management of lesser snow (Anser c. caerulescens) and Ross' (Anser rossii) geese that breed, migrate, and winter in the mid-continent portion of North America, primarily in the Central and Mississippi Flyways (mid-continent light geese).

(b) In what areas can the conservation order be implemented? (1) The following States, or portions of States, that are contained within the boundaries of the Central and Mississippi Flyways: Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.

(2) Tribal lands within the geographic boundaries in paragraph (b)(1) of this section.

(3) The following areas within the boundaries in paragraph (b)(1) of this section are closed to the conservation order after 10 March of each year: Monte Vista National Wildlife Refuge (CO); Bosque del Apache National Wildlife Refuge (NM); the area within 5 miles of the Platte River from Lexington, Nebraska to Grand Island, Nebraska; the following area in and around Aransas National Wildlife Refuge; those portions of Refugio, Calhoun, and Aransas counties that lie inside a line extending from 5 nautical miles offshore to and including Pelican Island, thence to Port O'Conner, thence northwest along State Highway 185 and southwest along State Highway 35 to Aransas Pass, thence southeast along State Highway 361 to Port Aransas, thence east along the Corpus Christi Channel, thence southeast along the Aransas Channel, extending to 5 nautical miles offshore; except that it is lawful to take mid-continent light geese after 10 March of each year within the Guadalupe WMA. If at any time we receive evidence that a need to close the areas in this paragraph (b)(3) no longer exists, we will publish a proposal to remove the closures in the Federal Register.

(c) What is required in order for State/Tribal governments to participate in the conservation order? Any State or Tribal government responsible for the management of wildlife and migratory birds may, without permit, kill or cause to be killed under its general supervision, mid-continent light geese under the following conditions:

(1) Activities conducted under this section may not affect endangered or threatened species as designated under the Endangered Species Act.

(2) Control activities must be conducted clearly as such and are intended to relieve pressures on migratory birds and habitat essential to migratory bird populations only and are not to be construed as opening, re-opening, or extending any open hunting season contrary to any regulations promulgated under section 3 of the Migratory Bird Treaty Act.

(3) Control activities may be conducted only when all waterfowl and crane hunting seasons, excluding falconry, are closed.

(4) Control measures employed through this section may be implemented only between the hours of one-half hour before sunrise to one-half hour after sunset.

(5) Nothing in this section may limit or initiate management actions on Federal land without concurrence of the Federal Agency with jurisdiction.

(6) States and Tribes must designate participants who must operate under the conditions of this section.

(7) States and Tribes must inform participants of the requirements/conditions of this section that apply.

(8) States and Tribes must keep records of activities carried out under the authority of this section, including the number of mid-continent light geese taken under this section, the methods by which they were taken, and the dates they were taken. The States and Tribes must submit an annual report summarizing activities conducted under this section on or before August 30 of each year, to the Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, ms 634—ARLSQ, 1849 C Street NW., Washington, DC 20240.

(d) What is required in order for individuals to participate in the conservation order? Individual participants in State or tribal programs covered by this section are required to comply with the following requirements:

(1) Nothing in this section authorizes the take of mid-continent light geese contrary to any State or Tribal laws or regulations; and none of the privileges granted under this section may be exercised unless persons acting under the authority of the conservation order possesses whatever permit or other authorization(s) required for such activities by the State or Tribal government concerned.

(2) Participants who take mid-continent light geese under this section may not sell or offer for sale those birds nor their plumage, but may possess, transport, and otherwise properly use them.

(3) Participants acting under the authority of this section must permit at all reasonable times, including during actual operations, any Federal or State game or deputy game agent, warden, protector, or other game law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted, and must promptly furnish whatever information an officer requires concerning the operation.

(4) Participants acting under the authority of this section may take mid-continent light geese by any method except those prohibited as follows:

(i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance;

(ii) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the person a means of concealment beneath the surface of the water;

(iii) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;

(iv) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and the sails furled, and its progress therefrom has ceased. A craft under power may be used only to retrieve dead or crippled birds; however, the craft may not be used under power to shoot any crippled birds;

(v) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take mid-continent light geese on an area where tame or captive live geese are present unless such birds are and have been for a period of 10 consecutive days before the taking, confined within an enclosure that substantially reduces the audibility of their calls and totally conceals the birds from the sight of mid-continent light geese;

(vi) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of mid-continent light geese;

(vii) By the aid of baiting, or on or over any baited area. As used in this paragraph, “baiting” means the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and “baited area” means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed capable of luring, attracting, or enticing such birds is directly or indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this paragraph prohibits the taking of mid-continent light geese on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shucked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; or

(viii) Participants may not possess shot (either in shotshells or as loose shot for muzzleloading) other than steel shot, or bismuth-tin, or other shots that are authorized in 50 CFR 20.21(j). Season limitations in that section do not apply to participants acting under this order.

(e) Under what conditions would the conservation order be revoked? The Service will annually assess the overall impact and effectiveness of the conservation order to ensure compatibility with long-term conservation of this resource. If at any time we receive that clearly demonstrates a serious threat of injury to the area or areas involved no longer exists, we will initiate action to revoke the conservation order.

(f) Will information concerning the conservation order be collected? The information collection requirements of the conservation order have been approved by OMB and assigned clearance number 1018-0103. Agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The recordkeeping and reporting requirements imposed under regulations established in this subpart E will be utilized to administer this program, particularly in the assessment of impacts alternative regulatory strategies may have on mid-continent light geese and other migratory bird populations. The information collected will be required to authorize State and Tribal governments responsible for migratory bird management to take mid-continent light geese within the guidelines provided by the Service.

[66 FR 32265, June 14, 2001]
Pt. 22 PART 22—EAGLE PERMITS Subpart A—Introduction Sec. 22.1 What is the purpose of this part? 22.2 What activities does this part apply to? 22.3 What definitions do you need to know? 22.4 Information collection requirements. Subpart B—General Requirements 22.11 What is the relationship to other permit requirements? 22.12 What activities are illegal? Subpart C—Eagle Permits 22.21 What are the requirements concerning scientific and exhibition purpose permits? 22.22 What are the requirements concerning permits for Indian religious purposes? 22.23 What are the requirements for permits to take depredating eagles? 22.24 Permits for falconry purposes. 22.25 What are the requirements concerning permits to take golden eagle nests? Subpart D—Depredation Control Orders on Golden Eagles 22.31 Golden eagle depredations control order on request of Governor of a State. 22.32 Conditions and limitations on taking under depredation control order. Authority:

16 U.S.C. 668a; 16 U.S.C. 703-712; 16 U.S.C. 1531-1544.

 Source:

39 FR 1183, Jan. 4, 1974, unless otherwise noted.

Subpart A—Introduction
§ 22.1 What is the purpose of this part?

This part controls the taking, possession, and transportation within the United States of bald and golden eagles for scientific, educational, and depredation control purposes and for the religious purposes of American Indian tribes. This part also governs the transportation into or out of the United States of bald and golden eagle parts for scientific, educational, and Indian religious purposes. The import, export, purchase, sale, trade, or barter of bald and golden eagles, or their parts, nests, or eggs is prohibited.

[64 FR 50472, Sept. 17, 1999]
§ 22.2 What activities does this part apply to?

(a)(1) You can possess or transport within the United States, without a Federal permit:

(i) Any live or dead bald eagles, or their parts, nests, or eggs that were lawfully acquired before June 8, 1940; and

(ii) Any live or dead golden eagles, or their parts, nests, or eggs that were lawfully acquired before October 24, 1962.

(2) You may not transport into or out of the United States, import, export, purchase, sell, trade, barter, or offer for purchase, sale, trade, or barter bald or golden eagles, or their parts, nests, or eggs of these lawfully acquired pre-act birds. However, you may transport into or out of the United States any lawfully acquired dead bald or golden eagles, their parts, nests, or dead eagles, if you acquire a permit issued under § 22.22 of this part.

(3) No exemption from any statute or regulation will apply to any offspring of these pre-act birds.

(4) You must mark all shipments containing bald or golden eagles, alive or dead, their parts, nests, or eggs as directed in § 14.81 of this subchapter. The markings must contain the name and address of the person the shipment is going to, the name and address of the person the shipment is coming from, an accurate list of contents by species, and the number of each species.

(b) The provisions in this part are in addition to, and are not in lieu of, other regulations of this subchapter B which may require a permit or prescribe additional restrictions or conditions for the importation, exportation, and interstate transportation of wildlife (see also part 13 of this subchapter).

[39 FR 1183, Jan. 4, 1974, as amended at 64 FR 50472, Sept. 17, 1999]
§ 22.3 What definitions do you need to know?

In addition to definitions contained in part 0 of this subchapter, and unless the context otherwise requires, in this part 22:

Area nesting population means the number of pairs of golden eagles known to have a resting attempt during the preceding 12 months within a 10-mile radius of a golden eagle nest.

Export for the purpose of this part does not include the transportation of any dead bald or golden eagles, or their parts, nests, or dead eggs out of the United States when accompanied with a valid transportation permit.

Golden eagle nest means any readily identifiable structure built, maintained or occupied by golden eagles for propagation purposes.

Import for the purpose of this part does not include the transportation of any dead bald or golden eagles, or their parts, nests, or dead eggs into the United States when accompanied with a valid transportation permit.

Inactive nest means a golden eagle nest that is not currently used by golden eagles as determined by the absence of any adult, egg, or dependent young at the nest during the 10 days before the nest is taken.

Nesting attempt means any activity by golden eagles involving egg laying and incubation as determined by the presence of an egg attended by an adult, an adult in incubation posture, or other evidence indicating recent use of a golden eagle nest for incubation of eggs or rearing of young.

Person means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, department, or instrumentality of any State or political subdivision of a State.

Resource development or recovery includes, but is not limited to, mining, timbering, extracting oil, natural gas and geothermal energy, construction of roads, dams, reservoirs, power plants, power transmission lines, and pipelines, as well as facilities and access routes essential to these operations, and reclamation following any of these operations.

Take includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, or molest or disturb.

Transportation into or out of the United States for the purpose of this part means that the permitted item or items transported into or out of the United States do not change ownership at any time, they are not transferred from one person to another in the pursuit of gain or profit, and they are transported into or out of the United States for Indian religious purposes, or for scientific or exhibition purposes under the conditions and during the time period specified on a transportation permit for the items.

[39 FR 1183, Jan. 4, 1974, as amended at 48 FR 57300, Dec. 29, 1983; 64 FR 50472, Sept. 17, 1999]
§ 22.4 Information collection requirements.

(a) The Office of Management and Budget approved the information collection requirements contained in this part 22 under 44 U.S.C. 3507 and assigned OMB Control Number 1018-0022. The Service may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. We are collecting this information to provide information necessary to evaluate permit applications. We will use this information to review permit applications and make decisions, according to criteria established in the Bald and Golden Eagle Protection Act and its regulations, on the issuance, suspension, revocation, or denial of permits. You must respond to obtain or retain a permit.

(b) We estimate the public reporting burden for these reporting requirements to vary from 1 to 4 hours per response, with an average of 1 hour per response, including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments regarding the burden estimate or any other aspect of these reporting requirements to the Service Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC 20240, or the Office of Management and Budget, Paperwork Reduction Project (1018-0022), Washington, DC 20603.

[63 FR 52637, Oct. 1, 1998]
Subpart B—General Requirements
§ 22.11 What is the relationship to other permit requirements?

You may not take, possess, or transport any bald eagle (Haliaeetus leucocephalus) or any golden eagle (Aquila chrysaetos), or the parts, nests, or eggs of such birds, except as allowed by a valid permit issued under this part, part 13, and/or § 21.22 of this subchapter, or authorized under a depredation order issued under subpart D of this part. We will accept a single application for a permit under this part and any other parts of this subchapter B if it includes all of the information required for an application under each applicable part.

(a) You do not need a permit under parts 17 and 21 of this subchapter B for any activity permitted under this part 22 with respect to bald or golden eagles or their parts, nests, or eggs.

(b) You must obtain a permit under part 21 of this subchapter for any activity that also involves migratory birds other than bald and golden eagles, and a permit under part 17 of this subchapter for any activity that also involves threatened or endangered species other than the bald eagle.

(c) If you are transporting dead bald or golden eagles, or their parts, nests, or dead eggs into or out of the United States, you will also need a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) permit under part 23 of this subchapter.

[64 FR 50472, Sept. 17, 1999]
§ 22.12 What activities are illegal?

(a) You may not sell, purchase, barter, trade, import, or export, or offer for sale, purchase, barter, or trade, at any time or in any manner, any bald eagle (Haliaeetus leucocephalus), or any golden eagle (Aquila chrysaetos), or the parts, nests, or eggs of these birds, and we will not issue a permit to authorize these acts.

(b) You may not transport into or out of the United States any live bald or golden eagle, or any live egg of those birds, and we will not issue a permit to authorize these acts.

[64 FR 50472, Sept. 17, 1999]
Subpart C—Eagle Permits
§ 22.21 What are the requirements concerning scientific and exhibition purpose permits?

We may, under the provisions of this section, issue a permit authorizing the taking, possession, transportation within the United States, or transportation into or out of the United States of lawfully possessed bald eagles or golden eagles, or their parts, nests, or eggs for the scientific or exhibition purposes of public museums, public scientific societies, or public zoological parks. We will not issue a permit under this section that authorizes the transportation into or out of the United States of any live bald or golden eagles, or any live eggs of these birds.

(a) How do I apply if I want a permit for scientific and exhibition purposes?

(1) You must submit applications for permits to take, possess, or transport within the United States lawfully acquired live or dead bald or golden eagles, or their parts, nests, or live or dead eggs for scientific or exhibition purposes to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the Regional Directors in 50 CFR 2.2.

(2) If you want a permit to transport into or out of the United States any lawfully acquired dead bald or golden eagles or their parts, nests, or dead eggs for scientific or exhibition purposes, you must submit your application to the Office of Management Authority. Your application must contain all the information necessary for the issuance of a CITES permit. You must also comply with all the requirements in part 23 of this subchapter before international travel. Mail should be addressed to: Office of Management Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 700, Arlington, VA, 22203.

(3) Your application for any permit under this section must also contain the information required under this section, § 13.12(a) of this subchapter, and the following information:

(i) Species of eagle and number of such birds, nests, or eggs proposed to be taken, possessed, or transported;

(ii) Specific locality in which taking is proposed, if any;

(iii) Method taking proposed, if any;

(iv) If not taken, the source of eagles and other circumstances surrounding the proposed acquisition or transportation;

(v) Name and address of the public museum, public scientific societies, or public zoological park for which they are intended;

(vi) Complete explanation and justification of request, nature of project or study, number of specimens now at institution, reason these are inadequate, and other appropriate explanations.

(b) What are the conditions? In addition to the general conditions in part 13 of this subchapter B, permits to take, possess, transport within the United States, or transport into or out of the United States bald or golden eagles, or their parts, nests, or eggs for scientific or exhibition purposes, are also subject to the following condition: In addition to any reporting requirement specifically noted in the permit, you must submit a report of activities conducted under the permit to the Regional Director—Attention: Migratory Bird Permit Office, within 30 days after the permit expires.

(c) How do we evaluate your application for a permit? We will conduct an investigation and will only issue a permit to take, possess, transport within the United States, or transport into or out of the United States bald or golden eagles, or their parts, nests, or eggs for scientific or exhibition purposes when we determine that the taking, possession, or transportation is compatible with the preservation of the bald eagle and golden eagle. In making this determination, we will consider, among other criteria, the following:

(1) The direct or indirect effect which issuing such permit would be likely to have upon the wild populations of bald and golden eagles;

(2) Whether the expertise, facilities, or other resources available to the applicant appear adequate to successfully accomplish the objectives stated in the application;

(3) Whether the justification of the purpose for which the permit is being requested is adequate to justify the removal of the eagle from the wild or otherwise change its status; and

(4) Whether the applicant has demonstrated that the permit is being requested for bona fide scientific or exhibition purposes of public museums, public scientific societies, or public zoological parks.

(d) Tenure of permits. The tenure of permits to take bald or golden eagles for scientific or exhibition purposes shall be that shown on the face of the permit.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50472, Sept. 17, 1999]
§ 22.22 What are the requirements concerning permits for Indian religious purposes?

We will issue a permit only to members of Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs listed under 25 U.S.C. 479a-1 engaged in religious activities who satisfy all the issuance criteria of this section. We may, under the provisions of this section, issue a permit authorizing the taking, possession, and transportation within the United States, or transportation into or out of the United States of lawfully acquired bald eagles or golden eagles, or their parts, nests, or eggs for Indian religious use. We will not issue a permit under this section that authorizes the transportation into or out of the United States of any live bald or golden eagles, or any live eggs of these birds.

(a) How do I apply if I want a permit for Indian regligious purposes? You must submit applications for permits to take, possess, transport within the United States, or transport into or out of the United States lawfully acquired bald or golden eagles, or their parts, nests, or eggs for Indian religious use to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the appropriate Regional Directors in 50 CFR 2.2. If you are applying for a permit to transport into or out of the United States, your application must contain all the information necessary for the issuance of a CITES permit. You must comply with all the requirements in part 23 of this subchapter before international travel. Your application for any permit under this section must also contain the information required under this section, § 13.12(a) of this subchapter, and the following information:

(1) Species and number of eagles or feathers proposed to be taken, or acquired by gift or inheritance.

(2) State and local area where the taking is proposed to be done, or from whom acquired.

(3) Name of tribe with which applicant is associated.

(4) Name of tribal religious ceremony(ies) for which required.

(5) You must attach a certification of enrollment in an Indian tribe that is federally recognized under the Federally Recognized Tribal List Act of 1994, 25 U.S.C. 479a-1, 108 Stat. 4791 (1994). The certificate must be signed by the tribal official who is authorized to certify that an individual is a duly enrolled member of that tribe, and must include the official title of that certifying official.

(b) What are the permit conditions? In addition to the general conditions in part 13 of this subchapter B, permits to take, possess, transport within the United States, or transport into or out of the United States bald or golden eagles, or their parts, nests or eggs for Indian religious use are subject to the following conditions:

(1) Bald or golden eagles or their parts possessed under permits issued pursuant to this section are not transferable, except such birds or their parts may be handed down from generation to generation or from one Indian to another in accordance with tribal or religious customs; and

(2) You must submit reports or inventories, including photographs, of eagle feathers or parts on hand as requested by the issuing office.

(c) How do we evaluate your application for a permit? We will conduct an investigation and will only issue a permit to take, possess, transport within the United States, or transport into or out of the United States bald or golden eagles, or their parts, nests or eggs, for Indian religious use when we determine that the taking, possession, or transportation is compatible with the preservation of the bald and golden eagle. In making a determination, we will consider, among other criteria, the following:

(1) The direct or indirect effect which issuing such permit would be likely to have upon the wild populations of bald or golden eagles; and

(2) Whether the applicant is an Indian who is authorized to participate in bona fide tribal religious ceremonies.

(d) How long are the permits valid? We are authorized to amend, suspend, or revoke any permit that is issued under this section (see §§ 13.23, 13.27, and 13.28 of this subchapter).

(1) A permit issued to you that authorizes you to take bald or golden eagles will be valid during the period specified on the face of the permit, but will not be longer than 1 year from the date it is issued.

(2) A permit issued to you that authorizes you to transport and possess bald or golden eagles or their parts, nests, or eggs within the United States will be valid for your lifetime.

(3) A permit authorizing you to transport dead bald eagles or golden eagles, or their parts, nests, or dead eggs into or out of the United States can be used for multiple trips to or from the United States, but no trip can be longer than 180 days. The permit will be valid during the period specified on the face of the permit, not to exceed 3 years from the date it is issued.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50473, Sept. 17, 1999]
§ 22.23 What are the requirements for permits to take depredating eagles?

(a) How do I apply for a permit? You must submit applications for permits to take depredating bald or golden eagles to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the appropriate Regional Directors in 50 CFR 2.2. Your application must contain the information and certification required by § 13.12(a) of this subchapter, and the following additional information:

(1) Species and number of eagles proposed to be taken;

(2) Location and description of property where taking is proposed;

(3) Inclusive dates for which permit is requested;

(4) Method of taking proposed;

(5) Kind and number of livestock or domestic animals owned by applicant;

(6) Kind and amount of alleged damaged; and

(7) Name, address, age, and business relationship with applicant of any person the applicant proposes to act for him as his agent in the taking of such eagles.

(b) What are the permit conditions? In addition to the general conditions set forth in part 13 of this subchapter B, permits to take depredating bald or golden eagles shall be subject to the following conditions:

(1) Bald or golden eagles may be taken under permit by firearms, traps, or other suitable means except by poison or from aircraft;

(2) The taking of eagles under permit may be done only by the permittee or his agents named in the permit;

(3) Any eagle taken under authority of such permit will be promptly turned over to a Service agent or other game law enforcement officer designated in the permit; and

(4) In addition to any reporting requirement on a permit, you must submit a report of activities conducted under the permit to the appropriate Regional Director—Attention: Migratory Bird Permit Office within 10 days following completion of the taking operations or the expiration of the permit, whichever occurs first.

(c) Issuance criteria. The Director shall conduct an investigation and not issue a permit to take depredating bald or golden eagles unless he has determined that such taking is compatible with the preservation of the bald or golden eagle. In making such determination the Director shall consider the following:

(1) The direct or indirect effect which issuing such permit would be likely to have upon the wild population of bald or golden eagles;

(2) Whether there is evidence to show that bald or golden eagles have in fact become seriously injurious to wildlife or to agriculture or other interests in the particular locality to be covered by the permit, and the injury complained of is substantial; and

(3) Whether the only way to abate the damage caused by the bald or golden eagle is to take some or all of the offending birds.

(d) Tenure of permits. The tenure of any permit to take bald or golden eagles for depredation control purposes shall be that shown on the face thereof, and shall in no case be longer than 90 days from date of issue.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50473, Sept. 17, 1999]
§ 22.24 Permits for falconry purposes.

The Director may, upon receipt of an application and in accordance with the issuance criteria of this section, issue a permit authorizing the possession and transportation of golden eagles for falconry purposes.

(a) Application procedures. Submit applications for permits to possess and transport golden eagles for falconry purposes to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:

(1) A copy of the applicant's master (or equivalent) class permit issued in accordance with 50 CFR 21.28.

(2) A statement of the applicant's experience in handling large raptors, including the species, type of experience and duration of the activity in which the experience was acquired.

(3) At least two (2) letters of reference from individuals with recognized experience in handling and/or flying eagles. Each letter must contain a concise history of the author's experience with eagles. Eagle handling experience is defined as, but is not limited to, the handling of pre-Act birds, zoological specimens, rehabilitating eagles, or scientific studies involving eagles. Each letter must also assess the applicant's capability to properly care for the fly golden eagles in falconry, and recommend the issuance or denial of the permit.

(4) A description of the facilities in which golden eagles will be housed.

(5) If requesting an eagle(s) from the Service, applicants must specify the sex, age and condition of the eagle(s) they will accept.

(6) For eagles already legally possessed, a copy of the permit or other documentation authorizing possession of said birds, and the procedures to be used to minimize or eliminate hazards associated with the use of imprinted birds in falconry.

(7) Name, address, age and experience in handling raptors of any person the applicant proposes to act as an authorized agent in taking possession of golden eagles provided by the Service.

(8) To obtain additional or replacement golden eagles, a request in writing to the appropriate special agent in charge must be tendered, identifying the existing permit and, for replacement eagles, the reason for such replacement.

(b) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, permits to possess and transport golden eagles for falconry purposes are subject to the following conditions:

(1) Golden eagles possessed for falconry purposes are considered as raptors and must be maintained in accordance with Federal falconry standards described in §§ 21.28 and 21.29 of this subchapter.

(2) Only golden eagles legally obtained may be possessed and transported for falconry purposes.

(3) Captive breeding of golden eagles possessed for falconry purposes is prohibited.

(4) The applicant, or authorized agent, must agree to take possession of a requested golden eagle(s) within 72 hours of notification of availability. Expenses incurred by the applicant in taking possession of said eagle(s) will be the applicant's responsibility.

(5) The golden eagle(s) must be banded with a numbered eagle marker provided by the Service.

(6) All permits issued pursuant to this section shall state on their face that eagles possessed for falconry purposes under authority of this permit may not be transferred or otherwise intentionally disposed of by any means, including release to the wild, without written approval from the appropriate regional director.

(7) All permits issued pursuant to this section shall state on their face that the appropriate special agent in charge must be notified no later than ten (10) days after the death of a permit holder.

(c) More restrictive State laws. Nothing in this section shall be construed to prevent a State from making and/or enforcing more restrictive laws and regulations as regards the use of golden eagles in falconry.

(d) Issuance criteria. The Director shall conduct an investigation and shall not issue a permit to possess and transport golden eagles for falconry purposes unless he has determined: that such possession and transportation is compatible with the preservation of golden eagles; that the proposed possession and transportation of golden eagles for falconry is not otherwise prohibited by laws and regulations within the State where the activity is proposed; and that the applicant is qualified to possess and transport golden eagles for falconry purposes. In making the latter determination, the Director shall consider, but shall not necessarily be limited to, the following:

(1) The applicant's cumulative falconry experience.

(2) The applicant's demonstrated ability to handle and care for large raptors.

(3) Information contained in the applicant's letters of reference.

(e) Tenure of permits. Any permit to possess and transport golden eagles for falconry purposes is valid for as long as the holder maintains a valid master (or equivalent) class falconry permit or until revoked in writing by the Service.

(f) Permission to trap golden eagles for falconry purposes. Applicants desiring to trap golden eagles from the wild for use in falconry must request and obtain permission from the Service prior to exercising this privilege. The following applies to requests:

(1) Only golden eagles from a specified depredation area may be trapped for falconry purposes.

(2) Permission to trap golden eagles must be requested in writing from the appropriate State Animal Damage Control (ADC) supervisor subsequent to issuance of the permit to possess and transport golden eagles for falconry purposes.

(3) Permission to trap will not be granted until the permittee suitably demonstrates to the State ADC supervisor or a designated project leader his/her qualifications and capabilities to trap golden eagles from the wild.

(4) All such trapping must be conducted under the direct supervision of the State ADC supervisor or designated project leader in the specified depredation area.

(5) Any permission to trap golden eagles from the wild pursuant to this section shall in no case extend more than 90 days from the date of issue.

(6) Upon issuance of permission to trap in accordance with the above conditions, the appropriate special agent in charge will be notified in writing by the State ADC supervisor of the individual's name, address, location of the specified depredation area and tenure of permission to trap golden eagles.

(The information collection requirements approved by the Office of Management and Budget under control number 1018-0022. The information is necessary to determine potential permittee's qualifications and is required to obtain a permit) [49 FR 891, Jan. 6, 1984, as amended at 63 FR 52638, Oct. 1, 1998]
§ 22.25 What are the requirements concerning permits to take golden eagle nests?

The Director may, upon receipt of an application and in accordance with the issuance criteria of this section, issue a permit authorizing any person to take golden eagle nests during a resource development or recovery operation when the nests are inactive, if the taking is compatible with the preservation of the area nesting population of golden eagles. The information collection requirements contained within this section have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1018-0022. This information is being collected to provide information necessary to evaluate permit applications. This information will be used to review permit applications and make decisions, according to the criteria established in this section for the issuance or denial of such permits. The obligation to respond is required to obtain or retain a permit.

(a) How do I apply for a permit to take golden eagle nests? You must submit applications for permits to take golden eagle nests to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the appropriate Regional Directors in 50 CFR 2.2. We will only accept applications if you are engaged in a resource development or recovery operation, including the planning and permitting stages of an operation. Your application must contain the general information and certification required by § 13.12(a) of this chapter plus the following additional information:

(1) A description of the resource development or recovery operation in which the applicant is engaged;

(2) The number of golden eagle nests proposed to be taken;

(3) A description of the property on which the taking is proposed, with reference made to its exact geographic location. An appropriately scaled map or plat must be included which delineates the area of the resource development or recovery operation and identifies the exact location of each golden eagle nest proposed to be taken. The map or plat must contain enough detail so that each golden eagle nest proposed to be taken can be readily located by the Service.

(4) For each golden eagle nest proposed to be taken, the applicant must calculate the area nesting population of golden eagles and identify on an appropriately scaled map or plat the exact location of each golden eagle nest used to calculate the area nesting population unless the Service has sufficient data to independently calculate the area nesting population. The map or plat must contain enough details so that each golden eagle nest used to calculate the area nesting population can be readily located by the Service.

(5) A description of each activity to be performed during the resource development or recovery operation which involves the taking of a golden eagle nest;

(6) A statement with any supporting documents from ornithologists experienced with golden eagles or other qualified persons who have made on site inspections and can verify the applicant's calculation of the area nesting population;

(7) The length of time for which the permit is requested, including the dates on which the proposed resource development or recovery operation is to begin and end;

(8) A statement indicating the intended disposition of each nest proposed to be taken. Applicants should state whether they are willing to collect any nest for scientific or educational purposes; and

(9) A statement indicating any proposed mitigation measures that are compatible with the resource development or recovery operation to encourage golden eagles to reoccupy the resource development or recovery site. Mitigation measures may include reclaiming disturbed land to enhance golden eagle nesting and foraging habitat, relocating in suitable habitat any inactive golden eagle nest taken, or establishing one or more nest sites. If the establishment of one or more nest sites is proposed, a description of the materials and methods to be used and the exact location of each artificial nest site must be included.

(b) Additional permit conditions. In addition to the general conditions set forth in part 13 of this chapter, permits to take golden eagle nests are subject to the following additional conditions:

(1) Only inactive golden eagle nests may be taken.

(2) The permittee shall submit a report of activities conducted under the permit to the Director within ten (10) days following the permit's expiration;

(3) The permittee shall notify the Director in writing at least 10 days but not more than 30 days before any golden eagle nest is taken;

(4) The permittee shall comply with any mitigation measures determined by the Director to be feasible and compatible with the resource development or recovery operation; and

(5) Any permit issued before the commencement of a resource development or recovery operation is invalid if the activity which required a permit is not performed.

(c) Issuance criteria. The Director shall conduct an investigation and not issue a permit to take any golden eagle nest unless such taking is compatible with the preservation of the area nesting population of golden eagles. In making such determination, the Director shall consider the following:

(1) Whether the applicant can reasonably conduct the resource development or recovery operation in a manner that avoids taking any golden eagle nest;

(2) The total number of golden eagle nests proposed to be taken;

(3) The size of the area nesting population of golden eagles;

(4) Whether suitable golden eagle nesting and foraging habitat unaffected by the resource development or recovery operation is available to the area nesting population of golden eagles to accommodate any golden eagles displaced by the resource development or recovery operation;

(5) Whether feasible mitigation measures compatible with the resource development or recovery operation are available to encourage golden eagles to reoccupy the resource development or recovery site. Mitigation measures may include reclaiming disturbed land to enhance golden eagle nesting and foraging habitat, relocating in suitable habitat any golden eagle nest taken, or establishing one or more nest sites; and

(6) Whether the area nesting population is widely dispersed or locally concentrated.

(d) Tenure of permits. The tenure of any permit to take golden eagle nests is 2 years from the date of issuance, unless a shorter period of time is prescribed on the face of the permit. Permits may be renewed in accordance with part 13 of this chapter.

[48 FR 57300, Dec. 29, 1983, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50474, Sept. 17, 1999]
Subpart D—Depredation Control Orders on Golden Eagles
§ 22.31 Golden eagle depredations control order on request of Governor of a State.

(a) Whenever the Governor of any State requests permission to take golden eagles to seasonally protect domesticated flocks and herds in such State, the Director shall make an investigation and if he determines that such taking is necessary to and will seasonally protect domesticated flocks and herds in such States he shall authorize such taking in whatever part or parts of the State and for such periods as he determines necessary to protect such interests.

(b) Requests from the Governor of a State to take golden eagles to seasonally protect domesticated flocks and herds must be submitted in writing to the Director listing the periods of time during which the taking of such birds is recommended, and including a map of the State indicating the boundaries of the proposed area of taking. Such requests should include a statement of the facts and the source of such facts that in the Governor's opinion justifies the request. After a decision by the Director, the Governor will be advised in writing concerning the request and a notice will be published in the Federal Register.

§ 22.32 Conditions and limitations on taking under depredation control order.

(a) Whenever the taking of golden eagles without a permit is authorized for the seasonal protection of livestock, such birds may be taken by firearms, traps, or other suitable means except by poison or from aircraft.

(b) Any person exercising any of the privileges granted by this subpart D must permit all reasonable times, including during actual operations, any Service agent, or other game law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted; and shall furnish promptly to such officer whatever information he may require concerning such operations.

(c) The authority to take golden eagles under a depredations control order issued pursuant to this subpart D only authorizes the taking of golden eagles when necessary to seasonally protect domesticated flocks and herds, and all such birds taken must be reported and turned over to a local Bureau Agent.

 Pt. 23 PART 23—ENDANGERED SPECIES CONVENTION Subpart A—Introduction Sec. 23.1 Purpose of regulations. 23.2 Scope of regulations. 23.3 Definitions. 23.4 Parties to the Convention. Subpart B—Prohibitions, Permits and Exceptions 23.11 Prohibitions. 23.12 Requirements. 23.13 Exceptions. 23.14 Foreign documentation. 23.15 Permits and certificates. Subpart C—Appendices I, II and III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora 23.21 Criteria for listing species. [Reserved] 23.22 Procedures for amending the appendices. [Reserved] 23.23 Species listed in Appendices I, II, and III. Subpart D—Public Participation in the Development of Negotiating Positions for Meetings of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; Federal Agency Consultation 23.31 Purpose of regulations. 23.32 Notice of meeting of Conference of the Parties to the Convention. 23.33 Notice of proposed negotiating positions. 23.34 Public meetings. 23.35 Notice of negotiating positions. 23.36 Schedule of public meetings and notices. 23.37 Federal agency consultation. 23.38 Modifications of procedures and negotiating positions. 23.39 Notice of availability of official report. Subpart E—Scientific Authority Advice [Reserved] Subpart F—Export of Certain Species 23.51 American ginseng (Panax quinquefolius). 23.52 Bobcat (Lynx rufus). 23.53 River otter (Lontra canadensis). 23.54 Lynx (Lynx canadensis). 23.55 Gray wolf (Canis lupus). 23.56 Brown bear (Ursus arctos). 23.57 American alligator (Alligator mississippiensis). Authority:

Convention on International Trade in Endangered Species of Wild Fauna and Flora, 27 U.S.T. 1087; and Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.

