[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2007 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          50


          Parts 18 to 199

                         Revised as of October 1, 2007


          Wildlife and Fisheries
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2007
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



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

  Title 50:
          Chapter I--United States Fish and Wildlife Service, 
          Department of the Interior                                 3
  Finding Aids:
      Material Approved for Incorporation by Reference........     641
      Table of CFR Titles and Chapters........................     643
      Alphabetical List of Agencies Appearing in the CFR......     661
      List of CFR Sections Affected...........................     671

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 50 CFR 18.1 refers 
                       to title 50, part 18, 
                       section 1.

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2007), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

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

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

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

CFR INDEXES AND TABULAR GUIDES

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

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of textual material 
appearing in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
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the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
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ELECTRONIC SERVICES

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CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
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    The Office of the Federal Register also offers a free service on the 
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register. The NARA site also contains links to GPO Access.

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

October 1, 2007.

[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of nine volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95(b)), part 17 (17.95(c) to end of 17.95), part 17 
(17.96 to 17.99(h)), part 17 (17.99(i) to end of part 17), parts 18-199, 
parts 200-599, parts 600-659 and part 660 to End. The first six volumes 
(parts 1-16, part 17 (17.1 to 17.95(b)), part 17 (17.95(c) to end of 
17.95), part 17 (17.96 to 17.99(h)), part 17 (17.99(i) to end of part 
17), and parts 18-199) contain the current regulations issued under 
chapter I--United States Fish and Wildlife Service, Department of the 
Interior. The seventh volume (parts 200-599) contains the current 
regulations issued under chapter II--National Marine Fisheries Service, 
National Oceanic and Atmospheric Administration, Department of Commerce; 
chapter III--International Fishing and Related Activities, chapter IV--
Joint Regulations (United States Fish and Wildlife Service, Department 
of the Interior and National Marine Fisheries Service, National Oceanic 
and Atmospheric Administration, Department of Commerce); Endangered 
Species Committee regulations; and chapter V--Marine Mammal Commission. 
The eighth and ninth volumes (parts 600-659 and part 660 to End) contain 
the current regulations issued under chapter VI--Fishery Conservation 
and Management, National Oceanic and Atmospheric Administration, 
Department of Commerce. The contents of these volumes represent all 
current regulations codified under this title of the CFR as of October 
1, 2007.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in Sec. Sec.  17.11 and 17.12.

    The OMB control numbers for the National Oceanic and Atmospheric 
Administration appear in 15 CFR 902.1.

    For this volume, Moja N. Mwaniki was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains parts 18 to 199)

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

chapter i--United States Fish and Wildlife Service, 
  Department of the Interior (Continued)....................          18

[[Page 3]]



 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............................          33
20              Migratory bird hunting......................          35
21              Migratory bird permits......................          55
22              Eagle permits...............................         106
23              Convention on International Trade in 
                    Endangered Species of Wild Fauna and 
                    Flora (CITES)...........................         115
24              Importation and exportation of plants.......         188
            SUBCHAPTER C--THE NATIONAL WILDLIFE REFUGE SYSTEM
25              Administrative provisions...................         191
26              Public entry and use........................         199
27              Prohibited acts.............................         206
28              Enforcement, penalty, and procedural 
                    requirements for violations of parts 25, 
                    26, and 27..............................         212
29              Land use management.........................         214
30              Range and feral animal management...........         225
31              Wildlife species management.................         225
32              Hunting and fishing.........................         226
34              Refuge revenue sharing with counties........         443
35              Wilderness preservation and management......         447
36              Alaska National Wildlife Refuges............         450
37              Geological and geophysical exploration of 
                    the coastal plain, Arctic National 
                    Wildlife Refuge, Alaska.................         475

[[Page 4]]

38              Midway Atoll National Wildlife Refuge.......         497
                         SUBCHAPTER D [RESERVED]
        SUBCHAPTER E--MANAGEMENT OF FISHERIES CONSERVATION AREAS
70              National fish hatcheries....................         501
71              Hunting and fishing on national fish 
                    hatchery areas..........................         502
  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........................         504
81              Conservation of endangered and threatened 
                    species of fish, wildlife, and plants--
                    cooperation with the States.............         513
82              Administrative procedures for grants-in-aid 
                    (Marine Mammal Protection Act of 1972)..         517
83              Rules implementing the Fish and Wildlife 
                    Conservation Act of 1980................         522
84              National Coastal Wetlands Conservation Grant 
                    Program.................................         527
85              Clean Vessel Act Grant Program..............         542
86              Boating Infrastructure Grant (BIG) Program..         551
                 SUBCHAPTER G--MISCELLANEOUS PROVISIONS
90              Feeding depredating migratory waterfowl.....         566
91              Migratory bird hunting and conservation 
                    stamp contest...........................         568
92              Migratory bird subsistence harvest in Alaska         573
                SUBCHAPTER H--NATIONAL WILDLIFE MONUMENTS
96-99

[Reserved]

100             Subsistence management regulations for 
                    public lands in Alaska..................         581
101-199

[Reserved]

Appendix A to Chapter I--Codes for the Representation of 
  Names of Countries (Established by the International 
  Organization for Standardization).........................         536

[[Page 5]]



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





PART 18_MARINE MAMMALS--Table of Contents




                         Subpart A_Introduction

Sec.
18.1 Purpose of regulations.
18.2 Scope of regulations.
18.3 Definitions.
18.4 Information collection requirements.

                         Subpart B_Prohibitions

18.11 Prohibited taking.
18.12 Prohibited importation.
18.13 Prohibited uses, possession, transportation, and sales.
18.14 Marine mammals taken before the Act.

                      Subpart C_General Exceptions

18.21 Actions permitted by international treaty, convention, or 
          agreement.
18.22 Taking by Federal, State or local government officials.
18.23 Native exemptions.
18.24 Taking incidental to commercial fishing operations.
18.25 Exempted marine mammals or marine mammals products.
18.26 Collection of certain dead marine mammal parts.
18.27 Regulations governing small takes of marine mammals incidental to 
          specified activities.

                      Subpart D_Special Exceptions

18.30 Polar bear sport-hunted trophy import permits.
18.31 Scientific research permits and public display permits.
18.32 Waiver of the moratorium.
18.33 Procedures for issuance of permits and modification, suspension, 
          or revocation thereof.

Subpart E--Depleted Species or Stocks [Reserved]

Subpart F--Transfer of Management Authority to States [Note]

         Subpart G_Notice and Hearing on Section 103 Regulations

18.70 Basis and purpose.
18.71 Definitions.
18.72 Scope of regulations.
18.73 Burden of proof.
18.74 Notice of hearing.
18.75 Notification by interested persons.
18.76 Presiding officer.
18.77 Direct testimony submitted as written documents.
18.78 Mailing address.
18.79 Inspection and copying of documents.
18.80 Ex parte communications.
18.81 Prehearing conference.
18.82 Prehearing order.
18.83 Determination to cancel the hearing.
18.84 Rebuttal testimony and new issues of fact in prehearing order.
18.85 Waiver of right to participate.
18.86 Conduct of the hearing.
18.87 Direct testimony.
18.88 Cross-examination.
18.89 Oral and written arguments.
18.90 Recommended decision, certification of the transcript and 
          submission of comments on the recommended decision.
18.91 Director's decision.

 Subpart H_Waiver of Moratorium on Taking and Importation of Individual 
                          Marine Mammal Species

18.92 Purpose of regulations.
18.93 Scope of regulations.
18.94 Pacific walrus (Alaska).

Subpart I [Reserved]

 Subpart J_Nonlethal 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 subpart cover?
18.122 In what specified geographic region does this subpart apply?
18.123 When is this subpart effective?
18.124 How do I obtain a Letter of Authorization?
18.125 What criteria does the Service 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 mitigation, 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.

[[Page 6]]



                         Subpart A_Introduction



Sec. 18.1  Purpose of regulations.

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



Sec. 18.2  Scope of regulations.

    (a) This part 18 applies solely to marine mammals and marine mammal 
products as defined in Sec. 18.3. For regulations under the Act with 
respect to cetacea (whales and porpoises), pinnipedia, other than walrus 
(seals and sea lions), see 50 CFR part 216.
    (b) The provisions in this part are in addition to, and are not in 
lieu of, other regulations of this subchapter B which may require a 
permit or prescribe additional restrictions or conditions for the 
importation, exportation, and interstate transportation of wildlife. 
(See also part 13 of this subchapter.)



Sec. 18.3  Definitions.

    In addition to definitions contained in section 3 of the Act and in 
part 10 of this subchapter, and unless the context requires otherwise, 
in this part 18:
    Act means the Marine Mammal Protection Act of 1972, 86 Stat. 1027, 
16 U.S.C. 1361-1407; Pub. L. 92-522.
    Alaskan Native means a person defined in the Alaska Native Claims 
Settlement Act (43 U.S.C. section 1603(b) (85 Stat. 588)) as a citizen 
of the United States who is of one-fourth degree or more Alaska Indian 
(including Tsimshian Indians enrolled or not enrolled in the Metlaktla 
Indian Community), Eskimo, or Aleut blood, or combination thereof. The 
term includes any Native, as so defined, either or both of whose 
adoptive parents are not Natives. It also includes, in the absence of 
proof of a minimum blood quantum, any citizen of the United States who 
is regarded as an Alaska Native by the Native village or town of which 
he claims to be a member and whose father or mother is (or, if deceased, 
was) regarded as Native by any Native village or Native town. Any 
citizen enrolled by the Secretary pursuant to section 5 of the Alaska 
Native Claims Settlement Act shall be conclusively presumed to be an 
Alaskan Native for purposes of this part.
    Authentic native articles of handicrafts and clothing means items 
made by an Indian, Aleut, or Eskimo that (a) are composed wholly or in 
some significant respect of natural materials and (b) are significantly 
altered from their natural form and are produced, decorated, or 
fashioned in the exercise of traditional native handicrafts without the 
use of pantographs, multiple carvers, or similar mass-copying devices. 
Improved methods of production utilizing modern implements such as 
sewing machines or modern techniques at a tannery registered pursuant to 
Sec. 18.23(c) may be used so long as no large-scale mass-production 
industry results. Traditional native handicrafts include, but are not 
limited to, weaving, carving, stitching, sewing, lacing, beading, 
drawing, and painting. The formation of traditional native groups, such 
as cooperatives, is permitted so long as no large-scale mass production 
results.
    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.

[[Page 7]]

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

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

    Native village or town means any community, association, tribe, 
band, clan, or group.
    Pregnant means pregnant near term.
    Subsistence means the use by Alaskan Natives of marine mammals taken 
by Alaskan Natives for food, clothing, shelter, heating, transportation, 
and other uses necessary to maintain the life of the taker or for those 
who depend upon the taker to provide them with such subsistence.
    Take means to harass, hunt, capture, collect, or kill, or attempt to 
harass, hunt, capture, collect, or kill any marine mammal, including, 
without limitation, any of the following: The collection of dead animals 
or parts thereof; the restraint or detention of a marine mammal, no 
matter how temporary; tagging a marine mammal; or the negligent or 
intentional operation of an aircraft or vessel, or the doing of any 
other negligent or intentional act which results in the disturbing or 
molesting of a marine mammal.
    Threatened species means a species of marine mammal listed as 
``threatened'' pursuant to the Endangered Species Act of 1973, 87 Stat. 
884, Pub. L. 93-205.
    Wasteful manner means any taking or method of taking which is likely 
to result in the killing or injuring of marine mammals beyond those 
needed for subsistence purposes or for the making of authentic native 
articles of handicrafts and clothing or which results in the waste of a 
substantial portion of the marine mammal and includes without limitation 
the employment of a method of taking which is not likely to assure the 
capture or killing of a marine mammal, or which is not immediately 
followed by a reasonable effort to retrieve the marine mammal.

[39 FR 7262, Feb. 25, 1974, as amended at 43 FR 13066, Mar. 29, 1978; 55 
FR 14978, Apr. 20, 1990; 70 FR 48323, Aug. 17, 2005]



Sec. 18.4  Information collection requirements.

    (a) The Office of Management and Budget under 44 U.S.C. 3501 et seq. 
has approved the information collection requirements contained in 
Subpart D and assigned clearance number 1018-0022. The Service is 
collecting this information to review and evaluate permit applications 
and make decisions according to criteria established in various Federal 
wildlife conservation statutes and regulations, on the issuance or 
denial of permits. The applicant must respond to obtain or retain a 
permit.
    (b) The Service estimated the public reporting burden for this 
collection of information to vary from 15 minutes to 4 hours per 
response, with an average of 1.028 hours per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden or 
any other aspect of this collection of information, including 
suggestions for reducing the burden, to the Service Information 
Collection Clearance Office, Fish and Wildlife, Service Office of 
Management and Budget, Mail Stop 224, Arlington Square, U.S. Department 
of the Interior, 1849 C Street, NW., Washington, DC 20240 and the Office 
of Management and Budget, Paperwork Reduction Project (1018-0022), 
Washington, DC 20503.

[62 FR 7329, Feb. 18, 1997]



                         Subpart B_Prohibitions



Sec. 18.11  Prohibited taking.

    Except as otherwise provided in subpart C, D, or H of this part 18, 
or part 403, it is unlawful for:
    (a) Any person, vessel, or conveyance subject to the jurisdiction of 
the United States to take any marine mammal on the high seas, or

[[Page 8]]

    (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]



Sec. 18.12  Prohibited importation.

    (a) Except as otherwise provided in subparts C and D of this part 
18, it is unlawful for any person to import any marine mammal or marine 
mammal product into the United States.
    (b) Regardless of whether an importation is otherwise authorized 
pursuant to subparts C and D of this part 18, it is unlawful for any 
person to import into the United States any:
    (1) Marine mammal: (i) Taken in violation of the Act, or
    (ii) Taken in another country in violation of the laws of that 
country;
    (2) Any marine mammal product if: (i) The importation into the 
United States of the marine mammal from which such product is made would 
be unlawful under paragraph (b)(1) of this section, or
    (ii) The sale in commerce of such product in the country of origin 
of the product is illegal.
    (c) Except in accordance with an exception referred to in subpart C 
and Sec. Sec. 18.31 and 18.32 of this part, it is unlawful to import 
into the United States any:
    (1) Marine mammal which was pregnant at the time of taking;
    (2) Marine mammal which was nursing at the time of taking, or less 
than 8 months old, whichever occurs later;
    (3) Specimen of an endangered or threatened species of marine 
mammals;
    (4) Specimen taken from a depleted species or stock of marine 
mammals; or
    (5) Marine mammal taken in an inhumane manner.
    (d) It is unlawful to import into the United States any fish, 
whether fresh, frozen, or otherwise prepared, if such fish was caught in 
a manner proscribed by the Secretary of Commerce for persons subject to 
the jurisdiction of the United States, whether or not any marine mammals 
were in fact taken incident to the catching of the fish.



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

    Except as otherwise provided in the Act or these regulations, it is 
unlawful for:
    (a) Any person to use any port, harbor, or other place under the 
jurisdiction of the United States for any purpose in any way connected 
with a prohibited taking or any unlawful importation of any marine 
mammal or marine mammal products;
    (b) Any person to possess any marine mammal, or product therefrom, 
taken in violation of the Act or these regulations;
    (c) Any person to transport, purchase, sell, or offer to purchase or 
sell any marine mammal or marine mammal product; or
    (d) Any person subject to the jurisdiction of the United States to 
use in a commercial fishery, any means or method of fishing in 
contravention of regulations and limitations issued by the Secretary of 
Commerce for that fishery to achieve the purposes of this Act.

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



Sec. 18.14  Marine mammals taken before the Act.

    (a) Section 102(e) of the Act provides in effect that the Act shall 
not apply to any marine mammal taken prior to December 21, 1972, or to 
any marine mammal product consisting of, or composed in whole or in part 
of, any marine mammal taken before such date. Such status may be 
established by submitting to the Director prior to, or at the time of 
importation, an affidavit containing the following:
    (1) The Affiant's name and address;
    (2) Identification of the Affiant;
    (3) A description of the marine mammals or marine mammal products 
which the Affiant desires to import;
    (4) A statement by the Affiant that to the best of his knowledge and 
belief, the marine mammals involved in the application were taken prior 
to December 21, 1972;
    (5) A statement by the Affiant in the following language:

    The foregoing is principally based on the attached exhibits which, 
to the best of my

[[Page 9]]

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 Sec. 14.53 of this subchapter, until the importer 
can demonstrate, by production of the affidavit referred in above or 
otherwise, that section 102(e) of the Act applies to all affected items.
    (d) This section has no application to any marine mammal or marine 
mammal product intended to be imported pursuant to Sec. 18.21, Sec. 
18.31 or Sec. 18.32 of this part.

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



                      Subpart C_General Exceptions



Sec. 18.21  Actions permitted by international treaty, convention,

or agreement.

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



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

    (a) A Federal, State or local government official or employee may 
take a marine mammal in the course of his duties as an official or 
employee and no permit shall be required, if such taking:
    (1) Is accomplished in a humane manner;
    (2) Is for the protection or welfare of such mammal or from the 
protection of the public health or welfare; and
    (3) Includes steps designed to insure return of such mammal, if not 
killed in the course of such taking, to its natural habitat. In 
addition, any such official or employee may, incidental to such taking, 
possess and transport, but not sell or offer for sale, such mammal and 
use any port, harbor or other place under the jurisdiction of the United 
States. All steps reasonably practicable under the circumstances shall 
be taken by any such employee or official to prevent injury or death to 
the marine mammal as the result of such taking.
    (b) Each taking permitted under this section should be included in a 
written report, to be submitted to the Director every six months, 
beginning December 31, 1973. Unless otherwise permitted by the Director, 
the report shall contain a description of:
    (1) The animal involved;
    (2) The circumstances requiring the taking;
    (3) The method of taking;
    (4) The name and official position of the State official or employee 
involved;
    (5) The disposition of the animal, including in cases where the 
animal has

[[Page 10]]

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]



Sec. 18.23  Native exemptions.

    (a) Taking. Except as otherwise provided in part 403 of this title, 
any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the 
coast of the North Pacific Ocean or the Arctic Ocean may take any marine 
mammal without a permit, subject to the restrictions contained in this 
section, if such taking is:
    (1) For subsistence purposes, or
    (2) For purposes of creating and selling authentic native articles 
of handicraft and clothing, and
    (3) In each case, not accomplished in a wasteful manner.
    (b) Restrictions. (1) ``Except for a transfer to a duly authorized 
representative of the Regional Director of the U.S. Fish and Wildlife 
Service for scientific research purposes, no marine mammal taken for 
subsistence may be sold or otherwise transferred to any person other 
than an Alaskan Native or delivered, carried, transported, or shipped in 
interstate or foreign commerce, unless:
    (i) It is being sent by an Alaskan Native directly or through a 
registered agent to a tannery registered under paragraph (c) of this 
section for the purpose of processing, and will be returned directly or 
through a registered agent to the Alaskan Native; or
    (ii) It is sold or transferred to a registered agent in Alaska for 
resale or transfer to an Alaskan Native; or
    (iii) It is an edible portion and it is sold in an Alaskan Native 
village or town.
    (2) ``Except for a transfer to a duly authorized representative of 
the Regional Director of the U.S. Fish and Wildlife Service for 
scientific research purposes, no marine mammal taken for purposes of 
creating and selling authentic Native articles of handicraft and 
clothing may be sold or otherwise transferred to any person other than 
an Indian, Aleut or Eskimo, or delivered, carried, transported or 
shipped in interstate or foreign commerce, unless:
    (i) It is being sent by an Indian, Aleut or Eskimo directly or 
through a registered agent to a tannery registered under paragraph (c) 
of this section for the purpose of processing, and will be returned 
directly or through a registered agent to the Indian, Aleut or Eskimo; 
or
    (ii) It is sold or transferred to a registered agent for resale or 
transfer to an Indian, Aleut, or Eskimo; or
    (iii) It has been first transformed into an authentic Native article 
of handicraft or clothing; or
    (iv) It is an edible portion and it is sold (A) in an Alaskan Native 
village or town or (B) to an Alaskan Native for his consumption.
    (c) The restriction in paragraph (b) shall not apply to parts or 
products of the Pacific walrus (Odobenis rosmarus) to the extent that 
the waiver of the moratorium and the approved State/Federal regulations 
relating to the taking and importation of walrus permits the delivery, 
sale, transportation or shipment of parts or products of the Pacific 
walrus in interstate or foreign commerce.
    (d) Any tannery, or person who wishes to act as an agent, within the 
jurisdiction of the United States may apply to the Director for 
registration as a tannery or an agent which may possess and process 
marine mammal products for Indians, Aleuts, or Eskimos. The application 
shall include the following information:
    (1) The name and address of the applicant;
    (2) A description of the applicant's procedures for receiving, 
storing, processing, and shipping materials;
    (3) A proposal for a system of bookkeeping and/or inventory 
segregation by which the applicant could maintain accurate records of 
marine mammals received from Indians, Aleuts, or Eskimos, pursuant to 
this section;
    (4) Such other information as the Director may request;
    (5) A certification in the following language:


[[Page 11]]


    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

[[Page 12]]

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

[[Page 13]]

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 Sec. 
18.23(f) is subject to punishment under the penalties provided for in 
section 105(a)(1) of the Act.
    (12) The information collection requirements contained in this Sec. 
18.23(f) have been approved by the Office of Management and Budget under 
44 U.S.C. 3501 et seq. and assigned clearance number 1018-0066. The 
information is mandatory in order to have the marine mammal parts 
``marked and tagged,'' and thereby made eligible for continued lawful 
possession. Non-response may result in the Service determining the 
wildlife to be illegally possessed and subject the individual to 
penalties under this title.

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



Sec. 18.24  Taking incidental to commercial fishing operations.

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



Sec. 18.25  Exempted marine mammals or marine mammal products.

    (a) The provisions of the Act and these regulations shall not apply:
    (1) To any marine mammal taken before December 21, 1972, or
    (2) To any marine mammal product if the marine mammal portion of 
such product consists solely of a marine mammal taken before such date.
    (b) The prohibitions contained in Sec. 18.12(c) (3) and (4) shall 
not apply to marine mammals or marine mammal

[[Page 14]]

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.



Sec. 18.26  Collection of certain dead marine mammal parts.

    (a) Any bones, teeth or ivory of any dead marine mammal may be 
collected from a beach or from land within \1/4\ of a mile of the ocean. 
The term ``ocean'' includes bays and estuaries.
    (b) Marine mammal parts so collected may be retained if registered 
within 30 days with an agent of the National Marine Fisheries Service, 
or an agent of the U.S. Fish and Wildlife Service.
    (c) Registration shall include (1) the name of the owner, (2) a 
description of the article to be registered and (3) the date and 
location of collection.
    (d) Title to any marine mammal parts collected under this section is 
not transferable, unless consented to in writing by the agent referred 
to in paragraph (b) of this section.

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



Sec. 18.27  Regulations governing small takes of marine mammals 

incidental to specified activities.

    (a) Purpose of regulations. The regulations in this section 
implement Section 101(a)(5) of the Marine Mammal Protection Act of 1972, 
as amended, 16 U.S.C. 1371(a)(5), which provides a mechanism for 
allowing, upon request, during periods of not more than five consecutive 
years each, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region.
    (b) Scope of regulations. The taking of small numbers of marine 
mammals under section 101(a)(5) of the Marine Mammal Protection Act may 
be allowed only if the Director of the Fish and Wildlife Service (1) 
finds, based on the best scientific evidence available, that the total 
taking during the specified time period will have a negligible impact on 
the species or stock and will not have an unmitigable adverse impact on 
the availability of the species or stock for subsistence uses; (2) 
prescribes regulations setting forth permissible methods of taking and 
other means of effecting the least practicable adverse impact on the 
species and its habitat and on the availability of the species for 
subsistence uses, paying particular attention to rookeries, mating 
grounds, and areas of similar significance; and (3) prescribes 
regulations pertaining to the monitoring and reporting of such taking.
    Note: The information collection requirement contained in this Sec. 
18.27 has been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance No. 1018-0070. The 
information is being collected to describe the activity proposed and 
estimate the cumulative impacts of potential takings by all persons 
conducting the activity. The information will be used to evaluate the 
application and determine whether to issue Specific Regulations and, 
subsequently, Letters of Authorization. Response is required to obtain a 
benefit.
    The public reporting burden from this requirement is estimated to 
vary from 2 to 200 hours per response with an average of 10 hours per 
response including time for reviewing instructions, gathering and 
maintaining data, and completing and reviewing applications for specific 
regulations and Letters of Authorization. Direct comments regarding the 
burden estimate or any other aspect of this requirement to the 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, Department of the Interior, Mail Stop--220 ARLSQ, 18th and C 
Streets NW., Washington, DC 20240, and the Office of Management and 
Budget, Paperwork Reduction Project (Clearance No. 1018-0070), 
Washington, DC 20503.
    (c) Definitions. In addition to definitions contained in the Act and 
in 50 CFR 18.3 and unless the context otherwise requires, in this 
section:
    Citizens of the United States and U.S. citizens mean individual U.S. 
citizens or any corporation or similar entity if it is organized under 
the laws of the United States or any governmental unit defined in 16 
U.S.C. 1362(13). U.S. Federal, State and local government

[[Page 15]]

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

[[Page 16]]

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

[[Page 17]]

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



Sec. 18.30  Polar bear sport-hunted trophy import permits.

    (a) Application procedure. You, as the hunter or heir of the 
hunter's estate, must submit an application for a permit to import a 
trophy of a polar bear taken in Canada to the U.S. Fish and Wildlife 
Service, Office of Management Authority, 4401 N. Fairfax Drive, 
Arlington, Virginia 22203. You must use an official application (Form 3-
200) provided by the Service and must include as an attachment all of 
the following additional information:
    (1) Certification that:
    (i) You or the deceased hunter took the polar bear as a personal 
sport-hunted trophy;
    (ii) You will use the trophy only for personal display purposes;
    (iii) The polar bear was not a pregnant female, a female with 
dependent nursing cub(s) or a nursing cub (such as in a family group), 
or a bear in a den or constructing a den when you took it; and
    (iv) For a polar bear taken after April 30, 1994, you made sure the 
gall bladder and its contents were destroyed;
    (2) Name and address of the person in the United States receiving 
the polar bear trophy if other than yourself;
    (3) For a polar bear received as an inheritance, documentation to 
show that you are the legal heir of the decedent who took the trophy;
    (4) Proof that you or the decedent legally harvested the polar bear 
in Canada as shown by one of the following:
    (i) A copy of the Northwest Territories (NWT) or Nunavut Territory 
hunting license and tag number;
    (ii) A copy of the Canadian CITES export permit that identifies the 
polar bear by hunting license and tag number;
    (iii) A copy of the NWT or Nunavut Territory export permit; or
    (iv) A certification from the Department of Resources, Wildlife, and 
Economic Development, Northwest Territories, or the Department of 
Sustainable Development, Nunavut Territory, that you or the decedent 
legally harvested the polar bear, giving the tag number, location 
(settlement and population), and season you or the decedent took the 
bear;
    (5) An itemized description of the polar bear parts you wish to 
import, including size and the sex of the polar bear;
    (6) The month and year the polar bear was sport hunted;
    (7) The location (nearest settlement or community) where the bear 
was sport hunted;
    (8) For a female bear or a bear of unknown sex that was taken before 
January 1, 1986, documentary evidence that the bear was not pregnant at 
the time of take, including, but not limited to, documentation, such as 
a hunting license or travel itinerary, that shows the bear was not taken 
in October, November, or December or that shows that the location of the 
hunt did not include an area that supported maternity dens; and
    (9) For a female bear, bear of unknown sex, or male bear that is 
less than 6 feet in length (from tip of nose to the base of the tail) 
that was taken prior to the 1996/97 NWT polar bear harvest season, 
available documentation to show that the bear was not nursing, 
including, but not limited to, documentation, such as a certification 
from

[[Page 18]]

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 Sec. 18.33; and
    (2) If, in consultation with the appropriate authority in Canada, we 
determine that the sustainability of Canada's polar bear populations is 
being adversely affected or that sport hunting may be having a 
detrimental effect on maintaining polar bear populations throughout 
their range.
    (d) Issuance criteria. In deciding whether to issue an import permit 
for a sport-hunted trophy, we must determine in addition to the general 
criteria in part 13 of this subchapter whether:
    (1) You previously imported the specimen into the United States 
without a permit;
    (2) The specimen meets the definition of a sport-hunted trophy in 
paragraph (b) of this section;
    (3) You legally harvested the polar bear in Canada;
    (4) Canada has a monitored and enforced sport-hunting program 
consistent with the purposes of the 1973 International Agreement on the 
Conservation of Polar Bears;
    (5) Canada has a sport-hunting program, based on scientifically 
sound quotas, ensuring the maintenance of the affected population at a 
sustainable level; and
    (6) The export and subsequent import:
    (i) Are consistent with the provisions of the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) and other international agreements and conventions; and
    (ii) Are not likely to contribute to illegal trade in bear parts, 
including for bears taken after April 30, 1994, that the gall bladder 
and its contents were destroyed.
    (e) Additional permit conditions. Your permit to import a sport-
hunted trophy of a polar bear taken in Canada is subject to the permit 
conditions outlined in Sec. 18.31(d) and the following additional 
permit conditions:
    (1) You, the permittee, may not import internal organs of the polar 
bear, including the gall bladder;
    (2) After import you may not alter or use the trophy in a manner 
inconsistent with the definition of a sport-hunted polar bear trophy as 
given in Sec. 18.30(b);
    (3) You may not import a sport-hunted trophy if the polar bear at 
the time you or the decedent took it was:
    (i) A nursing bear or a female with nursing young (i.e., part of a 
family group);
    (ii) A pregnant female; or
    (iii) A bear moving into a den or in a den;
    (4) You must present to Service personnel at the time of import a 
valid CITES document from the country of export or re-export;
    (5) You must comply with the following import procedures:
    (i) Import the sport-hunted trophy through a designated port for 
wildlife imports (see Sec. 14.12 of this subchapter) during regular 
business hours, except for full mount trophies that have been

[[Page 19]]

granted an exception to designated port permit requirements under Sec. 
14.32 of this subchapter;
    (ii) Not send the trophy through the international mail; and
    (iii) Notify Service personnel at the port at least 48 hours before 
the import (see Sec. 14.54 of this subchapter) and make arrangements 
for Service personnel to affix a tag in accordance with paragraph (e)(7) 
of this section prior to being cleared (see Sec. 14.52 of this 
subchapter);
    (6) You must import all parts of a single trophy at the same time;
    (7) The following tagging/marking procedures apply:
    (i) Service personnel must affix a permanently locking tag that 
contains a unique serial number and the common name ``polar bear'' to 
the hide which must remain fixed indefinitely to the hide as proof of 
legal import; and
    (ii) Service personnel must permanently mark upon import the parts 
of the trophy other than the hide, such as the skull and bones, with the 
hide tag number; and
    (8) If the tag comes off the hide, you must within 30 days:
    (i) Contact the nearest Service office at a designated port or a Law 
Enforcement office as given in Sec. 10.22 of this subchapter to 
schedule a time to present the trophy for retagging;
    (ii) Provide as proof that the trophy had been tagged and legally 
imported a copy of the:
    (A) Canceled CITES export permit or re-export certificate;
    (B) Canceled U.S. import permit issued under this section; or
    (C) Cleared wildlife declaration form (3-177); and
    (iii) Present either the broken tag, or if the tag was lost, a 
signed written explanation of how and when the tag was lost.
    (f) Duration of permits. The permit will be valid for no more than 
one year from the date of issuance.
    (g) Fees. (1) You must pay the standard permit processing fee as 
given in Sec. 13.11(4) when filing an application.
    (2) You must pay the issuance fee of $1,000 when we notify you the 
application is approved. We cannot issue an import permit until you pay 
this fee. We will use the issuance fee to develop and implement 
cooperative research and management programs for the conservation of 
polar bears in Alaska and Russia under section 113(d) of the Marine 
Mammal Protection Act.
    (h) Scientific review. (1) We will undertake a scientific review of 
the impact of permits issued under this section on the polar bear 
populations in Canada within 2 years of March 20, 1997.
    (i) The review will provide an opportunity for public comment and 
include a response to the public comment in the final report; and
    (ii) We will not issue permits under this section if we determine, 
based upon scientific review, that the issuance of permits under this 
section is having a significant adverse impact on the polar bear 
populations in Canada; and
    (2) After the initial review, we may review whether the issuance of 
permits under this section is having a significant adverse impact on the 
polar bear populations in Canada annually in light of the best 
scientific information available. The review must be completed no later 
than January 31 in any year a review is undertaken.
    (i) Findings. Polar bear sport-hunted trophies may only be imported 
after issuance of an import permit, and in accordance with the following 
findings and conditions:
    (1) We have determined that the Northwest Territories and Nunavut 
Territory, Canada, have a monitored and enforced sport-hunting program 
that meets issuance criteria of paragraphs (d) (4) and (5) of this 
section for the following populations: Southern Beaufort Sea, Northern 
Beaufort Sea, Viscount Melville Sound (subject to the lifting of the 
moratorium in this population), Western Hudson Bay, M'Clintock Channel 
(only for polar bears lawfully taken on or before May 31, 2000), 
Lancaster Sound, and Norwegian Bay, and that:
    (i) For the Southern Beaufort Sea population, no bears are taken 
west of the equidistant line of the Beaufort Sea;
    (ii) For all populations, females with cubs, cubs, or polar bears 
moving into denning areas or already in dens are protected from taking 
by hunting activities; and

[[Page 20]]

    (iii) For all populations, management agreements among all 
management entities with scientifically sound quotas are in place; and
    (2) Any sport-hunted trophy taken in the Northwest Territories, 
Canada, between December 21, 1972, and April 30, 1994, may be issued an 
import permit when:
    (i) From an approved population listed in paragraph (i)(1); and
    (ii) The issuance criteria of paragraph (d) (1), (2), (3), and (6) 
of this section are met.

[62 FR 7329, Feb. 18, 1997, as amended at 64 FR 1539, Jan. 11, 1999; 66 
FR 1907, Jan. 10, 2001; 66 FR 50851, Oct. 5, 2001]



Sec. 18.31  Scientific research permits and public display permits.

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
the taking and importation of marine mammals for scientific research 
purposes or for public display.
    (a) Application procedure. Applications for permits to take and 
import marine mammals for scientific research purposes or for public 
display shall be submitted to the Director. Each such application must 
contain the general information and certification required by Sec. 
13.12(a) of this subchapter plus the following additional information:
    (1) A statement of the purpose, date, location and manner of the 
taking or importation;
    (2) A description of the marine mammal or the marine mammal products 
to be taken or imported, including the species or subspecies involved; 
the population stock, when known, the number of specimens or products 
(or the weight thereof, where appropriate); and the anticipated age, 
size, sex, and condition (i.e., whether pregnant or nursing) of the 
animals involved;
    (3) If the marine mammal is to be taken and transported alive, a 
complete description of the manner of transportation, care and 
maintenance, including the type, size, and construction of the container 
or artificial environment; arrangements for feeding and sanitation; a 
statement of the applicant's qualifications and previous experience in 
caring for and handling captive marine mammals and a like statement as 
to the qualifications of any common carrier or agent to be employed to 
transport the animal; and a written certification of a licensed 
veterinarian knowledgeable in the field of marine mammals that he has 
personally reviewed the arrangements for transporting and maintaining 
the animals and that in his opinion they are adequate to provide for the 
well-being of the animal;
    (4) If the application is for a scientific research permit, a 
detailed description of the scientific research project or program in 
which the marine mammal or marine mammal product is to be used including 
a copy of the research proposal relating to such program or project and 
the names and addresses of the sponsor or cooperating institution and 
the scientists involved;
    (5) If the application is for a scientific research permit, and if 
the marine mammal proposed to be taken or imported is listed as an 
endangered or threatened species or has been designated by the Secretary 
as depleted, a detailed justification of the need for such a marine 
mammal, including a discussion of possible alternatives, whether or not 
under the control of the applicant; and
    (6) If the application is for a public display permit, a detailed 
description of the proposed use to which the marine mammal or marine 
mammal product is to be put, including the manner, location, and times 
of display, whether such display is for profit, an estimate of the 
numbers and types of persons who it is anticipated will benefit for such 
display, and whether and to what extent the display is connected with 
educational or scientific programs. There shall also be included a 
complete description of the enterprise seeking the display permit and 
its educational, and scientific qualifications, if any.
    (b) Review by Marine Mammal Commission. Upon receipt of an 
application the Director shall forward the application to the Marine 
Mammal Commission together with a request for the recommendations of the 
Commission and the Committee of Scientific Advisors on Marine Mammals. 
In order to comply with the time limits provided in

[[Page 21]]

these regulations, the Director shall request that such recommendation 
be submitted within 30 days of receipt of the application by the 
Commission. If the Commission or the Committee, as the case may be, does 
not respond within 30 days from the receipt of such application by the 
Commission, the Director shall advise the Commission in writing that 
failure to respond within 45 days from original receipt of the 
application (or such longer time as the Director may establish) shall be 
considered as a recommendation from the Commission and the Committee 
that the permit be issued. The Director may also consult with any other 
person, institution or agency concerning the application.
    (c) Issuance criteria. Permits applied for under this section shall 
be issued, suspended, modified and revoked pursuant to regulations 
contained in Sec. 18.33. In determining whether to issue a scientific 
research permit, the Director shall consider whether the proposed taking 
or importation will be consistent with the policies and purposes of the 
Act; and whether the granting of the permit is required to further a 
bona fide and necessary or desirable scientific purpose, taking into 
account the benefits anticipated to be derived from the scientific 
research contemplated and the effect of the purposed taking or 
importation on the population stock and the marine ecosystem. In 
determining whether to issue a public display permit, the Director shall 
consider whether the proposed taking or importation will be consistent 
with the policies and purposes of the Act; whether a substantial public 
benefit will be gained from the display contemplated, taking into 
account the manner of the display and the anticipated audience on the 
one hand, and the effect of the proposed taking or importation on the 
population stocks of the marine mammal in question and the marine 
ecosystem on the other; and the applicant's qualifications for the 
proper care and maintenance of the marine mammal or the marine mammal 
product, and the adequacy of his facilities.
    (d) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits issued 
under this section shall be subject to the following conditions:
    (1) Any permit issued under these regulations must be in the 
possession of the person to whom it is issued (or an agent of such 
person) during:
    (i) The time of the authorized taking or importation;
    (ii) The period of any transit of such person or agent which is 
incidental to such taking or importation; and
    (iii) Any other time while any marine mammal taken or imported under 
such permit is in the possession of such person or agent.
    (2) A duplicate copy of the issued permit must be physically 
attached to the container, package, enclosure, or other means of 
containment, in which the marine mammal is placed for purposes of 
storage, transit, supervision, or care.
    (e) Tenure of permits. The tenure of permits for scientific research 
or public display shall be designated on the face of the permit.



Sec. 18.32  Waiver of the moratorium.

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

[40 FR 59442, Dec. 24, 1975]



Sec. 18.33  Procedures for issuance of permits and modification, 

suspension, or revocation thereof.

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

[[Page 22]]

the director determines that a hearing would otherwise be advisable, the 
director may, within 60 days after the date of publication of the notice 
referred to in paragraph (a) of this section, afford to such requesting 
party or parties an opportunity for a hearing. Such hearing shall also 
be open to participation by any interested members of the public. Notice 
of the date, time, and place of such hearing shall be published in the 
Federal Register not less than 15 days in advance of such hearing. Any 
interested person may appear in person or through representatives at the 
hearing and may submit any relevant material, data, views, comments, 
arguments, or exhibits. A summary record of the hearing shall be kept.
    (c) As soon as practicable but not later than 30 days after the 
close of the hearing (or if no hearing is held, as soon as practicable 
after the end of the 30 days succeeding publication of the notice 
referred to in paragraph (a) of this section the director shall issue or 
deny issuance of the permit. Notice of the decision of the director 
shall be published in the Federal Register within 10 days after the date 
of such issuance or denial. Such notice shall include the date of the 
issuance or denial and indicate where copies of the permit, if issued, 
may be obtained.
    (d) Any permit shall be subject to modification, suspension, or 
revocation by the director in whole or in part in accordance with these 
regulations and the terms of such permits. The permittee shall be given 
written notice by registered mail, return receipt requested, of any 
proposed modification, suspension, or revocation. Such notice shall 
specify:
    (1) The action proposed to be taken along with a summary of the 
reasons therefor;
    (2) In accordance with 5 U.S.C. 558, the steps which the permittee 
may take to demonstrate or achieve compliance with all lawful 
requirements; and
    (3) That the permittee is entitled to a hearing thereon if a written 
request for such a hearing is received by the Director within 10 days 
after receipt of the aforesaid notice or such other later date as may be 
specified in the notice to the permittee. The time and place of the 
hearing, if requested by the permittee, shall be determined by the 
director and a written notice thereof given to the permittee by 
registered mail, return receipt requested, not less than 15 days prior 
to the date of hearing specified. The director may, in his discretion, 
allow participation at the hearing by interested members of the public. 
The permittee and other parties participating may submit all relevant 
material, data, views, comments, arguments, and exhibits at the hearing. 
A summary record shall be kept of any such hearing.
    (e) The Director shall make a decision regarding the proposed 
modification, suspension, or revocation, as soon as practicable after 
the close of the hearing, or if no hearing is held, as soon as 
practicable after the close of the 10 day period during which a hearing 
could have been requested. Notice of the modification, suspension, or 
revocation shall be published in the Federal Register within 10 days 
from the date of the Director's decision. In no event shall the proposed 
action take effect until notice of the Director's decision is published 
in the Federal Register.

Subpart E--Depleted Species or Stocks [Reserved]



          Subpart F_Transfer of Management Authority to States

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

[48 FR 22456, May 18, 1983]



         Subpart G_Notice and Hearing on Section 103 Regulations

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



Sec. 18.70  Basis and purpose.

    (a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and 
1371(b)) and these regulations authorize the Director, U.S.

[[Page 23]]

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



Sec. 18.71  Definitions.

    Definitions shall be the same as in subpart A of this part except as 
follows:
    (a) Party means for the purposes of this subpart:
    (1) The Director or his representative; or
    (2) A person who has notified the Director by specified dates of his 
or her intent to participate in the hearing pursuant to Sec. Sec. 18.75 
and 18.84(b).
    (b) Presiding officer means, for the purposes of this subpart, an 
administrative law judge of the Office of Hearings and Appeals appointed 
in accordance with 5 U.S.C. 3105.
    (c) Witness means, for the purposes of this subpart, any person who 
provides direct testimony on the proposed regulations and waiver. A 
person may be both a party and a witness.



Sec. 18.72  Scope of regulations.

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



Sec. 18.73  Burden of proof.

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



Sec. 18.74  Notice of hearing.

    (a) A notice of hearing on any proposed regulations shall be 
published in the Federal Register, together with the Director's proposed 
determination to waive the moratorium pursuant to section 101(a)(3)(A) 
(16 U.S.C. 1371(a)(3)(A)), where applicable.
    (b) The notice shall state:
    (1) The nature of the hearing;
    (2) The place and date of the hearing. The date shall not be less 
than 60 days after publication of notice of the hearing;
    (3) The legal authority under which the hearing is to be held;
    (4) The proposed regulations and waiver, where applicable, and a 
summary of the statements required by section 103(d) of the Act (16 
U.S.C. 1373(d));
    (5) Issues of fact which may be involved in the hearing;
    (6) If an Environmental Impact Statement is required, the date of 
publication of the Statement and the times and place(s) where the 
Statement and comments thereon may be viewed and copied;
    (7) Any written advice received from the Marine Mammal Commission;
    (8) The times and place(s) where records and submitted direct 
testimony will be kept for public inspection, along with appropriate 
references to any other documents;
    (9) The final date for filing with the Director a notice of intent 
to participate in the hearing pursuant to Sec. 18.75;
    (10) The final date for submission of direct testimony on the 
proposed regulations and waiver, if applicable, and the number of copies 
required;

[[Page 24]]

    (11) The docket number assigned to the case which shall be used in 
all subsequent proceedings; and
    (12) The place and date of the prehearing conference.



Sec. 18.75  Notification by interested persons.

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



Sec. 18.76  Presiding officer.

    (a) Upon publication of the notice of hearing pursuant to Sec. 
18.74, the Office of Hearings and Appeals shall appoint a presiding 
officer pursuant to 5 U.S.C. 3105. No individual who has any conflict of 
interest, financial or otherwise, shall serve as presiding officer in 
such proceeding.
    (b) The presiding officer, in any proceeding under this subpart, 
shall have power to:
    (1) Change the time and place of the hearing and adjourn the 
hearing;
    (2) Evaluate direct testimony submitted pursuant to these 
regulations, make a preliminary determination of the issues, conduct a 
prehearing conference to determine the issues for the hearing agenda, 
and cause to be published in the Federal Register a final hearing 
agenda;
    (3) Rule upon motions, requests and admissibility of direct 
testimony;
    (4) Administer oaths and affirmations, question witnesses and direct 
witnesses to testify;
    (5) Modify or waive any rule (after notice) when determining no 
party will be prejudiced;
    (6) Receive written comments and hear oral arguments;
    (7) Render a recommended decision; and
    (8) Do all acts and take all measures, including regulation of media 
coverage, for the maintenance of order at and the efficient conduct of 
the proceeding.
    (c) In case of the absence of the original presiding officer or his 
inability to act, the powers and duties to be performed by the original 
presiding officer under this part in connection with a proceeding may, 
without abatement of the proceeding, be assigned to any other presiding 
officer by the Office of Hearings and Appeals unless otherwise ordered 
by the Director.
    (d) The presiding officer shall withdraw from the proceeding upon 
his own motion or upon the filing of a motion by a party under Sec. 
18.76(e) if he deems himself disqualified under recognized canons of 
judicial ethics.
    (e) A presiding officer may be requested to withdraw at any time 
prior to the recommended decision. If there is filed by a party in good 
faith a timely and sufficient affidavit alleging the presiding officer's 
personal bias, malice, conflict of interest or other basis which might 
result in prejudice to a party, the hearing shall recess. The Director 
of the Office of Hearings and Appeals shall immediately determine the 
matter as a part of the record and decision in the proceeding, after 
making such investigation or holding such hearings, or both, as he may 
deem appropriate in the circumstances.



Sec. 18.77  Direct testimony submitted as written documents.

    (a) Unless otherwise specified, all direct testimony, including 
accompanying exhibits, must be submitted to the presiding officer in 
writing no later than the dates specified in the notice of the hearing 
(Sec. 18.74), the prehearing order (Sec. 18.82), or within 15 days 
after the conclusion of the prehearing conference (Sec. 18.84) as the 
case may be. All direct testimony, referred to in the affidavit and made 
a part thereof, must be attached to the affidavit. Direct testimony 
submitted with exhibits must state the issue to which the exhibit 
relates; if no such statement is made, the presiding officer shall 
determine the relevance of the exhibit to the issues published in the 
Federal Register.
    (b) The direct testimony submitted shall contain:
    (1) A concise statement of the witness' interest in the proceeding 
and his position regarding the issues presented. If the direct testimony 
is presented by a witness who is not a party, the witness shall state 
his relationship to the party; and
    (2) Facts that are relevant and material.
    (c) The direct testimony may propose issues of fact not defined in 
the notice

[[Page 25]]

of the hearing and the reason(s) why such issues should be considered at 
the hearing.
    (d) Ten copies of all direct testimony must be submitted unless the 
notice of the hearing otherwise specifies.
    (e) Upon receipt, direct testimony shall be assigned a number and 
stamped with that number and the docket number.
    (f) Contemporaneous with the publication of the notice of hearing, 
the Director's direct testimony in support of the proposed regulations 
and waiver, where applicable, shall be available for public inspection 
as specified in the notice of hearing. The Director may submit 
additional direct testimony during the time periods allowed for 
submission of such testimony by witnesses.



Sec. 18.78  Mailing address.

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



Sec. 18.79  Inspection and copying of documents.

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



Sec. 18.80  Ex parte communications.

    (a) After notice of a hearing is published in the Federal Register, 
all communications, whether oral or written, involving any substantive 
or procedural issue and directed either to the presiding officer or to 
the Director, Deputy Director or Marine Mammal Coordinator, U.S. Fish 
and Wildlife Service, without reference to these rules of procedure, 
shall be deemed ex parte communications and are not to be considered 
part of the record for decision.
    (b) A record of oral conversations shall be made by the above 
persons who are contacted. All communications shall be available for 
public viewing at times and place(s) specified in the notice of hearing.
    (c) The presiding officer shall not communicate with any party on 
any fact in issue or on the merits of the matter unless notice and 
opportunity is given for all parties to participate.



Sec. 18.81  Prehearing conference.

    (a) After an examination of all the direct testimony submitted 
pursuant to Sec. 18.77, the presiding officer shall make a preliminary 
determination of issues of fact which may be addressed at the hearing.
    (b) The presiding officer's preliminary determination shall be made 
available at the place or places provided in the notice of the hearing 
(Sec. 18.74(b)(8)) at least five days before the prehearing conference 
is held.
    (c) The purpose of the prehearing conference shall be to enable the 
presiding officer to determine, on the basis of the direct testimony 
submitted and prehearing discussions:
    (1) Whether the presiding officer's preliminary determination of 
issues of fact for the hearing has omitted any significant issues;
    (2) What facts are not in dispute;
    (3) Which witnesses may appear at the hearing; and
    (4) The nature of the interest of each party and which parties' 
interests are adverse.
    (d) Only parties may participate in the prehearing conference, and a 
party may appear in person or be represented by counsel.



Sec. 18.82  Prehearing order.

    (a) After the prehearing conference, the presiding officer shall 
prepare a prehearing order which shall be published in the Federal 
Register within ten days after the conclusion of the conference. A copy 
of the prehearing order shall be mailed to all Parties.
    (b) The prehearing order shall list: (1) All the issues which the 
hearing shall address, the order in which those issues shall be 
presented, and the direct testimony submitted which bears on the

[[Page 26]]

issues; and (2) a final date for submission of direct testimony on 
issues of fact not included in the notice of hearing if such issues are 
presented. The prehearing order may also specify a final date for 
submission of direct testimony to rebut testimony previously submitted 
during the time specified in the notice of the hearing.
    (c) The presiding officer shall publish with the prehearing order a 
list of witnesses who may appear at the hearing, a list of parties, the 
nature of the interest of each party, and which parties interests are 
adverse on the issues presented.
    (d) All parties shall be bound by the prehearing order.



Sec. 18.83  Determination to cancel the hearing.

    (a) If the presiding officer determines that no issues of material 
fact are presented by the direct testimony submitted prior to the date 
of the hearing, he may publish in the Federal Register such 
determination and that on issues of material fact a hearing shall not be 
held. The presiding officer may provide an opportunity for argument on 
any issues of law presented by the direct testimony.
    (b) Promptly after oral argument, if any, the presiding officer 
shall make a recommended decision based on the record, which in this 
case shall consist of the direct testimony and any oral argument 
presented. He shall transmit to the Director his recommended decision, 
the record and a certificate stating that the record contains all the 
written direct testimony. The Director shall then make a final decision 
in accordance with these regulations (Sec. 18.91).



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

    (a) Direct testimony to rebut testimony offered during the time 
period specified in the notice of hearing may be submitted pursuant to 
these regulations within fifteen days after the conclusion of the 
prehearing conference unless the presiding officer otherwise specifies 
in the prehearing order.
    (b) If the prehearing order presents issues not included in the 
notice of the hearing published pursuant to Sec. 18.74:
    (1) Any person interested in participating at the hearing on such 
issues presented shall notify the Director by certified mail of an 
intent to participate not later than ten days after publication of the 
prehearing order. Such person may present direct testimony or cross-
examine witnesses only on such issues presented unless he previously 
notified the Director pursuant to Sec. 18.75; and
    (2) Additional written direct testimony concerning such issues may 
be submitted within the time provided in the prehearing order. Such 
direct testimony will comply with the requirements of Sec. 18.77.



Sec. 18.85  Waiver of right to participate.

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



Sec. 18.86  Conduct of the hearing.

    (a) The hearing shall be held at the time and place fixed in the 
notice of hearing, unless the presiding officer changes the time or 
place. If a change occurs, the presiding officer shall publish the 
change in the Federal Register and shall expeditiously notify all 
parties by telephone or by mail. If the change in time or place of 
hearing is made less than five days before the date previously fixed for 
the hearing, the presiding officer shall also announce, or cause to be 
announced, the change at the time and place previously fixed for the 
hearing.
    (b) The presiding officer shall, at the commencement of the hearing, 
introduce into the record the notice of hearing as published in the 
Federal Register, all subsequent notices published in the Federal 
Register, the Environmental Impact Statement if it is required and the 
comments thereon and agency responses to the comments, and a list of all 
parties. Direct testimony shall then be received with respect to the 
matters specified in the prehearing order in such order as the presiding 
officer shall announce. With respect to direct testimony submitted as 
rebuttal testimony or in response to new issues

[[Page 27]]

presented by the prehearing conference, the presiding officer shall 
determine the relevancy of such testimony.
    (c) The hearing shall be publicly conducted and reported verbatim by 
an official reporter.
    (d) If a party objects to the admission or rejection of any direct 
testimony or to any other ruling of the presiding officer during the 
hearing, he shall state briefly the grounds of such objection, whereupon 
an automatic exception will follow if the objection is overruled by the 
presiding officer. The transcript shall not include argument or debate 
thereon except as ordered by the presiding officer. The ruling of the 
presiding officer on any objection shall be a part of the transcript and 
shall be subject to review at the same time and in the same manner as 
the Director's final decision. Only objections made before the presiding 
officer may subsequently be relied upon in the proceedings.
    (e) All motions and requests shall be addressed to, and ruled on by, 
the presiding officer if made prior to his certification of the 
transcript, or by the Director if made thereafter.



Sec. 18.87  Direct testimony.

    (a) Only direct testimony submitted as provided in these regulations 
and introduced at the hearing by a witness shall be considered part of 
the record. Such direct testimony, when written, shall not be read into 
evidence but shall become a part of the record subject to exclusion of 
irrelevant and immaterial parts thereof.
    (b) The witness introducing direct testimony shall:
    (1) State his name, address and occupation;
    (2) State qualifications for introducing the direct testimony. If an 
expert, the witness shall briefly state the scientific or technical 
training which qualifies him as an expert;
    (3) Identify the direct testimony previously submitted in accordance 
with these regulations; and
    (4) Submit to appropriate cross- and direct-examination. Cross-
examination shall be by a party whose interests are adverse on the issue 
presented to the witness if the witness is a party, or to the interests 
of the party who presented the witness.
    (c) A party shall be deemed to have waived the right to introduce 
direct-testimony if such party fails to present a witness to introduce 
the direct-testimony.
    (d) Official notice may be taken of such matters as are judicially 
noticed by the courts of the United States. Parties shall be given 
adequate notice, by the presiding officer, at the hearing, of matters so 
noticed and shall be given adequate opportunity to show that such facts 
are inaccurate or are erroneously noticed.



Sec. 18.88  Cross-examination.

    (a) The presiding officer may:
    (1) Require the cross-examiner to outline the intended scope of the 
examination; and
    (2) Exclude cross-examination questions that are immaterial, 
irrelevant or unduly repetitious.
    (b) Any party shall be given an opportunity to appear, either in 
person or through an authorized counsel or representative, to cross-
examine witnesses. Before cross-examining a witness, the party or 
counsel shall state his name, address and occupation. If counsel cross-
examines the witness, counsel shall state for the record the authority 
to act as counsel. Cross-examiners shall be assumed to be familiar with 
the direct testimony.
    (c) Any party or party's counsel who fails to appear at the hearing 
to cross-examine an ``adverse'' witness shall be deemed to have waived 
the right to cross-examine that witness.
    (d) Scientific, technical or commercial publications may only be 
utilized for the limited purposes of impeaching witnesses under cross-
examination unless previously submitted and introduced in accordance 
with these regulations.



Sec. 18.89  Oral and written arguments.

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

[[Page 28]]

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



Sec. 18.90  Recommended decision, certification of the transcript and 

submission of comments on the recommended decision.

    (a) Promptly after expiration of the period for receiving written 
briefs, the presiding officer shall make a recommended decision based on 
the record and transmit the decision to the Director. The recommended 
decision shall include:
    (1) A statement containing a description of the history of the 
proceedings;
    (2) Findings on the issues of fact with the reasons therefor; and
    (3) Rulings on issues of law.
    (b) The presiding officer shall also transmit to the Director the 
transcript of the hearing, the original and all copies of the direct 
testimony, and written comments. The presiding officer shall attach to 
the original transcript of the hearing a certificate stating that to the 
best of his knowledge and belief the transcript is a true transcript of 
the testimony given at the hearing except in such particulars as are 
specified.
    (c) Upon receipt of the recommended decision, the Director shall 
send a copy thereof to each party by certified mail and shall publish in 
the Federal Register a notice of the receipt of the recommended decision 
by the Director. The notice shall include:
    (1) A summary of the recommended decision;
    (2) A statement that any interested person may file written comments 
on the recommended decision with the Director by a specified date;
    (3) The time(s) and place(s) where the record of the hearing 
transmitted to the Director pursuant to paragraph (b) of this section 
may be inspected by interested persons; and
    (4) The time(s) and place(s) where the recommended decision may be 
inspected and/or copied by interested persons.
    (d) Within thirty days after the notice of receipt of the 
recommended decision has been published in the Federal Register, any 
interested person may file with the Director any written comments on the 
recommended decision. All comments, including recommendations from or 
consultation with the Marine Mammal Commission, must be submitted during 
the thirty-day period to the Director at the above address.



Sec. 18.91  Director's decision.

    (a) Upon receipt of the recommended decision and transcript and 
after the thirty-day period for receiving written comments on the 
recommended decision has passed, the Director shall make a final 
decision on the proposed regulations and waiver, where applicable. The 
Director's decision may affirm, modify, or set aside, in whole or in 
part, the recommended findings, conclusions and decision of the 
presiding officer. The Director may also remand the hearing record to 
the presiding officer for a fuller development of the record.
    (b) The Director's decision shall include:
    (1) A statement containing a description of the history of the 
proceeding;
    (2) Findings on the issues of fact with the reasons therefor;
    (3) Rulings on issues of law; and
    (4) Any other relevant information which the Director deems 
appropriate.
    (c) The Director's decision shall be published in the Federal 
Register. If the waiver is approved, the final adopted regulations shall 
be promulgated with the decision, or as soon thereafter as practicable.

[[Page 29]]



 Subpart H_Waiver of Moratorium on Taking and Importation of Individual 
                          Marine Mammal Species

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



Sec. 18.92  Purpose of regulations.

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



Sec. 18.93  Scope of regulations.

    (a) The provisions in this subpart apply only after (1) the Director 
has made a decision to waive a moratorium pursuant to section 
101(a)(3)(A) of the Act, (2) the opportunity for a hearing required by 
section 103(d) of the Act has been provided, and (3) the Director has 
made a determination, in the case of State laws and regulations, to 
approve such State laws and regulations pursuant to section 109(a)(2) of 
the Act and subpart F of this part.
    (b) The provisions of this subpart, unless specifically stated, 
apply to all taking and/or importation of each species of marine mammal 
for which the moratorium has been waived other than takings for 
scientific research or public display, which are governed by Sec. 18.31 
of this part, or takings incidental to commercial fishing operations 
which are governed by Sec. 18.24.



Sec. 18.94  Pacific walrus (Alaska).

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

[41 FR 14373, Apr. 5, 1976, as amended at 44 FR 45566, Aug. 2, 1979]

Subpart I [Reserved]



 Subpart J_Nonlethal 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: 71 FR 43950, Aug. 2, 2006, unless otherwise noted.

    Effective Date Note: At 71 FR 43950, Aug. 2, 2006, Subpart J was 
added, effective Aug. 2, 2006 through Aug. 2, 2011.



Sec. 18.121  What specified activities does this subpart cover?

    Regulations in this subpart apply to the nonlethal incidental, but 
not intentional, take of small numbers of polar bear and Pacific walrus 
by you (U.S. citizens as defined in Sec. 18.27(c)) while engaged in oil 
and gas exploration, development, and production activities in the 
Beaufort Sea and adjacent northern coast of Alaska.



Sec. 18.122  In what specified geographic region does this subpart apply?

    This subpart applies to the specified geographic region defined by a 
north-south line at Barrow, Alaska, and includes all Alaska coastal 
areas, State waters, and 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 not included in the area covered by this subpart. Figure 1 
shows the area where this subpart applies.

[[Page 30]]

[GRAPHIC] [TIFF OMITTED] TR02AU06.002



Sec. 18.123  When is this subpart effective?

    Regulations in this subpart are effective from August 2, 2006 
through August 2, 2011 for year-round oil and gas exploration, 
development, and production activities.



Sec. 18.124  How do I obtain a Letter of Authorization?

    (a) You must be a U.S. citizen as defined in Sec. 18.27(c).
    (b) If you are conducting an oil and gas exploration, development, 
or production activity in the specified geographic region described in 
Sec. 18.122 that may cause the taking of polar bear or Pacific walrus 
in execution of those activities and you want nonlethal incidental take 
authorization under this rule, you must apply for a Letter of 
Authorization for each exploration activity or a Letter of Authorization 
for activities in each development or production area. You must submit 
the application for authorization to our Alaska Regional Director (see 
50 CFR 2.2 for address) at least 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, i.e., a Plan of Operation.
    (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

[[Page 31]]

the activity, the location, and the time of year.
    (3) A site-specific polar bear awareness and interaction plan.
    (4) A Plan of Cooperation to mitigate potential conflicts between 
the proposed activity and subsistence hunting, where relevant. 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. Some of these measures may include, but are not limited to, 
mitigation measures described in Sec. 18.128.



Sec. 18.125  What criteria does the Service use to evaluate Letter 

of Authorization requests?

    (a) 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 analyzed 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 grant the authorization, add further conditions, or 
deny the authorization.
    (b) In accordance with Sec. 18.27(f)(5), 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 paragraph (b) 
of this section 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.



Sec. 18.126  What does a Letter of Authorization allow?

    (a) Your Letter of Authorization may allow the nonlethal 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;
    (5) Conducting environmental monitoring activities associated with 
exploration, development, and production activities to determine 
specific impacts of each activity;
    (6) Conducting restoration, remediation, demobilization programs, 
and associated activities.
    (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 conditions or methods 
that are specific to the activity and location.



Sec. 18.127  What activities are prohibited?

    (a) Intentional take and lethal incidental take of polar bear or 
Pacific walrus; and
    (b) Any take that fails to comply with this part or with the terms 
and conditions of your Letter of Authorization.



Sec. 18.128  What are the mitigation, 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) Holders 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.

[[Page 32]]

    (c) All holders of Letters of Authorization are required to have an 
approved polar bear and/or walrus interaction plan on file with the 
Service and on-site, and polar bear awareness training will also be 
required of certain personnel. Interaction plans must include:
    (1) The type of activity and, where and when the activity will 
occur, i.e., a Plan of Operation;
    (2) A food and waste management plan;
    (3) Personnel training materials and procedures;
    (4) Site at-risk locations and situations;
    (5) Walrus/bear observation and reporting procedures; and
    (6) Bear/walrus avoidance and encounter procedures.
    (d) All applicants for a Letter of Authorization must contact 
affected subsistence communities to discuss potential conflicts caused 
by location, timing, and methods of proposed operations and submit to us 
a record of communication that documents these discussions. If 
appropriate, the applicant for a Letter of Authorization must also 
submit to us a Plan of Cooperation that ensures that activities will not 
interfere with subsistence hunting and that adverse effects on the 
availability of polar bear or Pacific walrus are minimized.
    (e) Mitigation measures that may be required on a case-by-case basis 
include:
    (1) The use of trained marine mammal monitors associated with marine 
activities. We may require a monitor on the site of the activity or on 
board drill ships, drill rigs, aircraft, icebreakers, or other support 
vessels or vehicles to monitor the impacts of Industry's activity on 
polar bear and Pacific walrus.
    (2) The use of den habitat map developed by the USGS. A map of 
potential coastal polar bear denning habitat can be found at: http://
www.absc.usgs.gov/research/sis--summaries/polar--bears--sis/mapping--
dens.htm. This measure ensures that the location of potential polar bear 
dens is considered when conducting activities in the coastal areas of 
the Beaufort Sea.
    (3) The use of Forward Looking Infrared (FLIR) imagery, polar bear 
scent-trained dogs, or both to determine the presence or absence of 
polar bear dens in area of the activity.
    (4) Restricting the timing of the activity to limit disturbance 
around dens.
    (5) Requiring a 1-mile exclusion buffer surrounding known dens. If 
known occupied dens are located within an operator's area of activity, 
we will require a 1-mile exclusion buffer around the den to limit 
disturbance or require that the operator conduct activities after the 
female bears emerge from their dens. We will review these requirements 
for extenuating circumstances on a case-by-case basis.
    (f) For exploratory and development activities, holders of a Letter 
of Authorization must submit a report to our Alaska Regional Director 
(Attn: Marine Mammals Management Office) within 90 days after completion 
of activities. For production activities, holders of a Letter of 
Authorization must submit a report to our Alaska Regional Director 
(Attn: Marine Mammals Management Office) 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 required under subsection 
(g) of this section, including an estimated level of take.
    (g) Monitoring requirements include, but are not limited to:
    (1) For all activities, all sightings of polar bears and walrus must 
be recorded. To the extent possible, the monitor will record group size, 
age, sex, reaction, duration of interaction, and closest approach to 
Industry activity.
    (2) Activities within the coast of the geographic region may 
incorporate daily polar bear watch logs.
    (3) Polar bear monitors will be required under the monitoring plan 
if polar bears are known to frequent the area or known polar bear dens 
are present in the area. Monitors will act as an early detection system 
in regards to proximate bear activity to Industry facilities.

[[Page 33]]

    (4) Offshore sites may require systematic monitoring protocols for 
polar bears and walrus due to their nearshore locations. Systematic 
monitoring may be implemented to statistically monitor observation 
trends of walrus or polar bears in the nearshore areas where they 
usually occur.



Sec. 18.129  What are the information collection requirements?

    (a) The Office of Management and Budget has approved the collection 
of information contained in this subpart and assigned control number 
1018-0070. You must respond to this information collection request to 
obtain a benefit pursuant to section 101(a)(5) of the Marine Mammal 
Protection Act (MMPA). We will use the information to (1) evaluate the 
application and determine whether or not to issue specific Letters of 
Authorization and (2) monitor impacts of activities conducted under the 
Letters of Authorization.
    (b) 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, DC 20240.



PART 19_AIRBORNE HUNTING--Table of Contents




                         Subpart A_Introduction

Sec.
19.1 Purpose of regulations.
19.2 Scope of regulations.
19.3 Relation to other laws.
19.4 Definitions.

                         Subpart B_Prohibitions

19.11 General prohibitions.
19.12 Exceptions to general prohibitions.

                        Subpart C_Federal Permits

19.21 Limitation on Federal permits.

         Subpart D_State Permits and Annual Report Requirements

19.31 State permits.
19.32 Annual reporting requirements.

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

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



                         Subpart A_Introduction



Sec. 19.1  Purpose of regulations.

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



Sec. 19.2  Scope of regulations.

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



Sec. 19.3  Relation to other laws.

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



Sec. 19.4  Definitions.

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

[[Page 34]]

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



                         Subpart B_Prohibitions



Sec. 19.11  General prohibitions.

    (a) Except as otherwise authorized by the Fish and Wildlife Act of 
1956 as amended, no person shall:
    (1) While airborne in any aircraft shoot or attempt to shoot for the 
purpose of capturing or killing any wildlife;
    (2) Use an aircraft to harass any wildlife; or
    (3) Knowingly participate in using an aircraft whether in the 
aircraft or on the ground for any purpose referred to in paragraph (a) 
(1) or (2) of this section.
    (b) The acts prohibited in this section include, but are not limited 
to, any person who:
    (1) Pilots or assists in the operation of an aircraft from which 
another person shoots or shoots at wildlife while airborne, or
    (2) While on the ground takes or attempts to take any wildlife by 
means, aid, or use of an aircraft.



Sec. 19.12  Exceptions to general prohibitions.

    The prohibitions of the preceding section shall not apply to any 
person who:
    (1) Is acting within the scope of his official duties as an employee 
or authorized agent of a State or the United States to administer or 
protect or aid in the administration or protection of land, water, 
wildlife, livestock, domesticated animals, human life or crops; or
    (2) Is acting within the limitations of a permit referred to in 
Sec. 19.21 or Sec. 19.31 of this part.



                        Subpart C_Federal Permits



Sec. 19.21  Limitation on Federal permits.

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



         Subpart D_State Permits and Annual Report Requirements



Sec. 19.31  State permits.

    (a) Except as provided in Sec. 19.3, States may issue permits to 
persons to engage in airborne hunting or harassing of wildlife for 
purposes of administering or protecting land, water, wildlife, 
livestock, domestic animals, human life or crops. States may not issue 
permits for the purpose of sport hunting.
    (b) Upon issuance of a permit by a State to a person pursuant to 
this section, the issuing authority will provide immediate notification 
to the Special Agent in Charge having jurisdiction according to Sec. 
10.22.



Sec. 19.32  Annual reporting requirements.

    (a) Any State issuing permits to persons to engage in airborne 
hunting or harassing of wildlife or any State whose employees or agents 
participate in airborne hunting or harassing of wildlife for purposes of 
administering or protecting land, water, wildlife, livestock, domestic 
animals, human life or crops, shall file with the Director, an 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

[[Page 35]]

made by the Director and furnished to any State filing such annual 
report.



PART 20_MIGRATORY BIRD HUNTING--Table of Contents




                         Subpart A_Introduction

Sec.
20.1 Scope of regulations.
20.2 Relation to other provisions.

                          Subpart B_Definitions

20.11 What terms do I need to understand?

                            Subpart C_Taking

20.20 Migratory Bird Harvest Information Program.
20.21 What hunting methods are illegal?
20.22 Closed seasons.
20.23 Shooting hours.
20.24 Daily limit.
20.25 Wanton waste of migratory game birds.
20.26 Emergency closures.

                          Subpart D_Possession

20.31 Prohibited if taken in violation of subpart C.
20.32 During closed season.
20.33 Possession limit.
20.34 Opening day of a season.
20.35 Field possession limit.
20.36 Tagging requirement.
20.37 Custody of birds of another.
20.38 Possession of live birds.
20.39 Termination of possession.
20.40 Gift of migratory game birds.

            Subpart E_Transportation Within the United States

20.41 Prohibited if taken in violation of subpart C.
20.42 Transportation of birds of another.
20.43 Species identification requirement.
20.44 Marking package or container.

                          Subpart F_Exportation

20.51 Prohibited if taken in violation of subpart C.
20.52 Species identification requirement.
20.53 Marking package or container.

                         Subpart G_Importations

20.61 Importation limits.
20.62 Importation of birds of another.
20.63 Species identification requirement.
20.64 Foreign export permits.
20.65 Processing requirement.
20.66 Marking of package or container.

                Subpart H_Federal, State, and Foreign Law

20.71 Violation of Federal law.
20.72 Violation of State law.
20.73 Violation of foreign law.

            Subpart I_Migratory Bird Preservation Facilities

20.81 Tagging requirement.
20.82 Records required.
20.83 Inspection of premises.

                       Subpart J_Feathers or Skins

20.91 Commercial use of feathers.
20.92 Personal use of feathers or skins.

     Subpart K_Annual Seasons, Limits, and Shooting Hours Schedules

20.100 General provisions.
20.101 Seasons, limits, and shooting hours for Puerto Rico and the 
          Virgin Islands.
20.102 Seasons, limits, and shooting hours for Alaska.
20.103 Seasons, limits, and shooting hours for mourning and white-winged 
          doves and wild pigeons.
20.104 Seasons, limits, and shooting hours for rails, woodcock, and 
          common (Wilson's) snipe.
20.105 Seasons, limits, and shooting hours for waterfowl, coots, and 
          gallinules.
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: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 703-
712; Fish and Wildlife

[[Page 36]]

Act of 1956, 16 U.S.C. 742a-j; Public Law 106-108, 113 Stat. 1491, Note 
Following 16 U.S.C. 703.

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



                         Subpart A_Introduction



Sec. 20.1  Scope of regulations.

    (a) In general. The regulations contained in this part relate only 
to the hunting of migratory game birds, and crows.
    (b) Procedural and substantive requirements. Migratory game birds 
may be taken, possessed, transported, shipped, exported, or imported 
only in accordance with the restrictions, conditions, and requirements 
contained in this part. Crows may be taken, possessed, transported, 
exported, or imported only in accordance with subpart H of this part and 
the restrictions, conditions, and requirements prescribed in Sec. 
20.133.



Sec. 20.2  Relation to other provisions.

    (a) Migratory bird permits. The provisions of this part shall not be 
construed to alter the terms of any permit or other authorization issued 
pursuant to part 21 of this subchapter.
    (b) Migratory bird hunting stamps. The provisions of this part are 
in addition to the provisions of the Migratory Bird Hunting Stamp Act of 
1934 (48 Stat. 451, as amended; 16 U.S.C. 718a).
    (c) National wildlife refuges. The provisions of this part are in 
addition to, and are not in lieu of, any other provision of law 
respecting migratory game birds under the National Wildlife Refuge 
System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C. 
668dd) or any regulation made pursuant thereto.
    (d) State Laws for the protection of migratory birds. No statute or 
regulation of any State shall be construed to relieve a person from the 
restrictions, conditions, and requirements contained in this part, 
however, nothing in this part shall be construed to prevent the several 
States from making and enforcing laws or regulations not inconsistent 
with these regulations and the conventions between the United States and 
any foreign country for the protection of migratory birds or with the 
Migratory Bird Treaty Act, or which shall give further protection to 
migratory game birds.
    (e) Migratory bird subsistence harvest in Alaska. The provisions of 
this part, except for paragraphs (a) through (d) of this section, are 
not applicable to the regulations governing the migratory bird 
subsistence harvest in Alaska (part 92 of this subchapter) unless 
specifically referenced in part 92 of subchapter G of this chapter.

[38 FR 22021, Aug. 15, 1973, as amended at 68 FR 43027, July 21, 2003]



                          Subpart B_Definitions



Sec. 20.11  What terms do I need to understand?

    For the purpose of this part, the following terms shall be 
construed, respectively, to mean and to include:
    (a) Migratory game birds means those migratory birds included in the 
terms of conventions between the United States and any foreign country 
for the protection of migratory birds, for which open seasons are 
prescribed in this part and belong to the following families:
    (1) Anatidae (ducks, geese [including brant] and swans);
    (2) Columbidae (doves and pigeons);
    (3) Gruidae (cranes);
    (4) Rallidae (rails, coots and gallinules); and
    (5) Scolopacidae (woodcock and snipe).
    A list of migratory birds protected by the international conventions 
and the Migratory Bird Treaty Act appears in Sec. 10.13 of this 
subchapter.
    (b) Seasons--(1) Open season means the days on which migratory game 
birds may lawfully be taken. Each period precribed as an open season 
shall be construed to include the first and last days thereof.
    (2) Closed season means the days on which migratory game birds shall 
not be taken.
    (c) Bag limits--(1) Aggregate bag limit means a condition of taking 
in which two or more usually similar species may be bagged (reduced to 
possession) by the hunter in predetermined or unpredetermined quantities 
to satisfy a maximum take limit.

[[Page 37]]

    (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,

[[Page 38]]

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.
    (n) Resident Canada geese means Canada geese that nest within the 
lower 48 States and the District of Columbia in the months of March, 
April, May, or June, or reside within the lower 48 States and the 
District of Columbia in the months of April, May, June, July, or August.

[53 FR 24290, June 28, 1988, as amended at 64 FR 29804, June 3, 1999; 71 
FR 45986, Aug. 10, 2006; 72 FR 46407, Aug. 20, 2007]



                            Subpart C_Taking



Sec. 20.20  Migratory Bird Harvest Information Program.

    (a) Information collection requirements. The collections of 
information contained in Sec. 20.20 have been approved by the Office of 
Management and Budget under 44 U.S.C. 3501 et seq. and assigned 
clearance number 1018-0015. An agency may not conduct or sponsor, and a 
person is not required to respond to a collection of information unless 
it displays a currently valid OMB control number. The information will 
be used to provide a sampling frame for the national Migratory Bird 
Harvest Survey. Response is required from licensed hunters to obtain the 
benefit of hunting migratory game birds. Public reporting burden for 
this information is estimated to average 2 minutes per response for 
3,300,000 respondents, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. Thus 
the total annual reporting and record-keeping burden for this collection 
is estimated to be 112,000 hours. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to the Service 
Information Collection Clearance Officer, ms-224 ARLSQ, Fish and 
Wildlife Service, Washington, DC 20240, or the Office of Management and 
Budget, Paperwork Reduction Project 1018-0015, Washington, DC 20503.
    (b) General provisions. Each person hunting migratory game birds in 
any State except Hawaii must have identified himself or herself as a 
migratory bird hunter and given his or her name, address, and date of 
birth to the respective State hunting licensing authority and must have 
on his or her person evidence, provided by that State, of compliance 
with this requirement.
    (c) Tribal exemptions. Nothing in paragraph (b) of this section 
shall apply to tribal members on Federal Indian Reservations or to 
tribal members hunting on ceded lands.
    (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]

[[Page 39]]



Sec. 20.21  What hunting methods are illegal?

    Migratory birds on which open seasons are prescribed in this part 
may be taken by any method except those prohibited in this section. No 
persons shall take migratory game birds:
    (a) With a trap, snare, net, rifle, pistol, swivel gun, shotgun 
larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, 
poison, drug, explosive, or stupefying substance;
    (b) With a shotgun of any description capable of holding more than 
three shells, unless it is plugged with a one-piece filler, incapable of 
removal without disassembling the gun, so its total capacity does not 
exceed three shells. However, this restriction does not apply during:
    (1) A light-goose-only season (greater and lesser snow geese 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.
    (2) A Canada goose only season when all other waterfowl and crane 
hunting seasons, excluding falconry, are closed in the Atlantic, 
Central, and Mississippi Flyway portions of Alabama, Arkansas, Colorado, 
Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, 
Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, 
Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New 
Mexico, New Jersey, New York, North Carolina, North Dakota, Ohio, 
Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, 
Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and 
Wyoming, as set forth below:
    (i) During the period of September 1 to September 15; and
    (ii) During the period of September 16 to September 30, when 
approved in the annual regulatory schedule in subpart K of this part.
    (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. However, this restriction does not apply during:
    (1) A light-goose-only season (greater and lesser snow geese 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.
    (2) A Canada goose only season when all other waterfowl and crane 
hunting

[[Page 40]]

seasons, excluding falconry, are closed in the Atlantic, Central, and 
Mississippi Flyway portions of Alabama, Arkansas, Colorado, Connecticut, 
Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, 
Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New 
Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, 
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, 
Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming, as set 
forth below:
    (i) During the period of September 1 to September 15; and
    (ii) During the period of September 16 to September 30, when 
approved in the annual regulatory schedule in subpart K of this part.
    (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 loose shot for muzzle loading or shotshells 
containing other than the following approved shot types.

------------------------------------------------------------------------
                               Percent composition  Field testing device
    Approved shot type *            by weight                **
------------------------------------------------------------------------
bismuth-tin.................  97 bismuth, 3 tin...  HOT*SHOT [reg]. ***
iron (steel)................  iron and carbon.....  Magnet or HOT*SHOT
                                                     [reg].
iron-tungsten...............  any proportion of     Magnet or HOT*SHOT
                               tungsten, =1 iron.
iron-tungsten-nickel........  =1 iron,   Magnet or HOT*SHOT
                               any proportion of     [reg]. **
                               tungsten, up to 40
                               nickel.
tungsten-bronze.............  51.1 tungsten, 44.4   Rare Earth Magnet.
                               copper, 3.9 tin,
                               0.6 iron and 60
                               tungsten, 35.1
                               copper, 3.9 tin, 1
                               iron.
tungsten-iron-copper-nickel.  40-76 tungsten, 10-   HOT*SHOT [reg] or
                               37 iron, 9-16         Rare Earth Magnet.
                               copper, 5-7 nickel.
tungsten-matrix.............  95.9 tungsten, 4.1    HOT*SHOT [reg].
                               polymer.
tungsten-polymer............  95.5 tungsten, 4.5    HOT*SHOT [reg].
                               Nylon 6 or 11.
tungsten-tin-iron...........  any proportions of    Magnet or HOT*SHOT
                               tungsten and tin,     [reg].
                               =1 iron.
tungsten-tin-bismuth........  any proportions of    Rare Earth Magnet.
                               tungsten, tin, and
                               bismuth..
tungsten-tin-iron-nickel....  65 tungsten, 21.8     Magnet.
                               tin, 10.4 iron, 2.8
                               nickel.
------------------------------------------------------------------------
* Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome
  on approved nontoxic shot types also are approved.
** The information in the ``Field Testing Device'' column is strictly
  informational, not regulatory.
*** The ``HOT*SHOT'' field testing device is from Stream Systems of
  Concord, CA.