Source:

42 FR 10465, Feb. 22, 1977, unless otherwise noted.

Subpart A—Introduction
§ 23.1 Purpose of regulations.

(a) The regulations in this part implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora, TIAS 8249.

(b) The regulations identify those species of wildlife and plants included in appendix I, II or III to the Convention.

§ 23.2 Scope of regulations.

(a) The regulations of this part apply only to wildlife and plants listed in appendix I, II or III to the Convention, listed herein in § 23.23 for the convenience of the public. It should be noted that many species listed in appendix I, II or III are also listed in part 17 (endangered and threatened species) or part 18 (marine mammals), and are subject to additional regulations in those parts or in part 216 (marine mammals) or parts 217-225 (endangered and threatened species) for species under jurisdiction of the National Marine Fisheries Service.

(b) [Reserved]

§ 23.3 Definitions.

In addition to the definitions contained in parts 10 and 17 of this subchapter, and unless the context requires otherwise, in this part:

Appendix I means the list of wildlife and plants called “Appendix I” and attached to the Convention (see § 23.23 for the list).

Appendix II means the list of wildlife and plants called “Appendix II” and attached to the Convention (see § 23.23 for the list).

Appendix III means the list of wildlife and plants called “Appendix III” and attached to the Convention (see § 23.23 for the list).

Convention means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, TIAS 8249.

Management Authority means a national management authority officially designated by a party to implement the present Convention, including the granting of permits or certificates for Convention purposes on behalf of the party.

Party means a country for which the Convention has entered into force, by virtue of ratification or accession.

Re-export means export of wildlife or plants that have previously been imported.

United States means all of the several states, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands.

§ 23.4 Parties to the Convention.

The following countries are currently parties to the Convention. The name and address of the management authority is included under the name of each country. This list is for the convenience of the public, and does not preclude the application of regulations in this part 23 to importation, exportation or re-exportation to or from other countries.

Australia The Bureau of Customs, Department of Business and Consumer Affairs, Canberra, Act 2600, Australia. Brazil Instituto Brasileiro de Desenvolvimento, Florestal (IBDF) do Ministerio da Agricultura, Palacio do Desenvolvimento, Setor Bancario Norte, 13° andar, 70000 Brazilia—DF Brazil. Canada The Administrator, Convention on International Trade in Endangered Species, Canadian Wildlife Service, Department of the Environment, Ottawa, Ontario, K1A OH3, Canada. Chile Servico Agricola y Ganadero (SAG), Ministerio de Agricultura, Santiago, Chile. Costa Rica Departmento de Pesca Continental y Vida Silvestre, Ministerio de Agricultura y Ganaderia, San Jose, Costa Rica. Cyprus Ministry of Agriculture and Natural Resources, Nicosia, Cyprus. Ecuador Ministerio de Agricultura y Ganaderia, Quito, Ecuador. Federal Republic of Germany Bundesminister fur Ernahrung Landwirtschaft und Forsten, Rochusstrasse 1, 5300 Bonn-Duisdorf, Federal Republic of Germany. Finland Maa—ja Metsatalousministerio, Ministry of Agriculture and Forestry, Bureau of Natural Resources, Hallituskatu 3 A, 00170 Helsinki 3 A, Finland. German Democratic Republic Ministerium fur Land, Forst und Nahrungsguterwirtschaft, der Deutschen Demokratischen Republik, DDR-1157 Berlin, German Democratic Republic. Ghana Department of Game and Wildlife, P.O. Box M 239, Accra, Ghana. India The Director of Wildlife Preservation, Government of India, Ministry of Agriculture and Irrigation, Department of Agriculture, Krishi Bhaven, New Delhi—110001, India. Iran Department of the Environment, P.O. Box 1430, Tehran, Iran. Malagasy Republic Direction des Eaux et Forets et de la Conservation des Sols, B.P. 243, Tananarive. Mauritius The Conservator of Forests, Forest Service, Curepipe, Mauritius. Morocco Comite National de l'Environment, Direction de l'Environment, Ministere de l'Urbanisme, de l'Habitat, du Tourisme et de l'Environment, Rabat, Morocco. Nepal Not available. Niger Ministere de l'Economie rurale, et du Climat, Niamey, Niger. Nigeria Not available. Norway The Royal Ministry of Environment, Myntgaten 2, P.O. Box 8012 Oslo-Dep., N—Oslo 1, Norway. Pakistan Mr. A.M. Khattak, Inspector General of Forests/Member Secretary, Government of Pakistan, Ministry of Food, Agriculture, Cooperatives, Under-Developed Areas and Land Reforms (Food and Agriculture Division), National Council for Conservation of Wildlife, Bungalow No.: 4-G, St. No.: 51, F.6/Islamabad, Pakistan. Papua New Guinea The Conservator of Fauna, Department of Natural Resources, P.O. Box 2585, Konedobu, Papua, New Guinea. Paraguay Not available. Peru Direccion General Forestal y de Fauna, Natalio Sanches 220, 3er. piso, Jesus Maria, Lima, Peru. South Africa The Secretary, Department of Planning and the Environment, Private Bag X 213, Pretoria 0001, South Africa. Sweden Lantbruksstyrelsen, Vallgatan 6, S-551 83 Jonkoping, Sweden. Switzerland Office veterinaire federal, Thunstrasse 17, 3005 Berne 6, Switzerland. Tunisia Direction des Forets, 36, rue Alain Savary, Tunis, Tunisia. Union of Soviet Socialist Republics Not available. United Arab Emirates Not available. United Kingdom of Great Britain and Northern Ireland Department of the Environment, 17/19 Rochester Row, London SW1P 1LN, England. United States of America Chief, Federal Wildlife Permit Office, U.S. Fish and Wildlife Service, U.S. Department of the Interior, 18th and C Streets NW., Washington, DC 20240 U.S.A. Uruguay Presidente del Instituto Nacional para le Preservacion del Medio Ambiente, Ministerio de Education y Cultura, Sarandi 444, Montevideo, Uruguay. Zaire Le Commissaire d'Etat a l'Environment, Conservation de la Nature et Tourisme Boite Postale 12348, Kinshasa/Gombe, Zaire.
Subpart B—Prohibitions, Permits and Exceptions
§ 23.11 Prohibitions.

(a) Unless the requirements in this part 23 are met, or one of the exceptions in this part 23 is applicable, it is unlawful for any person subject to the jurisdiction of the United States to commit, attempt to commit, solicit another to commit, or cause to be committed any of the acts described in paragraphs (b) through (d) of this section.

(b) Import. (1) It is unlawful to import into the United States any wildlife or plant listed in appendix I, II or III (see § 23.23) from any foreign country.

(2) It is unlawful to import directly into the United States any wildlife or plant listed in appendix I or II (see § 23.23) taken from the sea beyond the jurisdiction of any country.

(c) Export. It is unlawful to export from the United States any wildlife or plant listed in appendix I, II or III (see § 23.23).

(d) Re-export. It is unlawful to re-export from the United States any wildlife or plant listed in appendix I, II or III (see § 23.23).

(e) Possession. It is unlawful for any person subject to the jurisdiction of the United States to possess any wildlife or plant listed in appendix I, II or III imported into the United States, or exported or re-exported from the United States contrary to the provisions of the Convention or this part 23.

§ 23.12 Requirements.

(a) Import—(1) Appendix I. (i) In order to import into the United States any wildlife or plant listed in Appendix I from any foreign country, a United States import permit, issued pursuant to § 23.15, and a valid foreign export permit issued by the country of origin or a valid foreign re-export certificate issued by the country of re-export must be obtained prior to such importation.

(ii) In order to import directly into the United States any wildlife or plant listed in appendix I taken from the sea beyond the jurisdiction of any country, a United States import permit issued pursuant to § 23.15 must be obtained prior to such importation.

(2) Appendix II. (i) In order to import into the United States any wildlife or plant listed in appendix II from any foreign country, a valid foreign export permit issued by the country of origin, or a valid foreign re-export certificate issued by the country of re-export, must be obtained prior to such importation.

(ii) In order to import directly into the United States any wildlife or plant listed in Appendix II taken from the sea beyond the jurisdiction of any country, a United States import permit issued pursuant to § 23.15, must be obtained prior to such importation.

(3) Appendix III. (i) In order to import into the United States any wildlife or plant listed in appendix III from a foreign country that has listed such animal or plant in appendix III, a valid foreign export permit or re-export certificate issued by such country must be obtained prior to such importation.

(ii) In order to import into the United States any wildlife or plant listed in appendix III from a foreign country that has not listed such wildlife or plant in appendix III, a valid foreign certificate of origin or foreign re-export certificate must be obtained prior to such importation.

(b) Export or re-export—(1) Appendices I and II. In order to export or re-export from the United States any wildlife or plant listed in appendix I or II, a United States export permit or re-export certificate, issued pursuant to § 23.15, must be obtained prior to such exportation or re-exportation.

(2) Appendix III. (i) In order to export or re-export from the United States any wildlife or plant listed in appendix III by the United States, a United States export permit or re-export certificate issued pursuant to § 23.15, must be obtained prior to such exportation or re-exportation.

(ii) In order to export or re-export from the United States any wildlife or plant listed in appendix III that has not been listed by the United States, a re-export certificate or certificate of origin, issued pursuant to § 23.15, must be obtained prior to such exportation or re-exportation.

§ 23.13 Exceptions.

(a) If any wildlife or plant listed in appendix I, II or III is also subject to the regulations in part 17 or part 18 of this subchapter, the prohibitions and exceptions in those parts and in part 23 shall apply. Exceptions in one part cannot be invoked to allow activities prohibited in another part.

(b) The prohibitions in § 23.11 (b) through (d) concerning importation, exportation and re-exportation shall not apply to wildlife or plant listed in appendix I, II or III that are being transshipped through the United States provided such wildlife or plants remain in Customs custody.

(c) The prohibitions in § 23.11 (b) through (d) concerning importation, exportation and re-exportation shall not apply to wildlife or plants when a certificate has been issued by the management authority of the country of origin or the country of re-export to the effect that the wildlife or plant was acquired prior to the date the Convention applied to it. See § 23.15 for rules on the issuance of such certificates.

(d) The prohibitions in § 23.11 (b) through (d) concerning importation, exportation and re-exportation shall not apply to wildlife or plants that are accompanying personal baggage or part of a shipment of the household effects of persons moving their residences to or from the United States: Provided, That this exception shall not apply to:

(1) Importation by U.S. residents of wildlife or plants listed in appendix I that were acquired outside the United States; or

(2) Importation by U.S. residents of wildlife or plants listed in appendix II that were taken from the wild in a foreign country, if that country requires export permits.

(e) Wildlife or plants listed in appendix I that have been bred in captivity or artificially propagated, for commercial activities, shall be treated as if listed in appendix II.

(f) The prohibitions in § 23.11 (b) through (d) concerning importation, exportation and re-exportation shall not apply to wildlife or plants when a certificate has been issued by the management authority of the country of export to the effect that the wildlife or plant was bred in captivity or artificially propagated, or was part of or derived therefrom. See § 23.15 for rules on the issuance of such certificates.

(g) The prohibitions in § 23.11 (b) through (d) concerning importation, exportation and re-exportation shall not apply to herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material when they are imported, exported or re-exported as a non-commercial loan, donation or exchange between scientists or scientific institutions that have been registered by a management authority of their country, and when a label issued or approved by such management authority is clearly affixed to the package or container. See § 23.15 for rules on registration and issuance or approval of labels.

§ 23.14 Foreign documentation.

(a) Party countries. Only export permits, re-export certificates, certificates of origin, or other certificates issued and signed by a management authority will be accepted as a valid foreign document from a country that is a party to the Convention.

(b) Countries that are not parties. The requirements in this part 23 apply to all wildlife and plants listed in appendix I, II or III to the Convention, whether the shipment is to or from a country that is party to the Convention, or to or from any other country. In the case of a shipment from a country not party to the Convention, documents containing information corresponding to that required by the regulations in this part 23 may be accepted. Such documents may be in the form of an export or import permit, a letter from the proper authority, or any other form that clearly indicates the nature of the document. Such documents must:

(1) Be issued by an official of the country responsible for authorizing the export of such wildlife or plants;

(2) Specify the species (or taxa to the rank listed in appendix I, II or III) and give the numbers of wildlife or plants covered by the document; and

(3) Contain the following statement or its equivalent:

I, __________ (Signing official), hereby certify that the shipment of wildlife or plants covered by this document is in accordance with the laws of ______ (Country), will not be detrimental to the survival of the species in the wild, and, if living, will be transported in a manner which will minimize the risk of injury, damage to health, or cruel treatment.
§ 23.15 Permits and certificates.

(a) In order to import, export or re-export wildlife or plants listed in appendix I, II or III that are also listed as endangered or threatened and subject to regulations in part 17 of this subchapter, the requirements in both part 17 and part 23 must be met. A single application meeting the appropriate application requirements in part 17 will also meet the application requirements in part 23.

(b) In order to import wildlife listed in appendix I, II or III that are marine mammals subject to regulations in part 18 of this subchapter, the requirements in both part 18 and part 23 must be met. A single application meeting the application requirements in part 18 will also meet the application requirements in part 23.

(c) Application requirements for permits or certificates to import, export or reexport wildlife or plants listed in appendix I, II or III that are not subject to the regulations in part 17 or part 18 of this subchapter. Any person subject to the jurisdiction of the United States who wishes to get such a permit or certificate submits an application under this section to the Director, U.S. Fish and Wildlife Service, (Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room 700, Arlington, VA 22203 by any person subject to the jurisdiction of the United States who wishes to get a permit for the activity. The Service provides Form 3-200 for the application to which as much of the following information relating to the purpose of the permit or certificate must be attached.

(1) The scientific and common names of the species (or taxa to the rank listed in appendix I, II or III) sought to be covered by the permit, the number of wildlife or plants, and the activity sought to be authorized (such as importing, exporting, re-exporting, etc.);

(2) A statement as to whether the wildlife or plant, at the time of application, (i) is living in the wild, (ii) is living but is not in the wild, or (iii) is dead;

(3) A description of the wildlife or plant, including (i) size, (ii) sex (if known), and (iii) type of goods, if it is a part or derivative;

(4) In the case of living wildlife or plants, (i) a description of the type, size and construction of any container the wildlife or plant will be placed in during transportation; and (ii) the arrangements for watering and otherwise caring for the wildlife or plant during transportation;

(5) The name and address of the person in a foreign country to whom the wildlife or plant is to be exported from the United States, or from whom the wildlife or plant is to be imported into the United States;

(6) The country and place where the wildlife or plant was or is to be taken from the wild;

(7) In the case of wildlife or plants listed in appendix I to be imported into the United States, (i) a statement of the purposes and details of the activities for which the wildlife or plant is to be imported; (ii) a brief resume of the technical expertise of the applicant or other persons who will care for the wildlife or plant; (iii) the name, address and a description, including diagrams or photographs, of the facility where the wildlife or plant will be maintained; and (iv) a description of all mortalities, in the two years preceding the date of this application, involving any wildlife species covered in the application (or any species of the same genus or family) held by the applicant, including the causes and steps taken to avoid such mortalities; and

(8) Copies of documents, sworn affidavits or other evidence showing that either (i) the wildlife or plant was acquired prior to the date the Convention applied to it, or (ii) the wildlife or plant was bred in captivity or artificially propagated, or was part of or derived therefrom, or (iii) the wildlife or plant is an herbarium specimen, other preserved, dried or embedded museum specimen or live plant material to be imported, exported or re-exported as a non-commercial loan, donation or exchange between scientists or scientific institutions.

(d) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a), (b) or (c) of this section, the Director will decide whether or not a permit or certificate should be issued. In making his decision, the Director shall consider in addition to the general criteria in § 13.21(b) of this subchapter, the following factors:

(1) Whether the proposed import, export or re-export would be detrimental to the survival of the species;

(2) Whether the wildlife or plant was acquired lawfully;

(3) Whether any living wildlife or plant to be exported or re-exported will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment;

(4) Whether any living wildlife or plant to be imported directly into the United States from the sea beyond the jurisdiction of any country will be so handled as to minimize the risk of injury, damage to health or cruel treatment;

(5) Whether an import permit has been granted by a foreign country, in the case of proposed export or re-export from the United States of any wildlife or plant listed in Appendix I;

(6) Whether the proposed recipient of any living wildlife or plant listed in Appendix I to be imported into the United States is suitably equipped to house and care for such wildlife or plant;

(7) Whether any wildlife or plant listed in appendix I to be imported into the United States is to be used for primarily commercial activities; and

(8) Whether the evidence submitted is sufficient to justify an exception, in the case of (i) wildlife or plants that were acquired prior to the date the Convention applied to them; (ii) wildlife or plants that were bred in captivity or artificially propagated, or were part of or derived there from; or (iii) wildlife or plants that are herbarium specimens; other preserved, dried or embedded museum specimens, or live plant material to be imported, exported or re-exported as a noncommercial loan, donation or exchange between scientists or scientific institutions.

(9) Whether in the case of wildlife or plants listed in Appendix II, they are the subject of a large volume of trade and are not necessarily threatened with extinction.

(e) Permit or certificate conditions. In addition to the general criteria set forth in part 13 of this subchapter, permits or certificates issued under this section shall be subject to the following special conditions:

(1) Any permit must be presented to a Service agent at a designated port of entry upon importation into the United States or prior to exportation or re-exportation from the United States:

(2) Where appropriate and feasible, the Service may require that an identifying mark be affixed upon any wildlife or plant;

(3) In the case of wildlife or plants that are herbarium specimens, other preserved, dried or embedded museum specimens, or live plant material to be imported, exported or re-exported as a non-commercial loan, donation or exchange between scientists or scientific institutions, the names and addresses of the consignor and consignee must be on each package or container. The letters “CITES” (acronym for the Convention), a description such as “herbarium specimens,” and the code letters assigned by the Service to the scientist or scientific institution, must be entered on the Customs declaration form affixed to each package or container.

(f) Duration of permits or certificates. The duration of permits or certificates issued under this section shall be designated on the face of the permit or certificate, but in no case will export permits be valid for longer than six months.

(g) Information collection requirements. The Office of Management and Budget approved the information collection requirements contained in this part 23 under 44 U.S.C. 3507 and assigned OMB Control Number 1018-0093. The Service may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. We are collecting this information to provide information necessary to evaluate permit applications. We will use this information to review permit applications and make decisions, according to criteria established in various Federal wildlife conservation statutes and regulations, on the issuance, suspension, revocation, or denial of permits. You must respond to obtain or retain a permit. We estimate the public reporting burden for these reporting requirements to vary from 20 minutes to 2 hours per response, with an average of 1 hour per response, including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments regarding the burden estimate or any other aspect of these reporting requirements to the Service Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC 20240, or the Office of Management and Budget, Paperwork Reduction Project (1018-0093), Washington, DC 20603.

[42 FR 10465, Feb. 22, 1977, as amended at 63 FR 52638, Oct. 1, 1998]
Subpart C—Appendices I, II and III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora
§ 23.21 Criteria for listing species. [Reserved]
§ 23.22 Procedures for amending the appendices. [Reserved]
§ 23.23 Species listed in Appendices I, II, and III.

(a) The list in this section includes species of wildlife and plants placed in Appendix I, II or III in accordance with the provisions of Articles XV and XVI of the Convention.

The list of species is organized as follows:

Major group Subgroups Mammals Orders, in taxonomic sequence. Birds Orders, in taxonomic sequence. Reptiles Orders, in taxonomic sequence. Amphibians Orders, in taxonomic sequence. Fishes Orders, in taxonomic sequence. Molluscs Classes. Arthropods Classes. Plants Families, in alphabetical sequence. Within each Subgroup, lower taxonomic units (mainly genera, but sometimes families or subfamilies) are listed in alphabetical sequence. Within genera, the scientific names of the species are listed in alphabetical sequence. The scientific name takes precedence over the common name in determining if a species is listed.

(b) The appendix column of the list includes the annotation “pe” (=possibly extinct) for certain species. It also contains the names of Parties including species in Appendix III.

(c) For purposes of issuing United States certificates of exemption under Article VII(3), the date when the Convention applies to a species is the date when the inclusion of that species in the appendices enters into force under the terms of Article XV or XVI of the Convention. The date of first listing is retained if a species is transferred from one appendix to another or if a listed species is subsequently included with other species in the listing of a taxon above the species level. Such species are shown separately in this publication of the appendices. The date of a subsequent listing is used only if a species is entirely deleted from the appendices and is subsequently reincluded after an intervening period of time.

(d) Subject to the regulations of this part are all living or dead animals or plants in Appendix I, II or III, and all their readily recognizable parts and derivatives except for specified parts or derivatives of particular Appendix III animal species as excluded in the particular listing and the following categorically excluded or exempted parts or derivatives of certain plants:

(1) For Appendix II and Appendix III plants and artificially propagated hybrids of Appendix I plants: Seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; and

(2) For Appendix II and Appendix III plants: Seeds (other than the seeds of Mexican Cactaceae originating from Mexico, which are included in the Appendices), spores, pollen (including pollinia), and artificially propagated cut flowers; and

(3) For artificially propagated hybrids of Appendix I plants: seeds and pollen (including pollinia) and cut flowers; and

(4) For artificially propagated or naturalized Appendix II Cactaceae species: fruits and their parts and derivatives; for Opuntia subgenus Opuntia species, separate stem joints (pads) and their parts and derivatives.

(5) For Orchidaceae species: in Appendix I, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; in Appendix II, for artificially propagated Vanilla species, the fruits and their parts and derivatives.

(e) The list of species set out in subsection (f) is informational and not regulatory in nature. It is solely intended as a convenience to the public. The official list of species included in Appendices I, II, and III is the one maintained by the CITES Secretariat based on the decisions of the Parties to the Convention.

(f) The list of species in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora is provided below:

Species Common name Appendix First listing date (month/day/year) CLASS MAMMALIA: MAMMALS: Order Monotremata: Monotremes: Zaglossus spp. Spiny anteaters II 2/4/77 Order Dasyuromorphia: Dunnarts (Marsupial-mice), Tasmanian wolf: Sminthopsis longicaudata Long-tailed marsupial-mouse, Long-tailed dunnart I 7/1/75 S. psammophila Large desert marsupial-mouse, Sandhill dunnart I 7/1/75 Thylacinus cynocephalus Tasmanian wolf, Thylacine I pe 7/1/75 Order Peramelemorphia: Bandicoots: Chaeropus ecaudatus Pig-footed bandicoot I pe 7/1/75 Macrotis lagotis Rabbit bandicoot, Bilby I 7/1/75 M. leucura Lesser rabbit bandicoot, Yallara I 7/1/75 Perameles bougainville Barred bandicoot, Long-nosed bandicoot, Mari I 7/1/75 Order Diprotodontia: Kangaroos, Wombats, Wallabies, Cuscuses, Rat-kangaroos, etc.: Bettongia spp. (except species listed below) Rat-kangaroos I 6/28/79 B. lesueur Lesueur's rat-kangaroo, Boodie I 7/1/75 B. penicillata (=tropica) Brush-tailed rat-kangaroo, Woylie I 7/1/75 Caloprymnus campestris Desert rat-kangaroo I pe 7/1/75 Dendrolagus inustus Grizzled tree kangaroo II 7/1/75 D. ursinus Vogelkop tree kangaroo II 7/1/75 Lagorchestes hirsutus Western hare wallaby, Wurrup I 7/1/75 Lagostrophus fasciatus Banded hare wallaby, Munning I 7/1/75 Lasiorhinus krefftii Queensland hairy-nosed wombat I 7/1/75 Onychogalea fraenata Bridled nail-tailed wallaby I 7/1/75 O. lunata Crescent nail-tailed wallaby I 7/1/75 Phalanger maculatus (see Spilocuscus maculatus) P. orientalis Gray cuscus II 6/28/79 Spilocuscus maculatus Spotted cuscus II 6/28/79 Order Scandentia Tree shrews II 2/4/77 Tupaiidae spp. Tree shrews II 2/4/77 Order Chiroptera: Bats: Acerodon spp. (all species except those in App. I) Flying foxes II 1/18/90 A. jubatus Golden-capped fruit bat I 1/18/90 A. lucifer Panay giant fruit bat I pe 1/18/90 Pteropus spp. (all species except those in App. I or with earlier date in App. II) Flying foxes II 1/18/90 P. insularis Truk flying fox I 10/22/87 P. macrotis Big-eared flying fox II 10/22/87 P. mariannus Mariana flying fox, Mariana fruit bat I 10/22/87 P. molossinus Ponape flying fox I 10/22/87 P. phaeocephalus Mortlock flying fox I 10/22/87 P. pilosus Palau flying fox I 10/22/87 P. samoensis Samoa flying fox I 10/22/87 P. tokudae Little Mariana fruit bat, Tokuda's flying fox II 10/22/87 P. tonganus Insular flying fox, Tonga fruit bat I 10/22/87 Vampyrops lineatus White-lined bat III (Uruguay) 7/14/76 Order Primates (formerly including order Scandentia, above): Primates: Monkeys, Apes, etc.: All species of primates except those in App. I or with earlier date in App. II All monkeys, apes, etc. not listed below II 2/4/77 Allocebus spp. Hairy-eared dwarf lemurs I 7/1/75 Alouatta palliata (=villosa) Mantled howler monkey I 7/1/75 A. pigra Black howler monkey I 7/1/75 Ateles geoffroyi frontatus Black-handed spider monkey I 7/1/75 A. geoffroyi panamensis Black-handed spider monkey I 7/1/75 Avahi spp. Avahis, Woolly lemurs I 7/1/75 Brachyteles arachnoides Woolly spider monkey I 7/1/75 Cacajao spp. Uakaris I 7/1/75 Callimico goeldii Goeldi's monkey, Callimico I 7/1/75 Callithrix aurita (=C. jacchus aurita) White-eared marmoset I 2/4/77 C. flaviceps (=C. jacchus flaviceps) Buff-headed marmoset I 2/4/77 Cebus capucinus White-throated capuchin II 7/1/75 Cercocebus galeritus galeritus Tana River mangabey, AgilL Langabey I 7/1/75 Cercopithecus diana (=C. roloway) Diana monkey I 2/4/77 Cheirogaleus spp. Dwarf lemurs I 7/1/75 Chiropotes albinasus White-nosed saki I 7/1/75 Colobus (see Procolobus) Daubentonia madagascariensis Aye-aye I 7/1/75 Eulemur spp. Lemurs I 7/1/75 Gorilla gorilla Gorilla I 7/1/75 Hapalemur spp. Gentle lemurs I 7/1/75 Hylobates spp. Gibbons, Siamang I 7/1/75 Indri spp. Indri I 7/1/75 Lagothrix flavicauda Yellow-tailed woolly monkey I 2/4/77 Lemur spp. Lemurs I 7/1/75 Leontopithecus (=Leontideus) spp. Golden lion tamarins I 7/1/75 Lepilemur spp. Sportive lemur, Weasel lemur I 7/1/75 Loris tardigradus Slender loris II 7/1/75 Macaca silenus Lion-tailed macaque I 7/1/75 M. sylvanus Barbary ape II 7/1/75 Mandrillus leucophaeus Drill I 2/4/77 M. sphinx Mandrill I 2/4/77 Microcebus spp. Mouse lemurs I 7/1/75 Nasalis (=Simias) concolor Pagi Island langur I 7/1/75 N. larvatus Proboscis monkey I 7/1/75 Nycticebus coucang Slow loris II 7/1/75 Pan spp. Chimpanzee, Bonobo I 7/1/75 Papio (see Mandrillus) Phaner spp. Fork-marked mouse lemurs I 7/1/75 Pongo pygmaeus Orangutan I 7/1/75 Presbytis entellus (see Semnopithecus entellus) P. pileata (see Trachypithecus pileatus) P. potenziani Long-tailed langur, Mentawai leaf monkey I 2/4/77 Presbytis (other species) (see Trachypithecus) Procolobus badius gordonorum Uhehe red colobus II 7/1/75 P. pennantii kirki (=C. badius kirkii) Zanzibar reL Lolobus I 7/1/75 P. rufomitratus (=C. badius rufomitratus) Tana River red colobus I 7/1/75 P. verus Olive colobus II 7/1/75 Propithecus spp. Sifakas I 7/1/75 Pygathrix (=Rhinopithecus) spp. (except those species with earlier date) Snub-nosed langurs I 2/4/77 P. nemaeus Douc langur I 7/1/75 P. roxellana Sichuan snub-nosed langur I 7/1/75 Saguinus bicolor Pied tamarin I 2/4/77 S. geoffroyi Geoffroy's marmoset I 2/4/77 S. leucopus White-footed tamarin, Silvery-brown bare-face tamarin I 2/4/77 S. oedipus (including S. oedipus geoffroyi) Cotton-top tamarin I 2/4/77 Saimiri oerstedii Red-backed squirrel monkey I 7/1/75 Semnopithecus entellus Gray langur, Common Indian langur I 7/1/75 Symphalangus (see Hylobates) Trachypithecus geei Golden langur I 7/1/75 T. johnii Nilgiri langur II 7/1/75 T. pileatus Capped langur I 7/1/75 Tupaiidae spp. (see Order Scandentia, above) Varecia spp. Lemurs I 7/1/75 Order Xenarthra: Anteaters, Sloths, Armadillos: Bradypus variegatus (=boliviensis or griseus) Three-toed sloth II 7/1/75 Cabassous centralis Five-toed armadillo III (Costa Rica) 10/28/76 C. tatouay (=gymnurus) Naked-tailed armadillo III (Uruguay) 7/14/76 Chaetophractus nationi (subject to a zero export quota) Hairy armadillo II 9/18/97 Choloepus hoffmanni Two-toed sloth III (Costa Rica) 10/28/76 Myrmecophaga tridactyla Giant anteater II 7/1/75 Priodontes maximus (=giganteus) Giant armadillo I 7/1/75 Tamandua tetradactyla (=T. mexicana) Tamandua, Collared anteater III (Guatemala) 4/23/81 Order Pholidota: Pangolins, Scaly Anteaters: Manis spp. (all species except those with an annual export quota) Pangolins II 7/1/75 Manis crassicaudata [zero quota for wild specimens] Indian pangolin II 7/1/75 Manis javanica [zero quota for wild specimens] Malayan pangolin II 7/1/75 Manis pentadactyla [zero quota for wild specimens] Chinese pangolin II 7/1/75 Order Lagomorpha: Rabbits, Hares: Caprolagus hispidus Hispid hare, Assam rabbit I 7/1/75 Romerolagus diazi Mexican volcano rabbit I 7/1/75 Order Rodentia: Rodents: Agouti (=Cuniculus) paca Greater paca, Spotted cavy III (Honduras) 4/13/87 Anomalurus beecrofti Beecroft's scaly-tailed flying squirrel III (Ghana) 2/26/76 A. derbianus Lord Derby's scaly-tailed flying squirrel III (Ghana) 2/26/76 A. pelii Pel's scaly-tailed flying squirrel III (Ghana) 2/26/76 Chinchilla spp. (populations of South America, except domesticated specimens) Chinchillas I 2/4/77 Cynomys mexicanus Mexican prairie dog I 7/1/75 Dasyprocta punctata Common agouti III (Honduras) 4/13/87 Epixerus ebii African palm squirrel III (Ghana) 2/26/76 Hystrix cristata Crested porcupine III (Ghana) 2/26/76 Idiurus macrotis Long-eared pygmy flying squirrel III (Ghana) 2/26/76 Leporillus conditor Australian stick-nest rat I 7/1/75 Marmota caudata Long-tailed marmot III (India) 3/16/89 M. himalayana Himalayan marmot III (India) 3/16/89 Pseudomys praeconis Shark Bay mouse I 7/1/75 Ratufa spp. Giant squirrels II 7/1/75 Sciurus deppei Deppe's squirrel III (Costa Rica) 10/28/76 Sphiggurus (=Coendou) mexicanus Middle American prehensile-tailed porcupine, Coendou III (Honduras) 4/13/87 S. (=Coendou) spinosus Prehensile-tailed porcupine III (Uruguay) 7/14/76 Xeromys myoides False water rat I 7/1/75 Zyzomys pedunculatus Australian native mouse, McDonnell Range rock rat I 7/1/75 Order Cetacea: Whales, Porpoises, Dolphins: All species except those in App. I or with earlier date in App. II All whales, porpoises, and dolphins not listed below II 6/28/79 Balaena mysticetus Bowhead whale I 7/1/75 Balaenoptera acutorostrata (all populations except that of West Greenland) Northern minke whale I 6/28/79 Balaenoptera bonaerensis Southern minke whale I 6/28/79 B. borealis Sei whale I 2/4/77 B. edeni Bryde's whale I 6/28/79 B. musculus Blue whale I 7/1/75 B. physalus Fin whale I 2/4/77 Berardius spp. Beaked whales I 6/28/79 Caperea marginata (entry into force as App. I on 1/1/86) Pygmy right whale I 6/28/79 Eschrichtius robustus (=glaucus) Gray whale I 7/1/75 Eubalaena (=Balaena) spp. Right whales I 7/1/75 Hyperoodon spp. Bottle-nosed whales I 6/28/79 Lipotes vexillifer White flag dolphin, Chinese river dolphin I 6/28/79 Megaptera novaeangliae Humpback whale I 7/1/75 Monodon monoceros Narwhal II 11/16/75 Neophocaena phocaenoides Finless porpoise I 6/28/79 Phocoena sinus Gulf of California harbor porpoise, Cochita I 6/28/79 Physeter catodon (=macrocephalus) Sperm whale I 2/4/77 Platanista spp. Ganges and Indus River dolphins I 7/1/75 Pontoporia (=Stenodelphis) blainvillei La Plata River dolphin II 7/14/76 Sotalia spp. Humpbacked dolphins I 6/28/79 Sousa spp. Humpbacked dolphins I 6/28/79 Order Carnivora: Carnivores: Cats, Bears, etc.: Acinonyx jubatus Cheetah I 7/1/75 Ailuropoda melanoleuca Giant panda I 3/14/84 Ailurus fulgens Lesser panda I 7/1/75 Aonyx congicus (=microdon) (populations of Cameroon and Nigeria) West African “clawless” otter I 7/1/75 Arctictis binturong Binturong III (India) 3/16/89 Bassaricyon gabbii Bushy-tailed olingo III (Costa Rica) 10/28/76 Bassariscus sumichrasti Cacomistle III (Costa Rica) 10/28/76 Canis aureus Golden jackal III (India) 3/16/89 C. lupus (all subspecies and populations except those listed below) Gray wolf II 2/4/77 C. lupus (India, Pakistan, Bhutan, and Nepal populations) Gray wolf I 2/4/77 C. lupus crassodon Gray wolf, Vancouver Island gray wolf II 7/1/75 C. lupus irremotus Gray wolf, Rocky Mountain gray wolf II 7/1/75 C. lupus monstrabilis Gray wolf II 7/1/75 C. lupus pallipes Gray wolf, Middle East gray wolf II 7/1/75 Caracal (=Felis) caracal (Asian population) Caracal I 7/1/75 Catopuma (=Felis) temminckii Asian golden cat I 7/1/75 Cerdocyon thous Crab-eating fox II 6/11/92 Chrysocyon brachyurus Maned wolf II 7/1/75 Civettictis (=Viverra) civetta African civet III (Botswana) 4/24/78 Conepatus humboldtii Humboldt's hognose skunk II 6/28/79 Cryptoprocta ferox Fossa II 2/4/77 Cuon alpinus Dhole II 7/1/75 Cynogale bennettii Otter civet II 7/1/75 Dusicyon thous (see Cerdocyon thous) Dusicyon (other species) (see Pseudalopex) Eira barbara Tayra III (Honduras) 4/13/87 Enhydra lutris nereis Southern sea otter I 7/1/75 Eupleres goudotii (=major) Malagasy mongoose II 2/4/77 Felidae spp. (all species in family except Felis catus or those in App. I or with earlier date in App. II) Cats (not including House cats) II 2/4/77 Felis (see also the following genera, formerly included in Felis: Caracal, Catopuma, Herpailurus, Leopardus, Lynx, Oncifelis, Oreailurus, Pardofelis, Prionailurus, and Puma) F. nigripes Black-footed cat I 7/1/75 Fossa fossana (=fossa) Fanaloka II 2/4/77 Galictis vittata (=allamandi) Grison III (Costa Rica) 10/28/76 Helarctos malayanus Sun bear I 7/1/75 Hemigalus derbyanus Banded palm civet II 2/4/77 Herpailurus (=Felis) yaguarondi (North and Central American populations) Jaguarundi I 7/1/75 H. yaguarondi (South American populations) Jaguarundi II 7/1/75 Herpestes brachyurus fusca (=H. fuscus) Indian brown mongoose III (India) 3/16/89 H. edwardsii Indian gray mongoose III (India) 3/16/89 H. javanicus auropunctata (=H. auropunctatus) Small Indian mongoose III (India) 3/16/89 H. smithii Ruddy mongoose III (India) 3/16/89 H. urva Crab-eating mongoose III (India) 3/16/89 H. vitticollis Stripe-necked mongoose III (India) 3/16/89 Hyaena (see Parahyaena) Leopardus (=Felis) pardalis (except subspecies with earlier date) Ocelot I 2/4/77 L. pardalis mearnsi Ocelot I 7/1/75 L. pardalis mitis Brazilian ocelot I 7/1/75 L. tigrinus (=Felis tigrina) (except subspecies with earlier date) Tiger cat, Little spotted cat I 2/4/77 L. tigrinus oncilla Tiger cat I 7/1/75 L. wiedii (except subspecies with earlier date) Margay I 2/4/77 L. wiedii nicaraguae Central American margay I 7/1/75 L. wiedii salvinia Guatemalan margay I 7/1/75 Lontra felina Marine otter I 7/1/75 L. longicaudis Long-tailed otter, Neotropical otter I 7/1/75 L. provocax Southern river otter, South American river otter I 7/1/75 Lutra lutra European river otter I 2/4/77 Lutra (other species) (see Lontra) Lutrinae spp. (all species except those in App. I) Otters II 2/4/77 Lynx pardinus (=Felis pardina) Spanish lynx, Iberian lynx I 2/4/77 L. rufus (=Felis rufa) escuinapae Mexican bobcat II 7/1/75 Martes flavigula (including M. gwatkinsi) Yellow-throated marten III (India) 3/16/89 M. foina intermedia Beech marten III (India) 3/16/89 Mellivora capensis Honey badger, Ratel III (Ghana and Botswana) 2/26/76 Melursus (=Ursus) ursinus Sloth bear I 9/21/88 Mustela altaica Mountain weasel III (India) 3/16/89 M. erminea ferghanae Ermine III (India) 3/16/89 M. kathiah Yellow-bellied weasel III (India) 3/16/89 M. nigripes Black-footed ferret I 7/1/75 M. sibirica Siberian weasel III (India) 3/16/89 Nasua narica Common coati, Coatimundi III (Honduras) 4/13/87 N. nasua solitaria Coatimundi III (Uruguay) 7/14/76 Neofelis nebulosa Clouded leopard I 7/1/75 Oncifelis (=Felis) geoffroyi Geoffroy's cat I 2/4/77 Oreailurus (=Felis) jacobita Andean cat I 7/1/75 Paguma larvata Masked palm civet III (India) 3/16/89 Panthera leo persica Asiatic lion, Indian lion I 7/1/75 P. onca Jaguar I 7/1/75 P. pardus Leopard I 7/1/75 P. tigris Tiger I 7/1/75 P. uncia (see Uncia uncia) Paradoxurus hermaphroditus Common palm civet III (India) 3/16/89 P. jerdoni Jerdon's palm civet III (India) 3/16/89 Pardofelis (=Felis) marmorata Marbled cat I 7/1/75 Potos flavus Kinkajou III (Honduras) 4/13/87 Prionailurus (=Felis) bengalensis bengalensis (Bangladesh, India, and Thailand populations) Leopard cat I 7/1/75 P. bengalensis bengalensis (all other populations) Leopard cat II 7/1/75 P. planiceps Flat-headed cat I 7/1/75 P. rubiginosus (=Felis rubiginosa) (Indian population) Rusty-spotted cat I 2/4/77 Prionodon linsang Banded linsang II 7/1/75 P. pardicolor Spotted linsang I 7/1/75 Proteles cristatus Aardwolf III (Botswana) 4/24/78 Pseudalopex culpaeus Culpeo fox II 6/28/79 P. griseus (=fulvipes) Argentine gray fox II 6/28/79 P. gymnocercus Pampas fox II 10/22/87 Pteronura brasiliensis Giant otter I 7/1/75 Puma (=Felis) concolor coryi Florida panther, Florida puma I 7/1/75 P. concolor costaricensis Costa Rican puma I 7/1/75 P. concolor couguar Eastern puma, Adirondack cougar I 7/1/75 Selenarctos thibetanus (see Ursus thibetanus) Speothos venaticus Bush dog I 2/4/77 Tremarctos ornatus Spectacled bear I 2/4/77 Uncia uncia Snow leopard I 7/1/75 Ursidae spp. (all species in family except those in App. I or with earlier date in App. II; includes Baltic States and former USSR populations) Bears II 6/11/92 Ursus americanus American black bear II 9/18/91 U. arctos (all Asian populations, including populations of Iran, Iraq, Syria, Turkey, and the former USSR, except populations and subspecies listed in App. I) Brown bear II 1/18/90 U. arctos (all European populations except Italian population and former USSR populations) European Brown Bear II 7/29/83 U. arctos (all North American populations except U. a. nelsoni) Brown bear, Grizzly bear II 7/1/75 U. arctos (all populations of Bhutan, Mongolia, and China except subspecies with earlier date) Brown bear I 1/18/90 U. arctos (Italian population) European brown bear II 7/1/75 U. arctos isabellinus Red bear I 6/28/79 U. arctos nelsoni Mexican grizzly bear I 7/1/75 U. arctos pruinosus Tibetan blue bear I 7/1/75 U. (=Thalarctos) maritimus Polar bear II 7/1/75 U. thibetanus (except subspecies listed below) Asiatic black bear I 6/28/79 U. thibetanus gedrosianus Baluchistan black bear I 2/4/77 Viverra civettina (=megaspila) Malabar large-spotted civet III (India) 3/16/89 V. zibetha Large Indian civet III (India) 3/16/89 Viverricula indica Lesser oriental civet, Small Indian civet III (India) 3/16/89 Vulpes bengalensis Bengal fox III (India) 3/16/89 V. cana Blanford's fox II 2/4/77 V. vulpes griffithi Griffith's red fox III (India) 3/16/89 V. vulpes montana Montane red fox III (India) 3/16/89 V. vulpes pusilla (= leucopus) Little red fox III (India) 3/16/89 V. (=Fennecus) da Fennec fox II 4/22/76 Order Pinnipedia: Seals, Sea lions: Arctocephalus spp. (except species listed below) Southern fur seals II 2/4/77 A. australis Southern fur seal II 7/1/75 A. galapagoensis Galapagos fur seal II 7/1/75 A. philippii Juan Fernandez fur seal II 7/1/75 A. townsendi Guadalupe fur seal I 7/1/75 Mirounga leonina Southern elephant seal II 7/1/75 Monachus spp. Monk seals I 7/1/75 Odobenus rosmarus Walrus III (Canada) 11/16/75 Order Proboscidea: Elephants: Elephas maximus Asian elephant I 7/1/75 Loxodonta africana [except populations of Botswana, Namibia, South Africa, and Zimbabwe] African elephant I 2/4/77 L. africana [only the populations of Botswana, Namibia, South Africa and Zimbabwe, to allow: (1) Export of hunting trophies for noncommercial purposes; (2) export of live animals to appropriate and acceptable destinations (Namibia: for noncommercial purposes only; South Africa: for reintroduction purposes); (3) export of hides and leather goods (South Africa and Zimbabwe); (4) export of ivory carvings for noncommercialpurposes (Zimbabwe only); (5) export of ivory tusks fromKruger National Park (South Africa; zero quota)] African elephant II 2/4/77 Order Sirenia: Dugongs, Manatees: Dugong dugon Dugong I 7/1/75 Trichechus inunguis South American manatee, Amazonian manatee I 7/1/75 T. manatus West Indian manatee I 7/1/75 T. senegalensis West African manatee II 7/1/75 Order Perissodactyla: Odd-toed ungulates: Ceratotherium simum cottoni Northern white rhinoceros I 7/1/75 C. s. simum (population of South Africa) (no trade allowed, except for hunting trophies and for the sale of live animals to appropriate and acceptable destinations) Southern white rhinoceros II 2/4/77 Dicerorhinus (=Didermocerus) sumatrensis Sumatran rhinoceros I 7/1/75 Diceros bicornis Black rhinoceros I 7/1/75 Equus africanus (=E. asinus) African wild ass I 7/29/83 E. grevyi Grevy's zebra I 6/28/79 E. hemionus (except subspecies listed below) Asian wild ass II 7/1/75 E. hemionus hemionus Asian wild ass I 7/1/75 E. hemionus khur (see E. onager khur) E. kiang (=hemionus) (except subspecies listed below) Kiang II 7/1/75 E. kiang khur (see E. onager khur) E. onager (=hemionus) (except subspecies listed below) Onager II 7/1/75 E. onager khur Onager I 7/1/75 E. przewalskii Przewalski's horse I 7/1/75 E. zebra hartmannae Hartmann's mountain zebra II 6/28/79 E. zebra zebra Cape mountain zebra I 7/1/75 Rhinocerotidae spp. (all species and populations in the family except those in App. II or with earlier date in App. I) Rhinoceroses I 2/4/77 Rhinoceros sondaicus Javan rhinoceros I 7/1/75 R. unicornis Great Indian one-horned rhinoceros I 7/1/75 Tapirus spp. (except for species listed below) Tapirs I 7/1/75 T. terrestris South American tapir II 7/1/75 Order Artiodactyla: Even-toed ungulates: Addax nasomaculatus Addax I 7/1/75 Ammotragus lervia Barbary sheep, Aoudad II 4/22/76 Antilocapra americana (Mexican population) Mexican pronghorn I 7/1/75 Antilope cervicapra Blackbuck antelope III (Nepal) 11/16/75 Axis porcinus annamiticus Indochina hog deer I 7/1/75 A. porcinus calamianensis Calamianes deer I 7/1/75 A. porcinus kuhli Kuhl's deer, Bawean hog deer I 7/1/75 Babyrousa babyrussa Babirusa I 7/1/75 Blastocerus dichotomus Marsh deer I 7/1/75 Bison bison athabascae Wood bison II 7/1/75 Boocercus (see Tragelaphus) Bos frontalis (see B. gaurus) B. gaurus (excluding domestic forms) Seladang, Gaur I 7/1/75 B. grunniens (see B. mutus) B. mutus (excluding domestic forms) Wild yak I 7/1/75 B. (=Novibos) sauveli Kouprey I 7/1/75 Bubalus arnee (formerly listed as B. bubalis, a non-protected, domesticated form) Water buffalo III (Nepal) 11/16/75 B. (=Anoa) depressicornis Lowland anoa I 7/1/75 B. (=Anoa) mindorensis Tamaraw I 7/1/75 B. (=Anoa) quarlesi Mountain anoa I 7/1/75 Budorcas taxicolor Takin II 8/1/85 Capra falconeri Markhor I 7/1/75 Capricornis sumatraensis (see Naemorhedus sumatraensis) Catagonus wagneri Chacoan peccary, Giant peccary I 10/22/87 Cephalophus dorsalis Bay duiker II 7/29/83 C. jentinki Jentink's duiker I 7/29/83 C. monticola Blue duiker II 7/1/75 C. ogilbyi Ogilby's duiker II 7/29/83 C. sylvicultor Yellow-backed duiker II 7/29/83 C. zebra Zebra-banded duiker II 7/29/83 Cervus dama mesopotamicus (see Dama mesopotamica) C. duvaucelii Swamp deer I 7/1/75 C. elaphus bactrianus Bactrian deer II 7/1/75 C. elaphus barbarus Barbary deer III (Tunisia) 4/22/76 C. elaphus hanglu Kashmir stag I 7/1/75 C. eldii Eld's brow-antlered deer I 7/1/75 C. porcinus (see Axis porcinus) Choeropsis liberiensis (see Hexaprotodon liberiensis) Dama mesopotamica Persian fallow deer I 2/4/77 Damaliscus dorcas dorcas (see D. pygargus dorcas) D. lunatus Sassaby antelope, Korrigum III (Ghana) 2/26/76 D. pygargus dorcas Bontebok II 7/1/75 Gazella cuvieri (=G. gazella cuvieri) Mountain gazelle III (Tunisia) 4/22/76 G. dama Dama gazelle I 7/29/83 G. dorcas Dorcas gazelle III (Tunisia) 4/22/76 G. leptoceros Slender-horned gazelle III (Tunisia) 4/22/76 Hexaprotodon liberiensis Pygmy hippopotamus II 7/1/75 Hippocamelus spp. Huemals I 7/1/75 Hippopotamus amphibius Hippopotamus II 2/26/76 Hippotragus niger variani Giant sable antelope I 7/1/75 Hyemoschus aquaticus Water chevrotain III (Ghana) 2/26/76 Kobus leche Lechwe II 7/1/75 Lama guanicoe Guanaco II 8/12/78 Mazama americana cerasina Red brocket deer III (Guatemala) 4/23/81 Megamuntiacus vuquanghensis Giant muntjac I 2/16/95 Moschus spp. (all except populations in App. I) Musk deer II 2/16/79 Moschus spp. (populations of Afghanistan, Bhutan, India, Myanmar, Nepal, and Pakistan) Musk deer I 7/1/75 Muntiacus crinifrons Black muntjac I 8/1/85 Naemorhedus baileyi Goral I 7/1/75 N. caudatus Goral I 7/1/75 N. sumatraensis Serow I 7/1/75 N. goral Goral I 7/1/75 Nemorhaedus (see Naemorhedus) Odocoileus virginianus mayensis Whitetail deer III (Guatemala) 4/23/81 Oryx dammah (=O. tao) Scimitar-horned oryx I 7/1/75 O. leucoryx Arabian oryx I 7/1/75 Ovis ammon (except subspecies listed below) Argali II 7/1/75 O. ammon hodgsonii Tibetan argali I 7/1/75 O. ammon nigrimontana Kara Tau argali I 7/1/75 O. aries ophion (=O. musimon ophion) (see O. orientalis ophion) O. canadensis (Mexican population) Mexican bighorn sheep II 7/1/75 O. orientalis ophion Cyprian red sheep I 7/1/75 Ovis vignei (except subspecies listed below) Urial II 7/19/00 O. vignei vignei Ladakh urial I 7/1/75 Ozotoceros bezoarticus Pampas deer I 7/1/75 Pantholops hodgsonii Tibetan antelope I 7/1/75 Pecari tajacu (except populations of the United States and Mexico) Collared peccary II 10/22/87 Pseudoryx nghetinhensis Vu Quang ox I 2/16/95 Pudu mephistophiles Northern pudu II 7/1/75 P. puda (=P. pudu) Pudu I 7/1/75 Rupicapra pyrenaica (=rupicapra) ornata Apennian chamois I 7/1/75 Saiga tatarica Saiga antelope II 2/16/95 Sus salvanius Pygmy hog I 7/1/75 Tayassu pecari White-lipped peccary II 10/22/87 T. tajacu (see Pecari tajacu) Tetracerus quadricornis Four-horned antelope III (Nepal) 11/16/75 Tragelaphus (=Taurotragus) eurycerus Bongo antelope III (Ghana) 2/26/76 T. spekii Sitatunga antelope III (Ghana) 2/26/76 Vicugna vicugna (except populations listed below, under the conditions specified) Vicuna I 7/1/75 V. vicugna [Argentina: wild populations of the Province of Jujuy and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan (export limited to wool sheared from live animals and to cloth and items made thereof, including luxury handicrafts and knitted articles; the reverse side of cloth and cloth products must bear the logo adopted by countries signatory to the Convenio para la Conservacion y Manejo de la Vicuna and the words, “VICUNA-ARGENTINA”; all specimens not meeting any of the above conditions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly)] Vicuna II 7/1/75 V. vicugna [Bolivia: populations of the Conservation Units of Mauri-Desaguadero, Ulla Ulla and Lipez-Chichas (export limited to wool sheared from live animals and to cloth and items made thereof, including luxury handicrafts and knitted articles; the reverse side of cloth and cloth products must bear the logo adopted by countries signatory to the Convenio para la Conservacion y Manejo de la Vicuna and the words, “VICUNA-BOLIVIA”; all specimens not meeting any of the above conditions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly)] Vicuna II 7/1/75 V. vicugna [Chile: populations of Paranicota Province, 1a. Region of Tarapaca (export limited to wool sheared from live animals and to cloth and items made thereof, including luxury handicrafts and knitted articles; the reverse side of cloth and cloth products must bear the logo adopted by countries signatory to the Convenio para la Conservacion y Manejo de la Vicuna and the words, “VICUNA-CHILE”; all specimens not meeting any of the above conditions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly)] Vicuna II 7/1/75 V. vicugna [Peru: all populations (export limited to the stock of 3249 kg. extant in November, 1994, to wool sheared from live animals, and to cloth and items made thereof, including luxury handicrafts and knitted articles; the reverse side of cloth and cloth products must bear the logo adopted by countries signatory to the Convenio para la Conservacion y Manejo de la Vicuna and the words, “VICUNA-PERU-ARTESANIA”; all specimens not meeting any of the above conditions shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly)] Vicuna II 7/1/75 CLASS AVES: BIRDS: Order Struthioniformes: Ostriches: Struthio camelus (populations of Algeria, Burkina Faso, Cameroon, Central African Republic, Chad, Mali, Mauritania, Morocco, Niger, Nigeria, Senegal, and Sudan) Ostrich I 7/29/83 Order Rheiformes Rheas: Pterocnemia pennata (see Rhea pennata) Rhea americana (all subspecies except that with earlier date in App. II) Greater rhea, Common rhea II 7/14/76 R. americana albescens Greater rhea II 7/1/75 R. pennata (except subspecies listed below) Lesser rhea I 6/28/79 R. pennata garleppi Lesser rhea I 7/1/75 R. pennata pennata (Argentina only) Darwin's rhea II 7/1/75 R. pennata pennata (except population of Argentina) Darwin's rhea I 7/1/75 Order Tinamiformes: Tinamous: Tinamus solitarius Solitary tinamou I 7/1/75 Order Sphenisciformes: Penguins: Spheniscus demersus Jackass penguin, Blackfooted Cape penguin II 7/1/75 S. humboldti Humboldt penguin I 6/6/81 Order Podicipediformes: Grebes: Podilymbus gigas Atitlan grebe I 7/1/75 Order Procellariiformes: Albatrosses, Shearwaters, Petrels: Diomedea albatrus Short-tailed albatross I 7/1/75 Order Pelecaniformes: Tropicbirds, Pelicans, Frigatebirds: Fregata andrewsi Andrew's frigatebird I 7/1/75 Papasula abbotti Abbott's booby I 7/1/75 Pelecanus crispus Dalmatian pelican I 7/1/75 Sula abbotti (see Papasula abbotti) Order Ciconiiformes: Herons, Storks, Ibises, Flamingos: Ardea goliath Goliath heron III (Ghana) 2/26/76 Balaeniceps rex Whale-headed stork II 10/22/87 Bostrychia hagedash Hadada ibis III (Ghana) 2/26/76 B. rara Spotted-breasted ibis III (Ghana) 2/26/76 Bubulcus (=Ardeola) ibis Cattle egret III (Ghana) 2/26/76 Casmerodius (=Egretta) albus Great white egret III (Ghana) 2/26/76 Ciconia boyciana Oriental white stork I 7/1/75 C. ciconia boyciana (see C. boyciana) C. nigra Black stork II 7/1/75 Egretta garzetta Little egret III (Ghana) 2/26/76 Ephippiorhynchus senegalensis Saddlebill stork III (Ghana) 2/26/76 Eudocimus ruber Scarlet ibis II 10/22/87 Geronticus calvus Southern bald ibis II 7/1/75 G. eremita Northern bald ibis, Hermit ibis I 6/28/79 Hagedashia hagedash (see Bostrychia hagedash) Jabiru mycteria Jabiru I 8/1/85 Lampribis rara (see Bostrychia rara) Leptoptilos crumeniferus Marabou stork III (Ghana) 2/26/76 Mycteria cinerea Milky wood stork I 10/22/87 Nipponia nippon Japanese crested ibis I 7/1/75 Phoenicopteridae spp. (except species or populations with an earlier date in App. II) Flamingos II 7/29/83 Phoenicopterus andinus Andean flamingo II 7/1/75 P. chilensis Chilean flamingo II 7/1/75 P. jamesi James flamingo II 7/1/75 P. ruber ruber American flamingo II 6/28/79 Platalea leucorodia White spoonbill II 7/1/75 Threskiornis aethiopicus Sacred ibis III (Ghana) 2/26/76 Order Anseriformes: Ducks, Geese, Swans, Screamers: Alopochen aegyptiacus Egyptian goose III (Ghana) 2/26/76 Anas acuta Northern pintail III (Ghana) 2/26/76 A. aucklandica (=chlorotis, =nesiotis) Brown teal I 7/1/75 A. bernieri Madagascar teal II 7/1/75 A. capensis Cape wigeon III (Ghana) 2/26/76 A. chlorotis (see A. aucklandica) A. clypeata Northern shoveler III (Ghana) 2/26/76 A. crecca Green-winged teal III (Ghana) 2/26/76 A. formosa Baikal teal II 6/11/92 A. laysanensis (=A. platyrhynchos laysanensis) Laysan duck I 7/1/75 A. nesiotis (see A. aucklandica) A. oustaleti (=A. platyrhynchos oustaleti) Marianas mallard I 7/1/75 A. penelope Europeon wigeon III (Ghana) 2/26/76 A. querquedula Garganey III (Ghana) 2/26/76 Aythya nyroca White-eyed pochard III (Ghana) 2/26/76 Branta canadensis leucopareia Aleutian Canada goose I 7/1/75 B. ruficollis Red-breasted goose II 7/1/75 B. (=Nesochen) sandvicensis Hawaiian goose, Nene I 7/1/75 Cairina moschata Muscovy duck III (Honduras) 4/13/87 C. scutulata White-winged duck I 7/1/75 Coscoroba coscoroba Coscoroba swan II 7/1/75 Cygnus melanocorypha Black-necked swan II 7/1/75 Dendrocygna arborea Cuban tree duck, West Indian whistling-duck II 7/1/75 D. autumnalis Black-bellied whistling-duck III (Honduras) 4/13/87 D. bicolor (=fulva) Fulvous whistling-duck III (Ghana and Honduras) 2/26/76 D. viduata White-faced whistling-duck III (Ghana) 2/26/76 Nettapus auritus African pygmy goose III (Ghana) 2/26/76 Oxyura leucocephala White-headed duck II 7/29/83 Plectropterus gambensis Spur-winged goose III (Ghana) 2/26/76 Pteronetta hartlaubii Hartlaub's duck III (Ghana) 2/26/76 Rhodonessa caryophyllacea Pink-headed duck I pe 7/1/75 Sarkidiornis melanotos Comb duck II 7/1/75 Order Falconiformes: Hawks, Falcons, Vultures, Eagles: All species except those in App. I, or with earlier date in App. II, and except Cathartidae species not specifically listed below All species except New World vultures not specifically listed below II 6/28/79 Accipitridae spp. (all South American populations) Hawks, Harriers II 10/28/76 Accipiter gentilis Northern goshawk II 2/4/77 A. gundlachi Gundlach's hawk II 2/4/77 A. nisus European sparrow hawk II 2/4/77 Aegypius monachus European black vulture, Cinerous vulture II 2/4/77 Aquila spp. (all species except those in App. I or with earlier date in App. II) Eagles II 2/4/77 A. adalberti (=A. heliaca adalberti) Imperial eagle I 2/4/77 A. chrysaetos Golden eagle II 7/1/75 A. heliaca Imperial eagle I 2/4/77 Chondrohierax uncinatus wilsonii Cuban hook-billed kite I 2/4/77 Circaetus spp. Snake-eagles II 2/4/77 Circus spp. Harriers II 2/4/77 Falconidae spp. (all species in family except those in App. I) Falcons, Caracaras II 7/1/75 Falco araea Seychelles kestrel I 7/1/75 F. jugger Laggar falcon I 7/1/75 F. newtoni (Seychelles population) (=F.newtoni aldabranus) Aldabra kestrel I 7/1/75 F. pelegrinoides (=F. peregrinus pelegrinoides) Barbary falcon I 7/1/75 F. peregrinus Peregrine falcon I 7/1/75 F. punctatus Mauritius kestrel I 7/1/75 F. rusticolus Gyrfalcon I 7/1/75 Gymnogyps californianus California condor I 7/1/75 Gypaetus barbatus Lammergeier II 2/4/77 Gyps fulvus Griffon vulture II 2/4/77 Haliaeetus spp. (except species in App. I) Sea-eagles, Fish-eagles II 2/4/77 H. albicilla (except subspecies listed below) White-tailed eagle I 2/4/77 H. albicilla greenlandicus Greenland white-tailed sea-eagle I 7/1/75 H. leucocephalus (except subspecies listed below) Bald eagle I 2/4/77 H. leucocephalus leucocephalus Southern bald eagle I 7/1/75 Harpia harpyja Harpy eagle I 7/1/75 Harpyopsis novaeguineae New Guinea harpy eagle II 2/4/77 Milvus milvus Red kite II 2/4/77 Pandion haliaetus Osprey II 2/4/77 Pithecophaga jefferyi Monkey-eating eagle I 7/1/75 Sagittarius serpentarius Secretary bird II 2/26/76 Sarcoramphus papa King vulture III (Honduras) 4/13/87 Vultur gryphus Andean condor I 7/1/75 Order Galliformes: Pheasants, Curassows, Megapodes, Hoatzin: Aburria (see Pipile) Agelastes meleagrides White-breasted guineafowl III (Ghana) 2/26/76 Agriocharis ocellata Ocellated turkey III (Guatemala) 4/23/81 Arborophila orientalis (=brunneopectus) Bar-backed partridge, Bare-throated tree-partridge III (Malaysia) 11/13/86 A. (=Tropicoperdix) charltonii Scaly-breasted partridge, Chestnut-breasted tree-partridge III (Malaysia) 11/13/86 Argusianus argus Great argus pheasant II 7/1/75 Caloperdix oculea Ferruginous wood-partridge III (Malaysia) 11/13/86 Catreus wallichi Cheer pheasant I 7/1/75 Colinus virginianus ridgwayi Masked bobwhite I 7/1/75 Crax alberti Blue-knobbed curassow III (Colombia) 9/21/88 C. blumenbachii Red-billed curassow I 7/1/75 C. daubentoni Yellow-knobbed curassow III (Colombia) 9/21/88 C. globulosa Wattled curassow III (Colombia) 9/21/88 C. mitu mitu (see Mitu mitu mitu) C. pauxi (see Pauxi pauxi) C. rubra Great curassow III (Colombia, Costa Rica, Guatemala, and Honduras) 10/28/76 Crossoptilon crossoptilon White-eared pheasant I 7/1/75 C. harmani (=C. crossoptilon harmani) Elwes's eared-pheasant I 7/1/75 C. mantchuricum Brown-eared pheasant I 7/1/75 Gallus sonneratii Gray jungle fowl II 7/1/75 Ithaginis cruentus Blood pheasant II 7/1/75 Lophophorus impejanus Himalayan monal I 7/1/75 L. lhuysii Chinese monal I 7/1/75 L. sclateri Sclater's monal I 7/1/75 Lophura edwardsi Edward's pheasant I 7/1/75 L. erythrophthalma Crestless fireback III (Malaysia) 11/13/86 L. ignita Crested fireback III (Malaysia) 11/13/86 L. imperialis Imperial pheasant I 7/1/75 L. swinhoii Swinhoe's pheasant I 7/1/75 Macrocephalon maleo Maleo megapode I 7/1/75 Melanoperdix nigra Black wood-partridge III (Malaysia) 11/13/86 Mitu mitu mitu Mitu, Razor-billed curassow I 7/1/75 Oreophasis derbianus Horned guan I 7/1/75 Ortalis vetula Plain chachalaca III (Guatemala, Honduras) 4/23/81 Pauxi pauxi Northern helmeted curassow III (Colombia) 9/21/88 Pavo muticus Green peafowl II 2/4/77 Penelope albipennis White-winged guan I 6/6/81 P. purpurascens Northern crested guan III (Honduras) 4/13/87 Penelopina nigra Black chachalaca, Highland guan III (Guatemala) 4/23/81 Pipile jacutinga Black-fronted piping-guan I 7/1/75 P. pipile pipile Trinidad white-headed curassow I 7/1/75 Polyplectron bicalcaratum Gray peacock-pheasant II 7/1/75 P. emphanum Palawan peacock-pheasant I 7/1/75 P. germaini Germain's peacock-pheasant II 7/1/75 P. inopinatum Rothschild's peacock-pheasant, Mountain peacock pheasant III (Malaysia) 11/13/86 P. malacense Malaysian peacock-pheasant II 7/1/75 P. schleiermacheri (=P. malacense schleiermacheri) Bornean peacock-pheasant II 7/1/75 Rheinardia ocellata (=R. nigrescens) Rheinard's crested argus, Crested argus pheasant I 11/13/86 Rhizothera longirostris Long-billed wood-partridge III (Malaysia) 11/13/86 Rollulus roulroul Crested wood-partridge, Roulroul, Green-winged wood partridge III (Malaysia) 11/13/86 Syrmaticus ellioti Elliot's pheasant I 7/1/75 S. humiae Bar-tailed pheasant I 7/1/75 S. mikado Mikado pheasant I 7/1/75 Tetraogallus caspius Caspian snowcock I 7/1/75 T. tibetanus Tibetan snowcock I 7/1/75 Tragopan blythii Blyth's tragopan I 7/1/75 T. caboti Cabot's tragopan I 7/1/75 T. melanocephalus Western tragopan I 7/1/75 T. satyra Satyr tragopan III (Nepal) 11/16/75 Tympanuchus cupido attwateri Attwater's greater prairie chicken I 7/1/75 Order Gruiformes: Cranes, Rails, Bustards: Anthropoides (see Grus) Ardeotis nigriceps Great Indian bustard I 7/1/75 Balearica regulorum Crowned crane II 7/1/75 Chlamydotis undulata Houbara bustard I 7/1/75 Choriotis (see Ardeotis) Eupodotis bengalensis Bengal florican I 7/1/75 Gallirallus sylvestris Lord Howe wood rail I 7/1/75 Gruidae spp. (all species and subspecies except those in App. I and those with earlier date in App. II) Cranes II 8/1/85 Grus americana Whooping Crane I 7/1/75 G. canadensis nesiotes Cuba sandhill crane I 7/1/75 G. canadensis pratensis Florida sandhill crane II 7/1/75 G. canadensis pulla Mississippi sandhill crane I 7/1/75 G. japonensis Manchurian crane I 7/1/75 G. leucogeranus Siberian white crane I 7/1/75 G. monacha Hooded crane I 7/1/75 G. nigricollis Black-necked crane I 7/1/75 G. vipio White-naped crane I 7/1/75 G. virgo Demoiselle crane II 7/29/83 Houbaropsis (see Eupodotis) Otididae spp. (all species except those in App. I or with earlier date in App. II) Bustards II 10/22/87 Otis tarda Great bustard II 7/1/75 Rhynochetos jubatus Kagu I 7/1/75 Tricholimnas sylvestris (see Gallirallus sylvestris) Order Charadriiformes: Shorebirds, Gulls, Terns, Skimmers, Auks: Burhinus bistriatus Double-striped thick-knee, Mexican stone curlew III (Guatemala) 4/23/81 Larus relictus Relict gull I 7/1/75 Numenius borealis Eskimo curlew I 7/1/75 N. tenuirostris Slender-billed curlew I 7/1/75 Tringa guttifer Nordmann's greenshank I 7/1/75 Order Columbiformes: Pigeons, Doves, Sand-grouse: Caloenas nicobarica Nicobar pigeon I 6/28/79 Columba guinea Speckled pigeon III (Ghana) 2/26/76 C. iriditorques Bronze-necked pigeon, Bronze-naped pigeon III (Ghana) 2/26/76 C. livia Rock dove III (Ghana) 2/26/76 C. mayeri Pink pigeon III (Mauritius) 12/4/75 C. unicincta African wood pigeon III (Ghana) 2/26/76 Ducula mindorensis Mindoro imperial pigeon I 7/1/75 Gallicolumba luzonica Bleeding-heart pigeon II 7/1/75 Goura spp. Crowned pigeons II 7/1/75 Nesoenas mayeri (see Columba mayeri) Oena capensis Namaqua dove, Masked dove III (Ghana) 2/26/76 Streptopelia decipiens African mourning dove, Mourning collared dove III (Ghana) 2/26/76 S. roseogrisea African turtle dove, African collared dove III (Ghana) 2/26/76 S. semitorquata Red-eyed dove III (Ghana) 2/26/76 S. senegalensis Laughing dove III (Ghana) 2/26/76 S. turtur Turtle dove III (Ghana) 2/26/76 S. vinacea Vinaceous dove III (Ghana) 2/26/76 Treron calva African green pigeon III (Ghana) 2/26/76 T. waalia Yellow-bellied green pigeon III (Ghana) 2/26/76 Turtur abyssinicus Black-billed wood dove III (Ghana) 2/26/76 T. afer Blue-spotted wood dove III (Ghana) 2/26/76 T. brehmeri Blue-headed wood dove III (Ghana) 2/26/76 T. tympanistria Tambourine dove III (Ghana) 2/26/76 Order Psittaciformes: Parrots, Parakeets, Macaws, Lories, Cockatoos, etc.: All species in order except those in App. I or with earlier date in App. II, and except Melopsittacus undulatus, Nymphicus hollandicus, and Psittacula krameri. However, the latter is listed separately in App. III All Parrots, Parakeets, Macaws, Lories, Cockatoos, etc. not listed below (not including the Budgerigar, Cockatiel, and Rose-ringed parakeet) II 6/6/81 Amazona arausiaca Red-necked parrot I 6/6/81 A. barbadensis Yellow-shouldered parrot I 6/6/81 A. brasiliensis Red-tailed parrot I 6/6/81 A. dufresniana rhodocorytha (see A. rhodocorytha) A. guildingii St. Vincent parrot I 7/1/75 A. imperialis Imperial parrot, Sisserou I 7/1/75 A. leucocephala Cuban parrot I 7/1/75 A. pretrei Red-spectacted parrot I 7/1/75 A. rhodocorytha Red-browed parrot I 7/1/75 A. tucumana Tucuman parrot I 6/6/81 A. versicolor St. Lucia parrot I 7/1/75 A. vinacea Vinaceous parrot I 7/1/75 A. viridigenalis Red-crowned (= Green-cheeked) parrot I 6/6/81 A. vittata Puerto Rican parrot I 7/1/75 Anodorhynchus glaucus Glaucous macaw I 7/1/75 A. hyacinthinus Hyacinth macaw I 6/6/81 A. leari Lear's macaw, Indigo macaw I 7/1/75 Ara ambigua Buffon's macaw, Great green macaw I 10/28/76 A. glaucogularis Caninde macaw I 6/6/81 A. macao Scarlet macaw I 10/28/76 A. maracana Illiger's macaw I 6/6/81 A. militaris Military macaw I 6/6/81 A. rubrogenys Red-fronted macaw I 6/6/81 Aratinga guarouba Golden parakeet I 7/1/75 Cacatua goffini Goffin's cockatoo I 6/6/81 C. haematuropygia Red-vented cockatoo I 6/6/81 C. moluccensis Moluccan cockatoo I 6/6/81 C. (=Kakatoe) tenuirostris Long-billed corella, Slender-billed cockatoo II 2/4/77 Calyptorhynchus lathami Glossy black cockatoo II 2/4/77 Coracopsis nigra (Seychelles population) Seychelles vasa parrot II 7/1/75 Cyanoliseus patagonus byroni Burrowing parakeet II 6/28/79 Cyanopsitta spixii Spix's macaw I 7/1/75 Cyanoramphus auriceps forbesi Forbes' parakeet, Yellow-fronted parakeet I 7/1/75 C. auriceps malherbi Orange-fronted parakeet II 7/1/75 C. cookii Norfolk parakeet I 7/1/75 C. malherbi (see C. auriceps malherbi) C. novaezelandiae New Zealand parakeet, Red-fronted parakeet I 7/1/75 C. unicolor Antipodes green parakeet II 7/1/75 Cyclopsitta diophthalma coxeni Coxen's fig parrot I 2/4/77 Eos histrio Red and blue lory I 6/6/81 Eunymphicus cornutus (except subspecies listed below) Horned parakeet II 7/1/75 Eunymphicus cornutus cornutus Horned parakeet I 7/1/75 Eunymphicus cornutus uveaensis Horned parakeet I 7/1/75 Geopsittacus occidentalis (see Pezoporus occidentalis) Neophema chrysogaster Orange-bellied parakeet I 7/1/75 N. splendida Scarlet-chested parakeet II 7/1/75 Northiella haematogaster narethae Blue-bonnet parrot II 2/4/77 Ognorhynchus icterotis Yellow-eared parrot I 6/6/81 Opopsitta (see Cyclopsitta) Pezoporus occidentalis Night parrot, Australian night parrot I pe 7/1/75 P. wallicus Ground parrot I 2/4/77 Pionopsitta pileata Red-capped parrot, Pileated parrot I 7/1/75 Poicephalus robustus Cape parrot II 7/1/75 Polytelis alexandrae Princess parrot II 2/4/77 Probosciger aterrimus Great black cockatoo, Palm cockatoo I 7/1/75 Prosopeia personata Masked shining parrot, Yellow-breasted musk parrot II 7/1/75 Psephotus chrysopterygius Golden-shouldered parakeet I 7/1/75 P. dissimilis Hooded parrot