[[Page 41]]

    (2) Each approved shot type must contain less than 1 percent 
residual lead (see Sec. 20.134).
    (3) This shot type restriction applies to the taking of ducks, geese 
(including brant), swans, coots (Fulica americana), and any other 
species that make up aggregate bag limits with these migratory game 
birds during concurrent seasons in areas described in Sec. 20.108 as 
nontoxic shot zones.

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22896, Aug. 27, 1973; 
44 FR 2599, Jan. 12, 1979; 45 FR 70275, Oct. 23, 1980; 49 FR 4079, Feb. 
2, 1984; 52 FR 27364, July 21, 1987; 53 FR 24290, June 28, 1988; 60 FR 
64, Jan. 3, 1995; 60 FR 43316, Aug. 18, 1995; 61 FR 42494, Aug. 15, 
1996; 62 FR 43447, Aug. 13, 1997; 64 FR 29804, June 3, 1999; 64 FR 
32780, June 17, 1999; 64 FR 45405, Aug. 19, 1999; 64 FR 71237, Dec. 20, 
1999; 65 FR 53940, Sept. 6, 2000; 66 FR 742, Jan. 4, 2001; 66 FR 32265, 
June 14, 2001; 68 FR 1392, Jan. 10, 2003; 69 FR 48165, Aug. 9, 2004; 70 
FR 49196, Aug. 23, 2005; 71 FR 4297, Jan. 26, 2006; 71 FR 45986, Aug. 
10, 2006; 72 FR 46407, Aug. 20, 2007]



Sec. 20.22  Closed seasons.

    No person may take migratory game birds during the closed season 
established in this part except as provided in parts 21 and 92 of this 
chapter.

[68 FR 43027, July 21, 2003]



Sec. 20.23  Shooting hours.

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

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]



Sec. 20.24  Daily limit.

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

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]



Sec. 20.25  Wanton waste of migratory game birds.

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

[41 FR 31536, July 29, 1976]



Sec. 20.26  Emergency closures.

    (a) The Director may close or temporarily suspend any season 
established under subpart K of this part:
    (1) Upon a finding that a continuation of such a season would 
constitute an imminent threat to the safety of any endangered or 
threatened species or other migratory bird populations.
    (2) Upon issuance of local public notice by such means as 
publication in local newspapers of general circulation, posting of the 
areas affected, notifying the State wildlife conservation agency, and 
announcement on local radio and television.
    (b) Any such closure or temporary suspension shall be announced by 
publication of a notice to that effect in the Federal Register 
simultaneous with the local public notice referred to in paragraph 
(a)(2) of this section. However, in the event that it is impractical to 
publish a Federal Register notice simultaneously, due to the restriction 
in time available and the nature of the particular emergency situation, 
such notice shall follow the steps outlined in paragraph (a) of this 
section as soon as possible.
    (c) Any closure or temporary suspension under this section shall be 
effective on the date of publication of the Federal Register notice; or 
if such notice is not published simultaneously, then on the date and at 
the time specified in the local notification to the public. Every notice 
of closure shall include the date and time of closing of the season and 
the area or areas affected. In the case of a temporary suspension, the 
date and time when the season may be resumed shall be provided by a 
subsequent local notification to the public, and by publication in the 
Federal Register.

[41 FR 31536, July 29, 1976]

[[Page 42]]



                          Subpart D_Possession



Sec. 20.31  Prohibited if taken in violation of subpart C.

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



Sec. 20.32  During closed season.

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



Sec. 20.33  Possession limit.

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



Sec. 20.34  Opening day of a season.

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



Sec. 20.35  Field possession limit.

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

[41 FR 31536, July 29, 1976]



Sec. 20.36  Tagging requirement.

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



Sec. 20.37  Custody of birds of another.

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



Sec. 20.38  Possession of live birds.

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



Sec. 20.39  Termination of possession.

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

[41 FR 31537, July 29, 1976]



Sec. 20.40  Gift of migratory game birds.

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

[42 FR 39668, Aug. 5, 1977]



            Subpart E_Transportation Within the United States



Sec. 20.41  Prohibited if taken in violation of subpart C.

    No person shall at any time, by any means, or in any manner, 
transport

[[Page 43]]

any migratory game bird or part thereof, taken in violation of any 
provision of subpart C of this part.



Sec. 20.42  Transportation of birds of another.

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



Sec. 20.43  Species identification requirement.

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

[41 FR 31537, July 19, 1976]



Sec. 20.44  Marking package or container.

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



                          Subpart F_Exportation



Sec. 20.51  Prohibited if taken in violation of subpart C.

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



Sec. 20.52  Species identification requirement.

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



Sec. 20.53  Marking package or container.

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



                         Subpart G_Importations



Sec. 20.61  Importation limits.

    No person shall import migratory game birds in excess of the 
following importation limits:
    (a) Doves and pigeons. (1) From any foreign country except Mexico, 
during any one calendar week beginning on Sunday, not to exceed 25 
doves, singly or in the aggregate of all species, and 10 pigeons, singly 
or in the aggregate of all species.
    (2) From Mexico, not to exceed the maximum number permitted by 
Mexican authorities to be taken in any one day: Provided, That if the 
importer has his Mexican hunting permit date-stamped by appropriate 
Mexican wildlife authorities on the first day he hunts in Mexico, he may 
import the applicable Mexican possession limit corresponding to the days 
actually hunted during that particular trip.
    (b) Waterfowl. (1) From any foreign country except Canada and 
Mexico, during any one calendar week beginning on Sunday, not to exceed 
10 ducks, singly or in the aggregate of all species, and five geese 
including brant, singly or in the aggregate of all species.
    (2) From Canada, not to exceed the maximum number permitted to be 
exported by Canadian authorities.
    (3) From Mexico, not to exceed the maximum number permitted by 
Mexican authorities to be taken in any one day: Provided, That if the 
importer has his Mexican hunting permit date-stamped by appropriate 
Mexican wildlife authorities on the first day he hunts in Mexico, he may 
import the applicable Mexican possession limit corresponding to the days 
actually hunted during that particular trip.

[40 FR 36346, Aug. 20, 1975]

[[Page 44]]



Sec. 20.62  Importation of birds of another.

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



Sec. 20.63  Species identification requirement.

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

[41 FR 31537, July 19, 1976]



Sec. 20.64  Foreign export permits.

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



Sec. 20.65  Processing requirement.

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



Sec. 20.66  Marking of package or container.

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



                Subpart H_Federal, State, and Foreign Law



Sec. 20.71  Violation of Federal law.

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



Sec. 20.72  Violation of State law.

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



Sec. 20.73  Violation of foreign law.

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



            Subpart I_Migratory Bird Preservation Facilities



Sec. 20.81  Tagging requirement.

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

[41 FR 31537, July 29, 1976]



Sec. 20.82  Records required.

    (a) No migratory bird preservation facility shall:
    (1) Receive or have in custody any migratory game bird unless 
accurate records are maintained which can identify each bird received 
by, or in the custody of, the facility by the name of the person from 
whom the bird was obtained, and show (i) the number of each species; 
(ii) the location where taken; (iii) the date such birds were received; 
(iv) the name and address of the person from whom such birds were 
received; (v) the date such birds were disposed of; and (vi) the name 
and address of the

[[Page 45]]

person to whom such birds were delivered, or
    (2) Destroy any records required to be maintained under this section 
for a period of 1 year following the last entry on the record.
    (b) Record keeping as required by this section will not be necessary 
at hunting clubs which do not fully process migratory birds by removal 
of both the head and wings.

[41 FR 38510, Sept. 10, 1976]



Sec. 20.83  Inspection of premises.

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

[41 FR 31537, July 19, 1976]



                       Subpart J_Feathers or Skins



Sec. 20.91  Commercial use of feathers.

    Any person may possess, purchase, sell, barter, or transport for the 
making of fishing flies, bed pillows, and mattresses, and for similar 
commercial uses the feathers of migratory waterfowl (ducks, geese, 
brant, and swans) killed by hunting pursuant to this part, or seized and 
condemned by Federal or State game authorities, except that:
    (a) No person shall purchase, sell, barter, or offer to purchase, 
sell, or barter for millinery or ornamental use the feathers of 
migratory game birds taken under authority of this part; and
    (b) No person shall purchase, sell, barter, or offer to purchase, 
sell, or barter mounted specimens of migratory game birds taken under 
authority of this part.

[38 FR 22021, Aug. 15, 1973, as amended at 45 FR 70275, Oct. 23, 1980]



Sec. 20.92  Personal use of feathers or skins.

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



     Subpart K_Annual Seasons, Limits, and Shooting Hours Schedules



Sec. 20.100  General provisions.

    (a) The taking, possession, transportation, and other uses of 
migratory game birds by hunters is generally prohibited unless it is 
specifically provided for under regulations developed in accordance with 
the Migratory Bird Treaty Act. Consequently, hunting is prohibited 
unless regulatory schedules are established for seasons, daily bag and 
possession limits, and shooting (or hawking) hours. Migratory game bird 
population levels, including production and habitat conditions, vary 
annually. These conditions differ over North America, and within the 
United States, by flyways, States, and frequently areas within States. 
Thus, it is necessary to make annual adjustments in the schedules to 
limit the harvests of migratory game birds to permissible levels.
    (b) The development of these schedules involves annual data 
gathering programs to determine migratory game bird population status 
and trends, evaluations of habitat conditions, harvest information, and 
other factors having a bearing on the anticipated size of the fall 
flights of these birds. The proposed hunting schedules are announced 
early in the spring, and following consideration of additional 
information as it becomes available, as well as public comment, they are 
modified and published as supplemental proposals. These are also open to 
public comment. Public hearings are held for the purpose of providing 
additional opportunity for public participation in the rulemaking 
process.

[44 FR 7147, Feb. 6, 1979]



Sec. 20.101  Seasons, limits and shooting hours for Puerto Rico and 

the Virgin Islands.

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

[[Page 46]]

with the use of nontoxic shot beginning in the 1991-92 waterfowl season.

[53 FR 24290, June 28, 1988]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.102  Seasons, limits, and shooting hours for Alaska.

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

[55 FR 35267, Aug. 28, 1990]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.103  Seasons, limits, and shooting hours for mourning 

and white-winged doves and wild pigeons.

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

[44 FR 7147, Feb. 6, 1979]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.104  Seasons, limits, and shooting hours for rails, 

woodcock, and common (Wilson's) snipe.

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

[44 FR 7148, Feb. 6, 1979]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.105  Seasons, limits and shooting hours for waterfowl, 

coots, and gallinules.

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

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

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.106  Seasons, limits, and shooting hours for sandhill cranes.

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

[55 FR 35267, Aug. 28, 1990]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.107  Seasons, limits, and shooting hours for tundra swans.

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

[55 FR 39829, Sept. 28, 1990]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.

[[Page 47]]



Sec. 20.108  Nontoxic shot zones.

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

[56 FR 22102, May 13, 1991]



Sec. 20.109  Extended seasons, limits, and hours for taking 

migratory game birds by falconry.

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

[44 FR 7148, Feb. 6, 1979]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



Sec. 20.110  Seasons, limits, and other regulations for certain 

Federal Indian reservations, Indian Territory, and ceded lands.

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

[50 FR 35764, Sept. 3, 1985]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



          Subpart L_Administrative and Miscellaneous Provisions



Sec. 20.131  Extension of seasons.

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



Sec. 20.132  Subsistence use in Alaska.

    In Alaska, any person may, for subsistence purposes, take, possess, 
and transport, in any manner, from September 1 through April 1, snowy 
owls and cormorants for food and their skins for clothing, but birds and 
their parts may not be sold or offered for sale.

[68 FR 43027, July 21, 2003]



Sec. 20.133  Hunting regulations for crows.

    (a) Crows may be taken, possessed, transported, exported, or 
imported, only in accordance with such laws or regulations as may be 
prescribed by a State pursuant to this section.
    (b) Except in the State of Hawaii, where no crows shall be taken, 
States may by statute or regulation prescribe a hunting season for 
crows. Such State statutes or regulations may set forth the method of 
taking, the bag and possession limits, the dates and duration of the 
hunting season, and such other regulations as may be deemed appropriate, 
subject to the following limitations for each State:
    (1) Crows shall not be hunted from aircraft;
    (2) The hunting season or seasons on crows shall not exceed a total 
of 124 days during a calendar year;
    (3) Hunting shall not be permitted during the peak crow nesting 
period within a State; and
    (4) Crows may only be taken by firearms, bow and arrow, and 
falconry.

[[Page 48]]



Sec. 20.134  Nontoxic shot.

    (a) Approval. (1) The information collection requirements contained 
in Sec. 20.134 have been approved by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-
0067. The information is being collected to provide a basis for which 
the Director, Fish and Wildlife Service, can conduct a methodical and 
objective review to approve/disapprove nontoxic shot status sought by an 
applicant. The information will be used for toxicity assessment of 
candidate shot submitted for approval by applicant. Response is required 
to obtain a benefit.
    (2) The Director, U.S. Fish and Wildlife Service, shall determine 
that a specific type of shot material is acceptable for the purposes of 
50 CFR 20.21(j), if after a review of applications and supporting data 
submitted in accordance with this section, together with all other 
relevant evidence, including public comment, it is concluded that the 
spent shot material does not impose a significant danger to migratory 
birds and other wildlife or their habitats.
    (b) Application and review--Tiered strategy for approval of nontoxic 
shot and shot coating. (1) All applications for approval under this 
section must be submitted with supporting documentation to the Director 
in accordance with the following procedures and must include at a 
minimum the supporting materials and information covered by Tier 1 in 
the tiered approval system as follows:
    (2) Tier 1. (i)(A) Applicant provides statements of use, chemical 
characterization, production variability, volume of use of candidate 
material and shot sample as listed in paragraphs (b)(2)(i)(A)(1) through 
(5), (b)(2)(i)(B)(1) through (5), and (b)(2)(i)(C)(1) through (3) of 
this section. The candidate shot or shot coating may be chemically 
analyzed by the Service or an independent laboratory to compare the 
results with the applicant's descriptions of shot composition and 
composition variability. Rejection of the application will occur if it 
is incomplete or if the composition of the candidate material, upon 
analysis, varies significantly from that described by the applicant.
    (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

[[Page 49]]

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

[[Page 50]]

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 [reg]-coated 
magnets; Hydrochloric acid (pH 2.0) and pepsin; Capped test tubes; and 
Lead, steel and candidate shot/coated shot.
    (2) Typical test procedures. Add hydrochloric acid and pepsin to 
each capped test tube at a volume and concentration that will erode a 
single No. 4 lead shot at a rate of 5 mg/day. Place three test tubes, 
each containing either lead shot, steel shot or candidate shot and/or 
coated shot, in an aluminum block on the stirring hot plate. Add a 
Teflon [reg] coated magnet to each test tube and set the hot 
plate at 42 degrees centigrade and 500 revolutions per minute. Determine 
the erosion of shot or coated shot daily for 14 consecutive days by 
weighing the shot and analyzing the digestion solution with an atomic 
absorption spectrophotometer. Replicate the 14-day procedure five times.
    (3) Typical test analyses. Compare erosion rates of the three types 
of shot by appropriate analysis of variance and regression procedures. 
The statistical analysis will determine whether the rate of erosion of 
the shot and/or shot coating is significantly greater or less than that 
of lead and steel. This determination is important to any subsequent 
toxicity testing.
    (B) Acute toxicity test--Tier 2 (Short-term, 30-day acute toxicity 
test using a commercially available duck food.). Over a 30-day period, 
conduct a short-term

[[Page 51]]

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

[[Page 52]]

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

[[Page 53]]

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

[[Page 54]]

in paragraph (b)(4) by the shot or shot coating must not be 
significantly greater than those caused by steel shot. Percentage data 
is subject to an arcsine, square root transformation prior to 
statistical analyses. Physiological and reproductive data is analyzed by 
one-tailed t-tests ([alpha]=0.05), or other appropriate statistical 
procedures by the applicant.
    (ii) After conclusion of Tier 3 testing, the applicant must report 
the results to the Director. If after review of the Tier 3 data 
(completion 60 days after receipt of material) the Service determines 
that all of the information gathered and submitted in accordance with 
Tiers 1, 2, and 3, as applicable, does not establish that the shot or 
shot coating does not impose a significant danger to migratory birds, 
other wildlife, and their habitats, the applicant will have the option 
of repeating the tests that the Director deems are inconclusive. If the 
applicant chooses not to repeat the tests, approval of the candidate 
shot or shot coating is denied. A Notice of Review will inform the 
public that Tier 3 results are inconclusive, the applicant's decision 
not to repeat Tier 3 testing, and the Service's subsequent denial of the 
shot or shot coating.
    (iii) If review of either the initial or repeated Tier 3 test data 
results in a preliminary determination that the shot or shot coating 
does not impose a significant danger to migratory birds, other wildlife 
and their habitats, the Director will publish in the Federal Register a 
proposed rule stating the Service's intention to approve this shot or 
shot coating and providing the public with the opportunity to comment. 
The rulemaking will include a description of the chemical composition of 
the shot or shot coating and a synopsis of findings under the standards 
required by Tier 3. If at the end of the comment period, the Service 
concludes that the shot or shot coating does not impose a significant 
danger to migratory birds, other wildlife, or their habitats, the shot 
or shot coating will be approved as nontoxic with publication of a final 
rule in the Federal Register.
    (5) Residual lead levels. The Service's maximum environmentally 
acceptable level of lead in shot is trace amounts or <1 percent. Any 
shot manufactured with lead levels equal to or exceeding 1 percent are 
considered toxic and, therefore, illegal.
    (6) Field detection device. Before approval of any shot for use in 
migratory game bird hunting, a noninvasive field testing device must be 
available for enforcement officers to determine the shot material in a 
given shell in the field.

(Information collection requirements approved by the Office of 
Management and Budget under control no. 1018-0067)

[51 FR 42100, Nov. 21, 1986, as amended at 62 FR 63611, Dec. 1, 1997]

Subpart M [Reserved]



 Subpart N_Special Procedures for Issuance of Annual Hunting Regulations

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



Sec. 20.151  Purpose and scope.

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



Sec. 20.152  Definitions.

    As used in this subpart N:
    (a) Flyway Council means the Atlantic, Mississippi, Central, or 
Pacific Flyway Council;
    (b) Regulations Committee means the Migratory Bird Regulations 
Committee of the Fish and Wildlife Service; and
    (c) Significant, as used in reference to a communication or other 
form of information or data, means related to the merits of the 
regulation and received, utilized, or transmitted by an official of the 
Department who is or may reasonably be expected to be involved in the 
decisional process on the regulation.



Sec. 20.153  Regulations committee.

    (a) Notice of meetings. Notice of each meeting of the Regulations 
Committee to be attended by any person outside

[[Page 55]]

the Department will be published in the Federal Register at least two 
weeks before the meeting. The notice will state the time, place, and 
general subject(s) of the meeting, as well as the extent of public 
involvement.
    (b) Public observation and written comment. Each meeting of the 
Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section will be open to the public for observation 
and the submission of written comments.
    (c) Public participation. Except for the mid-summer meetings held in 
Washington, DC, in conjuction with the public hearing on waterfowl and 
other late season frameworks, the public may participate in any meeting 
of the Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section through the submission of oral statements 
that comply with the rules stated in the notice.
    (d) Minutes of meetings. Minutes will be made of each meeting of the 
Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section.



Sec. 20.154  Flyway Councils.

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



Sec. 20.155  Public file.

    (a) Establishment. A public file will be established for each 
rulemaking to which this subpart N is applicable.
    (b) Contents. Except for information exempt from disclosure under 5 
U.S.C. 552, a public file established pursuant to paragraph (a) of this 
section will contain:
    (1) The minutes of Regulations Committee meetings made pursuant to 
paragraph (d) of Sec. 20.153;
    (2) Any written comments and other significant written 
communications which occur after the notice of proposed rulemaking;
    (3) Summaries, identifying the source, of any significant oral 
communications which occure after the notice of proposed rulemaking; and
    (4) Copies of or references to any other significant data or 
information.



PART 21_MIGRATORY BIRD PERMITS--Table of Contents




                         Subpart A_Introduction

Sec.
21.1 Purpose of regulations.
21.2 Scope of regulations.
21.3 Definitions.
21.4 Information collection requirements.

              Subpart B_General Requirements and Exceptions

21.11 General permit requirements.
21.12 General exceptions to permit requirements.
21.13 Permit exceptions for captive-reared mallard ducks.
21.14 Permit exceptions for captive-reared migratory waterfowl other 
          than mallard ducks.
21.15 Authorization of take incidental to military readiness activities.

                  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.
21.31 Rehabilitation permits.

     Subpart D_Control of Depredating and Otherwise Injurious 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.
21.48 Depredation order for double-crested cormorants to protect public 
          resources.

[[Page 56]]

21.49 Control order for resident Canada geese at airports and military 
          airfields.
21.50 Depredation order for resident Canada geese nests and eggs.
21.51 Depredation order for resident Canada geese at agricultural 
          facilities.
21.52 Public health control order for resident Canada geese.

      Subpart E_Control of Overabundant Migratory Bird Populations

21.60 Conservation order for mid-continent light geese.
21.61 Population control of resident Canada geese.

    Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703); 
Public Law 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 106-108, 
113 Stat. 1491, Note Following 16 U.S.C. 703.

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



                         Subpart A_Introduction



Sec. 21.1  Purpose of regulations.

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

[54 FR 38150, Sept. 14, 1989]



Sec. 21.2  Scope of regulations.

    (a) Migratory birds, their parts, nests, or eggs, lawfully acquired 
prior to the effective date of Federal protection under the Migratory 
Bird Treaty Act (16 U.S.C. 703-712) may be possessed or transported 
without a permit, but may not be imported, exported, purchased, sold, 
bartered, or offered for purchase, sale or barter, and all shipments of 
such birds must be marked as provided by part 14 of this subchapter: 
Provide, no exemption from any statute or regulation shall accrue to any 
offspring of such migratory birds.
    (b) This part, except for Sec. 21.12(a), (c), and (d) (general 
permit exceptions); Sec. 21.22 (banding or marking); Sec. 21.29 
(Federal falconry standards); and Sec. 21.31 (rehabilitation), 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; 68 
FR 61137, Oct. 27, 2003]



Sec. 21.3  Definitions.

    In addition to definitions contained in part 10 of this chapter, and 
unless the context requires otherwise, as used in this part:
    Armed Forces means the Army, Navy, Air Force, Marine Corps, Coast 
Guard, and the National Guard of any State.
    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.
    Conservation measures, as used in Sec. 21.15, means project design 
or mitigation activities that are reasonable from a scientific, 
technological, and economic standpoint, and are necessary to avoid, 
minimize, or mitigate the take of migratory birds or other adverse 
impacts. Conservation measures should be implemented in a reasonable 
period of time.
    Falconry means the sport of taking quarry by means of a trained 
raptor.
    Military readiness activity, as defined in Pub. L. 107-314, Sec. 
315(f), 116 Stat. 2458

[[Page 57]]

(Dec. 2, 2002) [Pub. L. Sec. 319 (c)(1)], includes all training and 
operations of the Armed Forces that relate to combat, and the adequate 
and realistic testing of military equipment, vehicles, weapons, and 
sensors for proper operation and suitability for combat use. It does not 
include (a) routine operation of installation operating support 
functions, such as: administrative offices; military exchanges; 
commissaries; water treatment facilities; storage facilities; schools; 
housing; motor pools; laundries; morale, welfare, and recreation 
activities; shops; and mess halls, (b) operation of industrial 
activities, or (c) construction or demolition of facilities listed 
above.
    Population, as used in Sec. 21.15, means a group of distinct, 
coexisting, conspecific individuals, whose breeding site fidelity, 
migration routes, and wintering areas are temporally and spatially 
stable, sufficiently distinct geographically (at some time of the year), 
and adequately described so that the population can be effectively 
monitored to discern changes in its status.
    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 lower 
48 States and the District of Columbia in the months of March, April, 
May, or June, or reside within the lower 48 States and the District of 
Columbia in the months of April, May, June, July, or August.
    Secretary of Defense means the Secretary of Defense or any other 
national defense official who has been nominated by the President and 
confirmed by the Senate.
    Service or we means the U.S. Fish and Wildlife Service, Department 
of the Interior.
    Significant adverse effect on a population, as used in Sec. 21.15, 
means an effect that could, within a reasonable period of time, diminish 
the capacity of a population of migratory bird species to sustain itself 
at a biologically viable level. A population is ``biologically viable'' 
when its ability to maintain its genetic diversity, to reproduce, and to 
function effectively in its native ecosystem is not significantly 
harmed. This effect may be characterized by increased risk to the 
population from actions that cause direct mortality or a reduction in 
fecundity. Assessment of impacts should take into account yearly 
variations and migratory movements of the impacted species. Due to the 
significant variability in potential military readiness activities and 
the species that may be impacted, determinations of significant 
measurable decline will be made on a case-by-case basis.

[48 FR 31607, July 8, 1983, as amended at 64 FR 32774, June 17, 1999; 71 
FR 45986, Aug. 10, 2006; 72 FR 8949, Feb. 28. 2007; 72 FR 46408, Aug. 
20, 2007]



Sec. 21.4  Information collection requirements.

    (a) The Office of Management and Budget approved the information 
collection requirements contained in this part 21 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0022. The Service may not conduct 
or sponsor, and you are not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. We 
are collecting this information to provide information necessary to 
evaluate permit applications. We will use this information to review 
permit applications and make decisions, according to criteria 
established in the Migratory Bird Treaty Act, 16 U.S.C. 703-712 and its 
regulations, on the issuance, suspension, revocation, or denial of 
permits. You must respond to obtain or retain a permit.
    (b) We estimate the public reporting burden for these reporting 
requirements to vary from 15 minutes to 4 hours per response, with an 
average of 0.803 hours per response, including time for reviewing 
instructions, gathering and maintaining data, and completing and 
reviewing the forms. Direct comments regarding the burden estimate or 
any other aspect of these reporting requirements to the Service 
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and 
Wildlife Service, Washington, DC 20240, or the Office of Management and 
Budget, Paperwork Reduction Project (1018-0022), Washington, DC 20603.

[63 FR 52637, Oct. 1, 1998]

[[Page 58]]



              Subpart B_General Requirements and Exceptions



Sec. 21.11  General permit requirements.

    No person may take, possess, import, export, transport, sell, 
purchase, barter, or offer for sale, purchase, or barter, any migratory 
bird, or the parts, nests, or eggs of such bird except as may be 
permitted under the terms of a valid permit issued pursuant to the 
provisions of this part and part 13 of this chapter, or as permitted by 
regulations in this part, or part 20 of this subchapter (the hunting 
regulations), or part 92 of subchapter G of this chapter (the Alaska 
subsistence harvest regulations). Birds taken or possessed under this 
part in ``included areas'' of Alaska as defined in Sec. 92.5(a) are 
subject to this part and not to part 92 of subchapter G of this chapter.

[68 FR 43027, July 21, 2003]



Sec. 21.12  General exceptions to permit requirements.

    The following exceptions to the permit requirement are allowed.
    (a) Employees of the Department of the Interior authorized to 
enforce the provisions of the Migratory Bird Treaty Act of July 3, 1918, 
as amended (40 Stat. 755; 16 U.S.C. 703-711), may, without a permit, 
take or otherwise acquire, hold in custody, transport, and dispose of 
migratory birds or their parts, nests, or eggs as necessary in 
performing their official duties.
    (b) State game departments, municipal game farms or parks, and 
public museums, public zoological parks, accredited institutional 
members of the American Association of Zoological Parks and Aquariums 
(AAZPA) and public scientific or educational institutions may acquire by 
gift or purchase, possess, transport, and by gift or sale dispose of 
lawfully acquired migratory birds or their progeny, parts, nests, or 
eggs without a permit: Provided, That such birds may be acquired only 
from persons authorized by this paragraph or by a permit issued pursuant 
to this part to possess and dispose of such birds, or from Federal or 
State game authorities by the gift of seized, condemned, r sick or 
injured birds. Any such birds, acquired without a permit, and any 
progeny therefrom may be disposed of only to persons authorized by this 
paragraph to acquire such birds without a permit. Any person exercising 
a privilege granted by this paragraph must keep accurate records of such 
operations showing the species and number of birds acquired, possessed, 
and disposed of; the names and addresses of the persons from whom such 
birds were acquired or to whom such birds were donated or sold; and the 
dates of such transactions. Records shall be maintained or reproducible 
in English on a calendar year basis and shall be retained for a period 
of five (5) years following the end of the calendar year covered by the 
records.
    (c) Employees of Federal, State, and local wildlife and land 
management agencies; employees of Federal, State, and local public 
health agencies; and laboratories under contract to such agencies may in 
the course of official business collect, possess, transport, and dispose 
of sick or dead migratory birds or their parts for analysis to confirm 
the presence of infectious disease. Nothing in this paragraph authorizes 
the take of uninjured or healthy birds without prior authorization from 
the Service. Additionally, nothing in this paragraph authorizes the 
taking, collection, or possession of migratory birds when circumstances 
indicate reasonable probability that death, injury, or disability was 
caused by factors other than infectious disease and/or natural toxins. 
These factors may include, but are not limited to, oil or chemical 
contamination, electrocution, shooting, or pesticides. If the cause of 
death of a bird is determined to be other than natural causes or 
disease, Service law enforcement officials must be contacted without 
delay.
    (d) Licensed veterinarians are not required to obtain a Federal 
migratory bird permit to temporarily possess, stabilize, or euthanize 
sick and injured migratory birds. However, a veterinarian without a 
migratory bird rehabilitation permit must transfer any such bird to a 
federally permitted migratory bird rehabilitator within 24 hours after 
the bird's condition is stabilized, unless the bird is euthanized. If a 
veterinarian is unable to locate a permitted rehabilitator within that 
time,

[[Page 59]]

the veterinarian must contact his or her Regional Migratory Bird Permit 
Office for assistance in locating a permitted migratory bird 
rehabilitator and/or to obtain authorization to continue to hold the 
bird. In addition, veterinarians must:
    (1) Notify the local U.S. Fish and Wildlife Service Ecological 
Services Office immediately upon receiving a threatened or endangered 
migratory bird species. Contact information for Ecological Services 
offices can be located on the Internet at http://offices.fws.gov;
    (2) Euthanize migratory birds as required by Sec. 21.31(e)(4)(iii) 
and Sec. 21.31(e)(4)(iv), and dispose of dead migratory birds in 
accordance with Sec. 21.31(e)(4)(vi); and
    (3) Keep records for 5 years of all migratory birds that die while 
in their care, including those they euthanize. The records must include: 
the species of bird, the type of injury, the date of acquisition, the 
date of death, and whether the bird was euthanized.

[39 FR 1178, Jan. 4, 1974, as amended at 50 FR 8638, Mar. 4, 1985; 54 FR 
38151, Sept. 14, 1989; 68 FR 61137, Oct. 27, 2003]



Sec. 21.13  Permit exceptions for captive-reared mallard ducks.

    Captive-reared and properly marked mallard ducks, alive or dead, or 
their eggs may be acquired, possessed, sold, traded, donated, 
transported, and disposed of by any person without a permit, subject to 
the following conditions, restrictions, and requirements:
    (a) Nothing in this section shall be construed to permit the taking 
of live mallard ducks or their eggs from the wild.
    (b) All mallard ducks possessed in captivity, without a permit, 
shall have been physically marked by at least one of the following 
methods prior to 6 weeks of age and all such ducks hatched, reared, and 
retained in captivity thereafter shall be so marked prior to reaching 6 
weeks of age.
    (1) Removal of the hind toe from the right foot.
    (2) Pinioning of a wing: Provided, That this method shall be the 
removal of the metacarpal bones of one wing or a portion of the 
metacarpal bones which renders the bird permanently incapable of flight.
    (3) Banding of one metatarsus with a seamless metal band.
    (4) Tattooing of a readily discernible number or letter or 
combination thereof on the web of one foot.
    (c) When so marked, such live birds may be disposed of to, or 
acquired from, any person and possessed and transferred in any number at 
any time or place: Provided, That all such birds shall be physically 
marked prior to sale or disposal regardless of whether or not they have 
attained 6 weeks of age.
    (d) When so marked, such live birds may be killed, in any number, at 
any time or place, by any means except shooting. Such birds may be 
killed by shooting only in accordance with all applicable hunting 
regulations governing the taking of mallard ducks from the wild: 
Provided, That such birds may be killed by shooting, in any number, at 
any time, within the confines of any premises operated as a shooting 
preserve under State license, permit, or authorization; or they may be 
shot, in any number, at any time or place, by any person for bona fide 
dog training or field trial purposes: Provided further, That the 
provisions:
    (1) The hunting regulations (part 20 of this subchapter), with the 
exception of Sec. 20.108 (Nontoxic shot zones), and
    (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

[[Page 60]]

a State band on leg or wing pursuant to requirements of his State 
license, permit, or authorization. When properly marked, such carcasses 
may be disposed of to, or acquired from, any person and possessed and 
transported in any number at any time or place.

[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 
FR 36798, Sept. 5, 1989]



Sec. 21.14  Permit exceptions for captive-reared migratory waterfowl 

other than mallard ducks.

    Any person may, without a permit, lawfully acquire captive-reared 
and properly marked migratory waterfowl of all species other than 
mallard ducks, alive or dead, or their eggs, and possess and transport 
such birds or eggs and any progeny or eggs therefrom solely for his own 
use subject to the following conditions and restrictions:
    (a) Such birds, alive or dead, or their eggs may be lawfully 
acquired only from holders of valid waterfowl sale and disposal permits, 
unless lawfully acquired outside of the United States, except that 
properly marked carcasses of such birds may also be lawfully acquired as 
provided under paragraph (c) of this section.
    (b) All progeny of such birds or eggs hatched, reared, and retained 
in captivity must be physically marked as defined in Sec. 21.13(b).
    (c) No such birds or eggs or any progeny or eggs thereof may be 
disposed of by any means, alive or dead, to any other person unless a 
waterfowl sale and disposal permit has first been secured authorizing 
such disposal: Provided, That bona fide clubs, hotels, restaurants, 
boarding houses, and dealers in meat and game may serve or sell to their 
customers the carcass of any such birds which they have acquired from 
the holder of a valid waterfowl sale and disposal permit.
    (d) Lawfully possessed and properly marked birds may be killed, in 
any number, at any time or place, by any means except shooting. Such 
birds may be killed by shooting only in accordance with all applicable 
hunting regulations governing the taking of like species from the wild. 
(See part 20 of this subchapter.)
    (e) At all times during possession, transportation, and storage 
until the raw carcasses of such birds are finally processed immediately 
prior to cooking, smoking, or canning, the marked foot or wing must 
remain attached to each carcass, unless such carcasses were marked as 
provided in Sec. 21.25(c)(4) and the foot or wing removed prior to 
acquisition.
    (f) When any such birds, alive or dead, or their eggs are acquired 
from a waterfowl sale and disposal permittee, the permittee shall 
furnish a copy of Form 3-186, Notice of Waterfowl Sale or Transfer, 
indicating all information required by the form and the method or 
methods by which individual birds are marked as required by Sec. 
21.25(c)(2). The buyer shall retain the Form 3-186 on file for the 
duration of his possession of such birds or eggs or progeny or eggs 
thereof.

[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981]



Sec. 21.15  Authorization of take incidental to military readiness 

activities.

    (a) Take authorization and monitoring. (1) Except to the extent 
authorization is withdrawn or suspended pursuant to paragraph (b) of 
this section, the Armed Forces may take migratory birds incidental to 
military readiness activities provided that, for those ongoing or 
proposed activities that the Armed Forces determine may result in a 
significant adverse effect on a population of a migratory bird species, 
the Armed Forces must confer and cooperate with the Service to develop 
and implement appropriate conservation measures to minimize or mitigate 
such significant adverse effects.
    (2) When conservation measures implemented under paragraph (a)(1) of 
this section require monitoring, the Armed Forces must retain records of 
any monitoring data for five years from the date the Armed Forces 
commence their action. During Integrated Natural Resource Management 
Plan reviews, the Armed Forces will also report to the Service migratory 
bird conservation measures implemented and the effectiveness of the 
conservation measures in avoiding, minimizing, or mitigating take of 
migratory birds.

[[Page 61]]

    (b) Suspension or Withdrawal of take authorization. (1) If the 
Secretary determines, after seeking the views of the Secretary of 
Defense and consulting with the Secretary of State, that incidental take 
of migratory birds during a specific military readiness activity likely 
would not be compatible with one or more of the migratory bird treaties, 
the Secretary will suspend authorization of the take associated with 
that activity.
    (2) The Secretary may propose to withdraw, and may withdraw in 
accordance with the procedures provided in paragraph (b)(4) of this 
section the authorization for any take incidental to a specific military 
readiness activity if the Secretary determines that a proposed military 
readiness activity is likely to result in a significant adverse effect 
on the population of a migratory bird species and one or more of the 
following circumstances exists:
    (i) The Armed Forces have not implemented conservation measures 
that:
    (A) Are directly related to protecting the migratory bird species 
affected by the proposed military readiness activity;
    (B) Would significantly reduce take of the migratory bird species 
affected by the military readiness activity;
    (C) Are economically feasible; and
    (D) Do not limit the effectiveness of the military readiness 
activity;
    (ii) The Armed Forces fail to conduct mutually agreed upon 
monitoring to determine the effects of a military readiness activity on 
migratory bird species and/or the efficacy of the conservation measures 
implemented by the Armed Forces; or
    (iii) The Armed Forces have not provided reasonably available 
information that the Secretary has determined is necessary to evaluate 
whether withdrawal of take authorization for the specific military 
readiness activity is appropriate.
    (3) When the Secretary proposes to withdraw authorization with 
respect to a specific military readiness activity, the Secretary will 
first provide written notice to the Secretary of Defense. Any such 
notice will include the basis for the Secretary's determination that 
withdrawal is warranted in accordance with the criteria contained in 
paragraph (b)(2) of this section, and will identify any conservation 
measures or other measures that would, if implemented by the Armed 
Forces, permit the Secretary to cancel the proposed withdrawal of 
authorization.
    (4) Within 15 days of receipt of the notice specified in paragraph 
(b)(3) of this section, the Secretary of Defense may notify the 
Secretary in writing of the Armed Forces' objections, if any, to the 
proposed withdrawal, specifying the reasons therefore. The Secretary 
will give due consideration to any objections raised by the Armed 
Forces. If the Secretary continues to believe that withdrawal is 
appropriate, he or she will provide written notice to the Secretary of 
Defense of the rationale for withdrawal and response to any objections 
to the withdrawal. If objections to the withdrawal remain, the 
withdrawal will not become effective until the Secretary of Defense has 
had the opportunity to meet with the Secretary within 30 days of the 
original notice from the Secretary proposing withdrawal. A final 
determination regarding whether authorization will be withdrawn will 
occur within 45 days of the original notice.
    (5) Any authorized take incidental to a military readiness activity 
subject to a proposed withdrawal of authorization will continue to be 
authorized by this regulation until the Secretary makes a final 
determination on the withdrawal.
    (6) The Secretary may, at his or her discretion, cancel a suspension 
or withdrawal of authorization at any time. A suspension may be 
cancelled in the event new information is provided that the proposed 
activity would be compatible with the migratory bird treaties. A 
proposed withdrawal may be cancelled if the Armed Forces modify the 
proposed activity to alleviate significant adverse effects on the 
population of a migratory bird species or the circumstances in 
paragraphs (b)(2)(i) through (iii) of this section no longer exist. 
Cancellation of suspension or withdrawal of authorization becomes 
effective upon delivery of written notice from the Secretary to the 
Department of Defense.
    (7) The responsibilities of the Secretary under paragraph (b) of 
this section may be fulfilled by his/her

[[Page 62]]

delegatee who must be an official nominated by the President and 
confirmed by the Senate.

[72 FR 8949, Feb. 28, 2007]



                  Subpart C_Specific Permit Provisions



Sec. 21.21  Import and export permits.

    (a) Permit requirement. (1) Except for migratory game birds imported 
in accordance with the provisions of subpart G of part 20 of this 
subchapter B, an import permit is required before any migratory birds, 
their parts, nests, or eggs may be imported.
    (2) An export permit is required before any migratory birds, their 
parts, nests, or eggs may be exported: Provided, that captive-reared 
migratory game birds that are marked in compliance with the provisions 
of Sec. 21.13(b) may be exported to Canada or Mexico without a permit. 
Provided further, that raptors lawfully possessed under a falconry 
permit issued pursuant to Sec. 21.28 of this part may be exported to or 
imported from Canada or Mexico without a permit for the purposes of 
attending bona fide falconry meets, as long as the person importing or 
exporting the birds returns the same bird(s) to the country of export 
following any such meet. Nothing in this paragraph, however, exempts any 
person from the permit requirements of parts 17, 22, and 23 of this 
subchapter.
    (b) Application procedures. Applications for permits to import or 
export migratory birds shall be submitted to the appropriate issuing 
office (see Sec. Sec. 10.22 and 13.11(b) of this subchapter). Each such 
application must contain the general information and certification 
required by Sec. 13.12(a)(5) of this subchapter plus the following 
additional information:
    (1) Whether importation or exportation is requested;
    (2) The species and numbers of migratory birds or their parts, 
nests, or eggs to be imported or exported;
    (3) The name and address of the person from whom such birds are 
being imported or to whom they are being exported;
    (4) The purpose of the importation or exportation;
    (5) The estimated date of arrival or departure of the shipment(s), 
and the port of entry or exit through which the shipment will be 
imported or exported; and
    (6) Federal and State permit numbers and type of permits authorizing 
possession, acquisition, or disposition of such birds, their parts, 
nests, or eggs where such a permit is required.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, import and export 
permits shall be subject to any requirements set forth in the permit.
    (d) Term of permit. An import or export permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[54 FR 38151, Sept. 14, 1989]



Sec. 21.22  Banding or marking permits.

    (a) Permit requirement. A banding or marking permit is required 
before any person may capture migratory birds for banding or marking 
purposes or use official bands issued by the Service for banding or 
marking any migratory bird.
    (b) Application procedures. Applications for banding or marking 
permits shall be submitted by letter of application addressed to the 
Bird Banding Laboratory, Office of Migratory Bird Management, U.S. Fish 
and Wildlife Service, Laurel, Maryland 20708. Each such application 
shall contain the general information and certification set forth by 
Sec. 13.12(a) of this subchapter plus the following additional 
information:
    (1) Species and numbers proposed to be banded or marked;
    (2) Purpose of banding or marking;
    (3) State or States in which authorization is requested; and
    (4) Name and address of the public, scientific, or educational 
institution to which any specimens will be donated that are salvaged 
pursuant to paragraphs (c) (3) and (4) of this section.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B,

[[Page 63]]

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]



Sec. 21.23  Scientific collecting permits.

    (a) Permit requirement. A scientific collecting permit is required 
before any person may take, transport, or possess migratory birds, their 
parts, nests, or eggs for scientific research or educational purposes.
    (b) Application procedures. Submit applications for scientific 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) Species and numbers of migratory birds or their parts, nests, or 
eggs to be taken or acquired when it is possible to determine same in 
advance;
    (2) Location or locations where such scientific collecting is 
proposed;
    (3) Statement of the purpose and justification for granting such a 
permit, including an outline of any research project involved;
    (4) Name and address of the public, scientific, or educational 
institution to which all specimens ultimately will be donated; and
    (5) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, scientific 
collecting permits shall be subject to the following conditions:
    (1) All specimens taken and possessed under authority of a 
scientific collecting permit must be donated and transferred to the 
public scientific, or educational institution designated in the permit 
application within 60 days following the date such permit expires or is 
revoked, unless the permittee has been issued a special purpose permit 
(See Sec. 21.27) authorizing possession for a longer period of time.
    (2) Unless otherwise provided on the permit, all migratory game 
birds taken pursuant to a scientific collecting permit during the open 
hunting season for such birds must be in conformance with part 20 of 
this subchapter;

[[Page 64]]

    (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]



Sec. 21.24  Taxidermist permits.

    (a) Permit requirement. A taxidermist permit is required before any 
person may perform taxidermy services on migratory birds or their parts, 
nests, or eggs for any person other than himself.
    (b) Application procedures. Submit application for taxidermist 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) The address of premises where taxidermist services will be 
provided;
    (2) A statement of the applicant's qualifications and experience as 
a taxidermist; and
    (3) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Permit authorizations. A permit authorizes a taxidermist to:
    (1) Receive, transport, hold in custody or possession, mount or 
otherwise prepare, migratory birds, and their parts, nests, or eggs, and 
return them to another.
    (2) Sell properly marked, captive reared migratory waterfowl which 
he has lawfully acquired and mounted. Such mounted birds may be placed 
on consignment for sale and may be possessed by such consignee for the 
purpose of sale.
    (d) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, taxidermist 
permits shall be subject to the following conditions:
    (1) Permittees must keep accurate records of operations, on a 
calendar year basis, showing the names and addresses of persons from and 
to whom migratory birds or their parts, nests, or eggs were received or 
delivered, the number and species of such, and the dates of receipt and 
delivery. In addition to the other records required by this paragraph, 
the permittee must maintain in his files, the original of the completed 
Form 3-186, Notice of Waterfowl Sale or Transfer, confirming his 
acquisition of captive reared, properly marked migratory waterfowl from 
the holder of a current waterfowl sale and disposal permit.
    (2) Notwithstanding the provisions of paragraph (c) of this section, 
the receipt, possession, and storage by a taxidermist of any migratory 
game birds taken by another by hunting is not authorized unless they are 
tagged as required by Sec. 20.36 of this subchapter. The required tags 
may be removed during the taxidermy operations but must be retained by 
the taxidermist with the other records required to be kept and must be 
reattached to the mounted specimen after mounting. The tag must then 
remain attached until the mounted specimen is delivered to the owner.
    (e) Term of permit. A taxidermist permit issued or renewed under 
this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit will not exceed 
five (5) 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; 70 FR 18320, Apr. 11, 2005]



Sec. 21.25  Waterfowl sale and disposal permits.

    (a) Permit requirement. A waterfowl sale and disposal permit is 
required before any person may lawfully sell, trade, donate, or 
otherwise dispose of,

[[Page 65]]

to another person, any species of captive-reared and properly marked 
migratory waterfowl or their eggs, except that such a permit is not 
required for such sales or disposals of captive-reared and properly 
marked mallard ducks or their eggs.
    (b) Application procedures. Submit application for waterfowl sale 
and disposal permits to the appropriate Regional Director (Attention: 
Migratory bird permit office). You can find addresses for the Regional 
Directors in 50 CFR 2.2. Each application must contain the general 
information and certification required in Sec. 13.12(a) of this 
subchapter, and the following additional information:
    (1) A description of the area where waterfowl are to be kept;
    (2) Species and numbers of waterfowl now in possession and a 
statement showing from whom these were obtained;
    (3) A statement indicating the method by which individual birds are 
marked as required by the provisions of this part 21; and
    (4) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, waterfowl sale and 
disposal permits shall be subject to the following conditions:
    (1) Permittees may not take migratory waterfowl or their eggs from 
the wild, and may not acquire such birds or their eggs from any person 
not authorized by a valid permit issued pursuant to this part to dispose 
of such birds or their eggs.
    (2) All live migratory waterfowl possessed in captivity under 
authority of a valid waterfowl sale and disposal permit shall have been, 
prior to 6 weeks of age, physically marked as defined in Sec. 21.13(b). 
All offspring of such birds hatched, reared, and retained in captivity 
shall be so marked prior to attaining 6 weeks of age. The preceding does 
not apply to captive adult geese, swans, and brant which were marked 
previous to March 1, 1967, by a ``V'' notch in the web of one foot, nor 
to such birds held in captivity at public zoological parks, and public 
scientific or educational institutions.
    (3) Such properly marked birds may be killed, in any number, at any 
time or place, by any means except shooting. Such birds may be killed by 
shooting only in accordance with all the applicable hunting regulations 
governing the taking of like species from the wild.
    (4) At all times during possession, transportation, and storage 
until the raw carcasses of such birds are finally processed immediately 
prior to cooking, smoking, or canning, the marked foot or wing must 
remain attached to each carcass: Provided, That permittees who are also 
authorized to sell game under a State license, permit or authorization 
may remove the marked foot or wing from the raw carcasses if the number 
of his State license, permit, or authorization has first been legibly 
stamped in ink on the back of each carcass and on the wrapping or 
container in which each carcass is maintained, or each carcass is 
identified by a State band on leg or wing pursuant to requirements of 
his State license, permit, or authorization.
    (5) Such properly marked birds, alive or dead, or their eggs may be 
disposed of in any number, at any time or place, to any person: 
Provided, That all such birds shall be physically marked prior to sale 
or disposal regardless of whether or not they have attained 6 weeks of 
age: And provided further, That on each date that any such birds or 
their eggs, are transferred to another person, the permittee must 
complete a Form 3-186, Notice of Waterfowl Sale or Transfer, indicating 
all information required by the form and the method or methods by which 
individual birds are marked as required by Sec. 21.25(c)(2). (Service 
will provide supplies of form.) The permittee will furnish the original 
of completed Form 3-186 to the person acquiring the birds or eggs; 
retain one copy in his files as a record of his operations: attach one 
copy to the shipping container for the birds or eggs, or include the 
copy in shipping documents which accompany the shipment; and, on or 
before the last day of each month, mail two copies of each form

[[Page 66]]

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 will 
not exceed five (5) 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; 70 FR 18320, Apr. 11, 2005]



Sec. 21.26  Special Canada goose permit.

    (a) What is the special Canada goose permit and what is its purpose? 
The special Canada goose permit is a permit issued by us to a State 
wildlife agency authorizing certain resident Canada goose management and 
control activities that are normally prohibited. We will only issue such 
a permit when it will contribute to human health and safety, protect 
personal property, or allow resolution or prevention of injury to people 
or property. The management and control activities conducted under the 
permit are intended to relieve or prevent injurious situations only. No 
person should construe the permit as opening, reopening, or extending 
any hunting season contrary to any regulations established under Section 
3 of the Migratory Bird Treaty Act.
    (b) Who may receive a permit? Only State wildlife agencies (State) 
are eligible to receive a permit to undertake the various goose 
management and control activities. Additionally, only employees or 
designated agents of a permitted State wildlife agency may undertake 
activities for injurious resident Canada geese in accordance with the 
conditions specified in the permit, conditions contained in 50 CFR part 
13, and conditions specified in paragraph (d) of this section.
    (c) How does a State apply for a permit? Any State wildlife agency 
wishing to obtain a permit must submit an application to the appropriate 
Regional Director (see Sec. 13.11(b) of this subchapter) containing the 
general information and certification required by Sec. 13.12(a) of this 
subchapter plus the following information:
    (1) A detailed statement showing that the goose management and 
control activities will either provide for human health and safety, 
protect personal property, or allow resolution of other injury to people 
or property;
    (2) An estimate of the size of the resident Canada goose breeding 
population in the State;
    (3) The requested annual take of resident Canada geese, including 
eggs and nests;
    (4) A statement indicating that the State will inform and brief all 
employees and designated agents of the requirements of these regulations 
and permit conditions.
    (d) What are the conditions of the permit? The special Canada goose 
permits are subject to the general conditions in 50 CFR part 13, the 
conditions elsewhere in this section, and, unless otherwise specifically 
authorized on the permit, the conditions outlined below:
    (1) What are the limitations on management and control activities? 
(i) Take of resident Canada geese as a management tool under this 
section may not exceed the number authorized by the permit. States 
should utilize non-lethal goose management tools to the extent they deem 
appropriate in an effort to minimize lethal take.
    (ii) Methods of take for the control of injurious resident Canada 
geese are at the State's discretion. Methods include, but are not 
limited to, firearms, alpha-chloralose, traps, egg and nest manipulation 
and other damage control techniques consistent with accepted wildlife 
damage-management programs.
    (2) When may a State conduct management and control activities? 
States and their employees and agents may conduct management and control 
activities, including the take of resident

[[Page 67]]

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 Sec. 10.22 of 
this subchapter).
    (7) What are the limitations of the special permit? The following 
limitations apply:
    (i) Nothing in this section applies to any Federal land within a 
State's boundaries without written permission of the Federal Agency with 
jurisdiction.
    (ii) States may not undertake any actions under any permit issued 
under this section if the activities adversely affect other migratory 
birds or species designated as endangered or threatened under the 
authority of the Endangered Species Act.
    (iii) We will only issue permits to State wildlife agencies in the 
conterminous United States.
    (iv) States may designate agents who must operate under the 
conditions of the permit.
    (v) How long is the special permit valid? A special Canada goose 
permit issued or renewed under this section expires on the date 
designated on the face of the permit unless it is amended or revoked or 
such time that we determine that the State's population of resident 
Canada geese no longer poses a threat to human health or safety, 
personal property, or injury to other interests. In all cases, the term 
of the permit may not exceed five (5) years from the date of issuance or 
renewal.

[[Page 68]]

    (vi) Can we revoke the special permit? We reserve the right to 
suspend or revoke any permit, as specified in Sec. Sec. 13.27 and 13.28 
of this subchapter.
    (e) What are the OMB information collection requirements of the 
permit program? OMB has approved the information collection requirements 
of the permit and assigned clearance number 1018-0099. Federal agencies 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number. We will use the information collection requirements to 
administer this program and in the issuance and monitoring of these 
special permits. We will require the information from State wildlife 
agencies responsible for migratory bird management in order to obtain a 
special Canada goose permit, and to determine if the applicant meets all 
the permit issuance criteria, and to protect migratory birds. We 
estimate the public reporting burden for this collection of information 
to average 8 hours per response for 45 respondents (States), including 
the time for reviewing instructions, gathering and maintaining data 
needed, and completing and reviewing the collection of information. 
Thus, we estimate the total annual reporting and record-keeping for this 
collection to be 360 hours. States may send comments regarding this 
burden estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to the Service 
Information Collection Clearance Officer, Fish and Wildlife Service, ms 
224-ARLSQ, 1849 C Street N.W., Washington, DC 20240, or the Office of 
Management and Budget, Paperwork Reduction Project 1018-0099, 
Washington, DC 20503.

[64 FR 32774, June 17, 1999]



Sec. 21.27  Special purpose permits.

    Permits may be issued for special purpose activities related to 
migratory birds, their parts, nests, or eggs, which are otherwise 
outside the scope of the standard form permits of this part. A special 
purpose permit for migratory bird related activities not otherwise 
provided for in this part may be issued to an applicant who submits a 
written application containing the general information and certification 
required by part 13 and makes a sufficient showing of benefit to the 
migratory bird resource, important research reasons, reasons of human 
concern for individual birds, or other compelling justification.
    (a) Permit requirement. A special purpose permit is required before 
any person may lawfully take, salvage, otherwise acquire, transport, or 
possess migratory birds, their parts, nests, or eggs for any purpose not 
covered by the standard form permits of this part. In addition, a 
special purpose permit is required before any person may sell, purchase, 
or barter captive-bred, migratory game birds, other than waterfowl, that 
are marked in compliance with Sec. 21.13(b) of this part.
    (b) Application procedures. Submit application for special purpose 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) A detailed statement describing the project or activity which 
requires issuance of a permit, purpose of such project or activity, and 
a delineation of the area in which it will be conducted. (Copies of 
supporting documents, research proposals, and any necessary State 
permits should accompany the application);
    (2) Numbers and species of migratory birds involved where same can 
reasonably be determined in advance; and
    (3) Statement of disposition which will be made of migratory birds 
involved in the permit activity.
    (c) Additional permit conditions. Inaddition to the general 
conditions set forth in part 13 of this subchapter B, special purpose 
permits shall be subject to the following conditions:
    (1) Permittees shall maintain adequate records describing the 
conduct of the permitted activity, the numbers and species of migratory 
birds acquired and disposed of under the permit, and inventorying and 
identifying all migratory birds held on December 31 of each

[[Page 69]]

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 Sec. 21.13(b) of this part.
    (4) No captive-bred migratory game bird may be sold or bartered 
unless marked in accordance with Sec. 21.13(b) of this part.
    (5) No permittee may take, purchase, receive or otherwise acquire, 
sell, barter, transfer, or otherwise dispose of any captive-bred 
migratory game bird unless such permittee submits a Service form 3-186A 
(Migratory Bird Acquisition/Disposition Report), completed in accordance 
with the instructions on the form, to the issuing office within five (5) 
days of such transaction.
    (6) No permittee, who is authorized to sell or barter migratory game 
birds pursuant to a permit issued under this section, may sell or barter 
such birds to any person unless that person is authorized to purchase 
and possess such migratory game birds under a permit issued pursuant to 
this part and part 13, or as permitted by regulations in this part.
    (d) Term of permit. A special purpose permit issued or renewed under 
this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989; 63 
FR 52637, Oct. 1, 1998]



Sec. 21.28  Falconry permits.

    (a) Permit requirements. A falconry permit is required before any 
person may take, possess, transport, sell, purchase, barter, offer to 
sell, purchase, or barter raptors for falconry purposes.
    (b) Application procedures. (1) An applicant who wishes to practice 
falconry in a State listed in Sec. 21.29(k) of this part and which has 
been designated as a participant in a cooperative Federal/State permit 
application program may submit an application for a falconry permit to 
the appropriate agency of that State. Each such application must 
incorporate a completed official form approved by the Service and must 
include in addition to the general information required by part 13 of 
this subchapter all of the following:
    (i) The number of raptors the applicant possesses at the time the 
application is submitted, including the species, age (if known), sex (if 
known), date of acquisition, and source of each;
    (ii) A check or money order made payable to ``U.S. Fish and Wildlife 
Service'' in the amount of the application fee listed in Sec. 13.11(d) 
of this subchapter.
    (iii) An original, signed certification concerning the validity of 
the information provided in the application in the form set forth in 
Sec. 13.12(a)(5).
    (iv) Any additional information requested by the State to which the 
application is submitted.
    (2) Upon receipt of a joint application by a State listed in Sec. 
21.29(k) as a participant in a cooperative Federal/State permit 
application program, the State will process the application for a State 
falconry permit in accordance with its own procedures. A copy of the 
application, the check or money order for Federal permit fees, and the 
original, signed certification required by paragraph (b)(1)(iii) of this 
section will be forwarded to the issuing office of the Service 
designated by Sec. 13.11(b) of this subchapter. If the State decides to 
issue a falconry permit based upon the application, a copy of the permit 
will

[[Page 70]]

also be forwarded to the appropriate issuing office of the Service.
    (3) An applicant who wishes to practice falconry in a State listed 
in Sec. 21.29(k) of this subchapter, but which does not participate in 
a cooperative Federal/State permit application program must submit a 
written application for a falconry permit to the issuing office 
designated by Sec. 13.11(b) of this subchapter. Each application must 
contain the general information and certification required by Sec. 
13.12(a) of this subchapter plus a copy of a valid State falconry permit 
issued to the applicant by a State listed in Sec. 21.19(k) of this 
subchapter.
    (c) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (b) of this section that meets all 
requirements of this part, the Director will issue a permit. In addition 
to meeting the general criteria in Sec. 13.21(b), the applicant must 
have a valid State falconry permit issued by a State listed in Sec. 
21.29(k) of this subchapter.
    (d) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to the following special conditions:
    (1) A permittee may not take, transport, or possess a golden eagle 
(Aquila chrysaetos) unless authorized in writing under Sec. 22.24 of 
this subchapter.
    (2) A permit issued under this section is not valid unless the 
permittee has a valid State falconry permit issued by a State listed in 
Sec. 21.29(k) of this subchapter.
    (3) A permittee may not take, possess, transport, sell, purchase, 
barter, or transfer any raptor for falconry purposes except under 
authority of a Federal falconry permit issued under this section and in 
compliance with the Federal falconry standards set forth in Sec. 21.29 
of this subchapter.
    (4) No permittee may take, purchase, receive, or otherwise acquire, 
sell, barter, transfer, or otherwise dispose of any raptor unless such 
permittee submits a form 3-186A (Migratory Bird Acquisition/Disposition 
Report), completed in accordance with the instructions on the form, to 
the issuing office within five (5) calendar days of any such 
transaction.
    (5) No raptor may be possessed under authority of a falconry permit 
unless the permittee has a properly completed form 3-186A (Migratory 
Bird Acquisition/Disposition Report) for each bird possessed, except as 
provided in paragraph (d)(4) of this section.
    (6) A raptor possessed under authority of a falconry permit may be 
temporarily held by a person other than the permittee for maintenance 
and care for a period not to exceed thirty (30) days. The raptor must be 
accompanied at all times by a properly completed form 3-186A (Migratory 
Bird Acquisition/Disposition Report) designating the person caring for 
the raptor as the possessor of record and by a signed, dated statement 
from the permittee authorizing the temporary possession.
    (7) A permittee may not take, possess, or transport any peregrine 
falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk 
(Parabuteo unicinctus) unless such bird is banded either by a seamless 
numbered band provided by the Service or by a permanent, non-reusable 
band provided by the Service.
    (i) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco 
rusticolus), or Harris hawk (Parabuteo unicinctus) taken from the wild 
must be reported to the issuing office within five (5) days of taking 
and must be banded with a permanent, non-reusable band provided by the 
Service. No raptor removed from the wild may be banded with a seamless 
numbered band.
    (ii) The loss or removal of any band must be reported to the issuing 
office within five (5) working days of the loss. The lost band must be 
replaced by a permanent, non-reusable band supplied by the Service. A 
form 3-186A (Migratory Bird Acquisition/Disposition Report) must be 
filed in accordance with paragraph (d)(4) of this section reporting the 
loss of the band and rebanding.
    (8) A permittee may not sell, purchase, barter, or offer to sell, 
purchase or barter any raptor unless the raptor is marked on the 
metatarsus by a seamless, numbered band supplied by the Service.
    (9) A permittee may not propagate raptors without prior acquisition 
of a valid raptor propagation permit issued under section 21.30 of this 
subchapter.

[[Page 71]]

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

[54 FR 38152, Sept. 14, 1989]



Sec. 21.29  Federal falconry standards.

    (a) Before you can practice falconry in any State. You cannot take, 
possess, transport, sell, purchase, barter, or offer to sell, purchase, 
or barter any raptor for falconry purposes, in any State unless the 
State allows the practice of falconry, and the State has submitted 
copies of its laws and regulations governing the practice of falconry to 
us (Director), and we have determined that they meet or exceed the 
Federal falconry standards established 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

[[Page 72]]

obtain more than two raptors taken from the wild for replacement birds 
during any 12-month period;
    (iii) A permittee may not take any species listed as endangered in 
part 17 of this chapter, but may transport or possess such species in 
accordance with part 17 of this chapter.
    (iv) A permittee may not take, transport, or possess any golden 
eagle for falconry purposes unless authorized in writing under Sec. 
22.24 of this subchapter;
    (v) A permittee may not take, in any twelve (12) month period, as 
part of the three-bird limitation, more than one raptor listed as 
threatened in part 17 of this chapter, and then only in accordance with 
part 17 of this chapter.
    (f) Examination. State laws or regulations shall provide that before 
any State falconry permit is issued the applicant shall be required to 
answer correctly at least 80 percent of the questions on a supervised 
examination provided or approved by the Service and administered by the 
State, relating to basic biology, care, and handling of raptors, 
literature, laws, regulations or other appropriate subject matter.
    (g) Facilities and equipment. Statelaws or regulations shall provide 
that before a State falconry permit is issued the applicant's raptor 
housing facilities and falconry equipment shall be inspected and 
certified by a representative of the State wildlife department as 
meeting the following standards:
    (1) Facilities. The primary consideration for raptor housing 
facilities whether indoors (mews) or outdoors (weathering area) is 
protection from the environment, predators, or undue disturbance. The 
applicant shall have the following facilities, except that depending 
upon climatic conditions, the issuing authority may require only one of 
the facilities described below.
    (i) Indoor facilities (mews) shall be large enough to allow easy 
access for caring for the raptors housed in the facility. If more than 
one raptor is to be kept in the mews, the raptors shall be tethered or 
separated by partitions and the area for each bird shall be large enough 
to allow the bird to fully extend its wings. There shall be at least one 
window, protected on the inside by vertical bars, spaced narrower than 
the width of the bird's body, and a secure door that can be easily 
closed. The floor of the mews shall permit easy cleaning and shall be 
well drained. Adequate perches shall be provided.
    (ii) Outdoor facilities (weathering area) shall be fenced and 
covered with netting or wire, or roofed to protect the birds from 
disturbance and attack by predators except that perches more than 6\1/2\ 
feet high need not be covered or roofed. The enclosed area shall be 
large enough to insure the birds cannot strike the fence when flying 
from the perch. Protection from excessive sun, wind, and inclement 
weather shall be provided for each bird. Adequate perches shall be 
provided.
    (2) Equipment. The following items shall be in the possession of the 
applicant before he can obtain a permit or license:
    (i) Jesses--At least 1 pair of Alymeri jesses or similar type 
constructed of pliable, high-quality leather or suitable synthetic 
material to be used when any raptor is flown free. (Traditional 1-piece 
jesses may be used on raptors when not being flown.);
    (ii) Leashes and swivels--At least 1 flexible, weather-resistant 
leash and 1 strong swivel of acceptable falconry design;
    (iii) Bath container--At least 1 suitable container, 2 to 6 inches 
deep and wider than the length of the raptor, for drinking and bathing 
for each raptor;
    (iv) Outdoor perches--At least 1 weathering area perch of an 
acceptable design shall be provided for each raptor; and
    (v) Weighing device--A reliable scale or balance suitable for 
weighing the raptor(s) held and graduated to increments of not more than 
\1/2\ ounce (15 gram) shall be provided.
    (3) Maintenance. All facilities and equipment shall be kept at or 
above the preceding standards at all times.
    (4) Transportation; temporary holding. A raptor may be transported 
or held in temporary facilities which shall be provided with an adequate 
perch and protected from extreme temperatures and excessive disturbance, 
for a period not to exceed 30 days.
    (h) Marking. All peregrine falcons (Falco peregrinus), gyrfalcon 
(Falco rusticolus), and Harris hawk (Parabuteo

[[Page 73]]

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

[[Page 74]]

participants in a cooperative Federal/State permit system are designated 
by an asterisk (*).

*Alabama, *Alaska, Arizona, *Arkansas, *California, *Colorado, 
Connecticut, *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; 70 FR 
34698, June 15, 2005]



Sec. 21.30  Raptor propagation permits.

    (a) Permit requirement. A raptor propagation permit is required 
before any person may take, possess, transport, import, purchase, 
barter, or offer to sell, purchase, or barter any raptor, raptor egg, or 
raptor semen for propagation purposes.
    (b) Application procedures. Submit application for raptor 
propagation permits to the appropriate Regional Director (Attention: 
Migratory bird permit office). You can find addresses for the Regional 
Directors in 50 CFR 2.2. Each application must contain the general 
information and certification required in Sec. 13.12(a) of this 
subchapter, and the following additional information:
    (1) A statement indicating the purpose(s) for which a raptor 
propagation permit is sought and, where applicable, the scientific or 
educational objectives of the applicant;
    (2) A statement indicating whether the applicant has been issued a 
State permit authorizing raptor propagation (include name of State, 
permit number, and expiration date);
    (3) A statement fully describing the nature and extent of the 
applicant's experience with raptor propagation or handling raptors;
    (4) A description of each raptor the applicant possesses or will 
acquire for propagation purposes to include the species, age (if known), 
sex (if known), date of acquisition, source, and raptor marker number;
    (5) A description of each raptor the applicant possesses for 
purposes other than raptor propagation to include the species, age (if 
known), sex (if known), date of acquisition, source, raptor marker 
number, and purpose for which it is possessed;
    (6) A description and photographs of the facilities and equipment to 
be used by the applicant including the dimensions of any structures 
intended for housing the birds;
    (7) A statement indicating whether the applicant requests authority 
to take raptors or raptor eggs from the wild.
    (c) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (b) of this section, the Director will decide 
whether a permit should be issued. In making this decision, the Director 
shall consider, in addition to the general criteria in Sec. 13.21(b) of 
this chapter, the following factors:
    (1) Whether an applicant's raptor propagation facilities are 
adequate for the number and species of raptors to be held under the 
permit.
    (2) Whether propagation is authorized by the State in which the 
propagation will occur, and if authorized, whether the applicant has any 
required State propagation permit.
    (3) Whether the applicant is at least 18 years old with a minimum of 
2 years experience handling raptors, and if the applicant requests 
authority to propagate endangered or threatened species, whether the 
applicant is at least 23 years old with a minimum of 7 years experience 
handling raptors.
    (4) If the applicant requests authority to take raptors or raptor 
eggs from the wild:
    (i) Whether issuance of the permit would have a significant effect 
on any wild population of raptors;
    (ii) Whether suitable captive stock is available; and
    (iii) Whether wild stock is needed to enhance the genetic 
variability of captive stock.

[[Page 75]]

    (d) Additional permit conditions. In addition to the general 
conditions found in part 13 of this chapter, raptor propagation permits 
are subject to the following additional conditions:
    (1) Facilities. Any tethered raptor possessed under this permit must 
be maintained in accordance with the Federal falconry standards for 
``facilities and equipment'' described in Sec. 21.29(g), unless a 
specific exception in writing is obtained. For untethered raptors, the 
breeding facilities must be soundly constructed and entirely enclosed 
with wood, wire netting, or other suitable material which provides a 
safe, health, environment. The design of such facilities and ancillary 
equipment must:
    (i) Minimize the risk of injury by providing protection from 
predators, disturbances that would likely cause harm, extreme weather 
conditions, and collision with interior or perimeter construction 
materials and equipment such as support poles, windows, wire netting, 
perches, or lights;
    (ii) Enhance sanitation by providing a well-drained floor, fresh air 
ventilation, source of light, fresh water for bathing and drinking, 
access for cleaning, and interior construction materials suitable for 
thorough cleaning or disinfection; and
    (iii) Enhance the welfare and breeding success of the raptors by 
providing suitable perches, nesting and feeding sites, and observation 
ports or inspection windows during times when disturbance is felt to be 
undesirable.
    (2) Incubation of eggs. Each permittee must notify the Director in 
writing within 5 days from the day the first egg is laid by any raptor 
held under a raptor propagation permit, but notice is not required more 
often than once every 60 days.
    (3) Marking requirement. Unless otherwise specifically exempted, 
every raptor possessed for propagation, including all progeny produced 
pursuant to the permitted activity, must be banded in accordance with 
the following provisions:
    (i) Except for captive-bred raptors lawfully marked with a seamless, 
numbered band provided by the Service, any raptor possessed for 
propagation purposes shall be banded with a permanent, non-reusable, 
numbered band issued by the Service.
    (ii) Unless specifically exempted by the conditions of the raptor 
propagation permit, each captive-bred raptor produced under authority of 
a raptor propagation permit shall be banded within two (2) weeks of 
hatching with a numbered, seamless band provided by the Service, placed 
on the raptor's leg (metatarsus). In marking captive-bred raptors, 
permittees:
    (A) Shall use a band with an opening (inside diameter) which is 
small enough to prevent its removal when the raptor is fully grown 
without causing serious injury to the raptor or damaging the bands 
integrity or one-piece construction;
    (B) May band a raptor with more than one size band when the 
potential diameter of the raptor's leg at maturity cannot be determined 
at the time of banding;
    (C) Shall remove all but one band from any raptor with more than one 
band before the raptor is five (5) weeks of age and return all bands 
removed to the issuing office.
    (iii) No raptor taken from the wild, produced from an egg taken from 
the wild, or produced from an egg from any source other than bred in 
captivity under authority of a raptor propagation permit may be banded 
with a numbered seamless band issued by the Service.
    (iv) No permittee under this section may band any raptor with any 
band issued or authorized by the Service unless that raptor is lawfully 
possessed by the permittee.
    (4) Taking Raptors or Raptor Eggs from the Wild. Any permit 
authorizing the permittee to take raptors or raptor eggs from the wild 
for propagation purposes is subject to the following additional 
restrictions:
    (i) The State or foreign country in which the raptors or raptor eggs 
are taken must authorize the permittee in writing to take raptors or 
raptor eggs from the wild for propagation purposes;
    (ii) No raptor listed in Sec. 17.11 of this chapter as 
``endangered'' or ``threatened'' may be taken from the wild without 
first obtaining the proper permit under part 17 of this chapter; and

[[Page 76]]

    (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 Sec. 21.29 or Sec. 21.30. No certification is 
required if the competent wildlife management authority itself is the 
recipient of captive-bred raptors for conservation purposes.
    (iii) No raptor may be traded, transferred, purchased, sold, or 
bartered until it is two weeks old and only after it is properly banded 
with a nonreuseable marker provided or authorized by the Service, unless 
it is transferred, sold, or bartered to a State or Federal wildlife 
management agency for conservation purposes.
    (iv) A permittee may purchase, sell, or barter semen collected from 
any captive-bred raptor.
    (v) A permittee may not purchase, sell or barter any raptor eggs, 
any raptors taken from the wild, any raptor semen collected from the 
wild, or any raptors hatched from eggs taken from the wild.
    (6) Use of Service form 3-186A. No permittee may take, purchase, 
receive, or otherwise acquire, sell, trade, barter, transfer, or 
otherwise dispose of any raptor unless such permittee submits a form 3-
186A (Migratory Bird Acquisition/Disposition Report), completed in 
accordance with the instructions on the form, to the issuing office 
within five (5) calendar days of any such transfer. Provided, that a 
permittee does not have to submit a form 3-186A (Migratory Bird 
Acquisition/Disposition Report) to report the acquisition raptors 
hatched from eggs produced as a result of the permittee's propagation 
activities as long as these raptors remain in the possession of the 
permittee.
    (7) Documentation of lawful possession. No raptor may be possessed 
under authority of a raptor propagation permit unless the permittee has 
a properly completed form 3-186A (Migratory Bird Acquisition/Disposition 
Report) for each bird possessed, except as provided in paragraph (d)(5) 
of this section.
    (8) Temporary possession. A raptor possessed under authority of a 
raptor propagation permit may be temporarily held by a person other than 
the permittee only if that person is otherwise authorized to possess 
raptors, and only if the raptor is accompanied at all times by the 
properly completed form 3-186A (Migratory Bird Acquisition/Disposition 
Report) designating the permittee as the possessor of record and by a 
signed, dated statement from the permittee authorizing the temporary 
possession.
    (9) Sale, purchase, barter. A permittee may not sell, purchase, 
barter, or offer to sell, purchase, or barter any raptor unless the 
raptor is marked on the metatarsus by a seamless, numbered band supplied 
by the Service.

[[Page 77]]

    (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:

[[Page 78]]

    (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]



Sec. 21.31  Rehabilitation permits.