I 7/1/75 P. pulcherrimus Paradise parakeet I pe 7/1/75 P. haematogaster narethae (see Northiella) Psittacula echo (=P. krameri echo) Rose-ringed parakeet I 7/1/75 P. krameri Ring-neck parakeet III (Ghana) 2/26/76 Psittacus erithacus princeps Principe parrot II 7/1/75 Pyrrhura cruentata Blue-throated parakeet, Ochre-marked parakeet I 7/1/75 Rhynchopsitta pachyrhyncha Thick-billed parrot I 7/1/75 R. terrisi (=R. pachyrhyncha terrisi) Maroon-fronted parrot I 6/6/81 Strigops habroptilus Kakapo, Owl parrot I 7/1/75 Tanygnathus lucionensis Blue-naped parrot II 2/4/77 Vini ultramarina Ultramarine lorikeet I 6/6/81 Order Cuculiformes: Cuckoos, Plantain-eaters, Turacos: Corythaeola cristata Great blue turaco III (Ghana) 2/4/77 Crinifer piscator Gray plantain eater III (Ghana) 2/4/77 Musophaga (=Tauraco, =Gallirex) porphyreolopha Violet-crested turaco II 7/1/75 M. violacea Violet turaco III (Ghana) 2/4/77 Tauraco spp. (except those with earlier date in App. II or III) Turacos, Louries II 2/16/95 T. corythaix Knysna turaco II 2/4/77 T. macrorhynchus Yellow-billed turaco II 2/4/77 Order Strigiformes: Owls: All species except those in App. I or with earlier date in App. II All Owls not listed below II 6/28/79 Athene blewitti Forest little owl, Forest spotted owlet I 6/28/79 Bubo ascalaphus Pharaoh eagle owl II 2/4/77 B. bengalensis Rock eagle owl II 2/4/77 B. bubo Eurasian eagle owl II 2/4/77 Mimizuku gurneyi Giant scops owl I 7/1/75 Ninox novaeseelandiae undulata Great hawk-owl I 2/4/77 N. squamipila natalis Great hawk-owl, Moluccan hawk-owl I 2/4/77 Nyctea scandiaca Snowy owl II 2/4/77 Otus gurneyi (see Mimizuku gurneyi) O. nudipes newtoni Virgin Island screech owl II 7/1/75 Strigidae (all species native to Ghana) Owls II 2/26/76 Strix butleri Hume's wood owl II 2/4/77 S. nebulosa Great gray owl II 11/16/75 Tytonidae (all species native to Ghana) Barn owls II 2/26/76 Tyto soumagnei Madagascar red owl I 2/4/77 Order Apodiformes: Swifts, Hummingbirds: Glaucis (see Ramphodon) Ramphodon dohrnii Hook-billed hermit I 7/1/75 Trochilidae spp. Hummingbirds II 10/22/87 Order Trogoniformes: Trogons: Pharomachrus mocinno Resplendent quetzal I 7/1/75 Order Coraciiformes: Hornbills, Kingfishers, Rollers, Bee-eaters, Motmots: Aceros spp. (all species except those in App. I or with earlier date in App. II) Hornbills II 6/11/92 A. narcondami Narcondam hornbill II 7/1/75 A. nipalensis Rufous-necked hornbill I 6/11/92 A. subruficollis Plain-pouched hornbill I 6/11/92 Anorrhinus (=Ptilolaemus) spp. Hornbills II 6/11/92 Anthracoceros spp. Hornbills, Pied hornbills II 6/11/92 Buceros spp. (all species and subspecies except those in App. I or with earlier date in App. II) Giant hornbills II 6/11/92 B. bicornis Great hornbill I 7/1/75 B. hydrocorax hydrocorax Luzon-Marinduque rufous hornbill II 7/1/75 B. rhinoceros (except subspecies with earlier date) Rhinoceros hornbill II 1/18/90 B. rhinoceros rhinoceros Malay rhinoceros hornbill II 7/1/75 B. (=Rhinoplax) vigil Helmeted hornbill I 7/1/75 Penelopides spp. Hornbills II 6/11/92 Order Piciformes: Woodpeckers, Toucans, Jacamars, Barbets: Baillonius bailloni Saffron toucanet III (Argentina) 6/11/92 Campephilus imperialis Imperial woodpecker I 7/1/75 Dryocopus javensis richardsi Tristam's white-bellied woodpecker I 7/1/75 Pteroglossus aracari Black-necked aracari II 6/11/92 P. castanotis Chestnut-eared aracari III (Argentina) 6/11/92 P. viridis Green aracari II 6/11/92 Ramphastos dicolorus Red-breasted toucan III (Argentina) 6/11/92 R. sulphuratus Keel-billed toucan II 4/23/81 R. toco Toco toucan II 6/11/92 R. tucanus Red-billed toucan II 6/11/92 R. vitellinus Channel-billed toucan II 6/11/92 Selenidera maculirostris Spot-billed toucanet III (Argentina) 6/11/92 Semnornis ramphastinus Toucan barbet III (Colombia) 5/28/89 Order Passeriformes: Perching birds, Songbirds: Agelaius (=Xanthopsar) flavus Saffron-cowled blackbird I 7/14/76 Amadina fasciata Cut-throat III (Ghana) 2/26/76 Amandava formosa Green avadavat II 9/18/97 A. subflava Zebra waxbill III (Ghana) 2/26/76 Amblyospiza albifrons Grosbeak weaver III (Ghana) 2/26/76 Anaplectes rubriceps Red-headed malimbe III (Ghana) 2/26/76 Anomalospiza imberbis Parasitic weaver III (Ghana) 2/26/76 Atrichornis clamosus Noisy scrub-bird I 7/1/75 Bebrornis rodericanus Rodriquez Island warbler III (Mauritius) 12/4/75 Bubalornis albirostris Buffalo weaver III (Ghana) 2/26/76 Carduelis (=Spinus) cucullata Red siskin I 7/1/75 C. (=Spinus) yarrellii Yellow-faced siskin II 7/1/75 Cephalopterus ornatus Amazonian umbrellabird III (Colombia) 9/21/88 C. penduliger Long-wattled umbrellabird III (Colombia) 9/21/88 Cotinga maculata Banded cotinga I 7/1/75 Cyornis ruckii Rueck's blue flycatcher, Niltava II 7/1/75 Dasyornis broadbenti litoralis Western rufous bristlebird I pe 7/1/75 D. longirostris (=D. brachypterus longirostris) Western bristlebird I 7/1/75 Estrilda astrild Common waxbill III (Ghana) 2/26/76 E. caerulescens Lavender waxbill, Lavender fire-finch III (Ghana) 2/26/76 E. melpoda Orange-cheeked waxbill III (Ghana) 2/26/76 E. troglodytes Black-rumped waxbill III (Ghana) 2/26/76 Euplectes afer Yellow-crowned bishop III (Ghana) 2/26/76 E. ardens Red-collared whydah III (Ghana) 2/26/76 E. franciscanus Red bishop, Orange bishop III (Ghana) 2/26/76 E. hordeaceus Black-winged red bishop III (Ghana) 2/26/76 E. macrourus Yellow-mantled whydah III (Ghana) 2/26/76 E. orix (see E. franciscanus) Garrulax canorus Hwamei II 7/19/00 Gracula religiosa Hill myna II 6/11/92 Gubernatrix cristata Yellow cardinal II 7/14/76 Lagonosticta larvata (see L. vinacea) L. rara Black-bellied waxbill III (Ghana) 2/26/76 L. rubricata African waxbill III (Ghana) 2/26/76 L. rufopicta Bar-breasted waxbill III (Ghana) 2/26/76 L. senegala Red-billed fire finch, Red-billed waxbill III (Ghana) 2/26/76 L. vinacea Vinaceous waxbill III (Ghana) 2/26/76 Leiothrix argentaurius Silver-eared mesia II 9/18/97 L. lutea Pekin robin II 9/18/97 Leucopsar rothschildi Rothschild's starling, Myna I 7/1/75 Lichenostomus melanops cassidix Helmeted honeyeater I 7/1/75 Liocichla omeiensis Omei Shan liocichla II 9/18/97 Lonchura bicolor Black-and white mannikin III (Ghana) 2/26/76 L. cantans White-throated munia, African silverbill III (Ghana) 2/26/76 L. cucullata Bronze mannikin III (Ghana) 2/26/76 L. fringilloides Magpie mannikin, Pied mannikin III (Ghana) 2/26/76 L. malabarica (see L. cantans) Malimbus cassini Cassin's malimbe III (Ghana) 2/26/76 M. malimbicus Crested malimbe III (Ghana) 2/26/76 M. nitens Gray's malimbe III (Ghana) 2/26/76 M. rubriceps (see Anaplectes rubriceps) M. rubricollis Red-headed weaver III (Ghana) 2/26/76 M. scutatus Red-vented malimbe III (Ghana) 2/26/76 Mandingoa nitidula Green-backed twin-spot III (Ghana) 2/26/76 Meliphaga cassidix (see Lichenostomus melanops cassidix) Nesocharis capistrata Gray-headed olive-back III (Ghana) 2/26/76 Nigrita bicolor Chestnut-breasted negro-finch III (Ghana) 2/26/76 N. canicapilla Gray-headed negro-finch III (Ghana) 2/26/76 N. fusconota White-breasted negro-finch III (Ghana) 2/26/76 N. luteifrons Pale-fronted negro-finch III (Ghana) 2/26/76 Niltava (=Muscicapa) (see Cyornis) Ortygospiza atricollis Common quail-finch III (Ghana) 2/26/76 Pachyphantes superciliosus Compact weaver III (Ghana) 2/26/76 Padda oryzivora Java sparrow II 9/18/97 Paradiseidae spp. (all species in family) Birds of paradise II 7/1/75 Parmoptila rubrifrons (=woodhousei) Jameson's antpecker, Flowerpecker weaver-finch III (Ghana) 2/26/76 Paroaria capitata Yellow-billed cardinal II 10/22/87 P. coronata Red-crested cardinal II 10/22/87 Passer griseus Gray-headed sparrow III (Ghana) 2/26/76 Petronia dentata Bush petronia III (Ghana) 2/26/76 Pholidornis rushiae Tit-hylia III (Ghana) 2/26/76 Picathartes gymnocephalus Bare-headed rockfowl, White-necked rockfowl I 7/1/75 P. oreas Gray-necked rockfowl, Red-headed rockfowl I 7/1/75 Pitta brachyura nympha (see P. nympha) P. guajana Blue-tailed pitta, Banded pitta II 12/7/87 P. gurneyi Gurney's pitta I 12/7/87 P. kochi Koch's pitta I 7/1/75 P. nympha Fairy pitta, Blue-winged pitta II 7/1/75 Plocepasser superciliosus Chestnut-crowned sparrow-weaver III (Ghana) 2/26/76 Ploceus albinucha White-naped black weaver III (Ghana) 2/26/76 P. aurantius Orange weaver III (Ghana) 2/26/76 P. cucullatus Black-headed weaver III (Ghana) 2/26/76 P. heuglini Heuglin's masked weaver III (Ghana) 2/26/76 P. luteolus Little weaver III (Ghana) 2/26/76 P. melanocephalus Yellow-backed weaver III (Ghana) 2/26/76 P. nigerrimus Viellot's weaver III (Ghana) 2/26/76 P. nigricollis Black-necked weaver III (Ghana) 2/26/76 P. pelzelni Slender-billed weaver III (Ghana) 2/26/76 P. preussi Golden-backed weaver III (Ghana) 2/26/76 P. superciliosus (see Pachyphantes superciliosus ) P. tricolor Yellow-mantled weaver III (Ghana) 2/26/76 P. vitellinus (=P. velatus) Vitelline masked weaver III (Ghana) 2/26/76 Poephila cincta cincta Black-throated finch, Parson finch II 10/17/80 Pseudochelidon sirintarae White-eyed river martin I 7/1/75 Pycnonotus zeylanicus Straw-headed bulbul II 9/18/97 Pyrenestes ostrinus Black-bellied seedcracker III (Ghana) 2/26/76 Pytilia hypogrammica Yellow-winged pytilia III (Ghana) 2/26/76 P. phoenicoptera Red-winged pytilia III (Ghana) 2/26/76 Quelea erythrops Red-headed quelea III (Ghana) 2/26/76 Rupicola spp. Cocks-of-the-rock II 7/1/75 Serinus canicapillus (=gularis) West African seedeater III (Ghana) 2/26/76 S. leucopygius White-rumped seedeater III (Ghana) 2/26/76 S. mozambicus Yellow-fronted canary III (Ghana) 2/26/76 Spermophaga haematina Blue-bill III (Ghana) 2/26/76 Sporopipes frontalis Speckled-fronted weaver III (Ghana) 2/26/76 Tangara fastuosa Seven-colored tanager II 9/18/97 Tchitrea (see Terpsiphone) Terpsiphone bourbonnensis Coq de Boise, Mascarene paradise flycatcher III (Mauritius) 12/4/75 Uraeginthus bengalus Red-cheeked cordon-bleu III (Ghana) 2/26/76 Vidua (=Hypochera) chalybeata Village indigobird III (Ghana) 2/26/76 V. interjecta Uelle paradise whydah III (Ghana) 2/26/76 V. larvaticola Bako indigobird III (Ghana) 2/26/76 V. macroura Pin-tailed whydah III (Ghana) 2/26/76 V. orientalis (=paradisaea) Northern paradise whydah III (Ghana) 2/26/76 V. raricola Jambandu indigobird III (Ghana) 2/26/76 V. togoensis Togo paradise whydah III (Ghana) 2/26/76 V. wilsoni Wilson's indigobird III (Ghana) 2/26/76 Xanthopsar (see Agelaius) Xipholena atropurpurea White-winged cotinga I 7/1/75 Zosterops albogularis White-chested white-eye, Norfolk Island white-eye I 7/1/75 CLASS REPTILIA: REPTILES: Order Testudinata: Turtles, Tortoises: Apalone ater Cuatro Cienegas softshell turtle I 7/1/75 Aspideretes gangeticus Indian soft-shell turtle I 7/1/75 Aspideretes hurum Peacock soft-shell turtle I 7/1/75 Aspideretes nigricans Black soft-shell turtle I 7/1/75 Batagur baska River terrapin, Tuntong I 7/1/75 Callagur borneoensis Painted terrapin II 9/18/97 Cheloniidae spp. (all species in family) Sea turtles I 7/1/75 Chersina (=Testudo) spp. Bow-sprit tortoises II 7/1/75 Clemmys insculpta Wood turtle II 6/11/92 C. muhlenbergi Bog turtle I 7/1/75 Cuora spp. Asian box turtles II 7/19/00 Dermatemys mawii Central American river turtle II 6/6/81 Dermochelys coriacea Leatherback sea turtle I 7/1/75 Erymnochelys madagascariensis Madagascar turtle II 7/1/75 Geochelone spp. (except species listed below) Land tortoises II 7/1/75 G. sulcata [zero quota for wild specimens] African spurred tortoise II 7/1/75 G. (=Testudo) nigra (=elephantopus) Galapagos tortoise I 7/1/75 G. (=Testudo) radiata Madagascar radiated tortoise I 7/1/75 G. (=Testudo) yniphora Angulated tortoise I 7/1/75 Geoclemys (=Damonia) hamiltonii Spotted pond turtle I 7/1/75 Gopherus spp. (except species listed below) Gopher tortoises II 7/1/75 G. flavomarginatus Bolson tortoise I 7/1/75 Homopus spp. African parrot-beaked tortoises II 7/1/75 Kachuga tecta Indian sawback turtle I 7/1/75 Kinixys spp. Hinged-back tortoise II 7/1/75 Lissemys punctata (all subspecies except punctata) Indian flap-shell tortoise II 2/16/95 L. p. punctata Indian flap-shell tortoise II 7/1/75 Malacochersus spp. Pancake tortoises II 7/1/75 Melanochelys (=Geoemyda) tricarinata Three-keeled Asian turtle I 7/1/75 Morenia ocellata Burmese peacock turtle I 7/1/75 Pelomedusa subrufa Helmeted terrapin III (Ghana) 2/26/76 Peltocephalus dumeriliana Big-headed Amazon River turtle II 7/1/75 Pelusios adansonii Adanson's hinged terrapin III (Ghana) 2/26/76 P. castaneus Brown hinged terrapin, Swamp hinged terrapin III (Ghana) 2/26/76 P. gabonensis Gabon hinged terrapin III (Ghana) 2/26/76 P. niger Black hinged terrapin III (Ghana) 2/26/76 Podocnemis spp. South American turtles II 7/1/75 Psammobates (=Testudo) geometricus Geometric turtle I 2/4/77 Pseudemydura umbrina Short-necked swamp turtle I 7/1/75 Pyxis spp. Madagascar spider tortoises II 7/1/75 Terrapene spp. (all species except those in App. I) Box turtles II 2/16/95 T. coahuila Aquatic box turtle I 7/1/75 Testudinidae spp. (all species except those in App. I or with earlier date in App. II) Land tortoises II 2/4/77 Testudo spp. (all species except those in App. I) Land tortoises II 7/1/75 T. kleinmanni Egyptian tortoise I 2/4/77 Trionyx ater (see Apalone ater) T. gangeticus (see Aspideretes gangeticus) T. hurum (see Aspideretes hurum) T. nigricans (see Aspideretes nigricans) T. triunguis Three-clawed turtle III (Ghana) 2/26/76 Order Crocodylia: Crocodiles, Alligators, Caimans, Gavials: Alligatoridae spp. (all species in family except those in App. I or with earlier date in App. II) All Alligators, Caimans not listed below II 2/4/77 Alligator mississippiensis American alligator II 7/1/75 A. sinensis Chinese alligator I 7/1/75 Caiman crocodilus apaporiensis Apaporis River caiman I 7/1/75 C. crocodilus crocodilus Common caiman, Spectacled caiman II 7/1/75 C. crocodilus fuscus (including C. crocodilus chiapasius) Brown caiman II 7/1/75 C. crocodilus yacare (=C. yacare) Yacare II 7/1/75 C. latirostris (except population of Argentina) Broad-snouted caiman I 7/1/75 C. latirostris (population of Argentina, subject to ranching provisions) Broad-snouted caiman II 7/1/75 Crocodylidae spp. (all species in family except those in App. I or with earlier date in App. II) All Crocodiles not listed below II 2/4/77 Crocodylus acutus American crocodile I 7/1/75 C. cataphractus African slender-snouted crocodile I 7/1/75 C. intermedius Orinoco crocodile I 7/1/75 C. johnsoni Johnson's crocodile II 7/1/75 C. moreletii Morelet's crocodile I 7/1/75 C. niloticus (except those populations in App. II) Nile crocodile I 7/1/75 C. niloticus (populations of Botswana, Kenya, Malawi, South Africa, Zambia, and Zimbabwe, subject to ranching provisions) Nile crocodile II 7/1/75 C. niloticus (population of Ethiopia, Madagascar, Mozambique, Tanzania, and Uganda, subject to annual export quota) Nile crocodile II 7/1/75 C. novaeguineae (except subspecies listed below) New Guinea crocodile, Freshwater crocodile II 7/1/75 C. novaeguineae mindorensis Philippine crocodile I 7/1/75 C. palustris Mugger crocodile I 7/1/75 C. porosus (except populations of Australia, Papua New Guinea, and Indonesia) Saltwater crocodile I 7/1/75 C. porosus (Australia and Papua New Guinea populations) Saltwater crocodile II 7/1/75 C. porosus (Indonesian population subject to ranching provisions) Saltwater crocodile II 7/1/75 C. rhombifer Cuban crocodile I 7/1/75 C. siamensis Siamese crocodile I 7/1/75 Gavialis gangeticus Gavial, Gharial I 7/1/75 Melanosuchus niger (except for population of Ecuador) Black caiman I 7/1/75 M. niger (population of Ecuador, subject to a zero annual export quota until a different quota has been approved by the Secretariat) Black caiman II 7/1/75 Osteolaemus tetraspis (except subspecies listed below) Dwarf crocodile I 2/4/77 O. tetraspis osborni Dwarf crocodile I 7/1/75 O. tetraspis tetraspis Dwarf crocodile I 7/1/75 Paleosuchus trigonatus Smooth-fronted caiman II 7/1/75 Tomistoma schlegelii Tomistoma, False gavial I 7/1/75 Order Rhynchocephalia: Tuatara: Sphenodon spp. Tuataras I 7/1/75 Order Sauria: Lizards: Amblyrhynchus cristatus Galapagos marine iguana II 7/1/75 Brachylophus spp. Fiji iguanas I 6/6/81 Bradypodion spp. Chameleons II 2/4/77 Calumma spp. Chamaeleons II 2/4/77 Chamaeleo spp. Chamaeleons II 2/4/77 Cnemidophorus hyperythrus Orange-throated whiptail lizard II 7/1/75 Conolophus spp. (except species listed below) Land lizards II 2/4/77 C. pallidus Barrington Island land lizard II 7/1/75 C. subcristatus Galapagos land iguana II 7/1/75 Cordylus spp. Girdled lizards II 6/6/81 Corucia zebrata Prehensile-tailed skink II 6/11/92 Crocodilurus lacertinus Dragon lizardet II 2/4/77 Cyclura spp. Ground iguanas I 2/4/77 Cyrtodactylus serpensinsula Serpent Island gecko II 2/4/77 Dracaena spp. Caiman lizards II 2/4/77 Furcifer spp. Chamaeleons II 2/4/77 Gallotia simonyi Hierro giant lizard I 10/22/87 Heloderma spp. Beaded lizards, Gila monster II 7/1/75 Iguana spp. Iguanas II 2/4/77 Phelsuma spp. Day geckos II 2/4/77 Phrynosoma coronatum (except subspecies with earlier date in App. II) Coastal horned lizards II 6/11/92 P. coronatum blainvillei San Diego horned lizard II 7/1/75 Podarcis lilfordi Lilford's wall lizard II 10/22/87 P. pityusensis Ibiza wall lizard II 10/22/87 Pseudocordylus spp. Crag lizards II 6/6/81 Sauromalus varius San Esteban Island chuckwalla I 6/6/81 Shinisaurus crocodilurus Chinese crocodile lizard II 1/18/90 Tupinambis spp. Tegu lizards II 2/4/77 Uromastyx spp. Spiny-tailed lizards II 2/4/77 Varanus spp. (all species except those in App. I) Monitor lizards II 7/1/75 V. bengalensis Indian monitor, Bengal monitor I 7/1/75 V. flavescens Yellow monitor I 7/1/75 V. griseus Desert monitor I 7/1/75 V. komodoensis Komodo Island monitor, Komodo dragon I 7/1/75 Order Serpentes: Snakes: Acrantophis spp. Madagascar boas I 2/4/77 Agkistrodon bilineatus Cantil III (Honduras) 4/13/87 Atretium schistosum Olive keelback water snake III (India) 2/12/84 Atropoides nummifer Jumping pit-viper III (Honduras) 4/13/87 Boa (=Constrictor) constrictor Boa constrictor II 7/1/75 Boa constrictor occidentalis Argentine boa constrictor I 2/4/77 Boidae spp. (all species except those in App. I or with earlier date in App. II) Boas II 2/4/77 Bolyeria multocarinata Round Island boa I 2/4/77 Bolyeriidae spp. (all species except those in App. I or with earlier date in App. II) Round island boas II 2/4/77 Bothriechis schlegelii Eyelash palm pit-viper III (Honduras) 4/13/87 Bothrops asper Terciopelo III (Honduras) 4/13/87 Bothrops nasutum (see Porthidium nasutum) B. nummifer (see Atropoides nummifer) B. ophryomegas (see Porthidium ophryomegas) B. schlegelii (see Bothriechis schlegelii) Casarea dussumieri Round Island boa I 2/4/77 Cerberus rhynchops Dog-faced water snake III (India) 2/12/84 Clelia (=Pseudoboa) clelia Mussurana snake II 7/1/75 Crotalus durissus Tropical rattlesnake, Cascabel III (Honduras) 4/13/87 Cyclagras (=Hydrodynastes) gigas South American false water cobra II 7/1/75 Daboia russellii Russell's viper III (India) 2/12/84 Elachistodon westermanni Indian egg-eating snake II 7/1/75 Epicrates cenchria cenchria Rainbow boa II 7/1/75 E. inornatus Puerto Rican boa I 2/4/77 E. monensis Mona boa I 2/4/77 E. subflavus Jamaican boa I 7/1/75 Eunectes notaeus Yellow anaconda II 7/1/75 Hoplocephalus bungaroides Broad-headed snake II 8/1/85 Loxocemidae spp. (all species except those in App. I or with earlier date in App. II) Mexican dwarf boas II 2/4/77 Micrurus diastema Atlanta coral snake III (Honduras) 4/13/87 M. nigrocinctus Black-banded coral snake III (Honduras) 4/13/87 Naja naja Indian cobra II 2/12/84 N. oxiana (see Naja naja) N. kaouthia (see Naja naja) Ophiophagus hannah King cobra II 2/12/84 Porthidium nasutum Rainforest hognosed pit-viper III (Honduras) 4/13/87 P. ophryomegas Slender hognosed pit-viper III (Honduras) 4/13/87 Ptyas mucosus Oriental rat snake, Whipsnake II 2/12/84 Python spp. (except subspecies listed below) Pythons II 7/1/75 Pythonidae spp. (all species except those in App. I or with earlier date in App. II) Pythons II 2/4/77 P. molurus molurus Indian python I 7/1/75 Sanzinia madagascariensis Tree boa I 2/4/77 Tropidophiidae spp. (all species except those in App. I or with earlier date in App. II) Small ground boas II 2/4/77 Vipera russellii (see Daboia russellii) V. ursinii (except USSR populations) Orsini's viper I 10/22/87 V. wagneri Wagner's viper II 6/11/92 Xenochrophis (=Natrix) piscator Checkered keelback water snake III (India) 2/12/84 CLASS AMPHIBIA: AMPHIBIANS: Order Caudata: Salamanders: Ambystoma dumerilii Lake Patzcuaro salamander II 7/1/75 A. mexicanum Axolotl II 7/1/75 Andrias spp. Giant salamanders I 7/1/75 Order Anura: Frogs, Toads: Atelopus varius zeteki Panamanian golden frog I 7/1/75 Bufo periglenes Monte Verde golden toad I 7/1/75 B. superciliaris Cameroon toad I 7/1/75 Dendrobates spp. Poison dart frogs, Poison arrow frogs II 10/22/87 Dyscophus antongilii Tomato frog I 10/22/87 Epipedobates spp. (see Dendrobates spp.) Mantella aurantiaca Malagasy golden mantella II 2/16/95 Mantella spp. (except species below) Mantella frogs II 7/19/00 Minyobates spp. (see Dendrobates spp.) Nectophrynoides spp. African viviparous toads I 7/1/75 Phyllobates spp. Poison arrow frogs II 10/22/87 Rana hexadactyla Asian bullfrog II 8/1/85 R. tigerina Indian bullfrog II 8/1/85 Rheobatrachus spp. Platypus frog II 8/1/85 CLASS OSTEICHTHYES: BONY FISHES: Order Ceratodontiformes (=Ceratodiformes): Lungfishes: Neoceratodus forsteri Australian lungfish II 7/1/75 Order Coelacanthiformes: Coelacanth: Latimeria spp. (except species below) Coelacanth I 7/19/00 Latimeria chalumnae Gombessa coelacanth I 7/1/75 Order Acipenseriformes (all species except those in App. I or with earlier date in App. II) All Sturgeons and Paddlefish not listed below II 4/1/98 Acipenser brevirostrum Short-nosed sturgeon I 7/1/75 A. oxyrhynchus Atlantic sturgeon II 7/1/75 A. sturio Baltic sturgeon I 7/1/75 Polyodon spathula Paddlefish II 6/11/92 Order Osteoglossiformes: Bonytongues: Arapaima gigas Arapaima II 7/1/75 Scleropages formosus Asian bonytongue I 7/1/75 Order Cypriniformes: Caecobarbus geertsi African blind barb, Congo blind barb II 6/6/81 Chasmistes cujus Cui-ui I 7/1/75 Probarbus jullieni Ikan temolek, Pla eesok I 7/1/75 Order Siluriformes: Catfishes: Pangasianodon gigas Thailand giant catfish I 7/1/75 Order Perciformes: Perch-like fishes: Cynoscion macdonaldi Totoaba I 2/4/77 PHYLUM ARTHROPODA: ARTHROPODS: CLASS Insecta: Insects: Bhutanitis spp. Bhutan glory swallowtails II 10/22/87 Ornithoptera spp. (all species except those in App. I or with earlier date in App. II) All Birdwing butterflies not listed below II 2/16/79 O. alexandrae Queen Alexandra's birdwing butterfly I 2/4/77 O. allotei Birdwing butterfly II 2/4/77 O. chimaera Birdwing butterfly II 2/4/77 O. goliath Birdwing butterfly II 2/4/77 O. meridionalis Birdwing butterfly II 2/4/77 O. paradisea Paradise birdwing butterfly II 2/4/77 O. victoriae Queen Victoria's birdwing butterfly II 2/4/77 Papilio chikae Luzon peacock swallowtail I 10/22/87 P. homerus Homerus swallowtail I 10/22/87 P. hospiton Corsican swallowtail I 10/22/87 Parnassius apollo Mountain apollo butterfly II 2/4/77 P. apollo apollo Mountain apollo butterfly II 7/1/75 Teinopalpus spp. Kaiser-I-Hind butterflies II 10/22/87 Trogonoptera spp. Birdwing butterflies II 2/16/79 Troides spp. Birdwing butterflies II 2/16/79 CLASS Arachnida: Arachnids: Brachypelma (=Euathlus) spp. (except species with earlier date in App. II) Red-kneed tarantulas II 2/16/95 B. smithi Red-kneed tarantula II 8/1/85 Pandinus dictator Emperor scorpion II 2/16/95 P. gambiensis Emperor scorpion II 2/16/95 P. imperator Emperor scorpion II 2/16/95 PHYLUM ANNELIDA: ANNELID WORMS: CLASS Hirudinea: Leeches: Order Arhynchobdelliformes: Rhynchobedellids: Hirudo medicinalis Medicinal leech II 10/22/87 PHYLUM MOLLUSCA: MOLLUSCS: CLASS Pelecypoda (=Bivalvia): Clams, Mussels: Conradilla caelata Birdwing pearly mussel I 7/1/75 Cyprogenia aberti Edible pearly mussel II 7/1/75 Dromus dromas Dromedary pearly mussel I 7/1/75 Epioblasma (=Dysnomia) curtisi (=E. florentina curtisi) Curtis' pearly mussel I 7/1/75 E. florentina (=E. florentina florentina) Yellow-blossom pearly mussel I 7/1/75 E. sampsoni Sampson's pearly mussel I 7/1/75 E. sulcata perobliqua White cat's paw mussel I 7/1/75 E. torulosa gubernaculum Green-blossom pearly mussel I 7/1/75 E. torulosa rangiana Tan-blossom pearly mussel II 7/1/75 E. torulosa torulosa Tuberculed-blossom pearly mussel I 7/1/75 E. turgidula Turgid-blossom pearly mussel I 7/1/75 E. walkeri Brown-blossom pearly mussel I 7/1/75 Fusconaia cuneolus Fine-rayed pigtoe mussel I 7/1/75 F. edgariana Shiny pigtoe mussel I 7/1/75 Hippopus spp. (see Tridacnidae spp.) Lampsilis higginsii Higgin's eye mussel I 7/1/75 L. orbiculata orbiculata Pink mucket mussel I 7/1/75 L. satur Plain pocketbook mussel I 7/1/75 L. virescens Alabama lamp pearly mussel I 7/1/75 Plethobasus cicatricosus White wartyback mussel I 7/1/75 P. cooperianus Orange-footed pimpleback mussel I 7/1/75 Pleurobema clava Club pearly mussel II 7/1/75 P. plenum Rough pigtoe mussel I 7/1/75 Potamilus (=Proptera) capax Fat pocketbook mussel I 7/1/75 Quadrula intermedia Cumberland monkey-face mussel I 7/1/75 Q. sparsa Appalachian monkey-face mussel I 7/1/75 Toxolasma (=Carunculina) cylindrella Pale lilliput pearly mussel I 7/1/75 Tridacna derasa Giant clam II 5/29/83 T. gigas Giant clam II 5/29/83 Tridacnidae spp. (includes all species in genera Hippopus and Tridacna except those with earlier date in App. II) Giant clams II 8/1/85 Unio (=Megalonaias) nickliniana Nicklin's pearly mussel I 7/1/75 U. (=Lampsilis or Cyrtonaias) tampicoensis tecomatensis Tampico pearly mussel I 7/1/75 Villosa (=Micromya) trabalis Cumberland bean mussel I 7/1/75 CLASS Gastropoda: Snails: Achatinella spp. Oahu tree snails I 10/22/87 Papustyla (=Papuina) pulcherrima Manus Island tree snail II 7/1/75 Strombus gigas Queen conch II 6/11/92 PHYLUM CNIDARIA (=COELENTERATA): CORAL-LIKE ANIMALS: CLASS Anthozoa: Corals, Sea anemones: Order Coenothecalia: All species in the Order (except those in genus with earlier date) II 1/18/90 Heliopora spp. Blue corals II 8/1/85 Order Stolonifera: Tubiporidae spp. (all species in family except genus with earlier date) II 1/18/90 Tubipora spp. Organ-pipe corals II 8/1/85 Order Antipatharia: Black corals: All species in the Order II 6/6/81 Order Scleractinia: Stony corals: All species in the Order (except the following genera with earlier date) II 1/18/90 Acropora spp. Staghorn corals II 8/1/85 Euphyllia spp. Trumpet corals II 8/1/85 Favia spp. Brain corals II 8/1/85 Fungia spp. Mushroom corals II 8/1/85 Halomitra spp. Bowl corals II 8/1/85 Lobophyllia spp. Brain corals II 8/1/85 Merulina spp. Merulinas II 8/1/85 Pavona spp. Cactus corals II 8/1/85 Pectinia spp. Lettuce corals II 8/1/85 Platygyra spp. Brain corals II 8/1/85 Pocillopora spp. Brush corals II 8/1/85 Polyphyllia spp. Feather corals II 8/1/85 Seriatopora spp. Birds nest corals II 8/1/85 Stylophora spp. Cauliflower corals II 8/1/85 CLASS Hydrozoa: Sea ferns, Fire corals, Stinging medusae: Order Milleporina (=Athecata): Milleporidae spp. (all species in family except genus with earlier date) II 1/18/90 Millepora spp. Fire corals II 8/1/85 Order Stylasterina: Stylasteridae spp. (all species in family). II 1/18/90 PLANT KINGDOM (note general exclusions and exceptions in introductory text): PLANTS: Family Agavaceae: Agave family: Agave arizonica New River agave I 7/29/83 A. parviflora Santa Cruz striped agave I 7/29/83 A. victoriae-reginae (=A. ferninandi-regis) Queen Victoria agave II 7/29/83 Nolina interrata Dehesa bear-grass I 7/29/83 Family Amaryllidaceae: Amaryllis family: Galanthus spp. (and their natural hybrids) Snowdrops II 1/18/90 Sternbergia spp. Sternbergias II 1/18/90 Family Apocynaceae: Dogbane family: Pachypodium spp. (except species listed in App. I) Pachypodiums II 7/1/75 P. ambongense (and its natural hybrids) I 7/1/75 P. baronii (and its natural hybrids) I 7/1/75 P. brevicaule (and its natural hybrids) II 7/1/75 P. decaryi (and its natural hybrids) I 7/1/75 Rauvolfia serpentina (except chemical derivatives and finished pharmaceutical products) Snake-root devil-pepper II 1/18/90 Family Araliaceae: Ginseng family: Panax ginseng [population of Russia] (whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas, and confectionery) Ginseng II 7/19/00 Panax quinquefolius (whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas, and confectionery). American ginseng II 7/1/75 Family Araucariaceae: Monkey-puzzle tree family: Araucaria araucana Monkey-puzzle tree I 7/1/75 Family Berberidaceae: Barberry family: Podophyllum hexandrum (=P. emodi, =Sinopodophyllum hexandrum) (except chemical derivatives and finished pharmaceutical products) Himalayan may-apple II 1/18/90 Family Bromeliaceae: Pineapple family: Tillandsia harrisii Harris tillandsia II 6/11/92 T. kammii Kamm tillandsia II 6/11/92 T. kautskyi Kautsky tillandsia II 6/11/92 T. mauryana Maury tillandsia II 6/11/92 T. sprengeliana Sprengel tillandsia II 6/11/92 T. sucrei Sucre tillandsia II 6/11/92 T. xerographica Xerographic tillandsia II 6/11/92 Family Cactaceae (note general exclusions and exceptions in the introductory text): Cactus family: All species except those in App. I, and except artificially propagated specimens of the following hybrids and/or cultivars: (1) Hatiora x graeseri (=H. gaertneri x H. rosea); (2) Schlumbergera (=Zygocactus) truncata cultivars and its hybrids with S. opuntoides (=S. x exotica),S. orssichiana, and S. russelliana (=S. x buckleyi); (3) Gymnocalycium mihanovichii cultivars lacking chlorophyll, grafted on Hatiora‘Jusbertii`, Hylocereus trigonus or H. undatus; and (4) Opuntia microdasys Cacti II 7/1/75 Ariocarpus spp. (includes Neogomesia sp. and Roseocactus spp.) Living-rock cacti I 7/1/75 Astrophytum (=Echinocactus) asterias Sea-urchin cactus, Star cactus I 7/1/75 Aztekium ritteri Aztec cactus I 7/1/75 Coryphantha (other than C. werdermannii) (see Escobaria) C. werdermannii (=C. densispina; Mammillaria w.) Jabali pincushion cactus I 7/1/75 Discocactus spp. Discocacti I 7/1/75 Echinocereus ferreirianus var. lindsayi (=E. lindsayi) Lindsay's hedgehog cactus I 7/1/75 E. (=Cereus, =Wilcoxia) schmollii Lamb's-tail cactus I 7/1/75 Escobaria leei (=E. sneedii var. leei) Lee pincushion cactus I 7/1/75 E. minima (=Coryphantha m., not Mammillaria m.; =C. nelliae, E. n., =Mammillaria n.) Nellie's corycactus I 7/1/75 E. sneedii, including E. s. var. leei (=Coryphantha s. var. l., =E. leei, =Mammillaria l.) and E. s. var. sneedii (=Coryphantha s., =Mammillaria s.) Sneed pincushion cactus I 7/1/75 Mammillaria pectinifera (=Solisia pectinata) Conchilinque I 7/1/75 M. solisioides Pitayita I 7/1/75 Melocactus conoideus Conelike Turk's-cap cactus I 7/1/75 M. deinacanthus Wonderfully bristled Turk's-cap cactus I 7/1/75 M. glaucescens Wooly waxy-stemmed Turk's-cap cactus I 7/1/75 M. paucispinus Few-spined Turk's-cap cactus I 7/1/75 Obregonia denegrii Artichoke cactus I 7/1/75 Pachycereus militaris (=Backebergia m., =Cephalocereus m., =Mitrocereus m., =Pachycereus chrysomallus) Teddy-bear cactus, Military cap I 7/1/75 Pediocactus (=Toumeya) bradyi Brady pincushion cactus I 7/1/75 P. despainii San Rafael cactus I 7/1/75 P. knowltonii (=P. bradyi var. k., =Toumeya k.) Knowlton cactus I 7/1/75 P. paradinei (=Pilocanthus p.) Houserock Valley cactus I 7/1/75 P. peeblesianus, including P. p. var. fickeiseniae (=Navajoa f., =Toumeya f.) and P. p. var. peeblesianus (=Echinocactus p., =Navajoa p., =Toumeya p., =Utahia p.) Fickeisen Navajo cactus, Peebles Navajo cactus I 7/1/75 P. sileri (=Echinocactus s., =Utahia s.) Siler pincushion cactus I 7/1/75 P. winkleri Winkler pincushion cactus I 7/1/75 Pelecyphora (=Encephalocarpus) spp. Hatchet cactus, Pinecone cactus, Peyotillo I 7/1/75 Sclerocactus brevihamatus subsp. tobuschii (=Ancistrocactus t., =Echinocactus t., =Ferocactus t., =Mammillaria t.) Tobusch fishhook cactus I 7/1/75 S. erectocentrus (=Echinocactus e., =Echinomastus e., =Neolloydia e., =Thelocactus e.; =Echinomastus acunensis, =Echinomastus e. var a., =Neolloydia e. var a.; =Echinocactus krausei, =Echinomastus k.) Redspine fishhook cactus I 7/1/75 S. glaucus (=S. franklinii; =Echinocactus g., =Ferocactus g., =Pediocactus g., =S. whipplei var. g.; =E. subglaucus; =S. wetlandicus; =S. w. var. ilseae) Uinta Basin hookless cactus I 7/1/75 S. (=Echinomastus, =Neolloydia) mariposensis Mariposa cactus I 7/1/75 S. mesae-verdae Mesa Verde cactus I 7/1/75 S. papyracanthus (=Echinocactus p., =Mammillaria p., =Pediocactus p., =Toumeya p.) Grama-grass cactus I 7/1/75 S. pubispinus Great Basin fishhook cactus I 7/1/75 S. wrightiae Wright's fishhook cactus I 7/1/75 Strombocactus spp. (=S. disciformis in broad sense) Disc cactus, Top cactus I 7/1/75 Turbinicarpus spp. (includes Gymnocactus spp., most Neolloydiaspp. [in sense of E.F. Anderson 1986], Normanbokea spp., and Rapicactusspp.) Turbinicarps I 7/1/75 Uebelmannia spp. Uebelmann cacti I 7/1/75 Family Caryocaraceae: Souari family: Caryocar costaricense Ajo II 7/1/75 Family Compositae (=Asteraceae): Aster family: Saussurea costus (=S. lappa) Costus, Kuth root I 7/1/75 Family Crassulaceae: Stonecrop family: Dudleya stolonifera Laguna Beach dudleya II 7/29/83 D. traskiae Santa Barbara Island dudleya I 7/29/83 Family Cupressaceae: Cypress family: Fitz-roya cupressoides Fitzroya, Alerce I 7/1/75 Pilgerodendron uviferum Pilgerodendron I 7/1/75 Family Cyatheaceae: Tree-fern family: Alsophila spp. (see Cyathea spp.) Cyathea spp. (includes Alsophila spp., Nephelea spp., Sphaeropteris spp., Trichipteris spp.) II 2/4/77 Cyathea (=Hemitelia) capensis II 7/1/75 C. dredgei II 7/1/75 C. mexicana II 7/1/75 C. (=Alsophila) salvini II 7/1/75 Nephelea spp. (see Cyathea spp.) Sphaeropteris spp. (see Cyathea spp.) Trichipteris spp. (see Cyathea spp.) Family Cycadaceae: Old World cycad family (see families Stangeriaceae and Zamiaceae for other cycads): All species in the family except species in App. I Cycads II 2/4/77 Cycas beddomei Beddome cycad I 2/4/77 Family Diapensiaceae: Diapensia family: Shortia galacifolia Oconee bells II 7/29/83 Family Dicksoniaceae: Tree-fern family: Cibotium barometz II 2/4/77 Dicksonia spp. (the Americas only) II 2/4/77 Family Didiereaceae: Alluaudia family: All species in the family Alluaudia II 2/4/77 Family Dioscoreaceae: Yam family: Dioscorea deltoidea Kniss, Kurta II 7/1/75 Family Droseraceae: Sundew family: Dionaea muscipula Venus flytrap II 6/11/92 Family Euphorbiaceae: Spurge family: Euphorbia spp., except those species in App. I, and excluding non-succulent species and artificially propagated specimens of Euphorbia trigona cultivars Euphorbias II 7/1/75 E. subgenus Lacanthis dwarf species in Madagascar and their natural hybrids as given below: Malagasy dwarf euphorbias as shown: E. ambovombensis (and its natural hybrids) I 7/1/75 E. capsaintemariensis (= E. decaryi var. c.) (and its natural hybrids) I 7/1/75 E. cremersii I 7/1/75 E. cylindrifolia (including subsp. tuberifera) (and its natural hybrids) I 7/1/75 E. decaryi (and its natural hybrids) (see also E. capsaintemariensis, formerly included in E. decaryi) I 7/1/75 E. francoisii (and its natural hybrids) I 7/1/75 E. moratii (and its natural hybrids) I 7/1/75 E. parvicyathophora (and its natural hybrids) I 7/1/75 E. quartziticola (and its natural hybrids) I 7/1/75 E. tulearensis (= E. capsaintemariensis var. tulearensis) (and its natural hybrids) I 7/1/75 Family Fouquieriaceae: Ocotillo family: Fouquieria columnaris Boojum tree II 7/29/83 F. fasciculata Arbol del barril I 7/29/83 F. purpusii I 7/29/83 Family Gnetaceae: Gnetum family: Gnetum montanum III (Nepal) 11/16/75 Family Juglandaceae: Walnut family: Oreomunnea (=Engelhardia) pterocarpa Gavilan II 7/1/75 Family Leguminosae (=Fabaceae): Pea family: Dalbergia nigra Brazilian rosewood I 6/11/92 Pericopsis elata (including logs, sawn wood, and veneer sheets, but not other parts or derivatives) Afrormosia II 6/11/92 Platymiscium pleiostachyum Cristobal, Granadillo II 7/1/75 Pterocarpus santalinus (only logs, wood-chips, and unprocessed broken material) Red sandalwood, Redsanders II 2/16/95 Family Liliaceae: Lily family: Aloe spp. (all except those in App. I, and excluding A. vera [=A. barbadensis] except A. vera var. chinensis) Aloes II 7/1/75 A. albida I 7/1/75 A. albiflora I 7/1/75 A. alfredii I 7/1/75 A. bakeri I 7/1/75 A. bellatula I 7/1/75 A. calcairophila I 7/1/75 A. compressa (incl. var. rugosquamosa, var.schistophila) I 7/1/75 A. delphinensis I 7/1/75 A. descoingsii I 7/1/75 A. fragilis I 7/1/75 A. haworthioides (incl. var. aurantiaca) I 7/1/75 A. helenae I 7/1/75 A. laeta (incl. var. maniensis) I 7/1/75 A. parallelifolia I 7/1/75 A. parvula I 7/1/75 A. pillansii Boomaalwyn I 7/1/75 A. polyphylla Spiral aloe I 7/1/75 A. rauhii I 7/1/75 A. suzannae I 7/1/75 A. thorncroftii I 7/1/75 A. versicolor I 7/1/75 A. vossii I 7/1/75 Family Magnoliaceae: Magnolia family: Magnolia (=Talauma) hodgsonii III (Nepal) 11/16/75 Family Meliaceae: Mahogany family: Swietenia humilis Pacific coast mahogany II 7/1/75 S. macrophylla (populations in the Americas, including logs, sawn wood, and veneer sheets, but not other parts or derivatives) Bigleaf mahogany III (Bolivia, Brazil, Costa Rica, Mexico) 11/16/95 S. mahagoni (including logs, sawn wood, and veneer sheets, but not other parts or derivatives) Caribbean mahogany II 6/11/92 Family Nepenthaceae: Old World pitcher-plant family: Nepenthes spp. (all species except those in App. I) Tropical pitcher plants II 10/22/87 N. khasiana Indian tropical pitcher plant I 10/22/87 N. rajah Giant tropical pitcher plant I 6/6/81 Family Orchidaceae (= Apostasiaceae, Cypripediaceae) (note general exclusions and exceptions in introductory text): Orchid family: All species except those in App. I Orchids II 7/1/75 Cattleya trianae Christmas orchid I 7/1/75 Dendrobium cruentum I 7/1/75 Laelia jongheana I 7/1/75 L. lobata I 7/1/75 Paphiopedilum spp. Asian tropical lady's slippers I 7/1/75 Peristeria elata Holy Ghost, Dove orchid I 7/1/75 Phragmipedium spp. (includes Mexipedium sp.) New World tropical lady's slippers I 7/1/75 Renanthera imschootiana I 7/1/75 Vanda coerulea Blue vanda I 7/1/75 Family Orobanchaceae: Broomrape family: Cistanche deserticola Desert cistanche II 7/19/00 Family Palmae (=Arecaceae): Palm family: Chrysalidocarpus decipiens II 2/4/77 Neodypsis decaryi Triangle palm II 7/1/75 Family Papaveraceae: Poppy family: Meconopsis regia III (Nepal) 11/16/75 Family Pinaceae: Pine family: Abies guatemalensis Guatemalan fir I 7/1/75 Family Podocarpaceae: Podocarp family: Podocarpus neriifolius III (Nepal) 11/16/75 P. parlatorei Parlatore's podocarp, Monteromero I 7/1/75 Family Podophyllaceae (see Berberidaceae) Family Portulacaceae: Portulaca family: Anacampseros spp. (including A. [= Grahamia]australiana, A. [=G.] kurtzii) II 7/1/75 Avonia spp. (formerly a part of Anacampseros spp.) II 7/1/75 Lewisia maguirei Maguire's lewisia II 7/29/83 L. serrata Saw-toothed lewisia II 7/29/83 Family Primulaceae: Primrose family: Cyclamen spp., excluding artificially propagated specimens of the cultivars of Cyclamen persicum (except when traded as dormant tubers) Cyclamens II 7/1/75 Family Proteaceae: Protea family: Orothamnus zeyheri Marsh-rose II 7/1/75 Protea odorata Ground-rose II 7/1/75 Family Ranunculaceae: Buttercup family: Adonis vernalis Spring adonis II 7/19/00 Hydrastis canadensis (whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas, and confectionery) Goldenseal II 9/18/97 Family Rosaceae: Rose family: Prunus africana African cherry II 2/16/95 Family Rubiaceae: Coffee family: Balmea stormiae Ayuque I 7/1/75 Family Sarraceniaceae: New World pitcher-plant family: Sarracenia spp. (all species and natural hybrids except species in App. I) Trumpet pitcher plants II 10/22/87 S. alabamensis subsp. alabamensis (=S. rubra subsp. alabamensis) Alabama canebrake pitcher plant I 6/6/81 S. jonesii (=S. rubra subsp. jonesii) Mountain sweet pitcher plant I 6/6/81 S. oreophila Green pitcher plant I 6/6/81 Family Scrophulariaceae: Figwort family: Picrorhiza kurrooa (whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas, and confectionery) Kutki II 9/18/97 Family Stangeriaceae: Stangeria family: Bowenia spp. (formerly in Zamiaceae) Bipinnate cycads II 2/4/77 Stangeria eriopus (=S. paradoxa) Stangeria, Fern-leafed cycad I 7/1/75 Family Taxaceae: Yew family: Taxus wallichiana (=T. baccata subs. wallichiana) (except chemical derivatives and finished pharmaceutical products) Himalayan yew II 2/16/95 Family Tetracentraceae: Tetracentron family: Tetracentron sinense Tetracentron III (Nepal) 11/16/75 Family Thymelaeaceae (=Aquilariaceae): Mezereon family: Aquilaria malaccensis Agarwood, Aloewood II 2/16/95 Family Valerianaceae: Valerian family: Nardostachys grandiflora (=Nardostachys jatamansi misapplied) (whole and sliced roots and parts of roots, excluding manufactured parts or derivatives such as powders, pills, extracts, tonics, teas, and confectionery) Himalayan nard or spikenard II 9/18/97 Family Welwitschiaceae: Welwitschia family: Welwitschia mirabilis (=W. bainesii) Welwitschia II 7/1/75 Family Zamiaceae: Cycad family: All species except those in App. I II 2/4/77 Ceratozamia spp. Ceratozamias, Horncones I 2/4/77 Chigua spp. I 2/4/77 Encephalartos spp. Bread palms, African cycads I 7/1/75 Microcycas calocoma Palma corcho, Microcycas I 7/1/75 Family Zingiberaceae: Ginger family: Hedychium philippinense Philippine garland flower II 7/1/75 Family Zygophyllaceae: Cresote-bush family: Guaiacum officinale Commoner lignum vitae II 6/11/92 G. sanctum Holywood lignum vitae II 7/1/75 [60 FR 52450, Oct. 6, 1995, as amended at 61 FR 6795, Feb. 22, 1996; 63 FR 26740, May 14, 1998; 63 FR 58327, Oct. 30, 1998; 63 FR 63212, 63214, Nov. 12, 1998; 64 FR 31991, June 15, 1999; 66 FR 27610, May 18, 2001]
Subpart D—Public Participation in the Development of Negotiating Positions for Meetings of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; Federal Agency Consultation Source:

45 FR 83238, Dec. 18, 1980, unless otherwise noted.

§ 23.31 Purpose of regulations.

The regulation contained in this subpart sets out procedures for participation of the public and consultation with appropriate Federal agencies in the Service's process of developing negotiating positions to be used by the representative of the United States to meetings of the Conference of the Parties to the Convention provided for by Article XI of the Convention.

§ 23.32 Notice of meeting of Conference of the Parties to the Convention.

(a) Upon receipt of a notice of a meeting to the Conference of the Parties to the Convention, the director shall publish in the Federal Register a notice setting forth the time and place of the meeting, and the proposed agenda, and inviting the public to comment and provide information on agenda items including, when appropriate, suggestions for additional agenda items.

(b) Upon receipt from the CITES Secretariat of a notice of additional agenda items, the Director shall publish in the Federal Register a notice inviting the public to comment and provide information on such items.

§ 23.33 Notice of proposed negotiating positions.

Subsequent to the comment period of the notice of meeting of the Conference of the Parties to the Convention, the Director shall publish in the Federal Register a notice of proposed negotiating positions setting forth a summary of the information and comments received in response to any of the notices mentioned in § 23.33, the negotiating positions which the Service proposes to use at the meetings of the Conference of the Parties to the Convention, and the basis thereof, and inviting information and comments on the proposed negotiating positions. The notice will also set forth the time and place of at least one public meeting to provide information and comments on the proposed negotiating positions of the Service.

§ 23.34 Public meetings.

The Service shall hold at least one public meeting to enable interested persons to provide information and comments on the proposed agenda and at least one such public meeting on the proposed negotiating positions of the Service. Written statements may be submitted to the Service before and at the meeting. Appointments to speak at the meetings may be made with the Federal Wildlife Permit Office, Washington, DC 20240 (703/235-2418). Participants without prior appointments will be given an opportunity to speak to the extent time allows following speakers with appointments.

§ 23.35 Notice of negotiating positions.

Subsequent to the comment period of the notice of proposed negotiating positions, and after all associated public meetings have been held, the Director shall publish in the Federal Register a notice setting forth (a) a summary of the information and comments received in response to the notice of proposed negotiationg positions, (b) a summary of negotiating positions of the Service to be used by the representative of the United States to the meeting of the Conference of the Parties to the Convention, and (c) the basis of such negotiating positions.

§ 23.36 Schedule of public meetings and notices.

The Director shall publish in the Federal Register a schedule, subject to change and modification, of all public meetings and notices related to preparation of negotiating positions for meetings of the Conference of the Parties to the Convention.

§ 23.37 Federal agency consultation.

The Service shall consult with appropriate Federal agencies in the development of negotiating positions.

§ 23.38 Modifications of procedures and negotiating positions.

(a) Any of the procedures in §§ 23.32 through 23.36 may be modified or suspended by the Director on notice published in the Federal Register where to follow the procedures would interfere with the timely or appropriate development of negotiating positions.

(b) Any of the negotiating positions set forth in a notice of negotiating positions may be modified, reversed or abandoned by the United States representative to a meeting of the Conference of the Parties to the Convention where to do so would be in the best interests of the United States.

§ 23.39 Notice of availability of official report.

After any meeting of the Conference of the Parties to the Convention attended by a United States representative, the Service shall publish a notice of availability of the official report of such representative and set forth how and where copies of such report can be obtained.

 Subpart E—Scientific Authority Advice [Reserved] Subpart F—Export of Certain Species Source:

45 FR 80446, Dec. 4, 1980, unless otherwise noted.

§ 23.51 American ginseng (Panax quinquefolius).

State populations for which the export of the indicated season's harvest may be permitted under § 23.15 of this part:

(a) 1978 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Missouri, New York, North Carolina, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.

Conditions on findings: Roots must be documented as to state of origin and season of collecting.

For further information see: 43 FR 29469, July 7, 1978; 43 FR 35013, Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978; and 43 FR 39305, Sept. 1, 1978.

(b) 1979 Harvest: Arkansas, Georgia, Illinois, Iowa, Kentucky, Maryland, Minnesota, Missouri, North Carolina, Ohio, Tennessee, Virginia, West Virginia, and Wisconsin.

Conditions on findings: Roots must be documented as to state of origin and season of collecting. Wild roots must be certified by the state as legally collected. For further information see: 44 FR 25384, Apr. 30, 1979; 44 FR 3107, June 1, 1979; and 44 FR 47912, Aug. 15, 1979.

(c) 1980 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa, Kentucky, Maryland, Minnesota, Missouri, New York, North Carolina, Ohio, Tennessee, Virginia, West Virginia, and Wisconsin.

Conditions on findings: Roots must be documented as to state or origin and season of collecting. Wild and cultivated roots must be certified by the state as legally collected, and such certification must be presented upon export.

(d) 1981 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa, Kentucky, Maryland, Minnesota, Missouri, North Carolina, Ohio, Tennessee, Vermont (artificially propagated ginseng only), Virginia, West Virginia, Wisconsin.

Condition on findings: Roots must be documented as to state of origin and season of collecting. Wild and cultivated roots must be certified by the state as legally collected and such certification must be presented upon export. Vermont is approved for export of artificially propagated ginseng roots only.

(e)(1) 1982-1993 harvests (wild and cultivated roots for each year unless noted).

State Harvest years 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 Alabama — — — — — — X X X X X X Arkansas X X X X X X X X X X X X Georgia X X X X X X X X X X X X Illinois X X X X X X X X X X X X Indiana X X X X X X X X X X X X Iowa X X X X X X X X X X X X Kentucky X X X X X X X X X X X X Maryland X X X X X X X X X X X X Minnesota X X X X X X X X X X X X Missouri X X X X X X X X X X X X New York — — — — — — X X X X X X North Carolina X X X X X X X X X X X X Ohio X X X X X X X X X X X X Pennsylvania — — — — — — X X X X X X Tennessee X X X X X X X X X X X X Vermont X X X X X X X X X X X X Virginia X X X X X X X X X X X X West Virginia X X X X X X X X X X X X Wisconsin X X X X X X X X X X X X X: Export approval granted for wild and cultivated ginseng harvested in State indicated. —: Export not requested or not granted. a: Export approval only for artificially propagated (cultivated) ginseng harvested in State indicated.

(2) Conditions on export: All plants and roots must be documented as to State of origin, season of collection, and dry or green (fresh) weight. The State must certify whether roots and plants originated in that State, are wild or cultivated (artificially propagated) specimens, and were legally obtained in a particular season. Such State certification, a current Federal export document, an executed dealer or exporter's invoice, and the ginseng must be presented upon export. All other export procedures must be followed as described by the Service in this rule. The State must maintain ginseng management and harvest programs, as described by the Service in this rule, and annual ginseng program data for the preceding harvest season should be available to the Office of Management Authority by May 31 of each year. Export procedures must be completed as outlined and discussed in this paragraph.

Note.—American ginseng purchased from non-export approved States by State-registered ginseng dealers for domestic use and commerce must be reported to the State of registration, along with all other ginseng commerce. Such ginseng is not eligible for export from the United States and must be dealer-maintained physically separated from that ginseng eligible for export from this country so that there is no chance of intermingling the specimens.

 [45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 49 FR 34023, Aug. 24, 1984; 50 FR 39696, Sept. 30, 1985; 50 FR 42027, Oct. 17, 1985; 53 FR 33819, Sept. 1, 1988; 56 FR 41810, Aug. 23, 1991; 63 FR 63212, Nov. 12, 1998]
§ 23.52 Bobcat (Lynx rufus).

States for which the export of the indicated season's harvest may be permitted under § 23.15 of this part:

(a) States and Harvest Seasons Approved for Export of Bobcat From the United States.

1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1983 and subsequent 1987 and subsequent 1988 and subsequent Alabama + + + + + + + + + Arizona + + + + + + + + + Arkansas + + + + + + + + + California + + + + + + + + + Colorado + + + + + + + + + Florida + + E + + + + + + Georgia + + + + + + + + + Idaho + + + + + + + + + Kansas + + + + + + + + + Kentucky − − − − − − − + + Klamath Tribe − − − − + + + + + Louisiana + + + + + + + + + Maine + + + + + + + + + Massachusetts + + E + + + + + + Michigan + + + + + + + + + Minnesota + + + + + + + + + Mississippi + + + + + + + + + Missouri − − − + + + + + + Montana + + + + + + + + + Navajo Nation + + + + + + + + + Nebraska + + + + + + + + + Nevada + + + + + + + + + New Hampshire − − − + + + + + + New Mexico + + E + + + + + + New York + + + + + + + + + North Carolina + + + + + + + + + North Dakota + + E + + + + + + Oklahoma − − + + + + + + + Oregon + + E(1) + + + + + + Penobscot Nation − − − − − − + + + South Carolina + + + + + + + + + South Dakota + + + + + + + + + Tennessee + + + + + + + + + Texas + + E(2) + + + + + + Utah − − + + + + + + + Vermont + + + + + + + + + Virginia + + + + + + + + + Washington + + + + + + + + + West Virginia + + + + + + + + + Wisconsin + E + + + + + + + White Mt Tribe − − − − − − − + + Wind River Reservation − − − − − − − − + Wisconsin + + E + + + + + + Wyoming + + + + + + + + + + Export approval. − Export not approved. E 1979-80 bobcat export enjoined by U.S. District Court, District of Columbia. E(1) As above but for eastern portion of State. E(2) As above but for high plains ecological area.

(b) Condition on export: Each pelt must be clearly identified as to species; State, Indian Tribe, or Indian Nation of origin; and season of taking by a permanently attached, serially numbered tag of a type approved by and attached under conditions established by the Service. Exception to tagging requirement: finished furs and fully manufactured fur products may only be exported from the United States when the State, Indian Tribe, or Indian Nation export tags, removed from the hides used to manufacture the product being exported, are surrendered to the Service at the time of export. Such tags must be removed by cutting the tag strap on the female side next to the locking socket of the tag so the locking socket and locking tip remain joined.

[45 FR 80446, Dec. 4, 1980, as amended at 54 FR 985, Jan. 11, 1989]
§ 23.53 River otter (Lontra canadensis)

States for which we permit the export of the indicated season's take under § 23.15 of this part:

(a) States and Indian Nations, and Seasons Approved for Export of River Otter From the United States:

1977-78 1 1978-79 2 1979-80 3 1980-81 1981-82 1982-83 1983-84 and
  • future
    •  1995-96 and
  • future
    •  1996-98 and
  • future
    •  1998-99 and
  • future
    •      Alabama Q + + + + + + + + + Alaska + + + + + + + + + + Arkansas Q + + + + + + + + + Connecticut Q + + + + + + + + + Delaware Q + + + + + + + + + Florida Q + + + + + + + + + Georgia Q + + + + + + + + + Louisiana Q + + + + + + + + + Maine Q + + + + + + + + + Maryland Q + + + + + + + + + Massachusetts Q + + + + + + + + + Michigan Q + + + + + + + + + Minnesota Q + + + + + + + + + Mississippi Q + + + + + + + + + Missouri − − − − − − − − + 5 + Montana Q + + + + + + + + + New Hampshire Q + + + + + + + + + New Jersey − − − − − + + + + + New York Q + + + + + + + + + North Carolina Q + + + + + + + + + Oregon Q + + + + + + + + + Penobscot Nation − − − − − − + + + Rhode Island Q + − − − − − − − − South Carolina Q + + + + + + + + + Tennessee − − − − − − − + 4 + + Vermont Q + + + + + + + + + Virginia Q + + + + + + + + + Washington Q + + + + + + + + + Wisconsin Q + + + + + + + + + 1 For further information, see 42 FR 43729, Aug. 30, 1977; 43 FR 11081, Mar. 16, 1978; and 43 FR 29469, July 7, 1978. 2 For further information, see 43 FR 11096, Mar. 16, 1978; 43 FR 13913, Apr. 3, 1978; 43 FR 15097, Apr. 10, 1978; 43 FR 29469, July 7, 1978; 43 FR 35013, Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978; and 43 FR 39305, Sept. 1, 1978. 3 For further information, see 44 FR 25383, Apr. 30, 1979; 44 FR 31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 1979; and 44 FR 55540, Sept. 26, 1979. 4 Export for 1994-95 approved administratively (for Tennessee). 5 Export for 1996-97 and 1997-98 approved administratively (for Missouri). Q Export approved with quota. + Export approved. − Export not approved.

    (b) Condition on export: Exporters must clearly identify each pelt as to species, State or Indian Nation of origin, and season of taking by permanently attaching a serially numbered tag of a type approved and provided by the Service and attached under conditions established by the Service. Exception to the tagging requirement: We will allow the export of fully manufactured fur or hide products from the United States only when the CITES export tags removed from the hides prior to manufacture are surrendered to us prior to export. Such tags must be removed by cutting the tag straps on the side next to the locking socket of the tag, so that the locking socket and locking tip remain joined.

    [64 FR 774, Jan. 6, 1999]
    § 23.54 Lynx (Lynx canadensis).

    States for which the export of the indicated season's harvest may be permitted under § 23.15 of this part:

    (a) 1977-78 Harvest: Alaska (open), Idaho (Quota 25), Minnesota (Q 25), Montana (Q 200), Washington (Q 35).

    For further information: See 42 FR 43729, Aug. 30, 1977; 43 FR 11081, Mar. 16, 1978; and 43 FR 29469, July 7, 1978.

    (b) 1978-79 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.

    Condition on findings: Pelts must be clearly identified as to state of origin and season of taking.

    For further information: See 43 FR 11096, Mar. 16, 1978; 43 FR 13913, Apr. 3, 1978, 43 FR 15097, Apr. 10, 1978; 43 FR 29469, July 7, 1978; 43 FR 35013, Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978, and 43 FR 39305, Sept. 1, 1978.

    (c) 1979-80 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.

    Conditions on findings: Pelts must be clearly identified as to state of origin and state of taking, including tagging according to standards and conditions established by the Service.

    For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR 31585, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 1979; and 44 FR 55540, Sept. 26, 1979.

    (d) 1980-81 Harvest: Alaska, Minnesota, Montana.

    Condition on finding: Pelts must be clearly identified as to state of origin and season of taking, including tagging according to conditions established by the Service.

    (e) 1981-82 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.

    Condition on findings: Pelts must be clearly identified as to state of origin and season of taking, including tagging according to conditions established by the Service.

    (f) 1982-83 Harvest: Alaska, Idaho, Minnesota, Montana, and Washington.

    Condition on export: Each pelt must be clearly identified as to state of origin and season of taking by a permanently attached state tag of a type approved by the Service and attached under conditions established by the Service.

    (g) 1983-84 and Subsequent Harvests: Alaska, Idaho, Minnesota, Montana, and Washington.

    Condition on export: Each pelt must be clearly identified as to species, State of origin and season of taking by a permanently attached, serially numbered tag of a type approved by the Service and attached under conditions established by the Service. Exception to tagging requirement: for the 1983-84 and previous seasons, finished furs and fully manufactured fur products may be exported from the U.S. when accompanied by the State tags removed in a manner described by the Service from pelts contained in the products, such tags must be removed by cutting the tag strap on the female side next to the locking socket of the tag so that the locking socket and locking tip remain joined, and such tags must be surrendered to the Service prior to export.

     [45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47 FR 54970, Dec. 7, 1982; 49 FR 594, Jan. 5, 1984]
    § 23.55 Gray wolf (Canis lupus).

    State for which the export of the indicated season's harvest may be permitted under § 23.15 of this part:

    (a) 1977-78 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state of Alaska.

    (b) 1978-79 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state of Alaska.

    (c) 1979-80 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state of Alaska.

    For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR 31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 1979; and 44 FR 55540, Sept. 26, 1979.

    (d) 1980-81 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state of Alaska.

    (e) 1981-82 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the State of Alaska.

    (f) 1982-83 Harvest: Alaska.

    Condition on export: Each pelt must be clearly identified as to state of origin and season of taking by a permanently attached state tag of a type approved by the Service and attached under conditions established by the Service.

    (g) 1983-84 and Subsequent Harvests: Alaska.

    Condition on export: Each pelt must be clearly identified as to species, State of origin and season of taking by a permanently attached, serially numbered State tag of a type approved and attached under conditions established by the Service. Exception to tagging requirement: for the 1983-84 and previous seasons, finished furs and fully manufactured fur products may be exported from the U.S. when accompanied by the State tags removed in a manner described by the Service from pelts contained in the products, such tags must be removed by cutting the tag strap on the female side next to the locking socket of the tag so that the locking socket and locking tip remain joined, and such tags must be surrendered to the Service prior to export.

     [45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47 FR 54970, Dec. 7, 1982; 49 FR 594, Jan. 5, 1984]
    § 23.56 Brown bear (Ursus arctos).

    State for which the export of the indicated season's harvest may be permitted under § 23.15 of this part:

    (a) 1977-78 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state of Alaska.

    (b) 1978-79 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state of Alaska.

    (c) 1979-80 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state of Alaska.

    For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR 31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 1979; and 44 FR 55540, Sept. 26, 1979.

    (d) 1980-81 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state of Alaska.

    (e) 1981-82 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the State of Alaska.

    (f) 1982-83 Harvest: Alaska.

    Condition on export: Each pelt must be clearly identified as to state of origin and season of taking by a permanently attached state tag of a type approved by the Service and attached under conditions established by the Service.

    (g) 1983-84 and Subsequent Harvests: Alaska.

    Condition on export: Each pelt must be clearly identified as to species, State of origin and season of taking by a permanently attached, serially numbered State tag of a type approved by the Service and attached under conditions established by the Service.

     [45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47 FR 54971, Dec. 7, 1982; 49 FR 595, Jan. 5, 1984]
    § 23.57 American alligator (Alligator mississippiensis).

    States for which the export of the indicated season's harvest may be permitted under § 23.15 of this part:

    (a) 1979-1997 harvests (wild and farm-raised for each year unless noted).

    AL AR FL GA LA MS SC TX 1979 − − + − + − − − 1980 − − + − + − − − 1981 − − + − + − − − 1982 − − + − + − − − 1983 − − + − + − − − 1984 − − + − + − − + 1985 − − + − + − − + 1986 − − + − + − − + 1987 − − + − + − − + 1988 − − + + + − + + 1989 + − + + + + + + 1990 + − + + + + + + 1991 + − + + + + + + 1992 + − + + + + + + 1993 + − + + + + + + 1994 + F + + + + + + 1995 + F + + + + + + 1996 + F + + + + + + 1997 + F + + + + + + + = export approved. F = export approved for farm-raised only. − = export not approved.

    (b) Condition on initial export from the United States. (1) Each hide (full skin) must be clearly identified by a durable, permanently locking Convention export tag bearing a legend showing the US-CITES logo, State of origin, species, year of take, and a unique serial number. The tag must be inserted through the hide and permanently locked in place using the locking mechanism of the tag and in accordance with State requirements. Hides with broken tags may not be exported. Prior to export and upon submission of documentation to show legality of the hide, broken tags may be replaced with CITES replacement tags. Hides with valid CITES replacement tags are eligible for export.

    (2) US-CITES export tags that were removed from the hides used to manufacture products to be exported must be surrendered to the Service prior to the export of those products.

    (3) Meat from legally harvested and tagged alligators shall be packed in State-uniform containers, permanently sealed and labeled as required by State law. Bulk meat containers shall be marked with a State “parts tag” or “bulk meat tag” permanently attached indicating, at a minimum, State of origin, year of take, species, original hide export tag number, weight of meat in the container, and identification of State licensed processor or packer.

    (4) Small parts such as tails, throats, feet, or backstrips shall be packed in transparent, sealed containers clearly marked with a parts tag. Parts tags shall supply at a minimum the State of origin, species, original hide export tag number, and weight of the parts in the container.

    (5) American alligator skulls shall be marked as required by State law. This marking shall include, at a minimum, reference to a valid US-CITES tag number.

    [53 FR 30683, Aug. 15, 1988, as amended at 54 FR 33233, Aug. 14, 1989; 57 FR 21899, May 26, 1992; 60 FR 43407, 43408, Aug. 21, 1995]
    Pt. 24 PART 24—IMPORTATION AND EXPORTATION OF PLANTS Subpart A—Introduction Sec. 24.1 Purpose of regulations. 24.2 Scope of regulations. Subpart B—Importation and Exportation at Designated Ports 24.11 General restrictions. 24.12 Designated ports. Authority:

    Secs. 9(f)(1), 11(f), Pub. L. 93-205, 87 Stat 893, 897 (16 U.S.C. 1538(f)(1), 1540(f)).

     Source:

    49 FR 42941, Oct. 25, 1984, unless otherwise noted.

    Subpart A—Introduction
    § 24.1 Purpose of regulations.

    The regulations contained in this part are for the purpose of establishing ports for the importation, exportation and reexportation of plants.

    § 24.2 Scope of regulations.

    The provisions in this part are in addition to, and do not supersede, other regulations in this chapter. Also, the U.S. Department of Agriculture administers the Plant Quarantine Act, as amended (7 U.S.C. 151 et seq.), the Federal Plant Pest Act, as amended (7 U.S.C. 150aa et seq.), and the Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et seq.), which contain authority for additional prohibitions and restrictions, including additional port of entry requirements, for the importation or exportation of plants (See 7 CFR chapter III for regulations containing prohibitions and restrictions under these authorities).

     Subpart B—Importation and Exportation at Designated Ports
    § 24.11 General restrictions.

    No person shall import, export, or reexport plants at any place other than at a port designated in 24.12 (hereinafter “designated port”) in accordance with the provisions of this part, unless otherwise specifically authorized by the Service at a nondesignated port in accordance with section 9(f)(1) of the Endangered Species Act of 1973, as amended.

    § 24.12 Designated ports.

    (a) The following U.S. Department of Agriculture ports are designated ports for the importation, exportation, or reexportation of plants which are listed in 50 CFR 17.12 and/or 23.23 and which are required to be accompanied by documentation under 50 CFR part 17 and/or 23:

    Nogales, Arizona Los Angeles, California San Diego, California San Francisco, California Miami, Florida Orlando, Florida Honolulu, Hawaii New Orleans, Louisiana Hoboken, New Jersey (Port of New York) Jamaica, New York San Juan, Puerto Rico Brownsville, Texas El Paso, Texas Houston, Texas Seattle, Washington

    (b) The U.S. Department of Agriculture ports at Hilo, Hawaii, and Chicago, Illinois, are designated ports for the importation, exportation, or reexportation of plants of the family Orchidaceae (orchids) which are listed in 50 CFR 17.12 or 23.23 and which are required to be accompanied by documentation under 50 CFR part 17 or 23.

    (c) The U.S. Department of Agriculture ports at Atlanta, Georgia; Chicago, Illinois; Baltimore, Maryland; St. Louis, Missouri; and Milwaukee, Wisconsin; are designated ports for the importation, exportation or reexportation of roots of American ginseng (Panax quinquefolius) listed in 50 CFR 23.23 and which are required to be accompanied by documentation under 50 CFR part 17 or 23.

    (d) The U.S. Department of Agriculture ports at Detroit and Port Huron, Michigan; Buffalo, New York; Rouses Point, New York; and Blaine, Washington, are designated ports for the importation from Canada of plants which are listed in 50 CFR 17.12 or 23.23 and which are required to be accompanied by documentation under 50 CFR part 17 or 23, and for the exportation or reexportation to Canada of plants which are listed in 50 CFR 17.12 or 23.23 and which are required to be accompanied by documentation under 50 CFR part 17 or 23.

    (e) The U.S. Department of Agriculture ports at Mobile, Alabama; Fort Lauderdale (=Port Everglades), Jacksonville, and Panama City, Florida; Savannah, Georgia; Baltimore, Maryland; Gulfport, Mississippi; Wilmington and Morehead City, North Carolina; Portland, Oregon; Philadelphia, Pennsylvania; Charleston, South Carolina; Laredo, Texas; Norfolk, Virginia; and Vancouver, Washington, are designated ports for the importation of logs and lumber from trees which are listed in the appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or in 50 CFR 17.12 or 23.23 and which are required to be accompanied by documentation under 50 CFR part 17 or 23.

    (f) The U.S. Department of Agriculture port at Wilmington, North Carolina, is a designated port for the exportation of plants of the species Dionaea muscipula (Venus flytrap), which is listed in appendix II to CITES and which is required to be accompanied by documentation under 50 CFR part 23.

    (g) All U.S. Customs designated ports of entry on the United States-Canadian border (Customs designated ports of entry are listed in 19 CFR part 101) and the following U.S. Department of Agriculture ports are designated ports for the importation, exportation, or reexportation of plants not required to be accompanied by documentation under 50 CFR part 17 or 23:

    Mobile, Alabama Anchorage, Alaska Nogales, Arizona Phoenix, Arizona San Luis, Arizona Tucson, Arizona Calexico, Arizona Los Angeles, California San Diego, California San Francisco, California San Pedro, California Denver, Colorado Wallingford, Connecticut Dover, Delaware (Dover AFB) Wilmington, Delaware Washington, District of Columbia Jacksonville, Florida Key West, Florida Miami, Florida Orlando, Florida Pensacola, Florida Cape Canaveral, Florida Port Everglades, Florida Tampa, Florida West Palm Beach, Florida Atlanta, Georgia Savannah, Georgia Agana, Guam Hilo, Hawaii Honolulu, Hawaii Wailuku, Maui, Hawaii Chicago, Illinois Baton Rouge, Louisiana New Orleans, Louisiana Bangor, Maine Portland, Maine Baltimore, Maryland Boston, Massachusetts Detroit, Michigan Duluth, Minnesota St. Paul, Minnesota Kansas City, Missouri St. Louis, Missouri Hoboken, New Jersey McGuire AFB, New Jersey Albany, New York Buffalo, New York New York, New York Jamaica, New York Rouses Point, New York Morehead City, North Carolina Wilmington, North Carolina Cleveland, Ohio Astoria, Oregon Coos Bay, Oregon Portland, Oregon Philadelphia, Pennsylvania Hato Rey, Puerto Rico Mayaguez, Puerto Rico Ponce, Puerto Rico Roosevelt Roads, Puerto Rico San Juan, Puerto Rico Warwick, Rhode Island Charleston, South Carolina Memphis, Tennessee Brownsville, Texas Corpus Christi, Texas Dallas-Ft. Worth, Texas Del Rio, Texas Eagle Pass, Texas El Paso, Texas Galveston, Texas Hidalgo, Texas Houston, Texas Laredo, Texas Port Arthur, Texas Presidio, Texas Progreso, Texas Roma, Texas San Antonio, Texas St. Croix, Virgin Islands of the United States St. Thomas, Virgin Islands of the United States Newport News, Virginia Norfolk, Virginia Blaine, Washington Tacoma, Washington (McChord AFB) Seattle, Washington Milwaukee, Wisconsin [49 FR 42941, Oct. 25, 1984, as amended at 55 FR 11920, Mar. 30, 1990; 58 FR 68543, Dec. 28, 1993; 58 FR 14121, Mar. 25, 1994; 59 FR 42775, Aug. 19, 1994; 62 FR 30775, June 5, 1997]
    SUBCHAPTER C—THE NATIONAL WILDLIFE REFUGE SYSTEM Pt. 25 PART 25—ADMINISTRATIVE PROVISIONS Subpart A—Introduction Sec. 25.11 Purpose of regulations. 25.12 What do these terms mean? 25.13 Other applicable laws. Subpart B—Administrative Provisions 25.21 When and how do we open and close areas of the National Wildlife Refuge System to public access and use or continue a use? 25.22 Lost and found articles. 25.23 What are the general regulations and information collection requirements? Subpart C—Public Notice 25.31 General provisions. Subpart D—Permits 25.41 Who issues refuge permits? 25.42 Permits required to be exhibited on request. 25.43 Who may terminate or revoke a permit and why? 25.44 How do we grant permits for easement area uses? 25.45 Appeals procedure. Subpart E—Fees and Charges 25.51 General provisions. 25.52 Designation. 25.53 Establishment of single visit entrance fees. 25.54 Posting and public notification. 25.55 Refuge admission permits. 25.56 Enforcement. 25.57 Exceptions and exemptions. Subpart F—Concessions 25.61 General provisions. Subpart G—Safety Regulations 25.71 Public safety. 25.72 Reporting of accidents. Authority:

    5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i, 3901 et seq.; and Pub. L. 102-402, 106 Stat. 1961.

     Source:

    41 FR 9166, Mar. 3, 1976, unless otherwise noted.

    Subpart A—Introduction
    § 25.11 Purpose of regulations.

    (a) The regulations in this subchapter govern general administration of units of the National Wildlife Refuge System, public notice of changes in U.S. Fish and Wildlife Service policy regarding Refuge System units, issuance of permits required on Refuge System units and other administrative aspects involving the management of various units of the National Wildlife Refuge System. The regulations in this subchapter apply to areas of land and water held by the United States in fee title and to property interests in such land and water in less than fee, including but not limited to easements. For areas held in less than fee, the regulations in this subchapter apply only to the extent that the property interest held by the United States may be affected. The regulations in this subchapter also apply to and govern those areas of the Rocky Mountain Arsenal over which management responsibility has been transferred to the U.S. Fish and Wildlife Service under the Rocky Mountain Arsenal Act of 1992 (Pub. L. 102-402, 106 Stat. 1961), before their establishment as a refuge and inclusion in the National Wildlife Refuge System.

    (b) All national wildlife refuges are maintained for the primary purpose of developing a national program of wildlife and ecological conservation and rehabilitation. These refuges are established for the restoration, preservation, development and management of wildlife and wildlands habitat; for the protection and preservation of endangered or threatened species and their habitat; and for the management of wildlife and wildlands to obtain the maximum benefits from these resources.

    [41 FR 9166, Mar. 3, 1976, as amended at 51 FR 7574, Mar. 5, 1986; 62 FR 47375, Sept. 9, 1997]
    § 25.12 What do these terms mean?

    (a) As used in the rules and regulations in this subchapter:

    Authorized official means any Federal, State or local official empowered to enforce provisions of this subchapter C.

    Big game means large game animals, including moose, elk, caribou, reindeer, musk ox, deer, bighorn sheep, mountain goat, pronghorn, bear, and peccary, or such species as the separate States may so classify within their boundaries.

    Compatibility determination means a written determination signed and dated by the Refuge Manager and Regional Chief, signifying that a proposed or existing use of a national wildlife refuge is a compatible use or is not a compatible use. The Director makes this delegation through the Regional Director.

    Compatible use means a proposed or existing wildlife-dependent recreational use or any other use of a national wildlife refuge that, based on sound professional judgment, will not materially interfere with or detract from the fulfillment of the National Wildlife Refuge System mission or the purpose(s) of the national wildlife refuge.

    Comprehensive conservation plan means a document that describes the desired future conditions of a refuge or planning unit and provides long-range guidance and management direction to achieve the purposes of the refuge; helps fulfill the mission of the Refuge System; maintains and, where appropriate, restores the ecological integrity of each refuge and the Refuge System; helps achieve the goals of the National Wilderness Preservation System; and meets other mandates.

    Conservation, and Management mean to sustain and, where appropriate, restore and enhance, healthy populations of fish, wildlife, and plants utilizing, in accordance with applicable Federal and State laws, methods and procedures associated with modern scientific resource programs. Such methods and procedures include, consistent with the provisions of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking.

    Coordination area means a wildlife management area made available to a State by cooperative agreement between the U.S. Fish and Wildlife Service and a State agency having control over wildlife resources pursuant to section 4 of the Fish and Wildlife Coordination Act (16 U.S.C. 664 or by long-term leases or agreements pursuant to title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.). The States manage coordination areas but they are part of the National Wildlife Refuge System. The compatibility standard does not apply to coordination areas.

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

    Easement means a less than fee interest in land or water acquired and administered by the U.S. Fish and Wildlife Service for the purpose of maintaining fish and wildlife habitat.

    Fish, Wildlife, and Fish and wildlife mean any member of the animal kingdom in a wild, unconfined state, whether alive or dead, including a part, product, egg, or offspring of the member.

    Migratory bird means and refers to those species of birds listed under § 10.13 of this chapter.

    National wildlife refuge, and Refuge mean a designated area of land, water, or an interest in land or water located within the National Wildlife Refuge System but does not include coordination areas.

    National Wildlife Refuge System, and System mean all lands, waters, and interests therein administered by the U.S. Fish and Wildlife Service as wildlife refuges, wildlife ranges, wildlife management areas, waterfowl production areas, coordination areas, and other areas for the protection and conservation of fish and wildlife including those that are threatened with extinction as determined in writing by the Director or so directed by Presidential or Secretarial order. The determination by the Director may not be delegated.

    National Wildlife Refuge System mission, and System mission mean to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.

    Nontoxic shot means steel shot or other shot approved pursuant to 50 CFR 20.134.

    Plant means any member of the plant kingdom in a wild, unconfined state, including any plant community, seed, root, or other part of a plant.

    Purpose(s) of the refuge means the purposes specified in or derived from the law, proclamation, executive order, agreement, public land order, donation document, or administrative memorandum establishing, authorizing, or expanding a national wildlife refuge, national wildlife refuge unit, or national wildlife refuge subunit. For refuges that encompass Congressionally designated wilderness, the purposes of the Wilderness Act are additional purposes of the wilderness portion of the refuge.

    Refuge management activity means an activity conducted by the Service or a Service-authorized agent to fulfill one or more purposes of the national wildlife refuge, or the National Wildlife Refuge System mission. Service-authorized agents include contractors, cooperating agencies, cooperating associations, refuge support groups, and volunteers.

    Refuge management economic activity means a refuge management activity on a national wildlife refuge which results in generation of a commodity which is or can be sold for income or revenue or traded for goods or services. Examples include: Farming, grazing, haying, timber harvesting, and trapping.

    Regional Chief means the official in charge of the National Wildlife Refuge System within a Region of the U.S. Fish and Wildlife Service or the authorized representative of such official.

    Refuge Manager means the official directly in charge of a national wildlife refuge or the authorized representative of such official. In the case of a national wildlife refuge complex, this refers to the official directly in charge of the complex.

    Refuge use, and Use of a refuge mean a recreational use (including refuge actions associated with a recreational use or other general public use), refuge management economic activity, or other use of a national wildlife refuge by the public or other non-National Wildlife Refuge System entity.

    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.

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

    Service, We, and Us mean the U.S. Fish and Wildlife Service, Department of the Interior.

    Sound professional judgment means a finding, determination, or decision that is consistent with principles of sound fish and wildlife management and administration, available science and resources, and adherence to the requirements of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), and other applicable laws. Included in this finding, determination, or decision is a refuge manager's field experience and knowledge of the particular refuge's resources.

    State, and United States mean one or more of the States of the United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the territories and possessions of the United States.

    Waterfowl production area means any wetland or pothole area acquired pursuant to section 4(c) of the amended Migratory Bird Hunting Stamp Act (72 Stat. 487; 16 U.S.C. 718d(c)), owned or controlled by the United States and administered by the U.S. Fish and Wildlife Service as a part of the National Wildlife Refuge System.

    Wildlife-dependent recreational use, and Wildlife-dependent recreation mean a use of a national wildlife refuge involving hunting, fishing, wildlife observation and photography, or environmental education and interpretation. The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), specifies that these are the six priority general public uses of the National Wildlife Refuge System.

    Wildlife management area means a general term used in describing a variety of areas that are managed for wildlife purposes which may be included in the National Wildlife Refuge System.

    You means the public.

    (b) Unless otherwise stated the definitions found in 50 CFR 10.12 also apply to all of subchapter C of this title 50.

    [41 FR 9166, Mar. 3, 1976, as amended at 51 FR 7574, Mar. 5, 1986; 60 FR 62040, Dec. 4, 1995; 64 FR 14150, Mar. 24, 1999; 65 FR 62480, Oct. 18, 2000]
    § 25.13 Other applicable laws.

    Nothing in this subchapter shall be construed to relieve a person from any other applicable requirements imposed by a local ordinance or by a statute or regulation of any State or of the United States.

     Subpart B—Administrative Provisions
    § 25.21 When and how do we open and close areas of the National Wildlife Refuge System to public access and use or continue a use?

    (a) Except as provided below, all areas included in the National Wildlife Refuge System are closed to public access until and unless we open the area for a use or uses in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) and this subchapter C. See 50 CFR 36 for details on use and access restrictions, and the public participation and closure process established for Alaska national wildlife refuges. We may open an area by regulation, individual permit, or public notice, in accordance with § 25.31 of this subchapter.

    (b) We may open a national wildlife refuge for any refuge use, or expand, renew, or extend an existing refuge use only after the Refuge Manager determines that it is a compatible use and not inconsistent with any applicable law. Lands subject to the patent restrictions imposed by Section 22(g) of the Alaska Native Claims Settlement Act are subject to the compatibility requirements of Parts 25 and 26 of 50 CFR except as otherwise provided in paragraph (b)(1) of this section.

    (1) We will complete compatibility determinations for uses of Alaska Native Claims Settlement Act 22(g) lands in compliance with the following requirements:

    (i) Refuge managers will work with 22(g) landowners in implementation of these regulations. The landowners should contact the Refuge Manager in advance of initiating a use and request a compatibility determination. After a compatibility determination is requested, refuge managers have no longer than ninety (90) days to complete the compatibility determination and notify the landowner of the finding by providing a copy of the compatibility determination or to inform the landowner of the specific reasons for delay. If a refuge manager believes that a finding of not compatible is likely, the Refuge Manager will notify the landowner prior to rendering a decision to encourage dialog on how the proposed use might be modified to be compatible.

    (ii) Refuge managers will allow all uses proposed by 22(g) landowners when the Refuge Manager determines the use to be compatible with refuge purposes.

    (iii) Compatibility determinations will include only evaluations of how the proposed use would affect the ability of the refuge to meet its mandated purposes. The National Wildlife Refuge System mission will not be considered in the evaluation. Refuge purposes will include both pre-ANILCA purposes and those established by ANILCA, so long as they do not conflict. If conflicts arise, ANILCA purposes will take precedence.

    (iv) A determination that a use is not compatible may be appealed by the landowner to the Regional Director. The appeal must be submitted in writing within forty-five (45) days of receipt of the determination. The appeals process provided for in 50 CFR 36.41(i) (3) through (5) will apply.

    (v) Compatibility determinations for proposed uses of 22(g) lands will only evaluate the effects of the use on the adjacent refuge lands, and the ability of that refuge to achieve its purposes, not on the effects of the proposed use to the 22(g) lands.

    (vi) Compatibility determinations for 22(g) lands that a use is compatible are not subject to re-evaluation unless the use changes significantly, significant new information is made available that could affect the compatibility determination, or if requested by the landowner.

    (vii) Refuge comprehensive conservation plans will not include 22(g) lands, and compatibility determinations affecting such lands will not to be automatically re-evaluated when the plans are routinely updated.(viii) Refuge special use permits will not be required for compatible uses of 22(g) lands. Special conditions necessary to ensure a proposed use is compatible may be included in the compatibility determination and must be complied with for the use to be considered compatible.

    (c) The Refuge Manager may temporarily allow or initiate any refuge use without making a compatibility determination if necessary to protect the health and safety of the public or any fish or wildlife population.

    (d) When we add lands to the National Wildlife Refuge System, the Refuge Manager will identify, prior to acquisition, withdrawal, transfer, reclassification, or donation of those lands, existing wildlife-dependent recreational public uses (if any) determined to be compatible that we will permit to continue on an interim basis, pending completion of the comprehensive conservation plan for the national wildlife refuge. We will make these compatibility determinations in accordance with procedures in § 26.41 of this subchapter.

    (e) In the event of a threat or emergency endangering the health and safety of the public or property or to protect the resources of the area, the Refuge Manager may close or curtail refuge uses of all or any part of an opened area to public access and use in accordance with the provisions in § 25.31, without advance notice. See 50 CFR 36.42 for procedures on closing Alaska national wildlife refuges.

    (f) We will re-evaluate compatibility determinations for existing wildlife-dependent recreational uses when conditions under which the use is permitted change significantly, or if there is significant new information regarding the effects of the use, or concurrently with the preparation or revision of a comprehensive conservation plan, or at least every 15 years, whichever is earlier. In addition, a refuge manager always may re-evaluate the compatibility of a use at any time.

    (g) Except for uses specifically authorized for a period longer than 10 years (such as right-of-ways), we will re-evaluate compatibility determinations for all existing uses other than wildlife-dependent recreational uses when conditions under which the use is permitted change significantly, or if there is significant new information regarding the effects of the use, or at least every 10 years, whichever is earlier. In addition, a refuge manager always may re-evaluate the compatibility of a use at any time.

    (h) For uses in existence on November 17, 2000 that were specifically authorized for a period longer than 10 years (such as right-of-ways), our compatibility re-evaluation will examine compliance with the terms and conditions of the authorization, not the authorization itself. We will frequently monitor and review the activity to ensure that the permittee carries out all permit terms and conditions. However, the Service will request modifications to the terms and conditions of these permits from the permittee if the Service determines that such changes are necessary to ensure that the use remains compatible. After November 17, 2000 no uses will be permitted or re-authorized, for a period longer than 10 years, unless the terms and conditions for such long-term permits specifically allows for modifications to the terms and conditions, if necessary to ensure compatibility. We will make a new compatibility determination prior to extending or renewing such long-term uses at the expiration of the authorization. When we prepare a compatibility determination for re-authorization of an existing right-of-way, we will base our analysis on the existing conditions with the use in place, not from a pre-use perspective.

    (i) When we re-evaluate a use for compatibility, we will take a fresh look at the use and prepare a new compatibility determination following the procedure outlined in 50 CFR 26.41.

    [65 FR 62481, Oct. 18, 2000]
    § 25.22 Lost and found articles.

    Lost articles or money found on a national wildlife refuge are to be immediately turned in to the nearest refuge office.

    § 25.23 What are the general regulations and information collection requirements?

    The Office of Management and Budget has approved the information collection requirements contained in subchapter C, parts 25, 32, and 36 under 44 U.S.C. 3501 et seq. and assigned the following clearance numbers: Special Use Permit Applications on National Wildlife Refuges in Alaska(SUP-AK), clearance number 1018-0014; Special Use Permit Applications on National Wildlife Refuges Outside Alaska (SUP), clearance number 1018-0102. See § 36.3 of this subchapter for further information on Special Use Permit Applications on National Wildlife Refuges in Alaska. We are collecting the information to assist us in administering these programs in accordance with statutory authorities that require that recreational uses be compatible with the primary purposes for which the areas were established. We require the information requested in the application form for the applicant to obtain a benefit. We estimate the public reporting burden for the SUP application form to be 30 minutes per response. This includes time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments on the burden estimate or any other aspect of this form to the Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222 ARLSQ, Washington, DC 20240 (1018-0014 or 1018-0102).

    [65 FR 56400, Sept. 18, 2000]
    Subpart C—Public Notice
    § 25.31 General provisions.

    Whenever a particular public access, use or recreational activity of any type whatsoever, not otherwise expressly permitted under this subchapter, is permitted on a national wildlife refuge or where public access, use, or recreational or other activities previously permitted are curtailed, the public may be notified by any of the following methods, all of which supplement this subchapter C:

    (a) Official signs posted conspicuously at appropriate intervals and locations;

    (b) Special regulations issued under the provisions of § 26.33 of this subchapter C.

    (c) Maps available in the office of the refuge manager, regional director, or area director, or

    (d) Other appropriate methods which will give the public actual or constructive notice of the permitted or curtailed public access, use, or recreational activity.

     Subpart D—Permits
    § 25.41 Who issues refuge permits?

    We authorize the refuge manager of the facility where an activity is to take place to issue permits required by this subchapter C unless the regulations in this subchapter C require the applicant to obtain the applicable permit from the Director or Secretary. In those situations, the refuge manager will so inform the applicant, giving the applicant all necessary information as to how and where to apply.

    [67 FR 58942, Sept. 18, 2002]
    § 25.42 Permits required to be exhibited on request.

    Any person on a national wildlife refuge shall upon request by any authorized official exhibit the required Federal or State permit or license authorizing their presence and activity on the area and shall furnish such other information for identification purposes as may be requested.

    § 25.43 Who may terminate or revoke a permit and why?

    The refuge manager may terminate or revoke a permit at any time for noncompliance with the terms of the permit or of the regulations in this subchapter C; for nonuse; for violation of any law, regulation, or order applicable to the refuge; or to protect public health or safety or the resources of a national wildlife refuge.

    [67 FR 58943, Sept. 18, 2002]
    § 25.44 How do we grant permits for easement area uses?

    (a) The provisions of this subsection shall govern the regulation of activities that affect easement interests acquired by the United States. All other provisions of subchapter C shall apply to activities within such easement areas, but only to the extent that those provisions are directly or indirectly related to the protection of those easement interests expressly acquired by the United States which are specified in the easement agreement itself, and are not inconsistent with the provisions of this subsection.