    (a) What is the permit requirement? Except as provided in Sec. 
21.12, a rehabilitation permit is required to take, temporarily possess, 
or transport any migratory bird for rehabilitation purposes. However, 
any person who finds a sick, injured, or orphaned migratory bird may, 
without a permit, take possession of the bird in order to immediately 
transport it to a permitted rehabilitator.
    (b) What are the general permit provisions? (1) The permit 
authorizes you to:
    (i) Take from the wild or receive from another person sick, injured, 
or orphaned migratory birds and to possess them and provide 
rehabilitative care for them for up to 180 days;
    (ii) Transport such birds to a suitable habitat for release, to 
another permitted rehabilitator's facilities, or to a veterinarian;
    (iii) Transfer, release, or euthanize such birds;
    (iv) Transfer or otherwise dispose of dead specimens; and
    (v) Receive, stabilize, and transfer within 48 hours types of 
migratory bird species not authorized by your permit, in cases of 
emergency. If a rehabilitator authorized to care for the bird is not 
available within that timeframe, you must contact the issuing office for 
authorization to retain the bird until it can be transferred.
    (2) The permit does not authorize the use of migratory birds for 
educational purposes.
    (c) How do I apply for a migratory bird rehabilitation permit? You 
must apply to the appropriate Regional Director--Attention Migratory 
Bird Permit Office. You can find addresses for the appropriate Regional 
Directors in Sec. 2.2 of subchapter A of this chapter. Your application 
package must consist of the following:
    (1) A completed application (Form 3-200-10b);

[[Page 79]]

    (2) A copy of your State rehabilitation permit, license, or other 
authorization, if one is required in your State; and
    (3) A check or money order made payable to the ``U.S. Fish and 
Wildlife Service'' in the amount of the application fee for permits 
issued under this section listed in Sec. 13.11 of this chapter.
    (d) What criteria will the Service consider before issuing a permit? 
(1) Upon receiving an application completed in accordance with paragraph 
(c) of this section, the Regional Director will decide whether to issue 
you a permit based on the general criteria of Sec. 13.21 of this 
chapter and whether you meet the following requirements:
    (i) You must be at least 18 years of age with at least 100 hours of 
hands-on experience, gained over the course of at least 1 whole year, 
rehabilitating the types of migratory birds you intend to rehabilitate 
(e.g., waterbirds, raptors), or comparable experience. Up to 20 hours of 
the 100-hour time requirement may be fulfilled by participation in 
migratory bird rehabilitation seminars and courses.
    (ii) Your facilities must be adequate to properly care for the 
type(s) of migratory bird species you intend to rehabilitate, or you 
must have a working relationship with a person or organization with such 
facilities.
    (iii) You must have an agreement with a licensed veterinarian to 
provide medical care for the birds you intend to rehabilitate, unless 
you are a licensed veterinarian.
    (iv) You must have a State permit, license, or other authorization 
to rehabilitate migratory birds if such authorization required by your 
State.
    (2) In issuing a permit, the Regional Director may place 
restrictions on the types of migratory bird species you are authorized 
to rehabilitate, based on your experience and facilities as well as on 
the specific physical requirements and behavioral traits of particular 
species.
    (e) What are the standard conditions for this permit? In addition to 
the general permit conditions set forth in part 13 of this chapter, 
rehabilitation permits are subject to the following conditions:
    (1) Facilities. You must conduct the activities authorized by this 
permit in appropriate facilities that are approved and identified on the 
face of your permit. In evaluating whether caging dimensions are 
adequate, the Service will use as a guideline the standards developed by 
the National Wildlife Rehabilitators Association and the International 
Wildlife Rehabilitation Council (Minimum Standards for Wildlife 
Rehabilitation, 2000).\1\ The Regional Migratory Bird Permit Office will 
authorize variation from the standards where doing so is reasonable and 
necessary to accommodate a particular rehabilitator's circumstances, 
unless a determination is made that such variation will jeopardize 
migratory birds. However, except as provided by paragraph (f)(2)(i) of 
this section, all facilities must adhere to the following criteria:
---------------------------------------------------------------------------

    \1\ Copies may be obtained by contacting either the National 
Wildlife Rehabilitators Association: 14 North 7th Avenue, St. Cloud MN 
56303-4766, http://www.nwawildlife.org/default.asp; or the International 
Wildlife Rehabilitation Council: 829 Bancroft Way, Berkeley, CA 94710, 
http://www.iwrc-online.org.
---------------------------------------------------------------------------

    (i) Rehabilitation facilities for migratory birds must be secure and 
provide protection from predators, domestic animals, undue human 
disturbance, sun, wind, and inclement weather.
    (ii) Caging must be made of a material that will not entangle or 
cause injury to the type of birds that will be housed within.
    (iii) Enclosures must be kept clean, well-ventilated, and hygienic.
    (iv) Birds must not be overcrowded, and must be provided enough 
perches, if applicable.
    (v) Birds must be housed only with compatible migratory bird 
species.
    (vi) Birds may not be displayed to the public unless you use video 
equipment, barriers, or other methods to reduce noise and exposure to 
humans to levels the birds would normally encounter in their habitat. 
You may not use any equipment for this purpose that causes stress or 
harm, or impedes the rehabilitation of any bird.
    (2) Dietary requirements. You must provide the birds in your care 
with a

[[Page 80]]

diet that is appropriate and nutritionally approximates the natural diet 
consumed by the species in the wild, with consideration for the age and 
health of the individual bird.
    (3) Subpermittees. Except as provided by paragraph (f)(2)(ii) of 
this section, anyone who will be performing activities that require 
permit authorization under paragraph (b)(1) of this section when you or 
a subpermittee are not present, including any individual who transports 
birds to or from your facility on a regular basis, must either possess 
his or her own Federal rehabilitation permit, or be authorized as your 
subpermittee by being named in writing to your issuing Migratory Bird 
Permit Office. Subpermittees must be at least 18 years of age and 
possess sufficient experience to tend the species in their care. 
Subpermittees authorized to care for migratory birds at a site other 
than your facility must have facilities adequate to house the species in 
their care, based on the criteria of paragraph (e)(1) of this section. 
All such facilities must be approved by the issuing office. As the 
primary permittee, you are legally responsible for ensuring that your 
subpermittees, staff, and volunteers adhere to the terms of your permit 
when conducting migratory bird rehabilitation activities.
    (4) Disposition of birds under your care. (i) You must take every 
precaution to avoid imprinting or habituating birds in your care to 
humans. If a bird becomes imprinted to humans while under your care, you 
will be required to transfer the bird as directed by the issuing office.
    (ii) You may not retain migratory birds longer than 180 days without 
additional authorization from your Regional Migratory Bird Permit 
Office. You must release all recuperated birds to suitable habitat as 
soon as seasonal conditions allow, following recovery of the bird. If 
the appropriate season for release is outside the 180-day timeframe, you 
must seek authorization from the Service to hold the bird until the 
appropriate season. Before releasing a threatened or endangered 
migratory bird, you must coordinate with your issuing Migratory Bird 
Permit Office.
    (iii) You must euthanize any bird that cannot feed itself, perch 
upright, or ambulate without inflicting additional injuries to itself 
where medical and/or rehabilitative care will not reverse such 
conditions. You must euthanize any bird that is completely blind, and 
any bird that has sustained injuries that would require amputation of a 
leg, a foot, or a wing at the elbow or above (humero-ulnar joint) rather 
than performing such surgery, unless:
    (A) A licensed veterinarian submits a written recommendation that 
the bird should be kept alive, including an analysis of why the bird is 
not expected to experience the injuries and/or ailments that typically 
occur in birds with these injuries and a commitment (from the 
veterinarian) to provide medical care for the bird for the duration of 
its life, including complete examinations at least once a year;
    (B) A placement is available for the bird with a person or facility 
authorized to possess it, where it will receive the veterinary care 
described in paragraph (e)(4)(iii)(A) of this section; and
    (C) The issuing office specifically authorizes continued possession, 
medical treatment, and rehabilitative care of the bird.
    (iv) You must obtain authorization from your issuing Migratory Bird 
Permit Office before euthanizing endangered and threatened migratory 
bird species. In rare cases, the Service may designate a disposition 
other than euthanasia for those birds. If Service personnel are not 
available, you may euthanize endangered and threatened migratory birds 
without Service authorization when prompt euthanasia is warranted by 
humane consideration for the welfare of the bird.
    (v) You may place nonreleasable live birds that are suitable for use 
in educational programs, foster parenting, research projects, or other 
permitted activities with persons permitted or otherwise authorized to 
possess such birds, with prior approval from your issuing Migratory Bird 
Permit Office.
    (vi)(A) You may donate dead birds and parts thereof, except 
threatened and endangered species, and bald and golden eagles, to 
persons authorized by

[[Page 81]]

permit to possess migratory bird specimens or exempted from permit 
requirements under Sec. 21.12.
    (B) You must obtain approval from your issuing office before 
disposing of or transferring any live or dead endangered or threatened 
migratory bird specimen, parts, or feathers.
    (C) You must send all dead bald and golden eagles, and their parts 
and feathers to: National Eagle Repository, Building 128, Rocky Mountain 
Arsenal, Commerce City, CO 80022. If your State requires you to notify 
State wildlife officers of a dead bald or golden eagle before sending 
the eagle to the Repository you must comply with State regulations. 
States may assume temporary possession of the carcasses for purposes of 
necropsy.
    (D) Unless specifically required to do otherwise by the Service, you 
must promptly destroy all other dead specimens by such means as are 
necessary to prevent any exposure of the specimens to animals in the 
wild.
    (vii) With authorization from your issuing Migratory Bird Permit 
Office, you may hold a nonreleasable bird longer than 180 days for the 
purpose of fostering juveniles during their rehabilitation. You may also 
use birds you possess under an educational permit to foster juveniles.
    (viii) You may possess a reasonable number of feathers for imping 
purposes, based on the numbers and species of birds for which you 
regularly provide care.
    (ix) You may draw blood and take other medical samples for purposes 
of the diagnosis and recovery of birds under your care, or for transfer 
to authorized facilities conducting research pertaining to a contagious 
disease or other public health hazard.
    (x) You may conduct necropsies on dead specimens in your possession, 
except that you must obtain approval from your Regional Migratory Bird 
Permit Office before conducting necropsies on threatened or endangered 
species.
    (xi) This permit does not confer ownership of any migratory bird. 
All birds held under this permit remain under the stewardship of the 
U.S. Fish and Wildlife Service.
    (5) Notification to the U.S. Fish and Wildlife Service. (i) You must 
notify your issuing Migratory Bird Permit Office within 24 hours of 
acquiring a threatened or endangered migratory bird species, or bald or 
golden eagle, whether live or dead. You may be required to transfer 
these birds to another facility designated by the Service.
    (ii) You must immediately notify the local U.S. Fish and Wildlife 
Service Law Enforcement Office if you have reason to believe a bird has 
been poisoned, electrocuted, shot, or otherwise subjected to criminal 
activity. Contact information for your local Service Law Enforcement 
office is listed on your permit, or you can obtain it on the Internet at 
http://offices.fws.gov.
    (iii) If the sickness, injury, or death of any bird is due or likely 
due to avian virus, or other contagious disease or public health hazard, 
you must notify and comply with the instructions given by the State or 
local authority that is responsible for tracking the suspected disease 
or hazard in your location, if that agency is currently collecting such 
information from the public.
    (6) You must maintain a working relationship with a licensed 
veterinarian. If your working relationship with your original 
cooperating veterinarian is dissolved, you must establish an agreement 
within 30 days with another licensed veterinarian to provide medical 
services to the birds in your care, and furnish a copy of this agreement 
to the issuing office.
    (7) Recordkeeping. You must maintain complete and accurate records 
of all migratory birds that you receive, including for each bird the 
date received, type of injury or illness, disposition, and date of 
disposition. You must retain these records for 5 years following the end 
of the calendar year covered by the records.
    (8) Annual report. You must submit an annual report that includes 
the information required by paragraph (e)(7) for the preceding calendar 
year to your issuing Migratory Bird Permit Office by the date required 
on your permit. You may complete Service Form 3-202-4, or submit your 
annual report from a database you maintain, provided your

[[Page 82]]

report contains all, and only, the information required by Form 3-202-4.
    (9) At the discretion of the Regional Director, we may stipulate on 
the face of your permit additional conditions compatible with the permit 
conditions set forth in this section, to place limits on numbers and/or 
types of birds you may possess under your permit, to stipulate 
authorized location(s) for your rehabilitation activities, or otherwise 
specify permitted activities, based on your experience and facilities.
    (f) How does this permit apply to oil and hazardous waste spills? 
Prior to entering the location of an oil or hazardous material spill, 
you must obtain authorization from the U.S. Fish and Wildlife Service 
Field Response Coordinator or other designated Service representative 
and obtain permission from the On-Scene Coordinator. All activities 
within the location of the spill are subject to the authority of the On-
Scene Coordinator. The U.S. Fish and Wildlife Service is responsible for 
the disposition of all migratory birds, dead or alive.
    (1) Permit provisions in oil or hazardous material spills. (i) In 
addition to the rehabilitation permit provisions set forth in paragraph 
(b) of this section, when under the authority of the designated U.S. 
Fish and Wildlife Service representative this permit further authorizes 
you to temporarily possess healthy, unaffected birds for the purpose of 
removing them from imminent danger.
    (ii) This permit does not authorize salvage of dead migratory birds. 
When dead migratory birds are discovered, a Service law enforcement 
officer must be notified immediately in order to coordinate the handling 
and collection of evidence. Contact information for your local Service 
Law Enforcement office is listed on your permit and on the Internet at 
http://offices.fws.gov. The designated Service representative will have 
direct control and responsibility over all live migratory birds, and 
will coordinate the collection, storage, and handling of any dead 
migratory birds with the Service's Division of Law Enforcement.
    (iii) You must notify your issuing Migratory Bird Permit Office of 
any migratory birds in your possession within 24 hours of removing such 
birds from the area.
    (2) Conditions specific to oil and hazardous waste spills--(i) 
Facilities. Facilities used at the scene of oil or hazardous waste 
spills may be temporary and/or mobile, and may provide less space and 
protection from noise and disturbance than facilities authorized under 
paragraph (e)(1) of this section. Such facilities should conform as 
closely as possible with the facility specifications contained in the 
Service policy titled Best Practices for Migratory Bird Care During Oil 
Spill Response.\2\
---------------------------------------------------------------------------

    \2\ You can obtain copies of this document by writing to the U.S. 
Fish and Wildlife Service, Division of Environmental Quality, 4401 North 
Fairfax Drive, MS 322, Arlington, VA, 22203.
---------------------------------------------------------------------------

    (ii) Subpermittees. In cases of oil and hazardous waste spills, 
persons who assist with cleaning or treating migratory birds at the on-
scene facility will not be required to have a rehabilitation permit or 
be a subpermittee; however, volunteers must be trained in rescue 
protocol for migratory birds affected by oil and hazardous waste spills. 
A permit (or subpermittee designation) is required to perform extended 
rehabilitation of such birds, after initial cleaning and treating, at a 
subsequent location.
    (g) Will I also need a permit from the State in which I live? If 
your State requires a license, permit, or other authorization to 
rehabilitate migratory birds, your Federal migratory bird rehabilitation 
permit will not be valid if you do not also possess and adhere to the 
terms of the required State authorization, in addition to the Federal 
permit. Nothing in this section prevents a State from making and 
enforcing laws or regulations consistent with this section that are more 
restrictive or give further protection to migratory birds.
    (h) How long is a migratory bird rehabilitation permit valid? Your 
rehabilitation permit will expire on the date designated on the face of 
the permit unless amended or revoked. No rehabilitation permit will have 
a term exceeding 5 years.
    (i) Will I need to apply for a new permit under this section if I 
already have a special purpose permit to rehabilitate migratory birds, 
issued under Sec. 21.27 (Special

[[Page 83]]

purpose permits)? (1) If you had a valid Special Purpose--Migratory Bird 
Rehabilitation Permit issued under Sec. 21.27 on November 26, 2003, 
your permit will remain valid until the expiration date listed on its 
face. If you renew your permit, it will be issued under this section.
    (2) If your original permit authorization predates permit 
application procedures requiring submission of photographs and diagrams 
for approval of your facilities, and your facilities have never been 
approved by the migratory bird permit office on the basis of such 
photographs and diagrams, you must submit photographs and diagrams of 
your facilities as part of your renewal application. If those facilities 
do not meet the criteria set forth under this section, your permit may 
be renewed for only 1 year. We will re-evaluate your facilities when you 
seek renewal in a year. If you have made the improvements necessary to 
bring your facilities into compliance with paragraph (e)(1) of this 
section, and the other criteria within this section for permit issuance 
are met, your permit may be renewed for up to the full 5-year tenure.
    (3) If your facilities have already been approved on the basis of 
photographs and diagrams, and authorized under a valid Sec. 21.27 
special purpose permit, then they are preapproved to be authorized under 
your new permit issued under this section, unless those facilities have 
materially diminished in size or quality from what was authorized when 
you last renewed your permit, or unless you wish to expand the 
authorizations granted by your permit (e.g., the number or types of 
birds you rehabilitate). Regulations governing permit renewal are set 
forth in Sec. 13.22 of this chapter.

[68 FR 61137, Oct. 27, 2003]



     Subpart D_Control of Depredating and Otherwise Injurious Birds



Sec. 21.41  Depredation permits.

    (a) Permit requirement. Except as provided in Sec. Sec. 21.42 
through 21.46, a depredation permit is required before any person may 
take, possess, or transport migratory birds for depredation control 
purposes. No permit is required merely to scare or herd depredating 
migratory birds other than endangered or threatened species or bald or 
golden eagles.
    (b) Application procedures. Submit application for depredation 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) A description of the area where depredations are occurring;
    (2) The nature of the crops or other interests being injured;
    (3) The extent of such injury; and
    (4) The particular species of migratory birds committing the injury.
    (c) Additional permit conditions. Inaddition to the general 
conditions set forth in part 13 of this subchapter B, depredation 
permits shall be subject to requires, in this section:
    (1) Permittees may not kill migratory birds unless specifically 
authorized on the permit.
    (2) Unless otherwise specifically authorized, when permittees are 
authorized to kill migratory birds they may do so only with a shotgun 
not larger than No. 10 gauge fired from the shoulder, and only on or 
over the threatened area or area described on the permit.
    (3) Permittees may not use blinds, pits, or other means of 
concealment, decoys, duck calls, or other devices to lure or entice 
birds within gun range.
    (4) All migratory birds killed shall be retrieved by the permittee 
and turned over to a Bureau representative or his designee for 
disposition to charitable or other worthy institutions for use as food, 
or otherwise disposed of as provided by law.
    (5) Only persons named on the permit are authorized to act as agents 
of the permittee under authority of the permit.
    (d) Tenure of permits. The tenure of depredation permits shall be 
limited to the dates which appear on its face, but in no case shall be 
longer than one year.

[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63 
FR 52637, Oct. 1, 1998]

[[Page 84]]



Sec. 21.42  Authority to issue depredating orders to permit the

killing of migratory game birds.

    Upon the receipt of evidence clearly showing that migratory game 
birds have accumulated in such numbers in a particular area as to cause 
or about to cause serious damage to agricultural, horticultural, and 
fish cultural interests, the Director is authorized to issue by 
publication in the Federal Register a depredation order to permit the 
killing of such birds under the following conditions:
    (a) That such birds may only be killed by shooting with a shotgun 
not larger than No. 10 gauge fired from the shoulder, and only on or 
over the threatened area or areas;
    (b) That shooting shall be limited to such time as may be fixed by 
the Director on the basis of all circumstances involved. If prior to 
termination of the period fixed for such shooting, the Director receives 
information that there no longer exists a serious threat to the area or 
areas involved, he shall without delay cause to be published in the 
Federal Register an order of revocation;
    (c) That such migratory birds as are killed under the provisions of 
any depredation order may be used for food or donated to public museums 
or public scientific and educational institutions for exhibition, 
scientific, or educational purposes, but shall not be sold, offered for 
sale, bartered, or shipped for purpose of sale or barter, or be wantonly 
wasted or destroyed: Provided, That any migratory game birds which 
cannot be so utilized shall be disposed of as prescribed by the 
Director;
    (d) That any order issued pursuant to this section shall not 
authorize the killing of the designated species of depredating birds 
contrary to any State laws or regulations. The order shall specify that 
it is issued as an emergency measure designed to relieve depredations 
only and shall not be construed as opening, reopening, or extending any 
open hunting season contrary to any regulations promulgated pursuant to 
section 3 of the Migratory Bird Treaty Act.



Sec. 21.43  Depredation order for blackbirds, cowbirds, grackles, 

crows and magpies.

    A Federal permit shall not be required to control yellow-headed red-
winged, rusty, and Brewer's blackbirds, cowbirds, all grackles, crows, 
and magpies, when found committing or about to commit depredations upon 
ornamental or shade trees, agricultural crops, livestock, or wildlife, 
or when concentrated in such numbers and manner as to constitute a 
health hazard or other nuisance: Provided:
    (a) That none of the birds killed pursuant to this section, nor 
their plumage, shall be sold or offered for sale, but may be possessed, 
transported, and otherwise disposed of or utilized.
    (b) That any person exercising any of the privileges granted by this 
section shall permit at all reasonable times including during actual 
operations, any Federal or State game or deputy game agent, warden, 
protector, or other game law enforcement officer free and unrestricted 
access over the premises on which such operations have been or are being 
conducted; and shall furnish promptly to such officer whatever 
information he may require, concerning said operations.
    (c) That nothing in this section shall be construed to authorize the 
killing of such birds contrary to any State laws or regulations; and 
that none of the privileges granted under this section shall be 
exercised unless the person possesses whatever permit as may be required 
for such activities by the State concerned.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989]



Sec. 21.44  Depredation order for designated species of depredating 

birds in California.

    In any county in California in which horned larks, golden-crowned, 
white-crowned and other crowned sparrows, and house finches are, under 
extraordinary conditions, seriously injurious to agricultural or other 
interests, the Commissioner of Agriculture may, without a permit, kill 
or cause to be killed under his/her general supervision such of the 
above migratory birds as

[[Page 85]]

may be necessary to safeguard any agricultural or horticultural crop in 
the county: Provided:
    (a) That such migratory birds shall be killed only when necessary to 
protect agricultural or horticultural crops from depredation; that none 
of the above migratory birds killed, or the parts thereof, or the 
plumage of such birds, shall be sold or removed from the area where 
killed; but that all such dead migratory birds shall be buried or 
otherwise destroyed within this area, except that any specimens needed 
for scientific purposes, as determined by the State or the Director 
shall not be destroyed.
    (b) That any Commissioner of Agriculture exercising the privileges 
granted by this section shall keep records of the persons authorized by 
the Commissioner to kill such migratory birds, and the estimated number 
of such birds killed pursuant to the exercise of his authority, and the 
Commissioner shall submit a report thereof to the Director on or before 
December 31 of each year or whenever the Director so requests.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989; 55 
FR 17352, Apr. 24, 1990]



Sec. 21.45  Depredation order for depredating purple gallinules 

in Louisiana.

    Landowners, sharecroppers, tenants, or their employees or agents, 
actually engaged in the production of rice in Louisiana, may, without a 
permit, shoot purple gallinules (Ionornis martinica) when found 
committing or about to commit serious depredations to growing rice crops 
on the premises owned or occupied by such persons: Provided:
    (a) That purple gallinules may only be killed pursuant to this 
section between May 1 and August 15 in any year.
    (b) That purple gallinules killed pursuant to this section shall not 
be transported or sold or offered for sale except that, such 
transportation within the area, as may be necessary to bury or otherwise 
destroy the carcasses of such birds is permitted: Provided, That the 
Director or the State agricultural department, college, or other public 
institution may requisition such purple gallinules killed as may be 
needed for scientific investigations: Provided further, That any purple 
gallinules killed under authority of this section may also be donated to 
charitable institutions for food purposes.
    (c) That any person exercising any of the privileges granted by this 
section shall permit at all reasonable times, including during actual 
operations, any Federal or State game or deputy game agent, warden, 
protector, or other game law enforcement officer free and unrestricted 
access over the premises on which such operations have been or are being 
conducted; and shall furnish promptly to such officer whatever 
information he may require, concerning said operations.
    (d) That nothing in this section shall be construed to authorize the 
killing of such migratory birds contrary to any State laws or 
regulations; and that none of the privileges granted under this section 
shall be exercised unless the person possesses whatever permit as may be 
required for such activities by the State of Louisiana.
    (e) That any person authorized by this section to exercise the 
privileges granted therein shall maintain records of the number of birds 
killed on the premises and shall submit a report thereof, on or before 
December 31 of each year, to the Director.



Sec. 21.46  Depredation order for depredating scrub jays and Steller's 

jays in Washington and Oregon.

    Landowners, sharecroppers, tenants, or their employees or agents 
actually engaged in the production of nut crops in Washington and Oregon 
may, without a permit, take scrub jays (Aphelocoma coerulescens) and 
Steller's jays (Cyanocitta stelleri) when found committing or about to 
commit serious depredations to nut crops on the premises owned or 
occupied by such persons: Provided:
    (a) That scrub jays and Steller's jays may only be taken pursuant to 
this section between August 1 and December 1 in any year, in the 
Washington counties of Clark, Cowlitz, and Lewis; and the Oregon 
counties of Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, 
Washington, and Yamhill.
    (b) That scrub jays and Steller's jays taken pursuant to this 
section shall

[[Page 86]]

not be transported or sold or offered for sale except that, such 
transportation within the area, as may be necessary to bury or otherwise 
destroy the carcasses of such birds is permitted: Provided, That the 
Director of the State agricultural department, college, or other public 
institution may requisition such scrub jays and Steller's jays killed as 
may be needed for scientific investigations.
    (c) That such birds may be taken only by trapping or shooting and on 
areas where serious depredations are being or are about to be committed.
    (d) That any person exercising any of the privileges granted by this 
section shall permit at all reasonable times, including during actual 
operations, any Federal or State game or deputy game agent, warden, 
protector, or other law enforcement officer free and unrestricted access 
over the premises on which such operations have been or are being 
conducted; and shall furnish promptly to such officer whatever 
information he may require, concerning said operations.
    (e) That nothing in this section shall be construed to authorize the 
killing of such migratory birds contrary to any State laws or 
regulations; and that none of the privileges granted under this section 
shall be exercised unless the person possesses whatever permit as may be 
required for such activities by the States of Washington and Oregon.
    (f) That any person authorized by this section to exercise the 
privileges granted therein shall maintain records of the number of birds 
killed on the premises and shall submit a report thereof, on or before 
December 31 of each year, to the appropriate Special Agent in Charge 
(see Sec. 10.22 of this subchapter).

[39 FR 31326, Aug. 28, 1974]



Sec. 21.47  Depredation order for double-crested cormorants at 

aquaculture facilities.

    (a) What is the purpose of this depredation order? The purpose of 
this depredation order is to help reduce depredation of aquacultural 
stock by double-crested cormorants at private fish farms and State and 
Federal fish hatcheries.
    (b) In what areas can this depredation order be implemented? This 
depredation order applies to commercial freshwater aquaculture 
facilities and to State and Federal fish hatcheries in the States of 
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Minnesota, 
Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and 
Texas.
    (c) What does this depredation order allow and who can participate? 
(1) This depredation order authorizes landowners, operators, and tenants 
(or their employees or agents) actually engaged in the commercial, 
Federal, or State production of freshwater aquaculture stocks to take, 
without a Federal permit, double-crested cormorants when they are found 
committing or about to commit depredations to aquaculture stocks. This 
authority is applicable only during daylight hours and only within the 
boundaries of freshwater commercial aquaculture facilities or State and 
Federal hatcheries.
    (2) This depredation order authorizes employees of the Wildlife 
Services program of the U.S. Department of Agriculture Animal and Plant 
Health Inspection Service to take double-crested cormorants, with 
appropriate landowner permission, at roost sites in the vicinity of 
aquaculture facilities, at any time, day or night, during the months of 
October, November, December, January, February, March, and April.
    (3) Authorized employees of the Wildlife Services program of the 
U.S. Department of Agriculture Animal and Plant Health Inspection 
Service may designate agents to carry out control, provided these 
individuals act under the conditions of the order.
    (d) What are the terms and conditions of this order? (1) Persons 
operating under paragraph (c)(1) of this section may only do so in 
conjunction with an established nonlethal harassment program as 
certified by officials of the Wildlife Services program of the U.S. 
Department of Agriculture Animal and Plant Health Inspection Service. 
Wildlife Services directive 2.330 outlines this certification process.
    (2) Double-crested cormorants may be taken only by shooting with 
firearms, including rifles. Persons using

[[Page 87]]

shotguns are required to use nontoxic shot as listed in 50 CFR 20.21(j).
    (3) Persons operating under this depredation order may use decoys, 
taped calls, or other devices to lure within gun range birds committing 
or about to commit depredations.
    (4) Persons operating under this depredation order must obtain 
appropriate landowner permission before implementing activities 
authorized by the order.
    (5) Double-crested cormorants may not be killed 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 or 
other permits, if required.
    (6) Persons operating under this depredation order must properly 
dispose of double-crested cormorants killed in control efforts:
    (i) Individuals may donate birds killed under authority of this 
order to museums or other such scientific and educational institutions 
for the purposes of scientific or educational exhibition;
    (ii) Individuals may also bury or incinerate birds taken; and
    (iii) Individuals may not allow birds taken under this order, or 
their plumage, to be sold, offered for sale, bartered, or shipped for 
purpose of sale or barter.
    (7) Nothing in this depredation order authorizes the take of any 
migratory bird species other than double-crested cormorants. Two look-
alike species co-occur with double-crested cormorants in the 
southeastern States: the anhinga, which occurs across the southeastern 
United States, and the neotropic cormorant, which is found in varying 
numbers in Texas, Louisiana, and Oklahoma. Both species can be mistaken 
for double-crested cormorants, but take of these two species is not 
authorized under this depredation order. Persons operating under this 
order must immediately report the take of a migratory bird species other 
than double-crested cormorants to the appropriate Service Regional 
Migratory Bird Permit Office.
    (8) Nothing in this depredation order authorizes the take of any 
species protected by the Endangered Species Act. Persons operating under 
this order must immediately report the take of species protected under 
the Endangered Species Act to the Service.
    (i) To protect wood storks and bald eagles, the following 
conservation measures must be observed within any geographic area where 
Endangered Species Act protection applies to these species: All control 
activities are allowed if the activities occur more than 1,500 feet from 
active wood stork nesting colonies, more than 1,000 feet from active 
wood stork roost sites, and more than 750 feet from feeding wood storks, 
and if they occur more than 750 feet from active bald eagle nests.
    (ii) At their discretion, landowners, operators, and tenants may 
contact the Regional Migratory Bird Permit Office to request 
modification of the measures listed in paragraph (d)(8)(i) of this 
section. Such modification can occur only if the Regional Director 
determines, on the basis of coordination between the Regional Migratory 
Bird Permit Office and the Endangered Species Field Office, that wood 
storks and bald eagles will not be adversely affected.
    (iii) If adverse effects are anticipated from the control activities 
in a geographical area where Endangered Species Act protection applies 
to wood storks or bald eagles, either during the intra-Service 
coordination discussions described above or at any other time, the 
Regional Migratory Bird Permit Office will initiate consultation with 
the Endangered Species Field Offices.
    (9) Persons operating under this depredation order must:
    (i) Keep a log recording the date, number, and location of all birds 
killed each year under this authorization;
    (ii) Maintain this log for a period of 3 years (and maintain records 
for 3 previous years of takings at all times thereafter); and
    (iii) Each year, provide the previous year's log to the appropriate 
Service Regional Migratory Bird Permit Office. Regional Office addresses 
are found in Sec. 2.2 of subchapter A of this chapter.
    (10) We reserve the right to suspend or revoke the authority of any 
Agency or individual granted by this order if we find that the specified 
purpose, terms, and conditions have not been

[[Page 88]]

adhered to by that Agency or individual or if the long-term 
sustainability of double-crested cormorant populations is threatened by 
that Agency's or individual's action(s). The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this depredation order. For 
purposes of Sec. 13.29(e), appeals shall be made to the Director.
    (e) Does this section contain information collection requirements? 
Yes, the information collection requirements in this section are 
approved by the Office of Management and Budget (OMB) under OMB control 
number 1018-0121. Federal agencies 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.
    (f) When does this depredation order expire? This depredation order 
will automatically expire on April 30, 2009, unless revoked or extended 
prior to that date.

[68 FR 58034, Oct. 8, 2003]



Sec. 21.48  Depredation order for double-crested cormorants to protect

public resources.

    (a) What is the purpose of this depredation order? The purpose of 
this depredation order is to reduce the occurrence and/or minimize the 
risk of adverse impacts to public resources (fish, wildlife, plants, and 
their habitats) caused by double-crested cormorants.
    (b) In what areas can this depredation order be implemented? This 
depredation order applies to all lands and freshwaters in the States of 
Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, 
Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, New 
York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, 
Vermont, West Virginia, and Wisconsin.
    (c) What does this depredation order allow and who can participate? 
(1) This depredation order authorizes State fish and wildlife agencies, 
Federally recognized Tribes, and State Directors of the Wildlife 
Services program of the U.S. Department of Agriculture Animal and Plant 
Health Inspection Service (collectively termed ``Agencies'') to prevent 
depredations on the public resources of fish (including hatchery stock 
at Federal, State, and Tribal facilities), wildlife, plants, and their 
habitats by taking without a permit double-crested cormorants found 
committing or about to commit, such depredations.
    (2) Agencies may designate agents to carry out control, provided 
those individuals act under the conditions of the order.
    (3) Federally recognized Tribes and their agents may carry out 
control only on reservation lands or ceded lands within their 
jurisdiction.
    (d) What are the terms and conditions of this order? (1) Persons 
operating under this order should first utilize nonlethal control 
methods such as harassment and exclusion devices when these are 
considered effective and practicable and not harmful to other nesting 
birds by the responsible Agency.
    (2) Double-crested cormorants may be taken only by means of egg 
oiling, egg and nest destruction, cervical dislocation, firearms, and 
CO2 asphyxiation. Persons using shotguns must use nontoxic 
shot, as listed in 50 CFR 20.21(j). Persons using egg oiling must use 
100 percent corn oil, a substance exempted from regulation by the U.S. 
Environmental Protection Agency under the Federal Insecticide, 
Fungicide, and Rodenticide Act.
    (3) Persons operating under this depredation order may use decoys, 
taped calls, or other devices to lure within gun range birds committing 
or about to commit depredation of public resources.
    (4) Persons operating under this depredation order must obtain 
appropriate landowner permission before implementing activities 
authorized by the order.
    (5) Persons operating under this depredation order may not take 
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 or other permits, if 
required.

[[Page 89]]

    (6) Persons operating under this depredation order must properly 
dispose of double-crested cormorants killed in control efforts:
    (i) Individuals may donate birds killed under authority of this 
order to museums or other such scientific and educational institutions 
for the purposes of scientific or educational exhibition;
    (ii) Individuals may also bury or incinerate birds taken; and
    (iii) Individuals may not allow birds taken under this order, or 
their plumage, to be sold, offered for sale, bartered, or shipped for 
purpose of sale or barter.
    (7) Nothing in this depredation order authorizes the take of any 
migratory bird species other than double-crested cormorants. Two look-
alike species co-occur with double-crested cormorants in the 
southeastern States: the anhinga, which occurs across the southeastern 
United States, and the neotropic cormorant, which is found in varying 
numbers in Texas, Louisiana, Kansas, and Oklahoma. Both species can be 
mistaken for double-crested cormorants, but take of these two species is 
not authorized under this depredation order. Persons operating under 
this order must immediately report the take of a migratory bird species 
other than double-crested cormorants to the appropriate Service Regional 
Migratory Bird Permit Office.
    (8) Nothing in this depredation order authorizes the take of any 
species protected by the Endangered Species Act. Persons operating under 
this order must immediately report the take of species protected under 
the Endangered Species Act to the Service.
    (i) To protect piping plovers, interior least terns, wood storks, 
and bald eagles, the following conservation measures must be observed 
within any geographic area where Endangered Species Act protection 
applies to these species:
    (A) The discharge/use of firearms to kill or harass double-crested 
cormorants or use of other harassment methods are allowed if the control 
activities occur more than 1,000 feet from active piping plover or 
interior least tern nests or colonies; occur more than 1,500 feet from 
active wood stork nesting colonies, more than 1,000 feet from active 
wood stork roost sites, and more than 750 feet from feeding wood storks; 
or occur more than 750 feet from active bald eagle nests;
    (B) Other control activities such as egg oiling, cervical 
dislocation, CO2 asphyxiation, egg destruction, or nest 
destruction are allowed if these activities occur more than 500 feet 
from active piping plover or interior least tern nests or colonies; 
occur more than 1,500 feet from active wood stork nesting colonies, more 
than 1,000 feet from active wood stork roost sites, and more than 750 
feet from feeding wood storks; or occur more than 750 feet from active 
bald eagle nests;
    (C) To ensure adequate protection of piping plovers, any Agency or 
its agents who plan to implement control activities that may affect 
areas designated as piping plover critical habitat in the Great Lakes 
Region are to obtain prior approval from the appropriate Regional 
Director. Requests for approval of activities in these areas must be 
submitted to the Regional Migratory Bird Permit Office. The Regional 
Migratory Bird Permit Office will then coordinate with the Endangered 
Species Field Office staff to assess whether the measures in paragraph 
(d)(8)(i)(B) of this section are adequate.
    (ii) At their discretion, Agencies or their agents may contact the 
Regional Migratory Bird Permit Office to request modification of the 
above measures. Such modification can occur only if the Regional 
Director determines, on the basis of coordination between the Regional 
Migratory Bird Permit Office and the Endangered Species Field Office, 
that the species listed in paragraph (d)(8)(i) of this section will not 
be adversely affected.
    (iii) If adverse effects are anticipated from the control activities 
in a geographical area where Endangered Species Act protection applies 
to any of the four species listed in paragraph (d)(8)(i) of this 
section, either during the intra-Service coordination discussions 
described in paragraph (d)(8)(i)(C) of this section or at any other 
time, the Regional Migratory Bird Permit Office will initiate 
consultation with the Endangered Species Field Offices.

[[Page 90]]

    (9) Responsible Agencies must, before they initiate any control 
activities in a given year, provide a one-time written notice to the 
appropriate Service Regional Migratory Bird Permit Office indicating 
that they intend to act under this order.
    (i) Additionally, if any Agency plans a single control action that 
would individually, or a succession of such actions that would 
cumulatively, kill more than 10 percent of the double-crested cormorants 
in a breeding colony, it must first provide written notification to the 
appropriate Service Regional Migratory Bird Permit Office. This letter 
must be received no later than 30 days in advance of the activity and 
must provide:
    (A) The location (indicating specific colonies, if applicable) of 
the proposed control activity;
    (B) A description of the proposed control activity, specifying what 
public resources are being impacted, how many birds are likely to be 
taken and what approximate percentage they are of total DCCOs present, 
and which species of other birds are present; and
    (C) Contact information for the person in charge of the control 
action.
    (ii) The Regional Director may prevent any such activity by 
notifying the agency in writing if the Regional Director deems the 
activity a threat to the long-term sustainability of double-crested 
cormorants or any other migratory bird species.
    (10) Persons operating under this order must keep records of all 
activities, including those of designated agents, carried out under this 
order. On an annual basis, Agencies must provide the Service Regional 
Migratory Bird Permit Office with a report detailing activities 
conducted under the authority of this order, including:
    (i) By date and location, a summary of the number of double-crested 
cormorants killed and/or number of nests in which eggs were oiled;
    (ii) A statement of efforts being made to minimize incidental take 
of nontarget species and a report of the number and species of migratory 
birds involved in such take, if any;
    (iii) A description of the impacts or anticipated impacts to public 
resources by double-crested cormorants and a statement of the management 
objectives for the area in question;
    (iv) A description of the evidence supporting the conclusion that 
double-crested cormorants are causing or will cause these impacts;
    (v) A discussion of other limiting factors affecting the resource 
(e.g., biological, environmental, and socioeconomic); and
    (vi) A discussion of how control efforts are expected to, or 
actually did, alleviate resource impacts.
    (11) Agencies must provide annual reports to the appropriate Service 
Regional Migratory Bird Permit Office, as described in paragraph (d)(10) 
of this section, by December 31 for the reporting period October 1 of 
the previous year to September 30 of the same year. For example, reports 
for the period October 1, 2003, to September 30, 2004, would be due on 
or before December 31, 2004. The Service will regularly review Agency 
reports and will periodically assess the overall impact of this program 
to ensure compatibility with the long-term conservation of double-
crested cormorants and other resources.
    (12) In some situations, Agencies may deem it necessary to reduce or 
eliminate local breeding populations of double-crested cormorants to 
reduce the occurrence of resource impacts.
    (i) For such actions, Agencies must:
    (A) Comply with paragraph (d)(9) of this section;
    (B) Carefully plan activities to avoid disturbance of nontarget 
species;
    (C) Evaluate effects of management activities on cormorants at the 
control site;
    (D) Evaluate, by means of collecting data or using best available 
information, effects of management activities on the public resources 
being protected and on nontarget species; and
    (E) Include this information in the report described in paragraph 
(d)(10) of this section.
    (ii) Agencies may coordinate with the appropriate Service Regional 
Migratory Bird Permit Office in the preparation of this information to 
attain technical or other assistance.
    (13) We reserve the right to suspend or revoke the authority of any 
Agency, Tribe, or State Director granted by

[[Page 91]]

this order if we find that the specified purpose, terms, and conditions 
have not been adhered to or if the long-term sustainability of double-
crested cormorant populations is threatened by the action(s) of that 
Agency, Tribe, or State Director. The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this depredation order. For 
purposes of Sec. 13.29(e), appeals shall be made to the Director.
    (e) Does this section contain information collection requirements? 
Yes, the information collection requirements in this section are 
approved by the Office of Management and Budget (OMB) under OMB control 
number 1018-0121. Federal agencies 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.
    (f) When does this depredation order expire? This depredation order 
will automatically expire on April 30, 2009, unless revoked or extended 
prior to that date.

[68 FR 58035, Oct. 8, 2003]



Sec. 21.49  Control order for resident Canada geese at airports and

military airfields.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the control order for resident Canada geese at airports, 
and what is its purpose? The airport control order authorizes managers 
at commercial, public, and private airports (airports) (and their 
employees or their agents) and military air operation facilities 
(military airfields) (and their employees or their agents) to establish 
and implement a control and management program when necessary to resolve 
or prevent threats to public safety from resident Canada geese. Control 
and management activities include indirect and/or direct control 
strategies such as trapping and relocation, nest and egg destruction, 
gosling and adult trapping and culling programs, or other lethal and 
non-lethal control strategies.
    (c) Who may participate in the program? To be designated as an 
airport that is authorized to participate in this program, an airport 
must be part of the National Plan of Integrated Airport Systems and have 
received Federal grant-in-aid assistance, or a military airfield, 
meaning an airfield or air station that is under the jurisdiction, 
custody, or control of the Secretary of a military department. Only 
airports and military airfields in the lower 48 States and the District 
of Columbia are eligible to conduct and implement the various resident 
Canada goose control and management program components.
    (d) What are the restrictions of the control order for resident 
Canada geese at airports and military airfields? The airport control 
order for resident Canada geese is subject to the following 
restrictions:
    (1) Airports and military airfields should use nonlethal goose 
management tools to the extent they deem appropriate. To minimize lethal 
take, airports and military airfields should follow this procedure:
    (i) Assess the problem to determine its extent or magnitude, its 
impact on current operations, and the appropriate control method to be 
used.
    (ii) Base control methods on sound biological, environmental, 
social, and cultural factors.
    (iii) Formulate appropriate methods into a control strategy that 
uses several control techniques rather than relying on a single method.
    (iv) Implement all appropriate nonlethal management techniques (such 
as harassment and habitat modification) in conjunction with take 
authorized under this order.
    (2)(i) Methods of take for the control of resident Canada geese are 
at the airport's and military airfield's discretion from among the 
following:
    (A) Egg oiling,
    (B) Egg and nest destruction,
    (C) Shooting,
    (D) Lethal and live traps,
    (E) Nets,
    (F) Registered animal drugs, pesticides, and repellants,
    (G) Cervical dislocation, and
    (H) CO2 asphyxiation.