    (b) We require permits for use of easement areas administered by us where proposed activities may affect the property interest acquired by the United States. Applications for permits will be submitted in writing to the Regional Director or a designee. We may grant special use permits to owners of servient estates, or to third parties with the owner's agreement, by the Regional Director or a designee, upon written determination that such permitted use is compatible. If we ultimately determine that the requested use will not affect the United States' interest, the Regional Director will issue a letter of non-objection.

    (c) In instances where the third applicant is a governmental entity which has acquired a partial interest in the servient estate by subsequent condemnation, a special use permit may be granted to the governmental entity without the servient estate owner's agreement if the regional director or his or her designee determines:

    (1) The permitted use is compatible; and

    (2) The permitted use is consistent with the partial property interests obtained through condemnation.

    (d) Regulations pertaining to rights-of-way in easement areas are contained in 50 CFR part 29.21.

    [51 FR 7575, Mar. 5, 1986, as amended at 65 FR 62482, Oct. 18, 2000]
    § 25.45 Appeals procedure.

    (a) Who may appeal. Any person who is adversely affected by a refuge manager's decision or order relating to the person's permit granted by the Service, or application for permit, within the National Wildlife Refuge System. This section does not apply to permits or applications for rights-of-way. See § 29.22 for the hearing and appeals procedure on rights-of-way.

    (b) Preliminary procedure. Prior to making any adverse decision or order on a permit or application for permit, the refuge manager shall notify the permittee or applicant orally or in writing of the proposed action and its effective date. The permittee or applicant shall have twenty (20) days after notification in which to present to the refuge manager, orally or in writing, a statement in opposition to the proposed action or date. The permittee or applicant shall be notified in writing within twenty (20) days after receipt of the statement in opposition, of the refuge manager's final decision or order.

    (c) Appeals, how taken. If the refuge manager still intends to proceed with the proposed action, the permittee or applicant shall have thirty (30) days from the postmarked date of the refuge manager's final decision or order in which to file a written appeal to the appropriate area manager. The appellant (permittee or applicant) shall be notified in writing within thirty (30) days from the postmarked date of the appeal of the area manager's decision. The appellant shall have (30) days from the postmarked date of the area manager's decision to further appeal in writing to the appropriate regional director.

    (d) Decision of regional director. The regional director's decision shall be final and issued in writing to the appellant within thirty (30) days from the postmarked date of the appeal.

    (e) Oral presentation. The appellant shall be provided an opportunity for oral presentation before the area manager or the regional director within the respective thirty (30) day appeal periods.

    (f) Addresses. The addresses of the appropriate officials to whom appeals may be taken shall be furnished in each decision or order.

    (g) Suspension pending appeal. Compliance with any decision or order of a refuge manager shall not be suspended by reason of an appeal having been taken unless such suspension is authorized in writing by the area manager or regional director (depending upon the official before whom the appeal is pending), and then only upon a determination by these officials that such suspension will not be detrimental to the interests of the United States or upon submission and acceptance of a bond deemed adequate to indemnify the United States from loss or damage.

    [42 FR 64120, Dec. 22, 1977. Redesignated at 51 FR 7575, Mar. 5, 1986]
    Subpart E—Fees and Charges Source:

    52 FR 29860, Aug. 12, 1987, unless otherwise noted.

    § 25.51 General provisions.

    Reasonable charges and fees may be established for public recreational use of and, except in Alaska, entrance onto national wildlife refuges. Regulations regarding recreational use fees are contained in 36 CFR part 71. Regulations regarding entrance fees are contained in this subpart E.

    § 25.52 Designation.

    To be designated as an “Entrance Fee Area”, a unit of the National Wildlife Refuge System must be found to demonstrate that:

    (a) The level of visitation for recreational purposes is high enough to justify the collection of fees for admission permits for economic reasons;

    (b) There is a practical mechanism in existence for implementing and operating a system of collecting fees for admission permits; and

    (c) Imposition of a fee for admission permits is not likely to result in undue economic hardship for a significant number of visitors to the unit.

    § 25.53 Establishment of single visit entrance fees.

    Entrance fees established for single visit permits at a designated Entrance Fee Area shall consider the following criteria with regard to the local area within which the refuge is located:

    (a) The direct and indirect cost to the Government.

    (b) The benefits to the permit holder.

    (c) The public policy or interest served.

    (d) The comparable fees charged by non-Federal public agencies.

    (e) The economic and administrative feasibility of fee collection.

    § 25.54 Posting and public notification.

    The public shall be notified that an entrance fee is charged through refuge publications and posted designation signs in accordance with § 25.31 of this part.

    § 25.55 Refuge admission permits.

    (a) Unless otherwise provided, persons entering an Entrance Fee Area shall obtain and be in possession of a valid admission permit.

    (b) The following five types of permits allowing entrance onto an Entrance Fee Area will be available for issue or purchase at such area and, except for refuge-specific permits, at Fish and Wildlife Service Regional and Washington, DC Offices, and at other locations as may be designated.

    (1) Single visit permit with a charge not to exceed $3 per person or $7.50 per noncommercial vehicle (single visit can be defined as 1-15 days, dependent upon a determination of the period of time reasonably and ordinarily necessary for such a visit at a particular refuge unit).

    (2) Golden Eagle Passport.

    (3) Golden Age Passport.

    (4) Golden Access Passport.

    (5) Federal Migratory Bird Hunting and Conservation (Duck) Stamp. To be valid, the Duck Stamp must be current and bear the signature of the holder on the front.

    § 25.56 Enforcement.

    Permits issued or used for entrance onto Entrance Fee Areas are nontransferable. Failure to pay the entrance fee, to display upon request of an authorized official a valid permit, or to comply with other entrance fee provisions, rules or regulations, will be subject to the penalties prescribed in 50 CFR 28.31.

    § 25.57 Exceptions and exemptions.

    At Entrance Fee Areas:

    (a) Special admission permits for uses, such as group activities, may be issued.

    (b) No entrance fee shall be charged for persons under 16 years of age.

    (c) No entrance fee shall be charged for travel by private noncommercial vehicle over any road or highway established as part of the National Federal Aid System (defined in 23 U.S.C. 101), which is commonly used by the public as a means of travel between two places which are outside the Entrance Fee Area.

    (d) No entrance fee shall be charged for travel by private noncommercial vehicle over any road or highway to any land in which such person has a property interest if such land is within any Entrance Fee Area.

    (e) Persons accompanying the holder of a valid single visit permit, Federal Duck Stamp or Golden Eagle, Age, or Access Passport in a single, private, noncommercial vehicle shall be entitled to general entrance.

    (f) Where entry is by any means other than single, private, noncommercial vehicle, the spouse, children, or parents accompanying the holder of a valid single visit permit, Federal Duck Stamp or Golden Eagle, Age, or Access Passport shall be entitled to general entrance.

     Subpart F—Concessions
    § 25.61 General provisions.

    Public use facilities may be operated by concessionaires or cooperators under appropriate contact or legal agreement on national wildlife refuges where there is a demonstrated justified need for services or facilities including, but not limited to, boat rentals, swimming facilities, conducted tours of special natural attractions, shelters, tables, trailer lots, food, lodging, and related service.

     Subpart G—Safety Regulations
    § 25.71 Public safety.

    Persons using national wildlife refuges shall comply with the safety requirements which are established under the provisions of this subchapter C for each individual refuge and with any safety provisions which may be included in leases, agreements, or use permits.

    § 25.72 Reporting of accidents.

    Accidents involving damage to property, injury to the public or injury to wildlife that occur within the boundaries of any national wildlife refuge are to be reported as soon as possible, but in no event later than 24 hours after the accident, by the persons involved, to the refuge manager or other personnel on duty at the national wildlife refuge headquarters. This report does not relieve persons from the responsibility of making any other accident reports which may be required.

         Pt. 26 PART 26—PUBLIC ENTRY AND USE Subpart A—Introduction Sec. 26.11 Purpose of regulations. Subpart B—Public Entry 26.21 General trespass provision. 26.22 General exception for entry. 26.23 Exception for entry to the headquarters office. 26.24 Exception for entry when accompanied by refuge personnel. 26.25 Exception for entry to persons with an economic use privilege. 26.26 Exception for entry for use of emergency shelter. 26.27 Exception for entry on designated routes of travel. Subpart C—Public Use and Recreation 26.31 General provisions. 26.32 Recreational uses. 26.33 Special regulations. 26.34 Special regulations concerning public access, use and recreation for individual national wildlife refuges. 26.35 Cabin sites. 26.36 Public assemblies and meetings. 26.41 What is the process for determining if a use of a national wildlife refuge is a compatible use? Authority:

    5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 715i; Pub. L. 96-315 (94 Stat. 958) and Pub. L. 98-146 (97 Stat. 955).

     Source:

    41 FR 9167, Mar. 3, 1976, unless otherwise noted.

    Subpart A—Introduction
    § 26.11 Purpose of regulations.

    The regulations in this part govern the circumstances under which the public can enter and use a national wildlife refuge.

     Subpart B—Public Entry
    § 26.21 General trespass provision.

    (a) No person shall trespass, including but not limited to entering, occupying, using, or being upon, any national wildlife refuge, except as specifically authorized in this subchapter C or in other applicable Federal regulations.

    (b) No unconfined domestic animals, including but not limited to dogs, hogs, cats, horses, sheep and cattle, shall be permitted to enter upon any national wildlife refuge or to roam at large upon such an area, except as specifically authorized under the provisions of § 26.34, § 27.91 or § 29.2 of this subchapter C.

    § 26.22 General exception for entry.

    (a) Any person entering or using any national wildlife refuge will comply with the regulations in this subchapter C, the provisions of any special regulations and any other official notification as is appropriate under § 25.31.

    (b) A permit shall be required for any person entering a national wildlife refuge, unless otherwise provided under the provisions of subchapter C. The permittee will abide by all the terms and conditions set forth in the permit.

    § 26.23 Exception for entry to the headquarters office.

    The headquarters office of any national wildlife refuge is open to public access and admission during regularly established business hours.

    § 26.24 Exception for entry when accompanied by refuge personnel.

    A permit is not required for access to any part of a national wildlife refuge by a person when accompanied by refuge personnel.

    § 26.25 Exception for entry to persons with an economic use privilege.

    Access to and travel upon a national wildlife refuge by a person granted economic use privileges on that national wildlife refuge should be restricted to a specified area in accordance with the provisions of their agreement, lease, or permit.

    § 26.26 Exception for entry for use of emergency shelter.

    A permit is not required for access to any national wildlife area for temporary shelter or temporary protection in the event of emergency conditions.

    § 26.27 Exception for entry on designated routes of travel.

    A permit is not required to enter, travel on, and exit from any national wildlife refuge on public waters and roads, and such roads, trails, footpaths, walkways, or other routes and areas which are designated for public use under the provisions of this subchapter C.

     Subpart C—Public Use and Recreation
    § 26.31 General provisions.

    Public recreation will be permitted on national wildlife refuges as an appropriate incidental or secondary use, only after it has been determined that such recreational use is practicable and not inconsistent with the primary objectives for which each particular area was established or with other authorized Federal operations.

    § 26.32 Recreational uses.

    Recreational uses such as, but not limited to, sightseeing, nature observation and photography, interpretive centers and exhibits, hunting and fishing, bathing, boating, camping, ice skating, picnicking, swimming, water skiing, and other similar activities may be permitted on national wildlife refuges. When such uses are permitted the public will be notified under the provisions of this subchapter C.

    § 26.33 Special regulations.

    (a) Special regulations shall be issued for public use, access, and recreation within certain individual national wildlife refuges where there is a need to amend, modify, relax or make more stringent the regulations contained in this subchapter C. The issued special regulations will supplement the provisions in this part 26.

    (b) Special recreational use regulations may contain the following items:

    (1) Recreational uses authorized.

    (2) Seasons, period, or specific time of use.

    (3) Description of areas open to recreation.

    (4) Specific conditions or requirements.

    (5) Other provisions.

    (6) Special regulations for public use, access, and recreation are published in the daily issue of the Federal Register and may be codified in the Code of Federal Regulations. They shall be issued in compliance with procedures contained in the Departmental Manual.

    § 26.34 Special regulations concerning public access, use and recreation for individual national wildlife refuges. Virginia Back Bay National Wildlife Refuge Access

    (a) Access qualifications and specifications. (1) As provided for in Pub. L. 96-315, permanent, full-time residents who can furnish to the refuge manager, Back Bay NWR, adequate proof of continuous and continuing residency, commencing prior to December 31, 1979, on the Outer Banks from the refuge boundary south to and including the village of Corolla, North Carolina, as long as they remain permanent, full-time residents. The south boundary of the area for access consideration is defined as a straight east-west line extending from Currituck Sound to the Atlantic Ocean and passing through a point 1,600 feet due south of the Currituck lighthouse. “Residence” means a place of general abode; “Place of general abode” means a person's principal, actual dwelling place in fact, without regard to intent. A “dwelling” means a residential structure occupied on a year-round basis by the permit applicant and shall not include seasonal or part-time dwelling units such as beach houses, vacation cabins, or structures which are intermittently occupied.

    (2) As provided for in Pub. L. 98-146, “Up to 15 additional permits shall be granted to those persons meeting any one of the following conditions:”

    (i) A resident as of July 1, 1982, who held a valid Service access permit for improved property owners at any time during the period from July 29, 1976, through December 31, 1979.

    (ii) Anyone in continuous residency since 1976, in the area bounded on the north by the refuge boundary, and on the south by a straight line passing through a point in the east-west prolongation of the centerline of Albacore Street, Whaleshead Club Subdivision, Currituck County, North Carolina.

    (iii) Any permanent, full time resident as of April 1, 1983, residing in the area outlined in paragraph (a)(2)(ii) of this section and not otherwise eligible, who can substantiate to the Secretary of the Interior that access is essential to their maintaining a livelihood; so long as they maintain full-time continuous employment in the Norfolk, Virginia, area may qualify for access.

    (3) The burden of proving that the prospective permittee meets these criteria shall be on the applicant by presentation of adequate documentation to the refuge manager. Permittees may be required to submit additional documentation of their eligibility to the refuge manager in order to maintain access. Permits will be issued only to those who legally qualify for them.

    (4) Only one permit will be issued per family. All permits issued will be terminated in the event that alternate access becomes available during the permit period.

    (5) Permits are issued for the purpose of providing ingress and egress across the refuge beach to the permittee's residence. Personal access is limited to permittees, their families, relatives, and guests while being transported in the permittee's vehicle. “Personal access” means private, non-commercial use. Permits are not transferable by sale or devise.

    (6) All vehicle occupants must provide positive identification upon the request of any refuge official.

    (b) Routes of travel. Access to, and travel along, the refuge beach by motorized vehicles may be allowed between the dune crossing at the key card operated gate near the refuge headquarters, and the south boundary of the refuge only after a permit has been issued or authorization provided by the refuge manager. Travel along the refuge beach by motorized vehicle shall be below the high tide line, within the intertidal zone, to the maximum extent practicable. This may require permittees to adjust their travel times to avoid high tides which would require the use of the emergency storm access/evacuation route over the east dike.

    (c) Number of trips allowed. Permittees and members of their immediate families residing with them are limited to a total of two round trips per day per household.

    (d) Hours of travel. Travel along the designated route is permitted 24 hours per day from October 1 through April 30. Travel is restricted to the hours of 5:00 a.m. to 12:00 midnight from May 1 through September 30.

    (e) Medical emergencies. Private vehicles used in a medical emergency will be granted access. A “medical emergency” means any condition that threatens human life or limb unless medical treatment is immediately obtained.

    The vehicle operator is required to provide the refuge manager with a doctor's statement confirming the emergency within 36 hours after the access has occurred.

    (f) Military, fire or emergency vehicles. Military, fire, emergency or law enforcement vehicles used for emergency purposes may be granted access. Vehicles used by an employee/agent of the Federal, State or local government, in the course of official duty other than for emergency purposes, may be granted access upon advance request to the refuge manager. Continuous or recurring use of the refuge beach for other than emergency purposes shall require the issuance of a permit from the refuge manager.

    (g) Public utility vehicles. Public utility vehicles used on official business will be granted access. A permit specifying the times and types of access will be issued by the refuge manager. A “public utility vehicle” means any vehicle owned or operated by a public utility company enfranchised to supply Outer Banks residents with electricity or telephone service.

    (h) Essential commercial service vehicles. (1) Essential commercial service vehicles on business calls during the hours of 8 a.m.-5 p.m. Monday through Friday will be granted access, only upon prior approval of the refuge manager when responding to a request from a permittee. Such requests may be verbal or in writing. Access by essential commercial service vehicles will be granted only after all other reasonable alternatives to access through the refuge have been exhausted as determined by the refuge manager.

    (2) “Commercial service vehicle” means any vehicle owned or operated by or on behalf of an individual, partnership, or corporation that is properly licensed to engage entirely in the business of furnishing emergency repair services, including but not limited to plumbing, electrical, and repairs to household appliances.

    (3) Emergency situations. The refuge manager, upon reasonable notification, will be able to authorize essential service/emergency repair access, outside the prescribed time periods, for emergency situations should they arise.

    (i) False Cape State Park employees. False Cape State Park and Virginia Game Commission employees who are residents in the park will be considered as permanent, full-time residents as defined in § 26.34(a) with access privileges identical to those of other permittees with beach access privileges.

    (j) Commercial fishermen, businesses and their employees. (1) Commercial fishermen who have verified that their fishing operations on the Outer Banks of Virginia Beach, Virginia, or Currituck County, North Carolina, have been dependent since 1972 on ingress and egress to or across the refuge are granted permits for access. Travel through the refuge by commercial fishermen from Currituck County, North Carolina, will be permitted only when directly associated with commercial fishing operations. Drivers and passengers on trips through the refuge are limited to commercial fishing crew members. A commercial fisherman means one who harvests finfish by gill net or haul seine in the Atlantic Ocean, and who has owned and operated a commercial fishing businesses continuously since 1972. Commercial permits are not transferable by sale or devise. The level of commercial permittee travel across the refuge shall not increase above the average yearly levels maintained in the 1985-1987 period.

    (2) Other businesses who have verified that their business operations on the Outer Banks of Currituck County, North Carolina, have been dependent since 1972 on ingress and egress to or across the refuge will be granted permits for access in accordance with the limitations outlined in paragraph (j)(1) of this section.

    (3) Each commercial fisherman or other business may be granted a maximum of five designated employees to travel the refuge beach for commercial fishing or other business-related purposes only. Commercial fishing employees may carry only other commercial fishing employees as passengers. Other business employees may carry only other employees of that business. The hauling of trailers associated with the conduct of commercial fishing or other business activities is authorized.

    (4) Employees of commercial fishermen and/or other businesses who apply for access permits shall have the burden of proving, by the presentation of appropriate documentation to the refuge manager, that they are an “employee” for purposes of this section of the regulations. Appropriate documentation is defined as the submission of standardized and verifiable employment forms including: Signed W-2 and W-4 forms, IRS form #1099, official earnings statements for specified periods, employee income tax withholding submissions to State and Federal tax offices (e.g., IRS form W-3 with W-2s attached), State unemployment tax information or other proof of actual employment. Documentation for each employee must be submitted in advance of access being granted, or, for new employees, within 30 days of their starting date. Failure to provide verification of employment for new employees within 30 days will result in termination of access privileges.

    (k) Suspension or waiver of rules. (1) In an emergency, the refuge manager may suspend any or all of the foregoing restrictions on vehicular travel and announce each suspension by whatever means are available. In the event of adverse weather conditions, the refuge manager may close all or any portion of the refuge to vehicular traffic for such periods as deemed advisable in the interest of public safety.

    (2) The refuge manager may make exceptions to access restrictions, if they are compatible with refuge purposes, for qualified permittees who have demonstrated to the refuge manager a need for additional access relating to health or livelihood.

    (3) The refuge manager may grant one-time use authorization for vehicular access through the refuge to individuals, not otherwise qualified above, who have demonstrated to the refuge manager that there is no feasible alternative to the access requested. Authorization for access under this provision will not be based on convenience to the applicant.

    (4) Medical access waiver permits may be issued under the following conditions:

    (i) The Regional Director may grant access to non-eligible permanent residents who can show proof that their physical health is such that life-threatening situations may result from more arduous travel conditions. The submission of substantiating medical records is required to be considered for a medical access waiver.

    (ii) All medical access waiver permittees will be required to prove that their medical condition is or continues to be such that a life-threatening situation would result from more arduous travel conditions. Such proof shall be required prior to the issuance of an access permit, and at 3-year intervals thereafter.

    (iii) A second medical opinion will be required by the Regional Director prior to the issuance or re-issuance of any such permit. This second opinion will be provided for at Service expense, by a government designated physician.

    (iv) No additional medical access waiver permits will be issued after December 31, 1987.

    (v) Previous holders of medical access waiver permits will retain access subject to paragraph (k)(4) (ii) and (iii) of this section.

    (l) Violation of rules. Violators of these special regulations pertaining to Back Bay NWR are subject to legal action as prescribed by 50 CFR 25.43 and part 28, including suspension or revocation of all permits issued to the violator or responsible permittee. The refuge manager may deny access permits to applicants who, during the 2 years immediately preceding the date of application, have formally been charged and successfully prosecuted for three or more violations of these or other regulations in effect at Back Bay NWR. Individuals whose vehicle access privileges are suspended, revoked, or denied may, within 30 days, file a written appeal of the action to the Assistant Regional Director-Refuges and Wildlife, One Gateway Center, Suite 700, Newton Corner, Massachusetts 02158, in accordance with 50 CFR 25.45(c).

    (m) Other access rules. (1) No permit will remain in effect beyond December 31 of the year in which it was issued. Permits may be renewed upon the submission of appropriate updated information relating to the permit, and a signed statement that the conditions under which the previous permit was issued have not changed. In the event of any changes of conditions under which the permit is granted, the permittee shall notify the refuge manager in writing within 30 days. Failure to report changes may result in suspension/revocation of the permit.

    (2) Vehicles shall be operated on the refuge beach only by the permittee or other authorized drivers. Permit holders shall not tow, transport or operate vehicles owned by non-permit holders through the refuge. Non-commercial permit holders may tow utility and boat trailers when being used for their personal use only. Any towed vehicle shall have advance approval from the refuge manager prior to being brought through the refuge. This access privilege is not to be used for any commercial purpose.

    (3) The refuge manager may prescribe restrictions as to the types of vehicles to be permitted to ensure public safety and adherence to all applicable rules and regulations.

    (4) A magnetic card will be issued to each authorized driver only for his or her operation of the computer controlled gate. No more than two cards will be issued per family. Only one vehicle will be permitted to pass for each gate opening. Unauthorized use of the magnetic card may result in suspension of the permit. A fee will be charged to replace lost or misplaced cards. Malfunctioning cards will be replaced at no charge.

    (5) Access is granted for the purpose of travel to and from the permittee's residence and/or place of business. Access is not authorized for the purpose of transporting individuals for hire, or for the transport of prospective real estate clients to or from the Outer Banks of North Carolina, or for any other purpose not covered in this rule.

    General Rules

    (n) Entry on foot, bicycle or motor vehicle. Entry on foot, bicycle, or by motor vehicle on designated routes is permitted one-half hour before sunrise to one-half hour after sunset for the purposes of nature observation and study, photography, hiking, surf fishing, and bicycling.

    (o) Beach-oriented uses. Designated areas of the refuge beach are open to wildlife/wildlands-oriented recreation only as outlined in paragraph (n) of this section. Entry to the beach is via designated access points only.

    (p) Parking. Limited parking at the refuge office/visitor contact station is permitted only in designated spaces. Parking is available on a first-come, first-serve basis for persons engaged in wildlife/wildlands-oriented recreation only as outlined in paragraph (n) of this section.

    (q) Fires. All fires are prohibited.

    (r) Pets. Dogs and other pets, on a hand-held leash not exceeding 10 feet in length, are permitted from October 1 through March 31.

    (s) Other general rules. (1) Pedestrians and vehicular traffic in the sand dunes are prohibited.

    (2) Use by all groups exceeding 10 individuals will require a Special Use Permit, issued by the refuge manager.

    (3) Registered motor vehicles and motorized bicycles (mopeds) are permitted on the paved refuge access road and parking lot at refuge headquarters. All other motorized vehicular use is prohibited, except as specifically authorized pursuant to this rule.

    (4) The information collection requirement contained in this rule has been approved by the Office of Management and Budget under 44 U.S.C. 3501, et seq., and has been assigned the number 1018-0014. The information being collected is used to determine eligibility for issuing a vehicular access permit and a response is required to obtain a benefit.

    [52 FR 35715, Sept. 23, 1987] Editorial Note:

    For Federal Register citations to regulations affecting temporary and special regulations on national wildlife refuges, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
    § 26.35 Cabin sites.

    (a) There shall be no new private cabin site permits issued for national wildlife refuges. All appropriate provisions of 43 CFR part 21 apply to the phaseout of existing permits on national wildlife refuges.

    (b) No new government owned cabin site permits for private recreational purposes shall be issued nor shall existing permits be renewed.

    § 26.36 Public assemblies and meetings.

    (a) Public meetings, assemblies, demonstrations, parades and other public expressions of view may be permitted within a national wildlife refuge open to public use, provided a permit therefore has been issued by the refuge manager.

    (b) Any application for such permit shall set forth the name of the applicant, the date, time, duration, nature and place of the proposed event, an estimate of the number of persons expected to attend, and a statement of equipment and facilities to be used in connection therewith.

    (c) The refuge manager may issue a permit on proper application unless:

    (1) A prior application for the same time and place has been made which has been or will be granted; or

    (2) The activity will present a clear and present danger to public health or safety, or undue disturbance to the other users or resources of the area; or

    (3) The activity is of such nature that it cannot be reasonably accommodated in the particular national wildlife refuge; or

    (4) The activity conflicts with the purposes of the national wildlife refuge.

    (d) The permit may contain such conditions as are reasonably consistent with protection and use of the national wildlife refuge for the purpose for which it is maintained. It may also contain reasonable limitations on the time and area within which the activity is permitted.

    § 26.41 What is the process for determining if a use of a national wildlife refuge is a compatible use?

    The Refuge Manager will not initiate or permit a new use of a national wildlife refuge or expand, renew, or extend an existing use of a national wildlife refuge, unless the Refuge Manager has determined that the use is a compatible use. This section provides guidelines for making compatibility determinations, and procedures for documenting compatibility determinations and for periodic review of compatibility determinations. We will usually complete compatibility determinations as part of the comprehensive conservation plan or step-down management plan process for individual uses, specific use programs, or groups of related uses described in the plan. We will make all compatibility determinations in writing.

    (a) What information do we include in a compatibility determination? All compatibility determinations will include the following information:

    (1) The proposed or existing use;

    (2) The name of the national wildlife refuge;

    (3) The authorities used to establish the national wildlife refuge;

    (4) The purpose(s) of the national wildlife refuge;

    (5) The National Wildlife Refuge System mission;

    (6) The nature and extent of the use including the following:

    (i) What is the use? Is the use a priority public use?;

    (ii) Where would the use be conducted?;

    (iii) When would the use be conducted?;

    (iv) How would the use be conducted?; and

    (v) Why is the use being proposed?.

    (7) An analysis of costs for administering and managing each use;

    (8) The anticipated impacts of the use on the national wildlife refuge's purposes and the National Wildlife Refuge System mission;

    (9) The amount of opportunity for public review and comment provided;

    (10) Whether the use is compatible or not compatible (does it or will it materially interfere with or detract from the fulfillment of the National Wildlife Refuge System mission or the purpose(s) of the national wildlife refuge);

    (11) Stipulations necessary to ensure compatibility;

    (12) A logical explanation describing how the proposed use would, or would not, materially interfere with or detract from the fulfillment of the National Wildlife Refuge System mission or the purpose(s) of the national wildlife refuge;

    (13) The Refuge Manager's signature and date signed; and

    (14) The Regional Chief's concurrence signature and date signed.

    (15) The mandatory 10- or 15-year re-evaluation date.

    (b) Making a use compatible through replacement of lost habitat values or other compensatory mitigation. We will not allow compensatory mitigation to make a proposed refuge use compatible, except by replacement of lost habitat values as provided in paragraph (c) of this section. If we cannot make the proposed use compatible with stipulations we cannot allow the use.

    (c) Existing right-of-ways. We will not make a compatibility determination and will deny any request for maintenance of an existing right-of-way which will affect a unit of the National Wildlife Refuge System, unless: the design adopts appropriate measures to avoid resource impacts and includes provisions to ensure no net loss of habitat quantity and quality; restored or replacement areas identified in the design are afforded permanent protection as part of the national wildlife refuge or wetland management district affected by the maintenance; and all restoration work is completed by the applicant prior to any title transfer or recording of the easement, if applicable. Maintenance of an existing right-of-way includes minor expansion or minor realignment to meet safety standards.

    (d) Termination of uses that are not compatible. When we determine an existing use is not compatible, we will expeditiously terminate or modify the use to make it compatible. Except with written authorization by the Director, this process of termination or modification will not exceed 6 months from the date that the compatibility determination is signed.

    [65 FR 62482, Oct. 18, 2000]
    Pt. 27 PART 27—PROHIBITED ACTS Subpart A—Introduction Sec. 27.11 Purpose of regulations. Subpart B—Taking Violations 27.21 General provisions. Subpart C—Disturbing Violations: With Vehicles 27.31 General provisions regarding vehicles. 27.32 Boats. 27.33 Water skiing. 27.34 Aircraft. Subpart D—Disturbing Violations: With Weapons 27.41 General provisions. 27.42 Firearms. 27.43 Weapons other than firearms. Subpart E—Disturbing Violations: Against Plants and Animals 27.51 Disturbing, injuring, and damaging plants and animals. 27.52 Introduction of plants and animals. Subpart F—Disturbing Violations: Against Nonwildlife Property 27.61 Destruction or removal of property. 27.62 Search for and removal of objects of antiquity. 27.63 Search for and removal of other valued objects. 27.64 Prospecting and mining. 27.65 Tampering with vehicles and equipment. Subpart G—Disturbing Violations: Light and Sound Equipment 27.71 Motion or sound pictures. 27.72 Audio equipment. 27.73 Artificial lights. Subpart H—Disturbing Violations: Personal Conduct 27.81 Alcoholic beverages. 27.82 Possession and delivery of controlled substances. 27.83 Indecency and disorderly conduct. 27.84 Interference with persons engaged in authorized activities. 27.85 Gambling. 27.86 Begging. Subpart I—Other Disturbing Violations 27.91 Field trials. 27.92 Private structures. 27.93 Abandonment of property. 27.94 Disposal of waste. 27.95 Fires. 27.96 Advertising. 27.97 Private operations. Authority:

    Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); Sec. 5, 43 Stat. 651 (16 U.S.C. 725); Sec. 5, Stat. 449 (16 U.S.C. 690d); Sec. 10, 45 Stat. 1224 (16 U.S.C. 715i); Sec. 4, 48 Stat. 402, as amended (16 U.S.C. 664); Sec. 2, 48 Stat. 1270 (43 U.S.C. 315a); 49 Stat. 383 as amended; Sec. 4, 76 Stat. (16 U.S.C. 460k); Sec. 4, 80 Stat. 927 (16 U.S.C. 668dd) (5 U.S.C. 685, 752, 690d); 16 U.S.C. 715s).

     Source:

    41 FR 9168, Mar. 3, 1976, unless otherwise noted.

    Subpart A—Introduction
    § 27.11 Purpose of regulations.

    The regulations in this part 27 govern those acts by the public which are prohibited at all times except as permitted in this part, part 26, and part 25, subpart D—Permits.

    [42 FR 56954, Oct. 31, 1977]
    Subpart B—Taking Violations
    § 27.21 General provisions.

    No person shall take any animal or plant on any national wildlife refuge, except as authorized under 50 CFR 27.51 and parts 31, 32, and 33 of this subchapter C.

     Subpart C—Disturbing Violations: With Vehicles
    § 27.31 General provisions regarding vehicles.

    Travel in or use of any motorized or other vehicles, including those used on air, water, ice, snow, is prohibited on national wildlife refuges except on designated routes of travel, as indicated by the appropriate traffic control signs or signals and in designated areas posted or delineated on maps by the refuge manager and subject to the following requirements and limitations:

    (a) Unless specifically covered by the general and special regulations set forth in this chapter, the laws and regulations of the State within whose exterior boundaries a national wildlife refuge or portion thereof is located shall govern traffic and the operation and use of vehicles. Such State laws and regulations which are now or may hereafter be in effect are hereby adopted and made a part of the regulations in this part.

    (b) No operator of a vehicle shall be under the influence of intoxicating beverages or controlled substances.

    (c) Driving or operating any vehicle carelessly or heedlessly, or in willful or wanton disregard for the rights or safety of other persons, or without due care or at a speed greater than is reasonable and prudent under prevailing conditions, having regard to traffic, weather, wildlife, road, and light conditions, and surface, width, and character of the travel way is prohibited. Every operator shall maintain such control of the vehicle as may be necessary to avoid danger to persons or property or wildlife.

    (d) The vehicle speed limit shall not exceed 25 m.p.h. except as otherwise legally posted.

    (e)(1) Every motor vehicle shall at all time be equipped with a muffler in good working order, and which cannot be removed or otherwise altered while the vehicle is being operated on a national wildlife refuge. To prevent excessive or unusual noise no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle. A vehicle that produces unusual or excessive noise or visible pollutants is prohibited.

    (2) A refuge manager, by posting of appropriate signs or by marking on a map which shall be available at the refuge headquarters, may require that any motor vehicle operating in the designated area shall be equipped with a spark arrestor that meets Standard 5100-1a of the U.S. Forest Service, Department of Agriculture which standard includes the requirements that such spark arrestor shall have an efficiency to retain or destroy at least 80 percent of carbon particles, for all flow rates, and that such spark arrestor has been warranted by its manufacturer as meeting the above mentioned efficiency requirement for at least 1,000 hours, subject to normal use, with maintenance and mounting in accordance with the manufacturers recommendations.

    (f) The operation of a vehicle which does not bear valid license plates and is not properly certified, registered, or inspected in accordance with applicable State laws is prohibited.

    (g) Driving or permitting another person to drive a vehicle without valid license is prohibited. A valid driver's or operator's license must be displayed upon the request of any authorized official.