[[Page 92]]

    (ii) Birds caught live may be euthanized or transported and 
relocated to another site approved by the State or Tribal wildlife 
agency, if required.
    (iii) All techniques used must be in accordance with other Federal, 
State, and local laws, and their use must comply with any labeling 
restrictions.
    (iv) Persons using shotguns must use nontoxic shot, as listed in 
Sec. 20.21(j) of this subchapter.
    (v) Persons using egg oiling must use 100 percent corn oil, a 
substance exempted from regulation by the U.S. Environmental Protection 
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
    (3) Airports and military airfields may conduct management and 
control activities, involving the take of resident Canada geese, under 
this section between April 1 and September 15. The destruction of 
resident Canada goose nests and eggs may take place between March 1 and 
June 30.
    (4) Airports and military airfields and their employees and agents 
may possess, transport, and otherwise dispose of resident Canada geese 
taken under this section. Disposal of birds taken under this order may 
be by donation to public museums or public institutions for scientific 
or educational purposes, processing for human consumption and subsequent 
distribution free of charge to charitable organizations, or burial or 
incineration. Airports/military airfields, their employees, and 
designated agents may not sell, offer for sale, barter, or ship for the 
purpose of sale or barter any resident Canada geese taken under this 
section, nor their plumage or eggs. Any specimens needed for scientific 
purposes as determined by the Regional Director must not be destroyed, 
and information on birds carrying metal leg bands must be submitted to 
the Bird Banding Laboratory by means of a toll-free telephone number at 
1-800-327-BAND (or 2263).
    (5) Resident Canada geese may be taken only within the airport, or 
the military base on which a military airfield is located, or within a 
3-mile radius of the outer boundary of such a facility. Airports and 
military airfields or their agents must first obtain all necessary 
authorizations from landowners for all management activities conducted 
outside the airport or military airfield's boundaries and be in 
compliance with all State and local laws and regulations.
    (6) Nothing in this section authorizes the killing of resident 
Canada geese or destruction of their nests and eggs contrary to the laws 
or regulations of any State or Tribe, and none of the privileges of this 
section may be exercised unless the airport or military airfield 
possesses the appropriate State or Tribal authorization or other permits 
required by the State or Tribe. Moreover, this section does not 
authorize the killing of any migratory bird species or destruction of 
their nest or eggs other than resident Canada geese.
    (7) Authorized airports and military airfields, and their employees 
and agents operating under the provisions of this section may not use 
decoys, calls, or other devices to lure birds within gun range.
    (8) Airports and military airfields exercising the privileges 
granted by this section must submit an annual report summarizing 
activities, including the date and numbers and location of birds, nests, 
and eggs taken, by December 31 of each year to the Regional Migratory 
Bird Permit Office listed in Sec. 2.2 of this subchapter.
    (9) Nothing in this section applies to any Federal land without 
written permission of the Federal agency with jurisdiction.
    (10) Airports and military airfields may not undertake any actions 
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. Persons operating under this 
order must immediately report the take of any species protected under 
the Endangered Species Act to the Service. Further, to protect certain 
species from being adversely affected by management actions, airports 
and military airfields must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest;

[[Page 93]]

    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities;
    (iv) Contact the Arizona Ecological Services Office (for the 
Colorado River and Arizona sites) or the Carlsbad Fish and Wildlife 
Office (for Salton Sea sites) if control activities are proposed in or 
around occupied habitats (cattail or cattail bulrush marshes) to discuss 
the proposed activity and ensure that implementation will not adversely 
affect clapper rails or their habitats; and
    (v) In California, any control activities of resident Canada geese 
in areas used by the following species listed under the Endangered 
Species Act must be done in coordination with the appropriate local FWS 
field office and in accordance with standard local operating procedures 
for avoiding adverse effects to the species or its critical habitat:
    (A) Birds: Light-footed clapper rail, California clapper rail, Yuma 
clapper rail, California least tern, southwestern willow flycatcher, 
least Bell's vireo, western snowy plover, California gnatcatcher.
    (B) Amphibians: California red-legged frog and California tiger 
salamander.
    (C) Insects: Valley elderberry longhorn beetle and delta green 
ground beetle.
    (D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, 
longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy 
shrimp, and Riverside fairy shrimp.
    (E) Plants: Butte County meadowfoam, large-flowered wooly 
meadowfoam, Cook's lomatium, Contra Costa goldfields, Hoover's spurge, 
fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass, 
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley 
Orcutt grass, slender Orcutt grass, California Orcutt grass, spreading 
navarretia, and San Jacinto Valley crownscale.
    (e) Can the control order be suspended? We reserve the right to 
suspend or revoke an airport's or military airfield's authority under 
this control order if we find that the terms and conditions specified in 
the control order have not been adhered to by that airport or military 
airfield. Final decisions to revoke authority will be made by the 
appropriate Regional Director. The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this control order. For 
purposes of Sec. 13.29(e), appeals must be made to the Director.
    (f) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the control order? OMB has 
approved the information collection and recordkeeping requirements of 
the control order under OMB control number 1018-0133. We may not conduct 
or sponsor, and you are not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. You 
may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222--ARLSQ, 1849 C Street NW., 
Washington, DC 20240.

[71 FR 45986, Aug. 10, 2006, as amended at 72 FR 46408, Aug. 20, 2007]



Sec. 21.50  Depredation order for resident Canada geese nests and eggs.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the depredation order for resident Canada geese nests 
and eggs, and what is its purpose? The nest and egg depredation order 
for resident Canada geese authorizes private landowners and managers of 
public lands (landowners); homeowners' associations; and village, town, 
municipality, and county governments (local governments); and the 
employees or agents of any of these persons or entities to destroy 
resident Canada goose nests and eggs on property under their 
jurisdiction when necessary to resolve or prevent injury to people, 
property, agricultural crops, or other interests.
    (c) Who may participate in the depredation order? Only landowners, 
homeowners' associations, and local governments (and their employees or 
their agents) in the lower 48 States and the

[[Page 94]]

District of Columbia are eligible to implement the resident Canada goose 
nest and egg depredation order.
    (d) What are the restrictions of the depredation order for resident 
Canada goose nests and eggs? The resident Canada goose nest and egg 
depredation order is subject to the following restrictions:
    (1) Before any management actions can be taken, landowners, 
homeowners' associations, and local governments must register with the 
Service at https://epermits.fws.gov/eRCGR. Landowners, homeowners' 
associations, and local governments (collectively termed 
``registrants'') must also register each employee or agent working on 
their behalf. Once registered, registrants and agents will be authorized 
to act under the depredation order.
    (2) Registrants authorized to operate under the depredation order 
must use nonlethal goose management techniques to the extent they deem 
appropriate in an effort to minimize take.
    (3) Methods of nest and egg destruction or take are at the 
registrant's discretion from among the following:
    (i) Egg oiling, using 100 percent corn oil, a substance exempted 
from regulation by the U.S. Environmental Protection Agency under the 
Federal Insecticide, Fungicide, and Rodenticide Act, and
    (ii) Egg and nest destruction, including but not limited to the 
removal and disposal of eggs and nest material.
    (4) Registrants may conduct resident Canada goose nest and egg 
destruction activities between March 1 and June 30. Homeowners' 
associations and local governments or their agents must obtain landowner 
consent prior to destroying nests and eggs on private property within 
the homeowners' association or local government's jurisdiction and be in 
compliance with all State and local laws and regulations.
    (5) Registrants authorized to operate under the depredation order 
may possess, transport, and dispose of resident Canada goose nests and 
eggs taken under this section. Registrants authorized to operate under 
the program may not sell, offer for sale, barter, or ship for the 
purpose of sale or barter any resident Canada goose nest or egg taken 
under this section.
    (6) Registrants exercising the privileges granted by this section 
must submit an annual report summarizing activities, including the date, 
numbers, and location of nests and eggs taken by October 31 of each year 
at https://epermits.fws.gov/eRCGR before any subsequent registration for 
the following year.
    (7) Nothing in this section authorizes the destruction of resident 
Canada goose nests or the take of resident Canada goose eggs contrary to 
the laws or regulations of any State or Tribe, and none of the 
privileges of this section may be exercised unless the registrant is 
authorized to operate under the program and possesses the appropriate 
State or Tribal permits, when required. Moreover, this section does not 
authorize the killing of any migratory bird species or destruction of 
their nest or eggs other than resident Canada geese.
    (8) Registrants may not undertake any actions under this section if 
the activities adversely affect species designated as endangered or 
threatened under the authority of the Endangered Species Act. Persons 
operating under this order must immediately report the take of any 
species protected under the Endangered Species Act to the Service. 
Further, to protect certain species from being adversely affected by 
management actions, registrants must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest;
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities;
    (iv) Contact the Arizona Ecological Services Office (for the 
Colorado River and Arizona sites) or the Carlsbad Fish and Wildlife 
Office (for Salton Sea sites) if control activities are proposed in or 
around occupied habitats (cattail or cattail bulrush marshes) to discuss 
the proposed activity and ensure that implementation will not adversely 
affect clapper rails or their habitats; and
    (v) In California, any control activities of resident Canada geese 
in areas used by the following species listed under the Endangered 
Species Act must be done in coordination with the

[[Page 95]]

appropriate local FWS field office and in accordance with standard local 
operating procedures for avoiding adverse effects to the species or its 
critical habitat:
    (A) Birds: Light-footed clapper rail, California clapper rail, Yuma 
clapper rail, California least tern, southwestern willow flycatcher, 
least Bell's vireo, western snowy plover, California gnatcatcher.
    (B) Amphibians: California red-legged frog and California tiger 
salamander.
    (C) Insects: Valley elderberry longhorn beetle and delta green 
ground beetle.
    (D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, 
longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy 
shrimp, and Riverside fairy shrimp.
    (E) Plants: Butte County meadowfoam, large-flowered wooly 
meadowfoam, Cook's lomatium, Contra Costa goldfields, Hoover's spurge, 
fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass, 
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley 
Orcutt grass, slender Orcutt grass, California Orcutt grass, spreading 
navarretia, and San Jacinto Valley crownscale.
    (e) Can the depredation order be suspended? We reserve the right to 
suspend or revoke this authorization for a particular landowner, 
homeowners' association, or local government if we find that the 
registrant has not adhered to the terms and conditions specified in the 
depredation order. Final decisions to revoke authority will be made by 
the appropriate Regional Director. The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this depredation order. For 
purposes of Sec. 13.29(e), appeals must be made to the Director. 
Additionally, at such time that we determine that resident Canada goose 
populations no longer need to be reduced in order to resolve or prevent 
injury to people, property, agricultural crops, or other interests, we 
may choose to terminate part or all of the depredation order by 
subsequent regulation. In all cases, we will annually review the 
necessity and effectiveness of the depredation order.
    (f) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the depredation order? OMB has 
approved the information collection and recordkeeping requirements of 
the depredation order under OMB control number 1018-0133. We may not 
conduct or sponsor, and you are not required to respond to, a collection 
of information unless it displays a currently valid OMB control number. 
You may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222--ARLSQ, 1849 C Street NW., 
Washington, DC 20240.

[71 FR 45988, Aug. 10, 2006, as amended by 72 FR 46408, Aug. 20, 2007]



Sec. 21.51  Depredation order for resident Canada geese at 

agricultural facilities.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the depredation order for resident Canada geese at 
agricultural facilities, and what is its purpose? The depredation order 
for resident Canada geese at agricultural facilities authorizes States 
and Tribes, via the State or Tribal wildlife agency, to implement a 
program to allow landowners, operators, and tenants actively engaged in 
commercial agriculture (agricultural producers) (or their employees or 
agents) to conduct direct damage management actions such as nest and egg 
destruction, gosling and adult trapping and culling programs, or other 
lethal and non-lethal wildlife-damage management strategies on resident 
Canada geese when the geese are committing depredations to agricultural 
crops and when necessary to resolve or prevent injury to agricultural 
crops or other agricultural interests from resident Canada geese.
    (c) Who may participate in the depredation order? State and Tribal 
wildlife agencies in the following States may authorize agricultural 
producers (or their employees or agents) to conduct

[[Page 96]]

and implement various components of the depredation order at 
agricultural facilities in the Atlantic, Central, and Mississippi Flyway 
portions of these States: Alabama, Arkansas, Colorado, Connecticut, 
Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, 
Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New 
Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, 
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, 
Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.
    (d) What are the restrictions of the depredation order for resident 
Canada geese at agricultural facilities? The depredation order for 
resident Canada geese at agricultural facilities is subject to the 
following restrictions:
    (1) Only landowners, operators, and tenants (or their employees or 
agents) actively engaged in commercial activities (agricultural 
producers) so designated by the States may act under this order.
    (2) Authorized agricultural producers should use nonlethal goose 
management tools to the extent they deem appropriate. To minimize lethal 
take, agricultural producers should adhere to the following procedure:
    (i) Assess the problem to determine its extent or magnitude, its 
impact to current operations, and the appropriate control method to be 
used.
    (ii) Base control methods on sound biological, environmental, 
social, and cultural factors.
    (iii) Formulate appropriate methods into a control strategy that 
uses the approach/concept that encourages the use of several control 
techniques rather than relying on a single method.
    (iv) Implement all appropriate nonlethal management techniques (such 
as harassment and habitat modification) in conjunction with take 
authorized under this order.
    (3)(i) Methods of take for the control of resident Canada geese are 
at the State's or Tribe's discretion among the following:
    (A) Egg oiling,
    (B) Egg and nest destruction,
    (C) Shotguns,
    (D) Lethal and live traps,
    (E) Nets,
    (F) Registered animal drugs, pesticides, and repellants,
    (G) Cervical dislocation, and
    (H) CO2 asphyxiation.
    (ii) Birds caught live may be euthanized or transported and 
relocated to another site approved by the State or Tribal wildlife 
agency, if required.
    (iii) All techniques used must be in accordance with other Federal, 
State, Tribal, and local laws, and their use must comply with any 
labeling restrictions.
    (iv) Persons using shotguns must use nontoxic shot, as listed in 
Sec. 20.21(j) of this subchapter.
    (v) Persons using egg oiling must use 100 percent corn oil, a 
substance exempted from regulation by the U.S. Environmental Protection 
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
    (4) Authorized agricultural producers and their employees and agents 
may conduct management and control activities, involving the take of 
resident Canada geese, under this section between May 1 and August 31. 
The destruction of resident Canada goose nests and eggs may take place 
between March 1 and June 30.
    (5) Authorized agricultural producers and their employees and agents 
may possess, transport, and otherwise dispose of resident Canada geese 
taken under this section. Disposal of birds taken under this order may 
be by donation to public museums or public institutions for scientific 
or educational purposes, processing for human consumption and subsequent 
distribution free of charge to charitable organizations, or burial or 
incineration. Agricultural producers, their employees, and designated 
agents may not sell, offer for sale, barter, or ship for the purpose of 
sale or barter any resident Canada geese taken under this section, nor 
their plumage or eggs. Any specimens needed for scientific purposes as 
determined by the Director must not be destroyed, and information on 
birds carrying metal leg bands must be submitted to the Bird Banding 
Laboratory by means of a toll-free telephone number at 1-800-327-BAND 
(or 2263).

[[Page 97]]

    (6) Resident Canada geese may be taken only on land which an 
authorized agricultural producer personally controls and where geese are 
committing depredations to agricultural crops.
    (7) Authorized agricultural producers, and their employees and 
agents, operating under the provisions of this section may not use 
decoys, calls, or other devices to lure birds within gun range.
    (8) Any authorized agricultural producer exercising the privileges 
of this section must keep and maintain a log that indicates the date and 
number of birds killed and the date and number of nests and eggs taken 
under this authorization. The log must be maintained for a period of 3 
years (and records for 3 previous years of takings must be maintained at 
all times thereafter). The log and any related records must be made 
available to Federal, State, or Tribal wildlife enforcement officers 
upon request during normal business hours.
    (9) Nothing in this section authorizes the killing of resident 
Canada geese or the destruction of their nests and eggs contrary to the 
laws or regulations of any State or Tribe, and none of the privileges of 
this section may be exercised unless the agricultural producer possesses 
the appropriate State or Tribal permits, when required. Moreover, this 
regulation does not authorize the killing of any migratory bird species 
or destruction of their nests or eggs other than resident Canada geese.
    (10) States and Tribes exercising the privileges granted by this 
section must submit an annual report summarizing activities, including 
the numbers and County of birds, nests, and eggs taken, by December 31 
of each year to the Regional Migratory Bird Permit Office listed in 
Sec. 2.2 of this subchapter.
    (11) Nothing in this section applies to any Federal land without 
written permission of the Federal agency with jurisdiction.
    (12) Authorized agricultural producers may not undertake any actions 
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. Persons operating under this 
order must immediately report the take of any species protected under 
the Endangered Species Act to the Service. Further, to protect certain 
species from being adversely affected by management actions, 
agricultural producers must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest; and
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities.
    (e) Can the depredation order be suspended? We reserve the right to 
suspend or revoke a State, Tribal, or agricultural producer's authority 
under this program if we find that the terms and conditions specified in 
the depredation order have not been adhered to by that State or Tribe. 
Final decisions to revoke authority will be made by the appropriate 
Regional Director. The criteria and procedures for suspension, 
revocation, reconsideration, and appeal are outlined in Sec. Sec. 13.27 
through 13.29 of this subchapter. For the purposes of this section, 
``issuing officer'' means the Regional Director and ``permit'' means the 
authority to act under this depredation order. For purposes of Sec. 
13.29(e), appeals must be made to the Director. Additionally, at such 
time that we determine that resident Canada geese populations no longer 
pose a threat to agricultural crops or no longer need to be reduced in 
order to resolve or prevent injury to agricultural crops or other 
agricultural interests, we may choose to terminate part or all of the 
depredation order by subsequent regulation. In all cases, we will 
annually review the necessity and effectiveness of the depredation 
order.
    (f) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the depredation order? OMB has 
approved the information collection and recordkeeping requirements of 
the depredation order under OMB control number 1018-0133. We may not 
conduct or sponsor, and you are not required to respond to, a collection 
of information unless it displays a currently valid OMB control number. 
You may send comments on

[[Page 98]]

the information collection and recordkeeping requirements to the 
Service's Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, MS 222-ARLSQ, 1849 C Street, NW., Washington, DC 
20240.

[71 FR 45989, Aug. 10, 2006]



Sec. 21.52  Public health control order for resident Canada geese.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the public health control order for resident Canada 
geese, and what is its purpose? The public health control order for 
resident Canada geese authorizes States, Tribes, and the District of 
Columbia, via the State or Tribal wildlife agency, to conduct resident 
Canada goose control and management activities including direct control 
strategies such as trapping and relocation, nest and egg destruction, 
gosling and adult trapping and culling programs, or other lethal and 
non-lethal wildlife damage-management strategies when resident Canada 
geese are posing a direct threat to human health.
    (c) What is a direct threat to human health? A direct threat to 
human health is one where a Federal, State, Tribal, or local public 
health agency has determined that resident Canada geese pose a specific, 
immediate human health threat by creating conditions conducive to the 
transmission of human or zoonotic pathogens. The State or Tribe may not 
use this control order for situations in which resident Canada geese are 
merely causing a nuisance.
    (d) Who may participate in the program? Only State and Tribal 
wildlife agencies in the lower 48 States and the District of Columbia 
(or their employees or agents) may conduct and implement the various 
components of the public health control order for resident Canada geese.
    (e) What are the restrictions of the public health depredation order 
for resident Canada geese? The public health control order for resident 
Canada geese is subject to the following restrictions:
    (1) Authorized State and Tribal wildlife agencies should use 
nonlethal goose management tools to the extent they deem appropriate.
    (2)(i) Methods of take for the control of resident Canada geese are 
at the State's and Tribe's discretion from among the following:
    (A) Egg oiling,
    (B) Egg and nest destruction,
    (C) Shotguns,
    (D) Lethal and live traps,
    (E) Nets,
    (F) Registered animal drugs, pesticides, and repellants,
    (G) Cervical dislocation, and
    (H) CO2 asphyxiation.
    (ii) Birds caught live may be euthanized or transported and 
relocated to another site approved by the State or Tribal wildlife 
agency, if required.
    (iii) All techniques used must be in accordance with other Federal, 
State, Tribal, and local laws, and their use must comply with any 
labeling restrictions.
    (iv) Persons using shotguns must use nontoxic shot, as listed in 
Sec. 20.21(j) of this subchapter.
    (v) Persons using egg oiling must use 100 percent corn oil, a 
substance exempted from regulation by the U.S. Environmental Protection 
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
    (3) Authorized State and Tribal wildlife agencies and their 
employees and agents may conduct management and control activities, 
involving the take of resident Canada geese, under this section between 
April 1 and August 31. The destruction of resident Canada goose nests 
and eggs may take place between March 1 and June 30.
    (4) Authorized State and Tribal wildlife agencies and their 
employees and agents may possess, transport, and otherwise dispose of 
resident Canada geese taken under this section. Disposal of birds taken 
under this order may be by donation to public museums or public 
institutions for scientific or educational purposes, processing for 
human consumption and subsequent distribution free of charge to 
charitable organizations, or burial or incineration. States, their 
employees, and designated agents may not sell, offer for sale, barter, 
or ship for the purpose of sale or barter any resident Canada

[[Page 99]]

geese taken under this section, nor their plumage or eggs. Any specimens 
needed for scientific purposes as determined by the Regional Director 
must not be destroyed, and information on birds carrying metal leg bands 
must be submitted to the Bird Banding Laboratory by means of a toll-free 
telephone number at 1-800-327-BAND (or 2263).
    (5) Resident Canada geese may be taken only within the specified 
area of the direct threat to human health.
    (6) Authorized State and Tribal wildlife agencies, and their 
employees and agents operating under the provisions of this section may 
not use decoys, calls, or other devices to lure birds within gun range.
    (7) No person conducting activities under this section should 
construe the program as authorizing the killing of resident Canada geese 
or destruction of their nests and eggs contrary to any State law or 
regulation, nor may any control activities be conducted 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.
    (8) Any State or Tribal employee or designated agent authorized to 
carry out activities under this section must have a copy of the State's 
or Tribal authorization and designation in their possession when 
carrying out any activities. If the State or Tribe is conducting 
operations on private property, the State or Tribe must also require the 
property owner or occupant on whose premises resident Canada goose 
activities are being conducted to allow, at all reasonable times, 
including during actual operations, free and unrestricted access to any 
Service special agent or refuge officer, State or Tribal wildlife or 
deputy wildlife agent, warden, protector, or other wildlife law 
enforcement officer on the premises where they are, or were, conducting 
activities. Furthermore, any State or Tribal employee or designated 
agent conducting such activities must promptly furnish whatever 
information is required concerning such activities to any such wildlife 
officer.
    (9) States and Tribes exercising the privileges granted by this 
section must submit an annual report summarizing activities, including 
the numbers and County of birds taken, by December 31 of each year to 
the Regional Migratory Bird Permit Office listed in Sec. 2.2 of this 
subchapter.
    (10) Authorized State and Tribal wildlife agencies may not undertake 
any actions 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. Persons operating under 
this order must immediately report the take of any species protected 
under the Endangered Species Act to the Service. Further, to protect 
certain species from being adversely affected by management actions, 
State and Tribal wildlife agencies must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest;
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities;
    (iv) Contact the Arizona Fish and Wildlife Service Ecological 
Services Office (for the Colorado River and Arizona sites) or the 
Carlsbad Fish and Wildlife Office (for Salton Sea sites) if control 
activities are proposed in or around occupied habitats (cattail or 
cattail bulrush marshes) to discuss the proposed activity and ensure 
that implementation will not adversely affect clapper rails or their 
habitats; and
    (v) In California, any control activities of resident Canada geese 
in areas used by the following species listed under the Endangered 
Species Act must be done in coordination with the appropriate local FWS 
field office and in accordance with standard local operating procedures 
for avoiding adverse effects to the species or its critical habitat:
    (A) Birds: Light-footed clapper rail, California clapper rail, Yuma 
clapper rail, California least tern, southwestern willow flycatcher, 
least Bell's vireo, western snowy plover, California gnatcatcher.

[[Page 100]]

    (B) Amphibians: California red-legged frog and California tiger 
salamander.
    (C) Insects: Valley elderberry longhorn beetle and delta green 
ground beetle.
    (D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, 
longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy 
shrimp, and Riverside fairy shrimp.
    (E) Plants: Butte County meadowfoam, large-flowered wooly 
meadowfoam, Cook's lomatium, Contra Costa goldfields, Hoover's spurge, 
fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass, 
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley 
Orcutt grass, slender Orcutt grass, California Orcutt grass, spreading 
navarretia, and San Jacinto Valley crownscale.
    (f) Can the control order be suspended? We reserve the right to 
suspend or revoke a State's or Tribe's authority under this program if 
we find that the terms and conditions specified in the depredation order 
have not been adhered to by that agency. Final decisions to revoke 
authority will be made by the appropriate Regional Director. The 
criteria and procedures for suspension, revocation, reconsideration, and 
appeal are outlined in Sec. Sec. 13.27 through 13.29 of this 
subchapter. For the purposes of this section, ``issuing officer'' means 
the Regional Director and ``permit'' means the authority to act under 
this control order. For purposes of Sec. 13.29(e), appeals must be made 
to the Director. Additionally, at such time that we determine that 
resident Canada geese populations no longer pose direct threats to human 
health, we may choose to terminate part or all of the control order by 
subsequent regulation. In all cases, we will annually review the 
necessity and effectiveness of the control order.
    (g) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the control order? OMB has 
approved the information collection and recordkeeping requirements of 
the control order under OMB control number 1018-0133. We may not conduct 
or sponsor, and you are not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. You 
may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222-ARLSQ, 1849 C Street, NW., 
Washington, DC 20240.

[71 FR 45990, Aug. 10, 2006]



      Subpart E_Control of Overabundant Migratory Bird Populations



Sec. 21.60  Conservation order for mid-continent light geese.

    (a) Which waterfowl species are covered by this order? This 
conservation order addresses management of lesser snow (Anser c. 
caerulescens) and Ross' (Anser rossii) geese that breed, migrate, and 
winter in the mid-continent portion of North America, primarily in the 
Central and Mississippi Flyways (mid-continent light geese).
    (b) In what areas can the conservation order be implemented? (1) The 
following States, or portions of States, that are contained within the 
boundaries of the Central and Mississippi Flyways: Alabama, Arkansas, 
Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 
Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New 
Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, 
Wisconsin, and Wyoming.
    (2) Tribal lands within the geographic boundaries in paragraph 
(b)(1) of this section.
    (3) The following areas within the boundaries in paragraph (b)(1) of 
this section are closed to the conservation order after 10 March of each 
year: Monte Vista National Wildlife Refuge (CO); Bosque del Apache 
National Wildlife Refuge (NM); the area within 5 miles of the Platte 
River from Lexington, Nebraska to Grand Island, Nebraska; the following 
area in and around Aransas National Wildlife Refuge; those portions of 
Refugio, Calhoun, and Aransas counties that lie inside a line extending 
from 5 nautical miles offshore to and including Pelican Island, thence 
to Port O'Conner, thence northwest along State Highway 185 and southwest 
along State Highway 35 to Aransas Pass, thence southeast along

[[Page 101]]

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

[[Page 102]]

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]

[[Page 103]]



Sec. 21.61  Population control of resident Canada geese.

    (a) Which Canada geese are covered by this regulation? This 
regulation addresses the population control of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the resident Canada goose population control program, 
and what is its purpose? The resident Canada goose population control 
program is a managed take program implemented under the authority of the 
Migratory Bird Treaty Act to reduce and stabilize resident Canada goose 
populations when traditional and otherwise authorized management 
measures are unsuccessful, not feasible for dealing with, or applicable, 
in preventing injury to property, agricultural crops, public health, and 
other interests from resident Canada geese. The Director is authorized 
to allow States and Tribes to implement a population control, or managed 
take, program to remedy these injuries. When authorized by the Director, 
managed take allows additional methods of taking resident Canada geese, 
allows shooting hours for resident Canada geese to extend to one-half 
hour after sunset, and removes daily bag limits for resident Canada 
geese inside or outside the migratory bird hunting season frameworks as 
described in this section. The intent of the program is to reduce 
resident Canada goose populations in order to protect personal property 
and agricultural crops and other interests from injury and to resolve 
potential concerns about human health. The management and control 
activities allowed or conducted under the program are intended to 
relieve or prevent damage and injurious situations. No person should 
construe this program as opening, reopening, or extending any hunting 
season contrary to any regulations established under section 3 of the 
Migratory Bird Treaty Act.
    (c) What areas are eligible to participate in the program? When 
approved by the Director, the State and Tribal wildlife agencies of 
Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nebraska, New Hampshire, New Jersey, New Mexico, New York, North 
Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, 
South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West 
Virginia, Wisconsin, and Wyoming may implement the resident Canada goose 
population control program components in the Atlantic, Central, and 
Mississippi Flyway portions of these States.
    (d) What is required in order for State governments to participate 
in a managed take program? Following the conclusion of the first full 
operational year of Sec. Sec. 21.49 through 21.52 of this part, any 
wildlife agency from a State listed in 21.61(c) may request approval for 
the population control program. A request must include a discussion of 
the State's or Tribe's efforts to address its injurious situations 
utilizing the methods approved in this rule or a discussion of the 
reasons why the methods authorized by these rules are not feasible for 
dealing with, or applicable to, the injurious situations that require 
further action. Discussions should be detailed and provide the Service 
with a clear understanding of the injuries that continue, why the 
authorized methods utilized have not worked, and why methods not 
utilized could not effectuate resolution of the injuries. A State's 
request for approval may be for an area or areas smaller than the entire 
State. Upon written approval by the Director, 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, resident Canada geese under the following conditions:
    (1) Activities conducted under the managed take program may not 
affect endangered or threatened species as designated under the 
Endangered Species Act.
    (2) Control activities may be conducted under this section only 
between August 1 and August 31.
    (3) 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.
    (4) Nothing in the program may limit or initiate management actions 
on

[[Page 104]]

Federal land without concurrence of the Federal agency with 
jurisdiction.
    (5) States and Tribes must designate participants who must operate 
under the conditions of the managed take program.
    (6) States and Tribes must inform participants of the requirements/
conditions of the program that apply.
    (7) States and Tribes must keep annual records of activities carried 
out under the authority of the program. Specifically, information must 
be collected on:
    (i) The number of individuals participating in the program;
    (ii) The number of days individuals participated in the program;
    (iii) The total number of resident Canada geese shot and retrieved 
during the program; and
    (iv) The number of resident Canada geese shot but not retrieved. The 
States and Tribes must submit an annual report summarizing activities 
conducted under the program and an assessment of the continuation of the 
injuries on or before June 1 of each year to the Chief, Division of 
Migratory Bird Management, 4401 North Fairfax Drive, ms-MBSP-4107, 
Arlington, Virginia 22203.
    (e) What is required for individuals to participate in the program? 
Individual participants in State and Tribal programs covered by the 
managed take program must comply with the following requirements:
    (1) Participants must comply with all applicable State and Tribal 
laws or regulations including possession of whatever permit(s) or other 
authorization(s) may be required by the State or Tribal government 
concerned.
    (2) Participants who take resident Canada geese under the program 
may not sell or offer for sale those birds or their plumage, but may 
possess, transport, and otherwise properly use them.
    (3) Participants must permit at all reasonable times, including 
during actual operations, any Service special agent or refuge officer, 
State or Tribal wildlife or deputy wildlife agent, warden, protector, or 
other wildlife 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 may take resident Canada 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 paraplegic 
persons 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 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. No person may take 
resident Canada 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 resident Canada 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 resident Canada 
geese.
    (vii) 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 as described in Sec. 20.11(j) and (k) of this part. Resident 
Canada geese may not be taken on or over lands or areas that are baited 
areas, and where grain or

[[Page 105]]

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 as 
described in Sec. 20.11(h) and (l) of this part. However, nothing in 
this paragraph prohibits the taking of resident Canada geese on or over 
the following lands or areas that are not otherwise baited areas:
    (A) 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 as 
described in Sec. 20.11(g), (i), (l), and (m) of this part;
    (B) From a blind or other place of concealment camouflaged with 
natural vegetation;
    (C) 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
    (D) 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.
    (E) Participants may not possess shot (either in shotshells or as 
loose shot for muzzleloading) other than steel shot, bismuth-tin, 
tungsten-iron, tungsten-polymer, tungsten-matrix, tungsten-nickel iron, 
or other shots that are authorized in Sec. 20.21(j) of this part.
    (f) Under what conditions would we suspend the managed take program? 
Following authorization by the Director, we will annually assess the 
overall impact and effectiveness of the program on resident Canada goose 
populations to ensure compatibility with long-term conservation of this 
resource. If at any time evidence is presented that clearly demonstrates 
that resident Canada geese populations no longer need to be reduced in 
order to allow resolution or prevention of injury to people, property, 
agricultural crops, or other interests, the Director, in writing, will 
suspend the program for the resident Canada goose population in 
question. However, resumption of injuries caused by growth of the 
population and not otherwise addressable by the methods available in 
part 21 may warrant reinstatement of such regulations. A State must 
reapply for approval, including the same information and discussions 
noted in 21.61(d). Depending on the location of the injury or threat or 
injury, the Director, in writing, may suspend or reinstate this 
authorization for one or more resident Canada goose populations, but not 
others.
    (g) What population information is the State or Tribe required to 
collect concerning the resident Canada goose managed take program? 
Participating States and Tribes must provide an annual estimate of the 
breeding population and distribution of resident Canada geese in their 
State. The States and Tribes must submit this estimate on or before 
August 1 of each year, to the Chief, Division of Migratory Bird 
Management, 4401 N. Fairfax Dr., MBSP-4107, Arlington, Virginia 22203.
    (h) What are the general program conditions and restrictions? The 
program is subject to the conditions elsewhere in this section, and, 
unless otherwise specifically authorized, the following conditions:
    (1) Nothing in this section applies to any Federal land within a 
State's or Tribe's boundaries without written permission of the Federal 
agency with jurisdiction.
    (2) States may not undertake any actions 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. Persons operating under this section must immediately 
report the take of any species protected under the Endangered Species 
Act to the Service. Further, to protect certain species from being 
adversely affected by management actions, States must:
    (i) Follow the Federal State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest; and

[[Page 106]]

    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities.
    (i) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the program? OMB has approved the 
information collection and recordkeeping requirements of the program 
under OMB control number 1018-0133. We may not conduct or sponsor, and 
you are not required to respond to, a collection of information unless 
it displays a currently valid OMB control number. You may send comments 
on the information collection and recordkeeping requirements to the 
Service's Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, MS 222--ARLSQ, 1849 C Street, NW., Washington, DC 
20240.

[71 FR 45992, Aug. 10, 2006, as amended by 72 FR 46409, Aug. 20, 2007]



PART 22_EAGLE PERMITS--Table of Contents




                         Subpart A_Introduction

Sec.
22.1 What is the purpose of this part?
22.2 What activities does this part apply to?
22.3 Definitions.
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



Sec. 22.1  What is the purpose of this part?

    This part controls the taking, possession, and transportation within 
the United States of bald and golden eagles for scientific, educational, 
and depredation control purposes and for the religious purposes of 
American Indian tribes. This part also governs the transportation into 
or out of the United States of bald and golden eagle parts for 
scientific, educational, and Indian religious purposes. The import, 
export, purchase, sale, trade, or barter of bald and golden eagles, or 
their parts, nests, or eggs is prohibited.

[64 FR 50472, Sept. 17, 1999]



Sec. 22.2  What activities does this part apply to?

    (a)(1) You can possess or transport within the United States, 
without a Federal permit:
    (i) Any live or dead bald eagles, or their parts, nests, or eggs 
that were lawfully acquired before June 8, 1940; and
    (ii) Any live or dead golden eagles, or their parts, nests, or eggs 
that were lawfully acquired before October 24, 1962.
    (2) You may not transport into or out of the United States, import, 
export, purchase, sell, trade, barter, or offer for purchase, sale, 
trade, or barter bald or golden eagles, or their parts, nests, or eggs 
of these lawfully acquired pre-act birds. However, you may transport 
into or out of the United States any lawfully acquired dead bald or 
golden eagles, their parts, nests, or dead eagles, if you acquire a 
permit issued under Sec. 22.22 of this part.
    (3) No exemption from any statute or regulation will apply to any 
offspring of these pre-act birds.
    (4) You must mark all shipments containing bald or golden eagles, 
alive or dead, their parts, nests, or eggs as directed in Sec. 14.81 of 
this subchapter. The markings must contain the name and address of the 
person the shipment is going to, the name and address of the person the 
shipment is coming from, an

[[Page 107]]

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

[39 FR 1183, Jan. 4, 1974, as amended at 64 FR 50472, Sept. 17, 1999]



Sec. 22.3  Definitions.

    In addition to definitions contained in part 10 of this subchapter, 
the following definitions apply within 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.
    Disturb means to agitate or bother a bald or golden eagle to a 
degree that causes, or is likely to cause, based on the best scientific 
information available, (1) injury to an eagle, (2) a decrease in its 
productivity, by substantially interfering with normal breeding, 
feeding, or sheltering behavior, or (3) nest abandonment, by 
substantially interfering with normal breeding, feeding, or sheltering 
behavior.
    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; 72 FR 31139, June 5, 2007]



Sec. 22.4  Information collection requirements.

    (a) The Office of Management and Budget approved the information 
collection requirements contained in this part 22 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0022. The Service may not conduct 
or sponsor, and you are not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. We 
are collecting this information to provide information necessary to 
evaluate permit applications. We will use this information to review 
permit applications and

[[Page 108]]

make decisions, according to criteria established in the Bald and Golden 
Eagle Protection Act and its regulations, on the issuance, suspension, 
revocation, or denial of permits. You must respond to obtain or retain a 
permit.
    (b) We estimate the public reporting burden for these reporting 
requirements to vary from 1 to 4 hours per response, with an average of 
1 hour per response, including time for reviewing instructions, 
gathering and maintaining data, and completing and reviewing the forms. 
Direct comments regarding the burden estimate or any other aspect of 
these reporting requirements to the Service Information Collection 
Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service, 
Washington, DC 20240, or the Office of Management and Budget, Paperwork 
Reduction Project (1018-0022), Washington, DC 20603.

[63 FR 52637, Oct. 1, 1998]



                     Subpart B_General Requirements



Sec. 22.11  What is the relationship to other permit requirements?

    You may not take, possess, or transport any bald eagle (Haliaeetus 
leucocephalus) or any golden eagle (Aquila chrysaetos), or the parts, 
nests, or eggs of such birds, except as allowed by a valid permit issued 
under this part, 50 CFR part 13, and/or 50 CFR part 21 as provided by 
Sec. 21.2, 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, as amended at 68 FR 61140, Oct. 27, 2003]



Sec. 22.12  What activities are illegal?

    (a) You may not sell, purchase, barter, trade, import, or export, or 
offer for sale, purchase, barter, or trade, at any time or in any 
manner, any bald eagle (Haliaeetus leucocephalus), or any golden eagle 
(Aquila chrysaetos), or the parts, nests, or eggs of these birds, and we 
will not issue a permit to authorize these acts.
    (b) You may not transport into or out of the United States any live 
bald or golden eagle, or any live egg of those birds, and we will not 
issue a permit to authorize these acts.

[64 FR 50472, Sept. 17, 1999]



                         Subpart C_Eagle Permits



Sec. 22.21  What are the requirements concerning scientific and 

exhibition purpose permits?

    We may, under the provisions of this section, issue a permit 
authorizing the taking, possession, transportation within the United 
States, or transportation into or out of the United States of lawfully 
possessed bald eagles or golden eagles, or their parts, nests, or eggs 
for the scientific or exhibition purposes of public museums, public 
scientific societies, or public zoological parks. We will not issue a 
permit under this section that authorizes the transportation into or out 
of the United States of any live bald or golden eagles, or any live eggs 
of these birds.
    (a) How do I apply if I want a permit for scientific and exhibition 
purposes? (1) You must submit applications for permits to take, possess, 
or transport within the United States lawfully acquired live or dead 
bald or golden eagles, or their parts, nests, or live or dead eggs for 
scientific or exhibition purposes to the appropriate Regional Director--
Attention: Migratory Bird Permit Office. You can find addresses

[[Page 109]]

for the Regional Directors in 50 CFR 2.2.
    (2) If you want a permit to transport into or out of the United 
States any lawfully acquired dead bald or golden eagles or their parts, 
nests, or dead eggs for scientific or exhibition purposes, you must 
submit your application to the Office of Management Authority. Your 
application must contain all the information necessary for the issuance 
of a CITES permit. You must also comply with all the requirements in 
part 23 of this subchapter before international travel. Mail should be 
addressed to: Office of Management Authority, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Room 700, Arlington, VA, 22203.
    (3) Your application for any permit under this section must also 
contain the information required under this section, Sec. 13.12(a) of 
this subchapter, and the following information:
    (i) Species of eagle and number of such birds, nests, or eggs 
proposed to be taken, possessed, or transported;
    (ii) Specific locality in which taking is proposed, if any;
    (iii) Method taking proposed, if any;
    (iv) If not taken, the source of eagles and other circumstances 
surrounding the proposed acquisition or transportation;
    (v) Name and address of the public museum, public scientific 
societies, or public zoological park for which they are intended;
    (vi) Complete explanation and justification of request, nature of 
project or study, number of specimens now at institution, reason these 
are inadequate, and other appropriate explanations.
    (b) What are the conditions? In addition to the general conditions 
in part 13 of this subchapter B, permits to take, possess, transport 
within the United States, or transport into or out of the United States 
bald or golden eagles, or their parts, nests, or eggs for scientific or 
exhibition purposes, are also subject to the following condition: In 
addition to any reporting requirement specifically noted in the permit, 
you must submit a report of activities conducted under the permit to the 
Regional Director--Attention: Migratory Bird Permit Office, within 30 
days after the permit expires.
    (c) How do we evaluate your application for a permit? We will 
conduct an investigation and will only issue a permit to take, possess, 
transport within the United States, or transport into or out of the 
United States bald or golden eagles, or their parts, nests, or eggs for 
scientific or exhibition purposes when we determine that the taking, 
possession, or transportation is compatible with the preservation of the 
bald eagle and golden eagle. In making this determination, we will 
consider, among other criteria, the following:
    (1) The direct or indirect effect which issuing such permit would be 
likely to have upon the wild populations of bald and golden eagles;
    (2) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate to successfully accomplish the 
objectives stated in the application;
    (3) Whether the justification of the purpose for which the permit is 
being requested is adequate to justify the removal of the eagle from the 
wild or otherwise change its status; and
    (4) Whether the applicant has demonstrated that the permit is being 
requested for bona fide scientific or exhibition purposes of public 
museums, public scientific societies, or public zoological parks.
    (d) Tenure of permits. The tenure of permits to take bald or golden 
eagles for scientific or exhibition purposes shall be that shown on the 
face of the permit.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50472, Sept. 17, 1999]



Sec. 22.22  What are the requirements concerning permits for Indian

religious purposes?

    We will issue a permit only to members of Indian entities recognized 
and eligible to receive services from the United States Bureau of Indian 
Affairs listed under 25 U.S.C. 479a-1 engaged in religious activities 
who satisfy all the issuance criteria of this section. We may, under the 
provisions of this section, issue a permit authorizing the taking, 
possession, and transportation within the United States, or 
transportation into or out of the United States

[[Page 110]]

of lawfully acquired bald eagles or golden eagles, or their parts, 
nests, or eggs for Indian religious use. We will not issue a permit 
under this section that authorizes the transportation into or out of the 
United States of any live bald or golden eagles, or any live eggs of 
these birds.
    (a) How do I apply if I want a permit for Indian regligious 
purposes? You must submit applications for permits to take, possess, 
transport within the United States, or transport into or out of the 
United States lawfully acquired bald or golden eagles, or their parts, 
nests, or eggs for Indian religious use to the appropriate Regional 
Director--Attention: Migratory Bird Permit Office. You can find 
addresses for the appropriate Regional Directors in 50 CFR 2.2. If you 
are applying for a permit to transport into or out of the United States, 
your application must contain all the information necessary for the 
issuance of a CITES permit. You must comply with all the requirements in 
part 23 of this subchapter before international travel. Your application 
for any permit under this section must also contain the information 
required under this section, Sec. 13.12(a) of this subchapter, and the 
following information:
    (1) Species and number of eagles or feathers proposed to be taken, 
or acquired by gift or inheritance.
    (2) State and local area where the taking is proposed to be done, or 
from whom acquired.
    (3) Name of tribe with which applicant is associated.
    (4) Name of tribal religious ceremony(ies) for which required.
    (5) You must attach a certification of enrollment in an Indian tribe 
that is federally recognized under the Federally Recognized Tribal List 
Act of 1994, 25 U.S.C. 479a-1, 108 Stat. 4791 (1994). The certificate 
must be signed by the tribal official who is authorized to certify that 
an individual is a duly enrolled member of that tribe, and must include 
the official title of that certifying official.
    (b) What are the permit conditions? In addition to the general 
conditions in part 13 of this subchapter B, permits to take, possess, 
transport within the United States, or transport into or out of the 
United States bald or golden eagles, or their parts, nests or eggs for 
Indian religious use are subject to the following conditions:
    (1) Bald or golden eagles or their parts possessed under permits 
issued pursuant to this section are not transferable, except such birds 
or their parts may be handed down from generation to generation or from 
one Indian to another in accordance with tribal or religious customs; 
and
    (2) You must submit reports or inventories, including photographs, 
of eagle feathers or parts on hand as requested by the issuing office.
    (c) How do we evaluate your application for a permit? We will 
conduct an investigation and will only issue a permit to take, possess, 
transport within the United States, or transport into or out of the 
United States bald or golden eagles, or their parts, nests or eggs, for 
Indian religious use when we determine that the taking, possession, or 
transportation is compatible with the preservation of the bald and 
golden eagle. In making a determination, we will consider, among other 
criteria, the following:
    (1) The direct or indirect effect which issuing such permit would be 
likely to have upon the wild populations of bald or golden eagles; and
    (2) Whether the applicant is an Indian who is authorized to 
participate in bona fide tribal religious ceremonies.
    (d) How long are the permits valid? We are authorized to amend, 
suspend, or revoke any permit that is issued under this section (see 
Sec. Sec. 13.23, 13.27, and 13.28 of this subchapter).
    (1) A permit issued to you that authorizes you to take bald or 
golden eagles will be valid during the period specified on the face of 
the permit, but will not be longer than 1 year from the date it is 
issued.
    (2) A permit issued to you that authorizes you to transport and 
possess bald or golden eagles or their parts, nests, or eggs within the 
United States will be valid for your lifetime.
    (3) A permit authorizing you to transport dead bald eagles or golden 
eagles, or their parts, nests, or dead eggs into or out of the United 
States can be used for multiple trips to or from the United States, but 
no trip can be longer than 180 days. The permit

[[Page 111]]

will be valid during the period specified on the face of the permit, not 
to exceed 3 years from the date it is issued.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50473, Sept. 17, 1999]



Sec. 22.23  What are the requirements for permits to take depredating 

eagles?

    (a) How do I apply for a permit? You must submit applications for 
permits to take depredating bald or golden eagles to the appropriate 
Regional Director--Attention: Migratory Bird Permit Office. You can find 
addresses for the appropriate Regional Directors in 50 CFR 2.2. Your 
application must contain the information and certification required by 
Sec. 13.12(a) of this subchapter, and the following additional 
information:
    (1) Species and number of eagles proposed to be taken;
    (2) Location and description of property where taking is proposed;
    (3) Inclusive dates for which permit is requested;
    (4) Method of taking proposed;
    (5) Kind and number of livestock or domestic animals owned by 
applicant;
    (6) Kind and amount of alleged damaged; and
    (7) Name, address, age, and business relationship with applicant of 
any person the applicant proposes to act for him as his agent in the 
taking of such eagles.
    (b) What are the permit conditions? In addition to the general 
conditions set forth in part 13 of this subchapter B, permits to take 
depredating bald or golden eagles shall be subject to the following 
conditions:
    (1) Bald or golden eagles may be taken under permit by firearms, 
traps, or other suitable means except by poison or from aircraft;
    (2) The taking of eagles under permit may be done only by the 
permittee or his agents named in the permit;
    (3) Any eagle taken under authority of such permit will be promptly 
turned over to a Service agent or other game law enforcement officer 
designated in the permit; and
    (4) In addition to any reporting requirement on a permit, you must 
submit a report of activities conducted under the permit to the 
appropriate Regional Director--Attention: Migratory Bird Permit Office 
within 10 days following completion of the taking operations or the 
expiration of the permit, whichever occurs first.
    (c) Issuance criteria. The Director shall conduct an investigation 
and not issue a permit to take depredating bald or golden eagles unless 
he has determined that such taking is compatible with the preservation 
of the bald or golden eagle. In making such determination the Director 
shall consider the following:
    (1) The direct or indirect effect which issuing such permit would be 
likely to have upon the wild population of bald or golden eagles;
    (2) Whether there is evidence to show that bald or golden eagles 
have in fact become seriously injurious to wildlife or to agriculture or 
other interests in the particular locality to be covered by the permit, 
and the injury complained of is substantial; and
    (3) Whether the only way to abate the damage caused by the bald or 
golden eagle is to take some or all of the offending birds.
    (d) Tenure of permits. The tenure of any permit to take bald or 
golden eagles for depredation control purposes shall be that shown on 
the face thereof, and shall in no case be longer than 90 days from date 
of issue.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50473, Sept. 17, 1999]



Sec. 22.24  Permits for falconry purposes.

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
the possession and transportation of golden eagles for falconry 
purposes.
    (a) Application procedures. Submit applications for permits to 
possess and transport golden eagles for falconry purposes to the 
appropriate Regional Director (Attention: Migratory bird permit office). 
You can find addresses for the Regional Directors in 50 CFR 2.2. Each 
application must contain the general information and certification 
required in Sec. 13.12(a) of this subchapter, and the following 
additional information:
    (1) A copy of the applicant's master (or equivalent) class permit 
issued in accordance with 50 CFR 21.28.

[[Page 112]]

    (2) A statement of the applicant's experience in handling large 
raptors, including the species, type of experience and duration of the 
activity in which the experience was acquired.
    (3) At least two (2) letters of reference from individuals with 
recognized experience in handling and/or flying eagles. Each letter must 
contain a concise history of the author's experience with eagles. Eagle 
handling experience is defined as, but is not limited to, the handling 
of pre-Act birds, zoological specimens, rehabilitating eagles, or 
scientific studies involving eagles. Each letter must also assess the 
applicant's capability to properly care for the fly golden eagles in 
falconry, and recommend the issuance or denial of the permit.
    (4) A description of the facilities in which golden eagles will be 
housed.
    (5) If requesting an eagle(s) from the Service, applicants must 
specify the sex, age and condition of the eagle(s) they will accept.
    (6) For eagles already legally possessed, a copy of the permit or 
other documentation authorizing possession of said birds, and the 
procedures to be used to minimize or eliminate hazards associated with 
the use of imprinted birds in falconry.
    (7) Name, address, age and experience in handling raptors of any 
person the applicant proposes to act as an authorized agent in taking 
possession of golden eagles provided by the Service.
    (8) To obtain additional or replacement golden eagles, a request in 
writing to the appropriate special agent in charge must be tendered, 
identifying the existing permit and, for replacement eagles, the reason 
for such replacement.
    (b) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter B, permits to possess and transport 
golden eagles for falconry purposes are subject to the following 
conditions:
    (1) Golden eagles possessed for falconry purposes are considered as 
raptors and must be maintained in accordance with Federal falconry 
standards described in Sec. Sec. 21.28 and 21.29 of this subchapter.
    (2) Only golden eagles legally obtained may be possessed and 
transported for falconry purposes.
    (3) Captive breeding of golden eagles possessed for falconry 
purposes is prohibited.
    (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.

[[Page 113]]

    (2) The applicant's demonstrated ability to handle and care for 
large raptors.
    (3) Information contained in the applicant's letters of reference.
    (e) Tenure of permits. Any permit to possess and transport golden 
eagles for falconry purposes is valid for as long as the holder 
maintains a valid master (or equivalent) class falconry permit or until 
revoked in writing by the Service.
    (f) Permission to trap golden eagles for falconry purposes. 
Applicants desiring to trap golden eagles from the wild for use in 
falconry must request and obtain permission from the Service prior to 
exercising this privilege. The following applies to requests:
    (1) Only golden eagles from a specified depredation area may be 
trapped for falconry purposes.
    (2) Permission to trap golden eagles must be requested in writing 
from the appropriate State Animal Damage Control (ADC) supervisor 
subsequent to issuance of the permit to possess and transport golden 
eagles for falconry purposes.
    (3) Permission to trap will not be granted until the permittee 
suitably demonstrates to the State ADC supervisor or a designated 
project leader his/her qualifications and capabilities to trap golden 
eagles from the wild.
    (4) All such trapping must be conducted under the direct supervision 
of the State ADC supervisor or designated project leader in the 
specified depredation area.
    (5) Any permission to trap golden eagles from the wild pursuant to 
this section shall in no case extend more than 90 days from the date of 
issue.
    (6) Upon issuance of permission to trap in accordance with the above 
conditions, the appropriate special agent in charge will be notified in 
writing by the State ADC supervisor of the individual's name, address, 
location of the specified depredation area and tenure of permission to 
trap golden eagles.

(The information collection requirements approved by the Office of 
Management and Budget under control number 1018-0022. The information is 
necessary to determine potential permittee's qualifications and is 
required to obtain a permit)

[49 FR 891, Jan. 6, 1984, as amended at 63 FR 52638, Oct. 1, 1998]



Sec. 22.25  What are the requirements concerning permits to take

golden eagle nests?

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
any person to take golden eagle nests during a resource development or 
recovery operation when the nests are inactive, if the taking is 
compatible with the preservation of the area nesting population of 
golden eagles. The information collection requirements contained within 
this section have been approved by the Office of Management and Budget 
under 44 U.S.C. 3507 and assigned clearance number 1018-0022. This 
information is being collected to provide information necessary to 
evaluate permit applications. This information will be used to review 
permit applications and make decisions, according to the criteria 
established in this section for the issuance or denial of such permits. 
The obligation to respond is required to obtain or retain a permit.
    (a) How do I apply for a permit to take golden eagle nests? You must 
submit applications for permits to take golden eagle nests to the 
appropriate Regional Director--Attention: Migratory Bird Permit Office. 
You can find addresses for the appropriate Regional Directors in 50 CFR 
2.2. We will only accept applications if you are engaged in a resource 
development or recovery operation, including the planning and permitting 
stages of an operation. Your application must contain the general 
information and certification required by Sec. 13.12(a) of this chapter 
plus the following additional information:
    (1) A description of the resource development or recovery operation 
in which the applicant is engaged;
    (2) The number of golden eagle nests proposed to be taken;

[[Page 114]]

    (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;

[[Page 115]]

    (5) Whether feasible mitigation measures compatible with the 
resource development or recovery operation are available to encourage 
golden eagles to reoccupy the resource development or recovery site. 
Mitigation measures may include reclaiming disturbed land to enhance 
golden eagle nesting and foraging habitat, relocating in suitable 
habitat any golden eagle nest taken, or establishing one or more nest 
sites; and
    (6) Whether the area nesting population is widely dispersed or 
locally concentrated.
    (d) Tenure of permits. The tenure of any permit to take golden eagle 
nests is 2 years from the date of issuance, unless a shorter period of 
time is prescribed on the face of the permit. Permits may be renewed in 
accordance with part 13 of this chapter.

[48 FR 57300, Dec. 29, 1983, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50474, Sept. 17, 1999]



          Subpart D_Depredation Control Orders on Golden Eagles



Sec. 22.31  Golden eagle depredations control order on request 

of Governor of a State.

    (a) Whenever the Governor of any State requests permission to take 
golden eagles to seasonally protect domesticated flocks and herds in 
such State, the Director shall make an investigation and if he 
determines that such taking is necessary to and will seasonally protect 
domesticated flocks and herds in such States he shall authorize such 
taking in whatever part or parts of the State and for such periods as he 
determines necessary to protect such interests.
    (b) Requests from the Governor of a State to take golden eagles to 
seasonally protect domesticated flocks and herds must be submitted in 
writing to the Director listing the periods of time during which the 
taking of such birds is recommended, and including a map of the State 
indicating the boundaries of the proposed area of taking. Such requests 
should include a statement of the facts and the source of such facts 
that in the Governor's opinion justifies the request. After a decision 
by the Director, the Governor will be advised in writing concerning the 
request and a notice will be published in the Federal Register.



Sec. 22.32  Conditions and limitations on taking under depredation

control order.

    (a) Whenever the taking of golden eagles without a permit is 
authorized for the seasonal protection of livestock, such birds may be 
taken by firearms, traps, or other suitable means except by poison or 
from aircraft.
    (b) Any person exercising any of the privileges granted by this 
subpart D must permit all reasonable times, including during actual 
operations, any Service agent, or other game law enforcement officer 
free and unrestricted access over the premises on which such operations 
have been or are being conducted; and shall furnish promptly to such 
officer whatever information he may require concerning such operations.
    (c) The authority to take golden eagles under a depredations control 
order issued pursuant to this subpart D only authorizes the taking of 
golden eagles when necessary to seasonally protect domesticated flocks 
and herds, and all such birds taken must be reported and turned over to 
a local Bureau Agent.



PART 23_CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF 

WILD FAUNA AND FLORA (CITES)--Table of Contents




                         Subpart A_Introduction

Sec.
23.1 What are the purposes of these regulations and CITES?
23.2 How do I decide if these regulations apply to my shipment or me?
23.3 What other wildlife and plant regulations may apply?
23.4 What are Appendices I, II, and III?
23.5 How are the terms used in these regulations defined?
23.6 What are the roles of the Management and Scientific Authorities?
23.7 What office do I contact for CITES information?
23.8 What are the information collection requirements?

          Subpart B_Prohibitions, Exemptions, and Requirements

23.13 What is prohibited?
23.14 [Reserved]

[[Page 116]]

23.15 How may I travel internationally with my personal or household 
          effects, including tourist souvenirs?
23.16 What are the U.S. CITES requirements for urine, feces, and 
          synthetically derived DNA?
23.17 What are the requirements for CITES specimens traded 
          internationally by diplomatic, consular, military, and other 
          persons exempt from customs duties or inspections?
23.18 What CITES documents are required to export Appendix-I wildlife?
23.19 What CITES documents are required to export Appendix-I plants?
23.20 What CITES documents are required for international trade?
23.21 What happens if a country enters a reservation for a species?
23.22 What are the requirements for in-transit shipments?
23.23 What information is required on U.S. and foreign CITES documents?
23.24 What code is used to show the source of the specimen?
23.25 What additional information is required on a non-Party CITES 
          document?
23.26 When is a U.S. or foreign CITES document valid?
23.27 What CITES documents do I present at the port?

       Subpart C_Application Procedures, Criteria, and Conditions

23.32 How do I apply for a U.S. CITES document?
23.33 How is the decision made to issue or deny a request for a U.S. 
          CITES document?
23.34 What kinds of records may I use to show the origin of a specimen 
          when I apply for a U.S. CITES document?
23.35 What are the requirements for an import permit?
23.36 What are the requirements for an export permit?
23.37 What are the requirements for a re-export certificate?
23.38 What are the requirements for a certificate of origin?
23.39 What are the requirements for an introduction-from-the-sea 
          certificate?
23.40 What are the requirements for a certificate for artificially 
          propagated plants?
23.41 What are the requirements for a bred-in-captivity certificate?
23.42 What are the requirements for a plant hybrid?
23.43 What are the requirements for a wildlife hybrid?
23.44 What are the requirements to travel internationally with my 
          personally owned live wildlife?
23.45 What are the requirements for a pre-Convention specimen?
23.46 What are the requirements for registering a commercial breeding 
          operation for Appendix-I wildlife and commercially exporting 
          specimens?
23.47 What are the requirements for export of an Appendix-I plant 
          artificially propagated for commercial purposes?
23.48 What are the requirements for a registered scientific institution?
23.49 What are the requirements for an exhibition traveling 
          internationally?
23.50 What are the requirements for a sample collection covered by an 
          ATA carnet?
23.51 What are the requirements for issuing a partially completed CITES 
          document?
23.52 What are the requirements for replacing a lost, damaged, stolen, 
          or accidentally destroyed CITES document?
23.53 What are the requirements for obtaining a retrospective CITES 
          document?
23.54 How long is a U.S. or foreign CITES document valid?
23.55 How may I use a CITES specimen after import into the United 
          States?
23.56 What U.S. CITES document conditions do I need to follow?

         Subpart D_Factors Considered in Making Certain Findings

23.60 What factors are considered in making a legal acquisition finding?
23.61 What factors are considered in making a non-detriment finding?
23.62 What factors are considered in making a finding of not for 
          primarily commercial purposes?
23.63 What factors are considered in making a finding that an animal is 
          bred in captivity?
23.64 What factors are considered in making a finding that a plant is 
          artificially propagated?
23.65 What factors are considered in making a finding that an applicant 
          is suitably equipped to house and care for a live specimen?

           Subpart E_International Trade in Certain Specimens

23.68 How can I trade internationally in roots of American ginseng?
23.69 How can I trade internationally in fur skins and fur skin products 
          of bobcat, river otter, Canada lynx, gray wolf, and brown 
          bear?
23.70 How can I trade internationally in American alligator and other 
          crocodilian skins, parts, and products?
23.71 How can I trade internationally in sturgeon caviar?
23.72 How can I trade internationally in plants?
23.73 How can I trade internationally in timber?

[[Page 117]]

23.74 How can I trade internationally in personal sport-hunted trophies?

          Subpart F_Disposal of Confiscated Wildlife and Plants

23.78 What happens to confiscated wildlife and plants?
23.79 How may I participate in the Plant Rescue Center Program?

                     Subpart G_CITES Administration

23.84 What are the roles of the Secretariat and the committees?
23.85 What is a meeting of the Conference of the Parties (CoP)?
23.86 How can I obtain information on a CoP?
23.87 How does the United States develop documents and negotiating 
          positions for a CoP?
23.88 What are the resolutions and decisions of the CoP?

                       Subpart H_Lists of Species

23.89 What are the criteria for listing species in Appendix I or II?
23.90 What are the criteria for listing species in Appendix III?
23.91 How do I find out if a species is listed?
23.92 Are any wildlife or plants, and their parts, products, or 
          derivatives, exempt?

    Authority: Convention on International Trade in Endangered Species 
of Wild Fauna and Flora (March 3, 1973), 27 U.S.T. 1087; and Endangered 
Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.

    Source: 72 FR 48448, Aug. 23, 2007, unless otherwise noted.



                         Subpart A_Introduction



Sec. 23.1  What are the purposes of these regulations and CITES?

    (a) Treaty. The regulations in this part implement the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora, also 
known as CITES, the Convention, the Treaty, or the Washington 
Convention, TIAS (Treaties and Other International Acts Series) 8249.
    (b) Purpose. The aim of CITES is to regulate international trade in 
wildlife and plants, including parts, products, and derivatives, to 
ensure it is legal and does not threaten the survival of species in the 
wild. Parties, recognize that:
    (1) Wildlife and plants are an irreplaceable part of the natural 
systems of the earth and must be protected for this and future 
generations.
    (2) The value of wildlife and plants is ever-growing from the 
viewpoints of aesthetics, science, culture, recreation, and economics.
    (3) Although countries should be the best protectors of their own 
wildlife and plants, international cooperation is essential to protect 
wildlife and plant species from over-exploitation through international 
trade.
    (4) It is urgent that countries take appropriate measures to prevent 
illegal trade and ensure that any use of wildlife and plants is 
sustainable.
    (c) National legislation. We, the U.S. Fish and Wildlife Service 
(FWS), implement CITES through the Endangered Species Act (ESA).



Sec. 23.2  How do I decide if these regulations apply to my shipment 

or me?

    Answer the following questions to decide if the regulations in this 
part apply to your proposed activity:

------------------------------------------------------------------------
    Question on proposed activity              Answer and action
------------------------------------------------------------------------
(a) Is the wildlife or plant species   (1) YES. Continue to paragraph
 (including parts, products,            (b) of this section.
 derivatives, whether wild-collected,  (2) NO. The regulations in this
 or born or propagated in a             part do not apply.
 controlled environment) listed in
 Appendix I, II, or III of CITES (see
 Sec.  23.91)?
------------------------------------------------------------------------
(b) Is the wildlife or plant specimen  (1) YES. The regulations in this
 exempted from CITES (see Sec.         part do not apply.
 23.92)?                               (2) NO. Continue to paragraph (c)
                                        of this section.
------------------------------------------------------------------------
(c) Do you want to import, export, re- (1) YES. The regulations in this
 export, engage in international        part apply.
 trade, or introduce from the sea?     (2) NO. Continue to paragraph (d)
                                        of this section.
------------------------------------------------------------------------
(d) Was the specimen that you possess  (1) YES. The regulations in this
 or want to enter into intrastate or    part apply. See Sec.  23.13(c)
 interstate commerce unlawfully         and (d) and sections 9(c)(1) and
 acquired, illegally traded, or         11(a) and (b) of the ESA (16
 otherwise subject to conditions set    U.S.C. 1538(c)(1) and 1540(a)
 out on a CITES document that           and (b)).
 authorized import?                    (2) NO. The regulations in this
                                        part do not apply.
------------------------------------------------------------------------


[[Page 118]]



Sec. 23.3  What other wildlife and plant regulations may apply?

    (a) You may need to comply with other regulations in this subchapter 
that require a permit or have additional restrictions. Many CITES 
species are also covered by one or more parts of this subchapter or 
title and have additional requirements:
    (1) Part 15 (exotic birds).
    (2) Part 16 (injurious wildlife).
    (3) Parts 17 of this subchapter and 222, 223, and 224 of this title 
(endangered and threatened species).
    (4) Parts 18 of this subchapter and 216 of this title (marine 
mammals).
    (5) Part 20 (migratory bird hunting).
    (6) Part 21 (migratory birds).
    (7) Part 22 (bald and golden eagles).
    (b) If you are applying for a permit, you must comply with the 
general permit procedures in part 13 of this subchapter. Definitions and 
a list of birds protected under the Migratory Bird Treaty Act can be 
found in part 10 of this subchapter.
    (c) If you are importing (including introduction from the sea), 
exporting, or re-exporting wildlife or plants, you must comply with the 
regulations in part 14 of this subchapter for wildlife or part 24 of 
this subchapter for plants. Activities with plants are also regulated by 
the U.S. Department of Agriculture, Animal and Plant Health Inspection 
Service (APHIS) and Department of Homeland Security, U.S. Customs and 
Border Protection (CBP), in 7 CFR parts 319, 355, and 356.
    (d) You may also need to comply with other Federal, State, tribal, 
or local requirements.



Sec. 23.4  What are Appendices I, II, and III?

    Species are listed by the Parties in one of three Appendices to the 
Treaty (see subpart H of this part), each of which provides a different 
level of protection and is subject to different requirements. Parties 
regulate trade in specimens of Appendix-I, -II, and -III species and 
their parts, products, and derivatives through a system of permits and 
certificates (CITES documents). Such documents enable Parties to monitor 
the effects of the volume and type of trade to ensure trade is legal and 
not detrimental to the survival of the species.
    (a) Appendix I includes species threatened with extinction that are 
or may be affected by trade. Trade in Appendix-I specimens may take 
place only in exceptional circumstances.
    (b) Appendix II includes species that are not presently threatened 
with extinction, but may become so if their trade is not regulated. It 
also includes species that need to be regulated so that trade in certain 
other Appendix-I or -II species may be effectively controlled; these 
species are most commonly listed due to their similarity of appearance 
to other related CITES species.
    (c) Appendix III includes species listed unilaterally by a range 
country to obtain international cooperation in controlling trade.



Sec. 23.5  How are the terms used in these regulations defined?

    In addition to the definitions contained in part 10 of this 
subchapter, and unless the context otherwise requires, in this part:
    Affected by trade means that either a species is known to be in 
trade and the trade has or may have a detrimental impact on the status 
of the species, or a species is suspected to be in trade or there is 
demonstrable potential international demand for the species that may be 
detrimental to the survival of the species in the wild.
    Annotation means an official footnote to the listing of a species in 
the CITES Appendices. A reference annotation provides information that 
further explains the listing (such as ``p.e.'' for possibly extinct). A 
substantive annotation is an integral part of a species listing. It 
designates whether the listing includes or excludes a geographically 
separate population, subspecies, species, group of species, or higher 
taxon, and the types of specimens included in or excluded from the 
listing, such as certain parts, products, or derivatives. A substantive 
annotation may designate export quotas adopted by the CoP. For species 
transferred from Appendix I to II subject to an annotation relating to 
specified types of specimens, other types of specimens that are not 
specifically included in

[[Page 119]]

the annotation are treated as if they are Appendix-I specimens.
    Appropriate and acceptable destination, when used in an Appendix-II 
listing annotation for the export of, or international trade in, live 
animals, means that the Management Authority of the importing country 
has certified, based on advice from the Scientific Authority of that 
country, that the proposed recipient is suitably equipped to house and 
care for the animal (see criteria in Sec. 23.65). Such certification 
must be provided before a CITES document is issued by the Management 
Authority of the exporting or re-exporting country.
    Artificially propagated means a cultivated plant that meets the 
criteria in Sec. 23.64.
    ATA carnet means a type of international customs document (see Sec. 
23.50). ATA is a combination of the French and English words ``Admission 
Temporaire/Temporary Admission.''
    Bred for commercial purposes means any specimen of an Appendix-I 
wildlife species bred in captivity for commercial purposes. Any 
Appendix-I specimen that does not meet the definition of ``bred for 
noncommercial purposes'' is considered to be bred for commercial 
purposes.
    Bred for noncommercial purposes means any specimen of an Appendix-I 
wildlife species bred in captivity for noncommercial purposes, where 
each donation, exchange, or loan of the specimen is noncommercial and is 
conducted between facilities that are involved in a cooperative 
conservation program.
    Bred in captivity means wildlife that is captive-bred and meets the 
criteria in Sec. 23.63.
    Captive-bred means wildlife that is the offspring (first (F1) or 
subsequent generations) of parents that either mated or otherwise 
transferred egg and sperm under controlled conditions if reproduction is 
sexual, or of a parent that was maintained under controlled conditions 
when development of the offspring began if reproduction is asexual, but 
does not meet the bred-in-captivity criteria (see Sec. 23.63).
    Certificate means a CITES document or CITES exemption document that 
identifies on its face the type of certificate it is, including re-
export certificate, introduction-from-the-sea certificate, and 
certificate of origin.
    CITES document or CITES exemption document means any certificate, 
permit, or other document issued by a Management Authority of a Party or 
a competent authority of a non-Party whose name and address is on file 
with the Secretariat to authorize the international movement of CITES 
specimens.
    Commercial means related to an activity, including actual or 
intended import, export, re-export, sale, offer for sale, purchase, 
transfer, donation, exchange, or provision of a service, that is 
reasonably likely to result in economic use, gain, or benefit, 
including, but not limited to, profit (whether in cash or in kind).
    Cooperative conservation program means a program in which 
participating captive- breeding facilities produce Appendix-I specimens 
bred for noncommercial purposes and participate in or support a recovery 
activity for that species in cooperation with one or more of the 
species' range countries.
    Coral (dead) means pieces of coral in which the skeletons of the 
individual polyps are still intact, but which contain no living coral 
tissue.
    Coral fragments, including coral gravel and coral rubble, means 
loose pieces of broken finger-like coral between 2 and 30 mm in diameter 
that contain no living coral tissue (see Sec. 23.92 for exemptions).
    Coral (live) means pieces of coral that are alive.
    Coral rock means hard consolidated material greater than 30 mm in 
diameter that consists of pieces of coral and possibly also cemented 
sand, coralline algae, or other sedimentary rocks that contain no living 
coral tissue. Coral rock includes live rock and substrate, which are 
terms for pieces of coral rock to which are attached live specimens of 
other invertebrate species or coralline algae that are not listed in the 
CITES Appendices.
    Coral sand means material that consists entirely, or in part, of 
finely crushed coral no larger than 2 mm in diameter and that contains 
no living coral tissue (see Sec. 23.92 for exemptions).

[[Page 120]]

    Country of origin means the country where the wildlife or plant was 
taken from the wild or was born or propagated in a controlled 
environment, except in the case of a plant specimen that qualified for 
an exemption under the provisions of CITES, the country of origin is the 
country in which the specimen ceased to qualify for the exemption.
    Cultivar means a horticulturally derived plant variety that has been 
selected for specific morphological, physiological, or other 
characteristics, such as color, a large flower, or disease resistance.
    Cultivated means a plant grown or tended by humans for human use. A 
cultivated plant can be treated as artificially propagated under CITES 
only if it meets the criteria in Sec. 23.64.
    Export means to send, ship, or carry a specimen out of a country 
(for export from the United States, see part 14 of this subchapter).
    Flasked means plant material obtained in vitro, in solid or liquid 
media, transported in sterile containers.
    Household effect means a dead wildlife or plant specimen that is 
part of a household move and meets the criteria in Sec. 23.15.
    Hybrid means any wildlife or plant that results from a cross of 
genetic material between two separate taxa when one or both are listed 
in Appendix I, II, or III. See Sec. 23.42 for plant hybrids and Sec. 
23.43 for wildlife hybrids.
    Import means to bring, ship, or carry a specimen into a country (for 
import into the United States, see part 14 of this subchapter).
    International trade means the import, introduction from the sea, 
export, or re-export across jurisdictional or international boundaries 
for any purpose whether commercial or noncommercial.
    In-transit shipment means the transshipment of any wildlife or plant 
through an intermediary country when the specimen remains under customs 
control and either the shipment meets the requirements of Sec. 23.22 or 
the sample collection covered by an ATA carnet meets the requirements of 
Sec. 23.50.
    Introduction from the sea means transportation into a country of 
specimens of any species that were taken in the marine environment not 
under the jurisdiction of any country.
    ISO country code means the two-letter country code developed by the 
International Organization for Standardization (ISO) to represent the 
name of a country and its subdivisions.
    Live rock see the definition for coral rock.
    Management Authority means a governmental agency officially 
designated by, and under the supervision of, either a Party to implement 
CITES, or a non-Party to serve in the role of a Management Authority, 
including the issuance of CITES documents on behalf of that country.
    Noncommercial means related to an activity that is not commercial. 
Noncommercial includes, but is not limited to, personal use.
    Non-Party means a country that has not deposited an instrument of 
ratification, acceptance, approval, or accession to CITES with the 
Depositary Government (Switzerland), or a country that was a Party but 
subsequently notified the Depositary Government of its denunciation of 
CITES and the denunciation is in effect.
    Offspring of first generation (F1) means a wildlife specimen 
produced in a controlled environment from parents at least one of which 
was conceived in or taken from the wild.
    Offspring of second generation (F2) or subsequent generations means 
a wildlife specimen produced in a controlled environment from parents 
that were also produced in a controlled environment.
    Parental stock means the original breeding or propagating specimens 
that produced the subsequent generations of captive or cultivated 
specimens.
    Party means a country that has given its consent to be bound by the 
provisions of CITES by depositing an instrument of ratification, 
acceptance, approval, or accession with the Depositary Government 
(Switzerland), and for which such consent is in effect.
    Permit means a CITES document that identifies on its face import 
permit or export permit.
    Personal effect means a dead wildlife or plant specimen, including a 
tourist souvenir, that is worn as clothing or

[[Page 121]]

accessories or is contained in accompanying baggage and meets the 
criteria in Sec. 23.15.
    Personal use means use that is not commercial and is for an 
individual's own consumption or enjoyment.
    Precautionary measures means the actions taken that will be in the 
best interest of the conservation of the species when there is 
uncertainty about the status of a species or the impact of trade on the 
conservation of a species.
    Pre-Convention means a specimen that was acquired (removed from the 
wild or born or propagated in a controlled environment) before the date 
the provisions of the Convention first applied to the species and that 
meets the criteria in Sec. 23.45, and any product (including a 
manufactured item) or derivative made from such specimen.
    Primarily commercial purposes means an activity whose noncommercial 
aspects do not clearly predominate (see Sec. 23.62).
    Propagule means a structure, such as a cutting, seed, or spore, 
which is capable of propagating a plant.
    Readily recognizable means any specimen that appears from a visual, 
physical, scientific, or forensic examination or test; an accompanying 
document, packaging, mark, or label; or any other circumstances to be a 
part, product, or derivative of any CITES wildlife or plant, unless such 
part, product, or derivative is specifically exempt from the provisions 
of CITES or this part.
    Re-export means to send, ship, or carry out of a country any 
specimen previously imported into that country, whether or not the 
specimen has been altered since import.
    Reservation means the action taken by a Party to inform the 
Secretariat that it is not bound by the effect of a specific listing 
(see Sec. 23.21).
    Scientific Authority means a governmental or independent scientific 
institution or entity officially designated by either a Party to 
implement CITES, or a non-Party to serve the role of a Scientific 
Authority, including making scientific findings.
    Secretariat means the entity designated by the Treaty to perform 
certain administrative functions (see Sec. 23.84).
    Shipment means any CITES specimen in international trade whether for 
commercial or noncommercial use, including any personal item.
    Species means any species, subspecies, hybrid, variety, cultivar, 
color or morphological variant, or geographically separate population of 
that species.
    Specimen means any wildlife or plant, whether live or dead. This 
term includes any readily recognizable part, product, or derivative 
unless otherwise annotated in the Appendices.
    Sustainable use means the use of a species in a manner and at a 
level that maintains wild populations at biologically viable levels for 
the long term. Such use involves a determination of the productive 
capacity of the species and its ecosystem to ensure that utilization 
does not exceed those capacities or the ability of the population to 
reproduce, maintain itself, and perform its role or function in its 
ecosystem.
    Trade means the same as international trade.
    Transit see the definition for in-transit shipment.
    Traveling exhibition means a display of live or dead wildlife or 
plants for entertainment, educational, cultural, or other display 
purposes that is temporarily moving internationally.



Sec. 23.6  What are the roles of the Management and Scientific 

Authorities?

    Under Article IX of the Treaty, each Party must designate a 
Management and Scientific Authority to implement CITES for that country. 
If a non-Party wants to trade with a Party, it must also designate such 
Authorities. The names and addresses of these offices must be sent to 
the Secretariat to be included in the Directory. In the United States, 
different offices within the FWS have been designated the Scientific 
Authority and Management Authority, which for purposes of this section 
includes FWS Law Enforcement. When offices share activities, the 
Management Authority is responsible for dealing primarily with 
management and regulatory issues and the Scientific Authority is 
responsible for dealing primarily with scientific issues. The offices do 
the following:

[[Page 122]]



----------------------------------------------------------------------------------------------------------------
                                                                             U.S.  Scientific   U.S. Management
                                   Roles                                        Authority          Authority
----------------------------------------------------------------------------------------------------------------
(a) Provide scientific advice and recommendations, including advice on      x                  .................
 biological findings for applications for certain CITES documents,
 registrations, and export program approvals. Evaluate the conservation
 status of species to determine if a species listing or change in a
 listing is warranted. Interpret listings and review nomenclatural issues.
----------------------------------------------------------------------------------------------------------------
(b) Review applications for CITES documents and issue or deny them based    .................  x
 on findings required by CITES.
----------------------------------------------------------------------------------------------------------------
(c) Communicate with the Secretariat and other countries on scientific,     x                  x
 administrative, and enforcement issues.
----------------------------------------------------------------------------------------------------------------
(d) Ensure that export of Appendix-II specimens is at a level that          x                  .................
 maintains a species throughout its range at a level consistent with its
 role in the ecosystems in which it occurs and well above the level at
 which it might become eligible for inclusion in Appendix I.
----------------------------------------------------------------------------------------------------------------
(e) Monitor trade in all CITES species and produce annual reports on CITES  .................  x
 trade.
----------------------------------------------------------------------------------------------------------------
(f) Collect the cancelled foreign export permit or re-export certificate    .................  x
 and any corresponding import permit presented for import of any CITES
 specimen. Collect a copy of the validated U.S. export permit or re-export
 certificate presented for export or re-export of any CITES specimen.
----------------------------------------------------------------------------------------------------------------
(g) Produce biennial reports on legislative, regulatory, and                .................  x
 administrative measures taken by the United States to enforce the
 provisions of CITES.
----------------------------------------------------------------------------------------------------------------
(h) Coordinate with State and tribal governments and other Federal          x                  x
 agencies on CITES issues, such as the status of native species,
 development of policies, negotiating positions, and law enforcement
 activities.
----------------------------------------------------------------------------------------------------------------
(i) Communicate with the scientific community, the public, and media about  x                  x
 CITES issues. Conduct public meetings and publish notices to gather input
 from the public on the administration of CITES and the conservation and
 trade status of domestic and foreign species traded internationally.
----------------------------------------------------------------------------------------------------------------
(j) Represent the United States at the meetings of the CoP, on committees   x                  x
 (see subpart G of this part), and on CITES working groups. Consult with
 other countries on CITES issues and the conservation status of species.
 Prepare discussion papers and proposals for new or amended resolutions
 and species listings for consideration at the CoP.
----------------------------------------------------------------------------------------------------------------
(k) Provide assistance to APHIS and CBP for the enforcement of CITES.       x                  x
 Cooperate with enforcement officials to facilitate the exchange of
 information between enforcement bodies and for training purposes.
----------------------------------------------------------------------------------------------------------------
(l) Provide financial and technical assistance to other governmental        x                  x
 agencies and CITES officials of other countries.
----------------------------------------------------------------------------------------------------------------

Sec. 23.7    What office do I contact for CITES information?