    (h) Stopping, parking or leaving any vehicle, whether attended or unattended, upon any road, trail, or fire lane so as to obstruct the free movement of other vehicles is prohibited, except in the event of accident or other conditions beyond the immediate control of the operator, or as otherwise directed by an authorized official.

    (i) All persons shall obey the lawful order or signal of any authorized official directing, controlling, or regulating the movement of traffic.

    (j) Load, weight and width limitations, as may be necessary, shall be prescribed and the public advised under provisions of § 25.31. Such limitations must be complied with by the operators of all vehicles.

    (k) A motor vehicle involved in an accident is not to be moved until an authorized official arrives at the scene of the accident, unless such vehicle constitutes a traffic or safety hazard.

    (l) A motor vehicle shall not be operated at anytime without proper brakes and brake lights, or from sunset to sunrise without working headlights and taillights which comply with the regulations for operation on the roads of the State within whose boundaries the refuge is located.

    (m) Such other requirements which are established under the provisions of this subchapter C.

    § 27.32 Boats.

    (a) The use of boats in national wildlife refuges is prohibited except as may be authorized under and subject to the requirements set forth below.

    (b) When the use of boats is permitted on any national wildlife refuge, the public will be notified under the provisions of this subchapter C and the following operational requirements and limitations will apply:

    (1)(i) In addition to the regulations contained in this part, the U.S. Coast Guard Regulations, titles 33 and 46 CFR, are applicable on navigable waters of the United States.

    (ii) Unless specifically covered by the general and special regulations set forth in this chapter, the laws and regulations of the State within whose exterior boundaries a national wildlife refuge or portion thereof is located shall govern boating and the operation and use of boats. Such laws and regulations which are now or may hereafter be in effect are hereby adopted and made a part of the regulations in this part.

    (2) No operator or person in charge of any boat shall operate or knowingly permit any other person to operate a boat in a reckless or negligent manner, or in a manner so as to endanger or be likely to endanger any person, property or wildlife.

    (3) No person shall operate or be in actual physical control of a boat while under the influence of intoxicating beverages or controlled substances.

    (4) No person shall operate a boat in a manner which will unreasonably interfere with other boats or with free and proper navigation of the waterways of the areas. Anchoring in heavily traveled channels or main thoroughfares shall constitute such interference if unreasonable in the prevailing circumstances.

    (5) No person shall operate a boat on refuge waters that has a marine head (toilet) unless it conforms to Environmental Protection Agency regulations regarding sewage discharge.

    (6) Every sailboat when underway from sunset to sunrise shall carry and exhibit a bright white light visible all around the horizon for a distance of two miles.

    (7) Leaving any boat unattended, outside of designated mooring or beaching areas, for a period in excess of 72 hours without written permission of the refuge manager is prohibited and any boat so left may be impounded by the refuge manager.

    (8) Government-owned docks, piers, and floats are not to be used for loading and unloading of boats, except in emergencies or unless specifically authorized by the refuge manager.

    § 27.33 Water skiing.

    When water skiing is permitted upon national wildlife refuge waters, the public will be notified under the provisions of this subchapter C and the following requirements and limitations will apply:

    (a) Water skiing is permitted only during daylight hours and during periods posted or otherwise designated under the provisions of this subchapter C.

    (b) When a skier is in “tow” there must be two persons in the boat at all times, with one person not operating the boat, acting as an observer of the skier in tow.

    (c) The direction of a tow boat when circling will be counter clockwise.

    (d) Skiers must wear U.S. Coast Guard approved ski belts, life jackets or buoyant vests.

    (e) Water skiing is prohibited within 300 feet of harbors, swimming beaches, and mooring areas, and within 100 feet of any designated swimming area.

    § 27.34 Aircraft.

    The unauthorized operation of aircraft, including sail planes, and hang gliders, at altitudes resulting in harassment of wildlife, or the unauthorized landing or take-off on a national wildlife refuge, except in an emergency, is prohibited. National wildlife refuge boundaries are designated on up-date FAA aeronautical charts.

     Subpart D—Disturbing Violations: With Weapons
    § 27.41 General provisions.

    Carrying, possessing, or discharging firearms, fireworks, or explosives on national wildlife refuges is prohibited unless specifically authorized under the provisions of this subchapter C.

    § 27.42 Firearms.

    Only the following persons may possess, use, or transport firearms on national wildlife refuges in accordance with this section and applicable Federal and State law:

    (a) Persons using firearms for public hunting under the provisions of 50 CFR part 32.

    (b) Persons carrying unloaded firearms, that are dismantled or cased, in vehicles and boats over routes of travel designated under the provision of subchapter C.

    (c) Persons authorized to use firearms for the taking of specimens of wildlife for scientific purposes.

    (d) Persons authorized by special regulations or permits to possess or use firearms for the protection of property, for field trials, and other special purposes.

    [46 FR 47230, Sept. 25, 1981]
    § 27.43 Weapons other than firearms.

    The use or possession of cross bows, bows and arrows, air guns, spears, gigs, or other weapons on national wildlife refuges is prohibited except as may be authorized under the provision of this subchapter C.

    [46 FR 47230, Sept. 25, 1981]
    Subpart E—Disturbing Violations: Against Plants and Animals
    § 27.51 Disturbing, injuring, and damaging plants and animals.

    (a) Disturbing, injuring, spearing, poisoning, destroying, collecting or attempting to disturb, injure, spear, poison, destroy or collect any plant or animal on any national wildlife refuge is prohibited except by special permit unless otherwise permitted under this subchapter C.

    (b) [Reserved]

    § 27.52 Introduction of plants and animals.

    Plants and animals or their parts taken elsewhere shall not be introduced, liberated, or placed on any national wildlife refuge except as authorized.

     Subpart F—Disturbing Violations: Against Nonwildlife Property
    § 27.61 Destruction or removal of property.

    The destruction, injury, defacement, disturbance, or the unauthorized removal of any public property including natural objects or private property on or from any national wildlife refuge is prohibited.

    § 27.62 Search for and removal of objects of antiquity.

    No person shall search for or remove from national wildlife refuges objects of antiquity except as may be authorized by 43 CFR part 3.

    § 27.63 Search for and removal of other valued objects.

    (a) No person shall search for buried treasure, treasure trove, valuable semi-precious rocks, stones, or mineral specimens on national wildlife refuges unless authorized by permit or by provision of this subchapter C.

    (b) Permits are required for archeological studies on national wildlife refuges in accordance with the provisions of this subchapter C.

    § 27.64 Prospecting and mining.

    Prospecting, locating, or filing mining claims on national wildlife refuges is prohibited unless otherwise provided by law. See § 29.31 for provisions concerning mineral leasing.

    [41 FR 9168, Mar. 3, 1976, as amended at 44 FR 42976, July 23, 1979]
    § 27.65 Tampering with vehicles and equipment.

    Tampering with, entering, or starting any motor vehicle, boat, equipment or machinery or attempting to tamper with, enter, or start any motor vehicle, boat, equipment or machinery on any national wildlife refuge without proper authorization is prohibited.

     Subpart G—Disturbing Violations: Light and Sound Equipment
    § 27.71 Motion or sound pictures.

    The taking or filming of any motion or sound pictures on a national wildlife refuge for subsequent commercial use is prohibited except as may be authorized under the provisions of 43 CFR part 5.

    § 27.72 Audio equipment.

    The operation or use of audio devices including radios, recording and playback devices, loudspeakers, television sets, public address systems and musical instruments so as to cause unreasonable disturbance to others in the vicinity is prohibited.

    § 27.73 Artificial lights.

    No unauthorized person shall use or direct the rays of a spotlight or other artificial light, or automotive headlights for the purpose of spotting, locating, or taking any animal within the boundaries of any national wildlife refuge or along rights-of-way for public or private roads within a national wildlife refuge.

     Subpart H—Disturbing Violations: Personal Conduct
    § 27.81 Alcoholic beverages.

    Entering or remaining in any national wildlife refuge when under the influence of alcohol, to a degree that may endanger oneself or other persons or property or unreasonably annoy persons in the vicinity, is prohibited.

    § 27.82 Possession and delivery of controlled substances.

    (a) Definitions for the purpose of this section:

    (1) The term controlled substance means a drug or other substance, or immediate precursor, included in schedules I, II, III, IV, or V of part B of the Controlled Substance Act (21 U.S.C. 812) or any drug or substance added to these schedules pursuant to the terms of the Controlled Substance Act.

    (2) The term practitioner means a physician, dentist, veterinarian, scientific investigator, pharmacist, or other person licensed, registered, or otherwise permitted by the United States or the jurisdiction in which he practices to distribute or possess a controlled substance in the course of professional practice.

    (3) The term delivery means the actual, attempted or constructive transfer and/or distribution of a controlled substance, whether or not there exists an agency relationship.

    (b) Offenses. (1) The delivery of any controlled substance on a national wildlife refuge is prohibited, except that distributed by a practitioner in accordance with applicable law.

    (2) The possession of a controlled substance on a national wildlife refuge is prohibited unless such substance was obtained by the possessor directly, or pursuant to a valid prescription or order, from a practitioner acting in the course of his professional practice, or except as otherwise authorized by applicable law.

    (3) Presence in a national wildlife refuge when under the influence of a controlled substance to a degree that may endanger oneself, or another person, or property, or may cause unreasonable interference with another person's enjoyment of a national wildlife refuge is prohibited.

    § 27.83 Indecency and disorderly conduct.

    Any act of indecency or disorderly conduct as defined by State or local laws is prohibited on any national wildlife refuge.

    § 27.84 Interference with persons engaged in authorized activities.

    Disturbing, molesting, or interfering with any employee of the United States or of any local or State government engaged in official business, or with any private person engaged in the pursuit of an authorized activity on any national wildlife refuge is prohibited.

    § 27.85 Gambling.

    Gambling in any form, or the operation of gambling devices, for money or otherwise, on any national wildlife refuge is prohibited.

    § 27.86 Begging.

    Begging on any national wildlife refuge is prohibited. Soliciting of funds for the support or assistance of any cause or organization is also prohibited unless properly authorized.

     Subpart I—Other Disturbing Violations
    § 27.91 Field trials.

    The conducting or operation of field trials for dogs on national wildlife refuges is prohibited except as may be authorized by special permit.

    § 27.92 Private structures.

    No person shall without proper authority construct, install, occupy, or maintain any building, log boom, pier, dock, fence, wall, pile, anchorage, or other structure or obstruction in any national wildlife refuge.

    § 27.93 Abandonment of property.

    Abandoning, discarding, or otherwise leaving any personal property in any national wildlife refuge is prohibited.

    § 27.94 Disposal of waste.

    (a) The littering, disposing, or dumping in any manner of garbage, refuse sewage, sludge, earth, rocks, or other debris on any national wildlife refuge except at points or locations designated by the refuge manager, or the draining or dumping of oil, acids, pesticide wastes, poisons, or any other types of chemical wastes in, or otherwise polluting any waters, water holes, streams or other areas within any national wildlife refuge is prohibited.

    (b) Persons using a national wildlife refuge shall comply with the sanitary requirements established under the provisions of this subchapter C for each individual refuge; the sanitation provisions which may be included in leases, agreements, or use permits, and all applicable Federal and State laws.

    § 27.95 Fires.

    On all national wildlife refuges persons are prohibited from the following:

    (a) Setting on fire or causing to be set on fire any timber, brush, grass, or other inflammable material including camp or cooking fires, except as authorized by the refuge manager or at locations designated for that purpose or as provided for under § 26.33(c) of this subchapter C.

    (b) Leaving a fire unattended or not completely extinguished;

    (c) Throwing a burning cigarette, match, or other lighted substance from any moving conveyance or throwing of same in any place where it may start a fire; and

    (d) Smoking on any lands, including roads, or in any buildings which have been designated and/or posted with no smoking signs.

    § 27.96 Advertising.

    Except as may be authorized, posting, distributing, or otherwise displaying private or public notices, advertisements, announcements, or displays of any kind in any national wildlife refuge, other than business designations on private vehicles or boats is prohibited.

    § 27.97 Private operations.

    Soliciting business or conducting a commercial enterprise on any national wildlife refuge is prohibited except as may be authorized by special permit.

         Pt. 28 PART 28—ENFORCEMENT, PENALTY, AND PROCEDURAL REQUIREMENTS FOR VIOLATIONS OF PARTS 25, 26, AND 27 Subpart A—Introduction Sec. 28.11 Purpose of regulations. Subpart B—Enforcement Authority 28.21 General provisions. Subpart C—Penalty Provisions 28.31 General penalty provisions. 28.32 Penalty provisions concerning fires and timber. Subpart D—Impoundment Procedures 28.41 Impoundment of abandoned property. 28.42 Impounding of domestic animals. 28.43 Destruction of dogs and cats. Authority:

    Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); sec. 5, 43 Stat. 651 (16 U.S.C. 725); sec. 5, 45 Stat. 449 (16 U.S.C. 690d); sec. 10, 45 Stat. 1224 (16 U.S.C. 715i); sec. 4, 48 Stat. 402, as amended (16 U.S.C. 664); sec. 2, 48 Stat. 1270 (43 U.S.C. 315a); sec. 4, 76 Stat. 654 (16 U.S.C. 460k); sec. 4, 80 Stat. 927 (16 U.S.C. 668dd) (5 U.S.C. 301).

     Source:

    41 FR 9171, Mar. 3, 1976, unless otherwise noted.

    Subpart A—Introduction
    § 28.11 Purpose of regulations.

    The regulations in this part govern the enforcement, penalty and procedural requirements for violations of parts 25, 26, and 27.

     Subpart B—Enforcement Authority
    § 28.21 General provisions.

    Refuge managers and other authorized personnel are authorized pursuant to authority delegated from the Secretary and which has been published in the Federal Register (Administrative Manual 4 AM 4.2) to protect fish and wildlife and their habitat and prevent their disturbance, to protect Service lands, property, facilities, or interests therein and to insure the safety of the using public to the fullest degree possible. The control of recreational use will be enforced to meet these purposes pursuant to Federal, State, and local laws and regulations: The provisions of this subchapter C and any special regulations issued pursuant thereto; and the prohibitions and restrictions as posted.

    [41 FR 9171, Mar. 3, 1976, as amended at 44 FR 42976, July 23, 1979; 51 FR 7575, Mar. 5, 1986]
    Subpart C—Penalty Provisions
    § 28.31 General penalty provisions.

    (a) Any person who violates any of the provisions, rules, regulations, posted signs, or special regulations of this subchapter C, or any items, conditions or restrictions in a permit, license, grant, privilege, or any other limitation established under the subchapter C shall be subject to the penalty provisions of this section.

    (b) Failure of any person, utilizing the resources of any national wildlife refuge or enjoying any privilege of use thereon for any purpose whatsoever, to comply with any of the provisions, conditions, restrictions, or requirements of this subchapter C or to comply with any applicable provisions of Federal or State law may render such person liable to:

    (1) The penalties as prescribed by law. (Sec. 4, 76 Stat. 654, 16 U.S.C. 460k-3; Sec. 4, 80 Stat. 927, as amended, 16 U.S.C. 668dd(e); Sec. 7, 60 Stat. 1080, 16 U.S.C. 666a; Sec. 6, 40 Stat. 756, as amended, 16 U.S.C. 707; Sec. 7, 48 Stat. 452, 16 U.S.C. 718g; Sec. 2, 33 Stat. 614, as amended, 18 U.S.C. 41.)

    (2) [Reserved]

    § 28.32 Penalty provisions concerning fires and timber.

    (a) Any person violating sections 1855-1856 of the Criminal Code (18 U.S.C. 1855-1856) as they pertain to fires on national wildlife refuge lands of the United States shall be subject to civil action and to the penalty provisions of the law.

    (b) Any person violating sections 1852-1853 of the Criminal Code (18 U.S.C. 1852-1853) as they pertain to timber on national wildlife refuge lands of the United States shall be subject to civil action and to the penalty provisions of the law.

     Subpart D—Impoundment Procedures
    § 28.41 Impoundment of abandoned property.

    Any property abandoned or left unattended without authority on any national wildlife refuge for a period in excess of 72 hours is subject to removal. The expense of the removal shall be borne by the person owning or claiming ownership of the property. Such property is subject to sale or other disposal after 3 months, in accordance with section 203m of the Federal Property and Administrative Services Act of 1959, as amended (40 U.S.C. 484m), and regulations issued thereunder. Former owners may apply within 3 years for reimbursement for such property, subject to disposal and storage costs and similar expenses, upon sufficient proof of ownership.

    § 28.42 Impounding of domestic animals.

    (a) Any animal trespassing on the lands of any national wildlife refuge may be impounded and disposed of in accordance with State statutes insofar as they may be applicable. In the absence of such State statutes, the animals shall be disposed of in accordance with this section.

    (b) If the owner is known, prompt written notice of the impounding will be served in person with written receipt obtained or delivery by certified mail with return receipt requested. In the event of his failure to remove the impounded animal within five (5) days from receipt of such notice, it will be sold or otherwise disposed of as prescribed in this section.

    (c) If the owner is unknown, no disposition of the animal shall be made until at least fifteen (15) days have elapsed from the date of a legal notice of the impounding has been posted at the county courthouse and 15 days after the second notice published in a newspaper in general circulation in the county in which the trespass took place.

    (d) The notice shall state when and where the animal was impounded and shall describe it by brand or earmark or distinguishing marks or by other reasonable identification. The notice shall specify the time and place the animal will be offered at public sale to the highest bidder, in the event it is not claimed or redeemed. The notice shall reserve the right of the official conducting the sale to reject any and all bids so received.

    (e) Prior to such sale, the owner may redeem the animal by submitting proof of ownership and paying all expenses of the United States for, capturing, impounding, advertising, care, forage, and damage claims.

    (f) If an animal impounded under this section is offered at public sale and no bid is received or if the highest bid received is an amount less than the claim of the United States, the animal may be sold at private sale for the highest amount obtainable, or be condemned and destroyed or converted to the use of the United States. Upon the sale of any animal in accordance with this section, the buyer shall be issued a certificate of sale.

    (g) In determining the claim of the Federal Government in all livestock trespass cases on national wildlife refuges, the value of forage consumed shall be computed at the commercial unit rate prevailing in the locality for that class of livestock. In addition, the claim shall include damages to national wildlife refuge property injured or destroyed, and all the related expenses incurred in the impounding, caring for and disposing of the animal. The salary of Service employees for the time spent in and about the investigations, reports, and settlement or prosecution of the case shall be prorated in computing the expense. Payment of claims due the United States shall be made by certified check or postal money order payable to the U.S. Fish and Wildlife Service.

    § 28.43 Destruction of dogs and cats.

    Dogs and cats running at large on a national wildlife refuge and observed by an authorized official in the act of killing, injuring, harassing or molesting humans or wildlife may be disposed of in the interest of public safety and protection of the wildlife.

         Pt. 29 PART 29—LAND USE MANAGEMENT Subpart A—General Rules Sec. 29.1 May we allow economic uses on national wildlife refuges? 29.2 Cooperative land management. 29.3-29.4 [Reserved] 29.5 Fees. Subpart B—Rights-of-Way General Regulations 29.21 What do these terms mean? 29.21-1 Purpose and scope. 29.21-2 Application procedures. 29.21-3 Nature of interest granted. 29.21-4 Terms and conditions. 29.21-5 Construction. 29.21-6 Disposal, transfer or termination of interest. 29.21-7 What payment do we require for use and occupancy of national wildlife refuge lands? 29.21-8 Electric power transmission line rights-of-way. 29.21-9 Rights-of-way for pipelines for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom. 29.22 Hearing and appeals procedures. Subpart C—Mineral Operations 29.31 Mineral ownerships in the United States. 29.32 Mineral rights reserved and excepted. Authority:

    Sec. 2, 33 Stat. 614, as amended, sec. 5, 43 Stat. 651, secs. 5, 10, 45 Stat. 449, 1224, secs. 4, 2, 48 Stat. 402, as amended, 1270, sec. 4, 76 Stat. 645; 5 U.S.C. 301, 16 U.S.C. 668dd, 685, 725, 690d, 715i, 664, 43 U.S.C. 315a, 16 U.S.C. 460k; 80 Stat. 926.

     Source:

    31 FR 16026, Dec. 15, 1966, unless otherwise noted.

    Subpart A—General Rules
    § 29.1 May we allow economic uses on national wildlife refuges?

    We may only authorize public or private economic use of the natural resources of any national wildlife refuge, in accordance with 16 U.S.C. 715s, where we determine that the use contributes to the achievement of the national wildlife refuge purposes or the National Wildlife Refuge System mission. We may authorize economic use by appropriate permit only when we have determined the use on a national wildlife refuge to be compatible. Persons exercising economic privileges on national wildlife refuges will be subject to the applicable provisions of this subchapter and of other applicable laws and regulations governing national wildlife refuges. Permits for economic use will contain such terms and conditions that we determine to be necessary for the proper administration of the resources. Economic use in this section includes but is not limited to grazing livestock, harvesting hay and stock feed, removing timber, firewood or other natural products of the soil, removing shell, sand or gravel, cultivating areas, or engaging in operations that facilitate approved programs on national wildlife refuges.

    [65 FR 62483, Oct. 18, 2000]
    § 29.2 Cooperative land management.

    Cooperative agreements with persons for crop cultivation, haying, grazing, or the harvest of vegetative products, including plantlife, growing with or without cultivation on wildlife refuge areas may be executed on a share-in-kind basis when such agreements are in aid of or benefit to the wildlife management of the area.

    §§ 29.3-29.4 [Reserved]
    § 29.5 Fees.

    Fees and charges for the grant of privileges on wildlife refuge areas and for the sale of products taken therefrom, where not otherwise prescribed by law or regulation, shall be set at a rate commensurate with fees and charges for similar privileges and products made by private land owners in the vicinity or in accordance with their local value. Fees or rates of charge for products and privileges may be based either on a monetary exchange or on a share in kind of the resource or product.

     Subpart B—Rights-of-Way General Regulations
    § 29.21 What do these terms mean?

    Compatible use means a proposed or existing wildlife-dependent recreational use or any other use of a national wildlife refuge that, based on sound professional judgment, will not materially interfere with or detract from the fulfillment of the National Wildlife Refuge System mission or the purposes of the national wildlife refuge. The term “inconsistent” in section 28(b)(1) of the Mineral Leasing Act of 1920 (30 U.S.C. 185) means a use that is not compatible.

    Department means U.S. Department of the Interior unless otherwise specified.

    National Wildlife Refuge System land means lands and waters, or interests therein, administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas.

    Other lands means all other lands, or interests therein, and waters administered by the Secretary through the U.S. Fish and Wildlife Service which are not included in National Wildlife Refuge System lands, e.g., administrative sites, research stations, fish hatcheries, and fishery research stations.

    Project Manager means the officer in charge of the land under administration by the U.S. Fish and Wildlife Service.

    [34 FR 19907, Dec. 19, 1969, as amended at 39 FR 5490, Feb. 13, 1974; 42 FR 43917, Aug. 31, 1977; 44 FR 42976, July 23, 1979; 48 FR 31655, July 11, 1983; 51 FR 7575, Mar. 5, 1986; 65 FR 62483, Oct. 18, 2000]
    § 29.21-1 Purpose and scope.

    The regulations in this subpart prescribe the procedures for filing applications and the terms and conditions under which rights-of-way over and across the lands administered by the U.S. Fish and Wildlife Service may be granted.

    (a) National Wildlife Refuge System lands. Applications for all forms of rights-of-way on or over such lands shall be submitted under authority of Pub. L. 89-669, (80 Stat. 926; 16 U.S.C. 668dd) as amended, or for oil and gas pipelines under section 28 of the Mineral Leasing Act of 1920 (41 Stat. 449; 30 U.S.C. 185) as amended by Pub. L. 93-153, following application procedures set out in § 29.21-2. No right-of-way will be approved unless it is determined by the Regional Director to be compatible. See § 29.21-8 for additional requirements applicable to rights-of-way for electric power transmission lines and § 29.21-9 for additional requirements applicable to rights-of-way for pipelines for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom.

    (b) National Wildlife Refuge System lands—easement interest. Applications for all forms of rights-of-way across lands in which the United States owns only an easement interest may be submitted to the Regional Director in letter form. No map exhibit is required, however, the affected land should be described in the letter or shown on a map sketch. If the requested right-of-way will not adversely affect the United States’ interest, the Regional Director may issue a letter stating that the interest of the United States to the right-of-way easement would not be affected provided there would be no objection to a right-of-way by the fee owner. If the interest of the United States will be affected, application for the right-of-way must be submitted in accordance with procedures set out in § 29.21-2.

    (c) Other lands outside the National Wildlife Refuge System. Rights-of-way on or over other lands will be granted in accordance with controlling authorities cited in 43 CFR part 2800, or for oil and gas pipelines under section 28 of the Mineral Leasing Act of 1920 (41 Stat. 449; 30 U.S.C. 185) as amended by Pub. L. 93-153. See § 29.21-8 for additional requirements applicable to rights-of-way for electric power transmission lines and § 29.21-9 for additional requirements applicable to rights-of-way for pipelines for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any other refined product produced therefrom. Applications will be submitted in accordance with procedures set out in § 29.21-2.

    [34 FR 19907, Dec. 19, 1969, as amended at 36 FR 2402, Feb. 4, 1971; 39 FR 5490, Feb. 13, 1974; 42 FR 43917, Aug. 31, 1977; 44 FR 42976, July 23, 1979; 48 FR 31655, July 11, 1983]
    § 29.21-2 Application procedures.

    (a) Application. (1) No special form of application is required. The application should state the purpose for which the right-of-way is being requested together with the length, width on each side of the centerline, and the estimated acreage. Applications, including exhibits, shall be filed in triplicate with the Regional Director for the region in which the State is located. A list of States in each region and the addresses of the Regional Directors are contained in paragraph (c) of this section.

    (2)(i) All applications filed pursuant to this subpart in the name of individuals, corporations, or associations must be accompanied by a nonreturnable application fee. No application fee will be required of (A) State of local governments or agencies or instrumentalities thereof except as to rights-of-way, easements or permits under section 28 of the Mineral Leasing Act of 1920, as amended by Pub. L. 93-153, or (B) Federal Government agencies.

    (ii) Application fees will be in accordance with the following schedule:

    (A) For linear facilities (e.g., powerlines, pipelines, roads, etc.).

    Length Payment Less than 5 miles $50 per mile or fraction thereof. 5 to 20 miles $500. 20 miles and over $500 for each 20 miles or fraction thereof.

    (B) For nonlinear facilities, $250 for each 40 acres or fraction thereof.

    (C) Where an application includes both linear and nonlinear facilities, payment will be the aggregate of amounts under paragraphs (a)(2)(ii)(A) and (B) of this section.

    (D) When an application is received, the Regional Director will estimate the costs expected to be incurred in processing the application. If the estimated costs exceed the payments under paragraph (a)(2)(ii) (A), (B), or (C) of this section by an amount greater than the cost of maintaining actual cost records, the Regional Director shall require the applicant to make periodic payments in advance of the incurrence of such costs by the United States except for the last payment which will reflect final reimbursement for actual costs of the United States in processing the application. Overpayments may be refunded or adjusted by the Regional Director as appropriate.

    (E) The Regional Director shall, on request by an applicant or prospective applicant, give an estimate based on the best available cost information, of the costs which would be incurred by the United States in processing an application. However, reimbursement will not be limited to the estimate of the Regional Director if the actual costs exceed the estimate. Prospective applicants are encouraged to consult with the Regional Director in advance of filing an application in regard to probable costs and other requirements.

    (3)(i) By accepting an easement or permit under this subpart, the holder agrees to reimburse the United States for reasonable costs incurred by the Fish and Wildlife Service in monitoring the construction, operation, maintenance, and termination of facillities within or adjacent to the easement or permit area. No reimbursement of monitoring costs will be required of (A) State or local governments or agencies or instrumentalities thereof except as to right-of-way, easements, or permits granted under section 28 of the Mineral Leasing Act of 1920 as amended by Pub. L. 93-153, or (B) Federal Government agencies.

    (ii) Within 60 days of the issuance of an easement or permit the holder must submit a nonreturnable payment in accordance with the following:

    (A) For linear facilities e.g., powerlines, pipelines, roads, etc.).

    Length Payment Less than 5 miles $20 per mile or fraction thereof. 5 to 20 miles $200. 20 miles and over $200 for each 20 miles or fraction thereof.

    (B) For nonlinear facilities, $100 for each 40 acres or fraction thereof.

    (C) Where an easement or permit includes both linear and nonlinear facilities, payment will be the aggregate amounts under paragraph (a)(3)(2)(ii) (A) and (B) of this section.

    (D) When an easement or permit is granted the Regional Director shall estimate the costs, based on the best available cost information, expected to be incurred by the United States in monitoring holder activity. If the estimated costs exceed the payments under paragraph (a)(3)(2) (ii), (A), (B), or (C) of this section by an amount which is greater than the cost of maintaining actual cost records for the monitoring process, the Regional Director shall require the holder to make periodic payments of the estimated reimbursable costs prior to the incurrence of such costs by the United States. Overpayments may be refunded or adjusted by the Regional Director as appropriate.

    (E) Following the termination of an easement or permit, the former holder will be required to pay additional amounts to the extent the actual costs to the United States have exceeded the payments required by paragraphs (a)(3)(ii)(A), (B), and (C) of this section.

    (4) All applications filed pursuant to this subpart must include a detailed environmental analysis which shall include information concerning the impact of the proposed use of the environment including the impact on air and water quality; scenic and esthetic features; historic, architectural, archeological, and cultural features; wildlife, fish and marine life, etc. The analysis shall include sufficient data so as to enable the Service to prepare an environmental assessment and/or impact statement in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and comply with the requirements of the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.), Executive Order 11593 “Protection and Enhancement of the Cultural Environment” of May 13, 1971 (36 FR 8921), and “Procedures for the Protection of Historic and Cultural Properties” (36 CFR, part 800). Concerning the National Environmental Policy Act, the Regional Director may, at his discretion, rely on an environmental assessment or impact statement prepared by a “lead agency.”

    (b) Maps. A map or plat must accompany each copy of the application and must show the right-of-way in such detail that the right-of-way can be accurately located on the ground. Ties to Service land boundary corner monuments or some prominent cultural features which can be readily recognized and recovered should be shown where the right-of-way enters and leaves Service project land together with courses and distances of the centerline. The width of the right-of-way on each side of the centerline together with the acreage included within the right-of-way or site must also be shown. If the right-of-way or site is located wholly within Service project land, a tie to a Government corner or prominent cultural feature which can be readily recognized and recovered should be shown.

    (c) Regional or Area Director's Addresses.

    (1) For the States of California, Hawaii, Idaho, Nevada, Oregon and Washington:

    Regional Director, U.S. Fish and Wildlife Service, Lloyd 500 Building, Suite 1692, 500 NE. Multnomah Street, Portland Oregon 97232.

    (2) For the States of Arizona, New Mexico, Oklahoma, and Texas:

    Regional Director, U.S. Fish and Wildlife Service, 500 Gold Avenue, P.O. Box 1306, Albuquerque, New Mexico 87103.

    (3) For the States of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin:

    Regional Director, U.S. Fish and Wildlife Service, Federal Building, Fort Snelling, Twin Cities, Minnesota 55111.

    (4) For the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico, and Virgin Islands:

    Regional Director, U.S. Fish and Wildlife Service, Richard B. Russell, Federal Building, Suite 1200, 75 Spring Street, S.W., Atlanta, Georgia 30303.

    (5) For the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, New Jersey, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia:

    Regional Director, U.S. Fish and Wildlife Service, One Gateway Center, Suite 700, Newton Corner, Massachusetts 03158.

    (6) For the States of Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming:

    Regional Director, U.S. Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225.

    (7) For the State of Alaska:

    Regional Director, U.S. Fish and Wildlife Service, 1101 E. Tudor Road, Anchorage, Alaska 99503. [31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43917, Aug. 31, 1977; 44 FR 42976, July 23, 1979; 48 FR 31655, July 11, 1983]
    § 29.21-3 Nature of interest granted.

    (a) Where the land administered by the Secretary is owned in fee by the United States and the right-of-way is compatible with the objectives of the area, permit or easement may be approved and granted by the Regional Director. Generally an easement or permit will be issued for a term of 50 years or so long as it is used for the purpose granted, or for a lesser term when considered appropriate. For rights-of-way granted under authority of section 28 of the Mineral Leasing Act of 1920, as amended, for pipelines for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom, the grant may be for a term not to exceed 30 years and the right-of-way may not exceed 50 feet, plus the area occupied by the pipeline and its related facilities unless the Regional Director finds, and records the reasons for his finding, that, in his judgment, a wider right-of-way is necessary for operation and maintenance after construction, or to protect the environment or public safety. Related facilities include but are not limited to valves, pump stations, supporting structures, bridges, monitoring and communication devices, surge and storage tanks, terminals, etc. However, a temporary permit supplementing a right-of-way may be granted for additional land needed during construction, operation, maintenance, or termination of the pipeline, or to protect the natural environment or public safety.

    (b) Unless otherwise provided, no interest granted shall give the grantee any right whatever to remove any material, earth, or stone for construction or other purpose, except that stone or earth necessarily removed from the right-of-way in the construction of a project may be used elsewhere along the same right-of-way in the construction of the same project.

    [31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43918, Aug. 31, 1977]
    § 29.21-4 Terms and conditions.

    (a) Any right-of-way easement or permit granted will be subject to outstanding rights, if any, in third parties.

    (b) An applicant, by accepting an easement or permit agrees to such terms and conditions as may be prescribed by the Regional Director in the granting document. Such terms and conditions shall include the following, unless waived in part by the Regional Director, and may include additional special stipulations at his discretion. See § 29.21-8 for special requirements for electric powerlines and § 29.21-9 for special requirements for oil and gas pipelines.

    (1) To comply with State and Federal laws applicable to the project within which the easement or permit is granted, and to the lands which are included in the right-of-way, and lawful existing regulations thereunder.

    (2) To clear and keep clear the lands within the easement or permit area to the extent and in the manner directed by the project manager in charge; and to dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project in such a manner as to decrease the fire hazard and also in accordance with such instructions as the project manager may specify.

    (3) To prevent the disturbance or removal of any public land survey monument or project boundary monument unless and until the applicant has requested and received from the Regional Director approval of measures the applicant will take to perpetuate the location of aforesaid monument.

    (4) To take such soil and resource conservation and protection measures, including weed control on the land covered by the easement or permit as the project man