    Contact the following offices to receive information about CITES:

------------------------------------------------------------------------
         Type of information                   Office to contact
------------------------------------------------------------------------
(a) CITES administrative and          U.S. Management Authority
 management issues:                   U.S. Fish and Wildlife Service
(1) CITES documents, including        4401 North Fairfax Drive, Room 700
 application forms and procedures;    Arlington, Virginia 22203
 lists of registered scientific       Toll Free: (800) 358-2104/permit
 institutions and operations           questions
 breeding Appendix-I wildlife for     Tel: (703) 358-2095/other
 commercial purposes; and              questions
 reservations                         Fax: (703) 358-2281/permits
(2) Information on the CoP            Fax: (703) 358-2298/other issues
(3) List of CITES species             E-mail:
(4) Names and addresses of other       managementauthority@fws.gov
 countries' Management and            Website: http://www.fws.gov/
 Scientific Authority offices          international and http://
(5) Notifications, resolutions, and    www.fws.gov/permits
 decisions
(6) Standing Committee documents and
 issues
(7) State and tribal export programs
------------------------------------------------------------------------

[[Page 123]]

 
(b) Scientific issues:
(1) Animals and Plants Committees
 documents and issues
(2) Findings of non-detriment and
 suitability of facilities, and
 other scientific findings
(3) Listing of species in the
 Appendices and relevant resolutions
(4) Names and addresses of other
 countries' Scientific Authority
 offices and scientists involved
 with CITES-related issues
(5) Nomenclatural issues
U.S. Scientific Authority
U.S. Fish and Wildlife Service
4401 North Fairfax Drive, Room 750
Arlington, Virginia 22203
Tel: (703) 358-1708
Fax: (703) 358-2276
E-mail: scientificauthority@fws.gov
Website: http://www.fws.gov/
 international
------------------------------------------------------------------------
(c) Wildlife clearance procedures:
(1) CITES replacement tags
(2) Information about wildlife port
 office locations
(3) Information bulletins
(4) Inspection and clearance of
 wildlife shipments involving
 import, introduction from the sea,
 export, and re-export, and filing a
 Declaration of Importation or
 Exportation of Fish or Wildlife
 (Form 3-177)
(5) Validation, certification, or
 cancellation of CITES wildlife
 documents
Law Enforcement
U.S. Fish and Wildlife Service
4401 North Fairfax Drive, Mail Stop
 LE-3000
Arlington, Virginia 22203
Tel: (703) 358-1949
Fax: (703) 358-2271
Website: http://www.fws.gov/le
------------------------------------------------------------------------
(d) APHIS plant clearance             U.S. Department of Agriculture
 procedures:                           APHIS/PPQ
(1) Information about plant port      4700 River Road
 office locations                     Riverdale, Maryland 20737-1236
(2) Inspection and clearance of       Toll Free: (877) 770-5990/permit
 plant shipments involving:            questions
(i) Import and introduction from the  Tel: (301) 734-8891/other CITES
 sea of living plants                  issues
(ii) Export and re-export of living   Fax: (301) 734-5786/permit
 and nonliving plants                  questions
(3) Validation or cancellation of     Fax: (301) 734-5276/other CITES
 CITES plant documents for the type    issues
 of shipments listed in paragraph     Website: http://www.aphis.usda.gov/
 (d)(2) of this section                plant--health
------------------------------------------------------------------------
(e) CBP plant clearance procedures:   Department of Homeland Security
(1) Inspection and clearance of       U.S. Customs and Border Protection
 plant shipments involving:           Office of Field Operations
(i) Import and introduction from the  Agriculture Programs and Liaison
 sea of nonliving plants              1300 Pennsylvania Avenue, NW, Room
(ii) Import of living plants from      2.5 B
 Canada at designated border ports    Washington, DC 20229
 (7 CFR 319.37-14(b) and 50 CFR       Tel: (202) 344-3298
 24.12(d))                            Fax: (202) 344-1442
(2) Cancellation of CITES plant
 documents for the type of shipments
 listed in paragraph (e)(1) of this
 section
------------------------------------------------------------------------
(f) General information on CITES:     CITES Secretariat
(1) CITES export quota information    Website: http://www.cites.org
(2) CITES'Guidelines for transport
 and preparation for shipment of
 live wild animals and plants
(3) Information about the
 Secretariat
(4) Names and addresses of other
 countries' Management and
 Scientific Authority offices
(5) Official documents, including
 resolutions, decisions,
 notifications, CoP documents, and
 committee documents
(6) Official list of CITES species
 and species database
(7) Text of the Convention
------------------------------------------------------------------------


[[Page 124]]



Sec. 23.8  What are the information collection requirements?

    The Office of Management and Budget approved the information 
collection requirements for application forms and reports contained in 
this part and assigned OMB Control Numbers 1018-0093 and 1018-0137. We 
cannot collect or sponsor a collection of information and you are not 
required to provide information unless it displays a currently valid OMB 
control number.



          Subpart B_Prohibitions, Exemptions, and Requirements



Sec. 23.13  What is prohibited?

    Except as provided in Sec. 23.92, it is unlawful for any person 
subject to the jurisdiction of the United States to conduct any of the 
following activities unless they meet the requirements of this part:
    (a) Import, export, re-export, or engage in international trade with 
any specimen of a species listed in Appendix I, II, or III of CITES.
    (b) Introduce from the sea any specimen of a species listed in 
Appendix I or II of CITES.
    (c) Possess any specimen of a species listed in Appendix I, II, or 
III of CITES imported, exported, re-exported, introduced from the sea, 
or traded contrary to the provisions of CITES, the ESA, or this part.
    (d) Attempt to commit, solicit another to commit, or cause to be 
committed any of the activities described in paragraphs (a) through (c) 
of this section.



Sec. 23.14  [Reserved]



Sec. 23.15  How may I travel internationally with my personal or 

household effects, including tourist souvenirs?

    (a) Purpose. Article VII(3) of the Treaty recognizes a limited 
exemption for the international movement of personal and household 
effects.
    (b) Stricter national measures. The exemption for personal and 
household effects does not apply if a country prohibits or restricts the 
import, export, or re-export of the item.
    (1) You or your shipment must be accompanied by any document 
required by a country under its stricter national measures.
    (2) In the United States, you must obtain any permission needed 
under other regulations in this subchapter (see Sec. 23.3).
    (c) Required CITES documents. You must obtain a CITES document for 
personal or household effects and meet the requirements of this part if 
one of the following applies:
    (1) The Management Authority of the importing, exporting, or re-
exporting country requires a CITES document.
    (2) You or your shipment does not meet all of the conditions for an 
exemption as provided in paragraphs (d) through (f) of this section.
    (3) The personal or household effect for the following species 
exceeds the quantity indicated in paragraphs (c)(3)(i) through (vi) in 
the table below:

------------------------------------------------------------------------
              Species (Appendix
Major group        II only)        Type of specimen       Quantity\1\
------------------------------------------------------------------------
Fishes       (i)                  Sturgeon caviar     250 gm
              Acipenseriformes     (see Sec.
              (sturgeon,           23.71)
              including
              paddlefish)
------------------------------------------------------------------------
Fishes       (ii) Hippocampus     Dead specimens,     4
              spp. (seahorses)     parts, products
                                   (including
                                   manufactured
                                   items), and
                                   derivatives
------------------------------------------------------------------------
Reptiles     (iii) Crocodylia     Dead specimens,     4
              (alligators,         parts, products
              caimans,             (including
              crocodiles,          manufactured
              gavial)              items), and
                                   derivatives
------------------------------------------------------------------------
Molluscs     (iv) Strombus gigas  Shells              3
              (queen conch)
------------------------------------------------------------------------
Molluscs     (v) Tridacnidae      Shells, each of     3 shells, total
              (giant clams)        which may be one    not exceeding 3
                                   intact shell or     kg
                                   two matching
                                   halves
------------------------------------------------------------------------
Plants       (vi) Cactaceae       Rainsticks          3
              (cacti)
------------------------------------------------------------------------
\1\ To import, export, or re-export more than the quantity listed in the
  table, you must have a valid CITES document for the entire quantity.


[[Page 125]]

    (d) Personal effects. You do not need a CITES document to import, 
export, or re-export any legally acquired specimen of a CITES species to 
or from the United States if all of the following conditions are met:
    (1) No live wildlife or plant (including eggs or non-exempt seeds) 
is included.
    (2) No specimen from an Appendix-I species is included, except for 
certain worked African elephant ivory as provided in paragraph (f) of 
this section.
    (3) The specimen and quantity of specimens are reasonably necessary 
or appropriate for the nature of your trip or stay and, if the type of 
specimen is one listed in paragraph (c)(3) of this section, the quantity 
does not exceed the quantity given in the table.
    (4) You own and possess the specimen for personal use, including any 
specimen intended as a personal gift.
    (5) You are either wearing the specimen as clothing or an accessory 
or taking it as part of your personal baggage, which is being carried by 
you or checked as baggage on the same plane, boat, vehicle, or train as 
you.
    (6) The specimen was not mailed or shipped separately.
    (e) Household effects. You do not need a CITES document to import, 
export, or re-export any legally acquired specimen of a CITES species 
that is part of a shipment of your household effects when moving your 
residence to or from the United States, if all of the following 
conditions are met:
    (1) The provisions of paragraphs (d)(1) through (3) of this section 
are met.
    (2) You own the specimen and are moving it for personal use.
    (3) You import or export your household effects within 1 year of 
changing your residence from one country to another.
    (4) The shipment, or shipments if you cannot move all of your 
household effects at one time, contains only specimens purchased, 
inherited, or otherwise acquired before you changed your residence.
    (f) African elephant worked ivory. You may export or re-export from 
the United States worked African elephant (Loxodonta africana) ivory and 
then re-import it without a CITES document if all of the following 
conditions are met:
    (1) The worked ivory is a personal or household effect that meets 
the requirements of paragraphs (c) through (e) of this section and you 
are a U.S. resident who owned the worked ivory before leaving the United 
States and intend to bring the item back to the United States.
    (2) The ivory is pre-Convention (see Sec. 23.45). (The African 
elephant was first listed in CITES on February 26, 1976.)
    (3) You may not sell or transfer the ivory while outside the United 
States.
    (4) The ivory is substantially worked and is not raw. Raw ivory 
means an African elephant tusk, or any piece of tusk, the surface of 
which, polished or unpolished, is unaltered or minimally carved, 
including ivory mounted on a stand or part of a trophy.
    (5) When you return, you are able to provide records, receipts, or 
other documents to show that the ivory is pre-Convention and that you 
owned and registered it before you left the United States. To register 
such an item you must obtain one of the following documents:
    (i) U.S. CITES pre-Convention certificate.
    (ii) FWS Declaration of Importation or Exportation of Fish or 
Wildlife (Form 3-177).
    (iii) Customs and Border Protection Certificate of Registration for 
Personal Effects Taken Abroad (Form 4457).



Sec. 23.16  What are the U.S. CITES requirements for urine, feces,

and synthetically derived DNA?

    (a) CITES documents. We do not require CITES documents to trade in 
urine, feces, or synthetically derived DNA.
    (1) You must obtain any collection permit and CITES document 
required by the foreign country.
    (2) If the foreign country requires you to have a U.S. CITES 
document for these kinds of samples, you must apply for a CITES document 
and meet the requirements of this part.
    (b) Urine and feces. Except as provided in paragraph (a) of this 
section, we consider urine and feces to be wildlife byproducts, rather 
than parts, products, or derivatives, and exempt them from the 
requirements of CITES and this part.

[[Page 126]]

    (c) DNA. We differentiate between DNA directly extracted from blood 
and tissue and DNA synthetically derived as follows:
    (1) A DNA sample directly derived from wildlife or plant tissue is 
regulated by CITES and this part.
    (2) A DNA sample synthetically derived that does not contain any 
part of the original template is exempt from the requirements of CITES 
and this part.



Sec. 23.17  What are the requirements for CITES specimens traded

internationally by diplomatic, consular, military, and other
persons exempt from customs 
          duties or inspections?

    A specimen of a CITES species imported, introduced from the sea, 
exported, or re-exported by a person receiving duty-free or inspection 
exemption privileges under customs laws must meet the requirements of 
CITES and the regulations in this part.



Sec. 23.18  What CITES documents are required to export Appendix-I 

wildlife?

    Answer the questions in the following decision tree to find the 
section in this part that applies to the type of CITES document you need 
to export Appendix-I wildlife. See Sec. 23.20(d) for CITES exemption 
documents or Sec. 23.92 for specimens that are exempt from the 
requirements of CITES and do not need CITES documents.

[[Page 127]]

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[[Page 128]]





Sec. 23.19  What CITES documents are required to export Appendix-I plants?

    Answer the questions in the following decision tree to find the 
section in this part that applies to the type of CITES document you need 
to export Appendix-I plants. See Sec. 23.20(d) for CITES exemption 
documents or Sec. 23.92 for specimens that are exempt from the 
requirements of CITES and do not need CITES documents.

[[Page 129]]

[GRAPHIC] [TIFF OMITTED] TR23AU07.002



Sec. 23.20  What CITES documents are required for international trade?

    (a) Purpose. Articles III, IV, and V of the Treaty give the types of 
standard CITES documents that must accompany an Appendix-I, -II, or -III 
specimen in international trade. Articles

[[Page 130]]

VII and XIV recognize some exemptions and provide that a CITES document 
must accompany most exempt specimens.
    (b) Stricter national measures. Before importing, introducing from 
the sea, exporting, or re-exporting a specimen, check with the 
Management Authorities of all countries concerned to obtain any 
documentation required under stricter national measures.
    (c) CITES documents. Except as provided in the regulations in this 
part, you must have a valid CITES document to engage in international 
trade in any CITES specimen.
    (d) CITES exemption documents. The following table lists the CITES 
exemption document that you must obtain before conducting a proposed 
activity with an exempt specimen (other than specimens exempted under 
Sec. 23.92). If one of the exemptions does not apply to the specimen, 
you must obtain a CITES document as provided in paragraph (e) of this 
section. The first column in the following table alphabetically lists 
the type of specimen or activity that may qualify for a CITES exemption 
document. The last column indicates the section of this part that 
contains information on the application procedures, provisions, 
criteria, and conditions specific to each CITES exemption document, as 
follows:

------------------------------------------------------------------------
 Type of specimen or                     CITES exemption
       activity           Appendix           document          Section
------------------------------------------------------------------------
(1) Artificially       I, II, or III  CITES document with          23.40
 propagated plant                      source code ``A''\1\
 (see paragraph
 (d)(4) of this
 section for an
 Appendix-I plant
 propagated for
 commercial purposes)
------------------------------------------------------------------------
(2) Artificially       II or III      Phytosanitary             23.23(f)
 propagated plant                      certificate with
 from a country that                   CITES statement\1\
 has provided copies
 of the certificates,
 stamps, and seals to
 the Secretariat
------------------------------------------------------------------------
(3) Bred-in-captivity  I, II, or III  CITES document with          23.41
 wildlife (see                         source code ``C''\1\
 paragraph (d)(5) of
 this section for
 Appendix-I wildlife
 bred in captivity
 for commercial
 purposes)
------------------------------------------------------------------------
(4) Commercially       I              CITES document with          23.47
 propagated Appendix-                  source code ``D''\1\
 I plant
------------------------------------------------------------------------
(5) Commercially bred  I              CITES document with          23.46
 Appendix-I wildlife                   source code ``D''\1\
 from a breeding
 operation registered
 with the CITES
 Secretariat
------------------------------------------------------------------------
(6) Export of certain  II             CITES document            23.36(e)
 marine specimens                      indicating that the      23.39(e)
 protected under a                     specimen was taken
 pre-existing treaty,                  in accordance with
 convention, or                        provisions of the
 international                         applicable treaty,
 agreement for that                    convention, or
 species                               international
                                       agreement
------------------------------------------------------------------------
(7) Hybrid plants      I, II, or III  CITES document unless        23.42
                                       the specimen
                                       qualifies as an
                                       exempt plant hybrid
------------------------------------------------------------------------
(8) Hybrid wildlife    I, II, or III  CITES document unless        23.43
                                       the specimen
                                       qualifies as an
                                       exempt wildlife
                                       hybrid
------------------------------------------------------------------------
(9) In-transit         I, II, or III  CITES document               23.22
 shipment (see                         designating importer
 paragraph (d)(14) of                  and country of final
 this section for                      destination
 sample collections
 covered by an ATA
 carnet)
------------------------------------------------------------------------
(10) Introduction      II             Document required by      23.39(d)
 from the sea under a                  applicable treaty,
 pre-existing treaty,                  convention, or
 convention, or                        international
 international                         agreement, if
 agreement for that                    appropriate
 species
------------------------------------------------------------------------
(11) Noncommercial     I, II, or III  A label indicating           23.48
 loan, donation, or                    CITES and the
 exchange of                           registration codes
 specimens between                     of both institutions
 scientific                            and, in the United
 institutions                          States, a CITES
 registered with the                   certificate of
 CITES Secretariat                     scientific exchange
                                       that registers the
                                       institution\3\
------------------------------------------------------------------------
(12) Personally owned  I, II, or III  CITES certificate of         23.44
 live wildlife for                     ownership\2\
 multiple cross-
 border movements
------------------------------------------------------------------------

[[Page 131]]

 
(13) Pre-Convention    I, II, or III  CITES document               23.45
 specimen                              indicating pre-
                                       Convention status\1\
------------------------------------------------------------------------
(14) Sample            I\4\, II, or   CITES document               23.50
 collection covered     III            indicating sample
 by an ATA carnet                      collection\2\
------------------------------------------------------------------------
(15) Traveling         I, II, or III  CITES document               23.49
 exhibition                            indicating specimens
                                       qualify as pre-
                                       Convention, bred in
                                       captivity, or
                                       artificially
                                       propagated\2\
------------------------------------------------------------------------
\1\ Issued by the Management Authority in the exporting or re-exporting
  country.
\2\ Issued by the Management Authority in the owner's country of usual
  residence.
\3\ Registration codes assigned by the Management Authorities in both
  exporting and importing countries.
\4\ Appendix-I species bred in captivity or artificially propagated for
  commercial purposes (see Sec. Sec.  23.46 and 23.47).

    (e) Import permits, export permits, re-export certificates, and 
certificates of origin. Unless one of the exemptions under paragraph (d) 
of this section or Sec. 23.92 applies, you must obtain the following 
CITES documents before conducting the proposed activity:

----------------------------------------------------------------------------------------------------------------
                  Appendix                                    Type of CITES document(s) required
----------------------------------------------------------------------------------------------------------------
I                                             Import permit (Sec.  23.35) and either an export permit (Sec.
                                               23.36) or re-export certificate (Sec.  23.37)
----------------------------------------------------------------------------------------------------------------
II                                            Export permit (Sec.  23.36) or re-export certificate (Sec.
                                               23.37)
----------------------------------------------------------------------------------------------------------------
III                                           Export permit (Sec.  23.36) if the specimen originated in a
                                               country that listed the species; certificate of origin (Sec.
                                               23.38) if the specimen originated in a country other than the
                                               listing country, unless the listing annotation indicates
                                               otherwise; or re-export certificate for all re-exports (Sec.
                                               23.37)
----------------------------------------------------------------------------------------------------------------

    (f) Introduction-from-the-sea certificates. For introduction from 
the sea of Appendix-I or Appendix-II specimens, you must obtain an 
introduction-from-the-sea certificate before conducting the proposed 
activity, unless the exemption in paragraph (d)(10) of this section 
applies (see Sec. 23.39). The export of a specimen that was previously 
introduced from the sea will be treated as an export (see Sec. 23.36 
for export, Sec. 23.36(e) and Sec. 23.39(e) for export of exempt 
specimens, or Sec. 23.37 for re-export). Although an Appendix-III 
specimen does not require a CITES document to be introduced from the 
sea, the subsequent international trade of the specimen would be 
considered an export. For export of an Appendix-III specimen that was 
introduced from the sea you must obtain an export permit (Sec. 23.36) 
if the export is from the country that listed the species in Appendix 
III, a certificate of origin (Sec. 23.38) if the export is from a 
country other than the listing country, or a re-export certificate for 
all re-exports (Sec. 23.37).



Sec. 23.21  What happens if a country enters a reservation for a species?

    (a) Purpose. CITES is not subject to general reservations. Articles 
XV, XVI, and XXIII of the Treaty allow a Party to enter a specific 
reservation on a species listed in Appendix I, II, or III, or on parts, 
products, or derivatives of a species listed in Appendix III.
    (b) General provision. A Party can enter a reservation in one of the 
following ways:
    (1) A Party must provide written notification to the Depositary 
Government (Switzerland) on a specific new or amended listing in the 
Appendices within 90 days after the CoP that adopted the listing, or at 
any time for Appendix-III species.
    (2) A country must provide written notification on a specific 
species listing when the country ratifies, accepts, approves, or accedes 
to CITES.
    (c) Requesting the United States take a reservation. You may submit 
information relevant to the issue of whether the United States should 
take a reservation on a species listing to the U.S. Management 
Authority. The request must be submitted within 30 calendar

[[Page 132]]

days after the last day of the CoP where a new or amended listing of a 
species in Appendix I or II occurs, or at any time for a species (or its 
parts, products, or derivatives) listed in Appendix III.
    (d) Required CITES documents. Except as provided in paragraph (d)(2) 
of this section, Parties treat a reserving Party as if it were a non-
Party for trade in the species concerned (including parts, products, and 
derivatives, as appropriate). The following table indicates when CITES 
documents must accompany a shipment and which Appendix should appear on 
the face of the document:

 
------------------------------------------------------------------------
                    If                                  Then
------------------------------------------------------------------------
(1) The shipment is between a Party and a   The shipment must be
 reserving Party, or the shipment is from    accompanied by a valid
 a non-Party to a reserving Party and is     CITES document(s) (see Sec.
 in transit through a Party                    23.26) that indicates the
                                             CITES Appendix in which the
                                             species is listed.
------------------------------------------------------------------------
(2) The shipment is from a reserving Party  The shipment must be
 to another reserving Party\1\ or non-       accompanied by a valid
 Party and is in transit through a Party     CITES document(s) (see Sec.
                                               23.26) that indicates the
                                             CITES Appendix in which the
                                             species is listed.\2\
------------------------------------------------------------------------
(3) The shipment is between a reserving     No CITES document is
 Party and another reserving Party\1\ or     required.\2\
 non-Party and is not in transit through a
 Party
------------------------------------------------------------------------
\1\ Both reserving Parties must have a reservation for the same species,
  and if the species is listed in Appendix III, a reservation for the
  same parts, products, and derivatives.
\2\ CITES recommends that reserving Parties treat Appendix-I species as
  if listed in Appendix II and issue CITES documents based on Appendix-
  II permit criteria (see Sec.  23.36). However, the CITES document
  must show the specimen as listed in Appendix I. If the United States
  entered a reservation, such a CITES document would be required.

    (e) Reservations taken by countries. You may consult the CITES 
website or contact us (see Sec. 23.7) for a list of countries that have 
taken reservations and the species involved.



Sec. 23.22  What are the requirements for in-transit shipments?

    (a) Purpose. Article VII(1) of the Treaty allows for a shipment to 
transit an intermediary country that is a Party before reaching its 
final destination without the need for the intermediary Party to issue 
CITES documents. To control any illegal trade, Parties are to inspect, 
to the extent possible under their national legislation, specimens in 
transit through their territory to verify the presence of valid 
documentation. See Sec. 23.50 for in-transit shipment of sample 
collections covered by an ATA carnet.
    (b) Document requirements. An in-transit shipment does not require a 
CITES document from an intermediary country, but must be accompanied by 
all of the following documents:
    (1) Unless the specimen qualifies for an exemption under Sec. 
23.92, a valid original CITES document, or a copy of the valid original 
CITES document, that designates the name of the importer in the country 
of final destination and is issued by the Management Authority of the 
exporting or re-exporting country. A copy of a CITES document is subject 
to verification.
    (2) For shipment of an Appendix-I specimen, a copy of a valid import 
permit that designates the name of the importer in the country of final 
destination, unless the CITES document in paragraph (b)(1) of this 
section is a CITES exemption document (see Sec. 23.20(d)).
    (3) Transportation and routing documents that show the shipment has 
been consigned to the same importer and country of final destination as 
designated on the CITES document.
    (c) Shipment requirements. An in-transit shipment, including items 
in an on-board store, must meet the following:
    (1) When in an intermediary country, an in-transit shipment must 
stay only for the time needed to immediately transfer the specimen to 
the mode of transport used to continue to the final destination and 
remain under customs control. Other than during immediate transfer, the 
specimen may not be stored in a duty-free, bonded, or other kind of 
warehouse or a free trade zone.

[[Page 133]]

    (2) At any time during transit, an in-transit shipment must not be 
sold, manipulated, or split unless authorized by the Management 
Authority of the intermediary country for inspection or enforcement 
purposes.
    (d) Reserving Party or non-Party. All the requirements of this 
section apply to shipments to or from a reserving Party or non-Party 
that are being transshipped through a Party. The CITES document must 
treat the specimen as listed in the Appendix as provided in Sec. 
23.21(d).
    (e) Specimen protected by other regulations. Shipment of a specimen 
that is also listed as a migratory bird (part 10 of this subchapter), 
injurious wildlife (part 16 of this subchapter), endangered or 
threatened species (parts 17 of this subchapter and 222-224 of this 
title), marine mammal (parts 18 of this subchapter and 216 of this 
title), or bald or golden eagle (part 22 of this subchapter), and is 
moving through the United States is considered an import, and cannot be 
treated as an in-transit shipment (see Sec. 23.3).



Sec. 23.23  What information is required on U.S. and foreign CITES

documents?

    (a) Purpose. Article VI of the Treaty provides standard information 
that must be on a permit and certificate issued under Articles III, IV, 
and V. To identify a false or invalid document, any CITES document, 
including a CITES exemption document issued under Article VII, must 
contain standardized information to allow a Party to verify that the 
specimen being shipped is the one listed on the document and that the 
trade is consistent with the provisions of the Treaty.
    (b) CITES form. A CITES document issued by a Party must be on a form 
printed in one or more of the three working languages of CITES (English, 
Spanish, or French). A CITES document from a non-Party may be in the 
form of a permit or certificate, letter, or any other form that clearly 
indicates the nature of the document and includes the information in 
paragraphs (c) through (e) of this section and the additional 
information in Sec. 23.25.
    (c) Required information. Except for a phytosanitary certificate 
used as a CITES certificate for artificially propagated plants in 
paragraph (f) of this section, or a customs declaration label used to 
identify specimens being moved between registered scientific 
institutions (Sec. 23.48(e)(5)), a CITES document issued by a Party or 
non-Party must contain the information set out in this paragraph (listed 
alphabetically). Specific types of CITES documents must also contain the 
additional information identified in paragraph (e) of this section. A 
CITES document is valid only when it contains the following information:

 
------------------------------------------------------------------------
       Required information                      Description
------------------------------------------------------------------------
(1) Appendix                        The CITES Appendix in which the
                                     species, subspecies, or population
                                     is listed (see Sec.  23.21 when a
                                     Party has taken a reservation on a
                                     listing).
------------------------------------------------------------------------
(2) Applicant's signature           The applicant's signature if the
                                     CITES document includes a place for
                                     it.
------------------------------------------------------------------------
(3) Bill of lading, air waybill,    As applicable for export or re-
 or flight number                    export: (i) by ocean or air cargo,
                                     the bill of lading or air waybill
                                     number or (ii) in accompanying
                                     baggage, the flight number, as
                                     recorded on the CITES document by
                                     the inspecting official at the
                                     port, if known at the time of
                                     validation or certification.
------------------------------------------------------------------------
(4) Dates                           Date of issue and date of expiration
                                     (``valid until'' date on the
                                     standardized CITES form), which is
                                     midnight of the date on the CITES
                                     document. See Sec.  23.54 for the
                                     length of validity for different
                                     types of CITES documents.
------------------------------------------------------------------------
(5) Description of the specimen     A complete description of the
                                     specimen, including whether live or
                                     the type of goods. The sex and age
                                     of a live specimen should be
                                     recorded, if possible. Such
                                     information must be in English,
                                     Spanish, or French on a CITES
                                     document from a Party. If a code is
                                     used to indicate the type of
                                     specimen, it must agree with the
                                     Guidelines for preparation and
                                     submission of CITES annual reports
                                     available from the CITES website or
                                     us (see Sec.  23.7).
------------------------------------------------------------------------

[[Page 134]]

 
(6) Document number                 A unique control number. We use a
                                     unique 12-character number. The
                                     first two characters are the last
                                     two digits of the year of issuance,
                                     the next two are the two-letter ISO
                                     country code, followed by a six-
                                     digit serial number, and two digits
                                     or letters used for national
                                     informational purposes.
------------------------------------------------------------------------
(7) Humane transport of live        If the CITES document authorizes the
 wildlife                            export or re-export of live
                                     wildlife, a statement that the
                                     document is valid only if the
                                     transport conditions comply with
                                     CITES' Guidelines for transport and
                                     preparation for shipment of live
                                     wild animals and plants, or in the
                                     case of air transport of wildlife,
                                     with the International Air
                                     Transport Association Live Animals
                                     Regulations. The shipment must
                                     comply with the requirements of
                                     CITES'Guidelines for transport and
                                     preparation for shipment of live
                                     wild animals and plants, adopted by
                                     the Parties in 1979 and revised in
                                     1981, or, in the case of air
                                     transport of wildlife, the Live
                                     Animals Regulations (LAR), 33\rd\
                                     edition, October 1, 2006, by the
                                     International Air Transport
                                     Association (IATA), Reference
                                     Number: 9105-33, ISBN 92-9195-818-
                                     2. The incorporation by reference
                                     of these documents was approved by
                                     the Director of the Office of the
                                     Federal Register in accordance with
                                     5 U.S.C. 552(a) and 1 CFR part 51.
                                     Copies of CITES' Guidelines for
                                     transport and preparation for
                                     shipment of live wild animals and
                                     plants may be obtained from the
                                     CITES Secretariat, International
                                     Environment House, Chemin des
                                     An[eacute]mones, CH-1219,
                                     Ch[acirc]telaine, Geneva,
                                     Switzerland, or through the
                                     Internet at http://www.cites.org/
                                     eng/resources/transport/E-
                                     TranspGuide.pdf. Copies of the IATA
                                     LAR may be obtained from IATA, 800
                                     Place Victoria, P.O. Box 113,
                                     Montreal, Quebec, Canada H4Z 1M1,
                                     by calling 1-800-716-6326, or
                                     ordering through the Internet at
                                     http://www.iata.org. Copies of
                                     these documents may be inspected at
                                     the U.S. Management Authority, Fish
                                     and Wildlife Service, 4401 N.
                                     Fairfax Dr., Arlington, VA 22203 or
                                     at the National Archives and
                                     Records Administration (NARA). For
                                     information on the availability of
                                     this material at NARA, call 202-741-
                                     6030, or go to: http://
                                     www.archives.gov/federal--register/
                                     code--of--federal--regulations/ibr--
                                     locations.html.
------------------------------------------------------------------------
(8) Identification of the specimen  Any unique identification number or
                                     mark (such as a tag, band, ring,
                                     microchip, label, or serial
                                     number), including any mark
                                     required under these regulations or
                                     a CITES listing annotation. For a
                                     microchip, the microchip code,
                                     trademark of the transponder
                                     manufacturer and, where possible,
                                     the location of the microchip in
                                     the specimen. If a microchip is
                                     used, we may, if necessary, ask the
                                     importer, exporter, or re-exporter
                                     to have equipment on hand to read
                                     the microchip at the time of
                                     import, export, or re-export.
------------------------------------------------------------------------
(9) Management Authority            The complete name and address of the
                                     issuing Management Authority as
                                     included in the CITES directory,
                                     which is available from the CITES
                                     website or us (see Sec.  23.7).
------------------------------------------------------------------------
(10) Name and address               The complete name and address,
                                     including country, of the exporter
                                     and importer.
------------------------------------------------------------------------
(11) Purpose of transaction         The purpose of the transaction
                                     identified either through a written
                                     description of the purpose of the
                                     transaction or by using one of the
                                     codes given in paragraph (d) of
                                     this section. The code is
                                     determined by the issuing
                                     Management Authority through
                                     information submitted with an
                                     application. This is not required
                                     for a certificate of origin.
------------------------------------------------------------------------
(12) Quantity                       The quantity of specimens authorized
                                     in the shipment and, if
                                     appropriate, the unit of
                                     measurement using the metric
                                     system:
                                    (i) The unit of measurement should
                                     be appropriate to the type of
                                     specimen and agree with the
                                     Guidelines for the preparation and
                                     submission of CITES annual reports
                                     available from the CITES website or
                                     us (see Sec.  23.7). General
                                     descriptions such as ``one case''
                                     or ``one batch'' are not
                                     acceptable.
                                    (ii) Weight should be in kilograms.
                                     If weight is used, net weight
                                     (weight of the specimen alone) must
                                     be stated, not gross weight that
                                     includes the weight of the
                                     container or packaging.
                                    (iii) Volume should be in cubic
                                     meters for logs and sawn wood and
                                     either square meters or cubic
                                     meters for veneer and plywood.
                                    (iv) For re-export, if the type of
                                     good has not changed since being
                                     imported, the same unit of
                                     measurement as on the export permit
                                     must be used, except to change to
                                     units that are to be used in the
                                     CITES annual report.
------------------------------------------------------------------------

[[Page 135]]

 
(13) Scientific name                The scientific name of the species,
                                     including the subspecies when
                                     needed to determine the level of
                                     protection of the specimen under
                                     CITES, using standard nomenclature
                                     as it appears in the CITES
                                     Appendices or the references
                                     adopted by the CoP. A list of
                                     current references is available
                                     from the CITES website or us (see
                                     Sec.  23.7). A CITES document may
                                     contain higher-taxon names in lieu
                                     of the species name only under one
                                     of the following circumstances:
                                    (i) The CoP has agreed that the use
                                     of a higher-taxon name is
                                     acceptable for use on CITES
                                     documents.
                                    (A) If the genus cannot be readily
                                     determined for coral rock, the
                                     scientific name to be used is the
                                     order Scleractinia.
                                    (B) Live and dead coral must be
                                     identified to the level of species
                                     except where the CoP has agreed
                                     that identification to genus is
                                     acceptable. A current list of coral
                                     taxa identifiable to genus is
                                     available from the CITES website or
                                     us (see Sec.  23.7).
                                    (C) Re-export of worked skins or
                                     pieces of Tupinambis species that
                                     were imported before August 1,
                                     2000, may indicate Tupinambis spp.
                                    (ii) The issuing Party can show the
                                     use of a higher-taxon name is well
                                     justified and has communicated the
                                     justification to the Secretariat.
                                    (iii) The item is a pre-Convention
                                     manufactured product containing a
                                     specimen that cannot be identified
                                     to the species level.
------------------------------------------------------------------------
(14) Seal or stamp                  The embossed seal or ink stamp of
                                     the issuing Management Authority.
------------------------------------------------------------------------
(15) Security stamp                 If a Party uses a security stamp,
                                     the stamp must be canceled by an
                                     authorized signature and a stamp or
                                     seal, preferably embossed. The
                                     number of the stamp must also be
                                     recorded on the CITES document.
------------------------------------------------------------------------
(16) Signature                      An original handwritten signature of
                                     a person authorized to sign CITES
                                     documents for the issuing
                                     Management Authority. The signature
                                     must be on file with the
                                     Secretariat.
------------------------------------------------------------------------
(17) Signature name                 The name of the person who signed
                                     the CITES document.
------------------------------------------------------------------------
(18) Source                         The source of the specimen. For re-
                                     export, unless there is information
                                     to indicate otherwise, the source
                                     code on the CITES document used for
                                     import of the specimen must be
                                     used. See Sec.  23.24 for a list
                                     of codes.
------------------------------------------------------------------------
(19) Treaty name                    Either the full name or acronym of
                                     the Treaty, or the CITES logo.
------------------------------------------------------------------------
(20) Type of CITES document         The type of CITES document (import,
                                     export, re-export, or other):
                                     (i) If marked ``other,'' the CITES
                                     document must indicate the type of
                                     document, such as certificate for
                                     artificially propagated plants,
                                     certificate for wildlife bred in
                                     captivity, certificate of origin,
                                     certificate of ownership,
                                     introduction-from-the-sea
                                     certificate, pre-Convention
                                     certificate, sample collection
                                     covered by an ATA carnet,
                                     scientific exchange certificate, or
                                     traveling-exhibition certificate.
                                    (ii) If multiple types are
                                     authorized on one CITES document,
                                     the type that applies to each
                                     specimen must be clearly indicated.
------------------------------------------------------------------------
(21) Validation or certification    The actual quantity of specimens
                                     exported or re-exported:
                                    (i) Using the same units of
                                     measurement as those on the CITES
                                     document.
                                    (ii) Validated or certified by the
                                     stamp or seal and signature of the
                                     inspecting authority at the time of
                                     export or re-export.
------------------------------------------------------------------------

(d) Purpose of transaction. If the purpose is not identified by a 
written description, the CITES document must contain one of the 
following codes:

 
------------------------------------------------------------------------
                  Code                        Purpose of transaction
------------------------------------------------------------------------
B......................................  Breeding in captivity or
                                          artificial propagation
E......................................  Education
G......................................  Botanical garden
H......................................  Hunting trophy
L......................................  Law enforcement/judicial/
                                          forensic
M......................................  Medical research (including
                                          biomedical research)
N......................................  Reintroduction or introduction
                                          into the wild
P......................................  Personal
Q......................................  Circus and traveling exhibition
S......................................  Scientific
T......................................  Commercial
Z......................................  Zoo
------------------------------------------------------------------------


[[Page 136]]

(e) Additional required information. The following describes the 
additional information that is required for specific types of documents 
(listed alphabetically):

 
------------------------------------------------------------------------
         Type of document              Additional required information
------------------------------------------------------------------------
(1) Annex (such as an attached      The page number, document number,
 inventory, conditions, or           and date of issue on each page of
 continuation pages of a CITES       an annex that is attached as an
 document)                           integral part of a CITES document.
                                     An authorized signature and ink
                                     stamp or seal, preferably embossed,
                                     of the Management Authority issuing
                                     the CITES document must also be
                                     included on each page of the annex.
                                     The CITES document must indicate an
                                     attached annex and the total number
                                     of pages.
------------------------------------------------------------------------
(2) Certificate of origin (see      A statement that the specimen
 Sec.  23.38)                       originated in the country that
                                     issued the certificate.
------------------------------------------------------------------------
(3) Copy when used in place of the  (i) Information required in
 original CITES document             paragraph (e)(7) of this section
                                     when the document authorizes export
                                     or re-export.
                                    (ii) A statement by the Management
                                     Authority on the face of the
                                     document authorizing the use of a
                                     copy when the document authorizes
                                     import.
------------------------------------------------------------------------
(4) Export permit for a registered  The registration number of the
 commercial breeding operation or    operation or nursery assigned by
 nursery for Appendix-I specimens    the Secretariat, and if the
 (see Sec.  23.46)                  exporter is not the registered
                                     operation or nursery, the name of
                                     the registered operation or
                                     nursery.
------------------------------------------------------------------------
(5) Export permit with a quota      Number of specimens, such as 500/
                                     1,000, that were:
                                    (i) Exported thus far in the current
                                     calendar year, including those
                                     covered by the current permit (such
                                     as 500), and
                                    (ii) Included in the current annual
                                     quota (such as 1,000).
------------------------------------------------------------------------
(6) Import permit (Appendix-I       A certification that the specimen
 specimen) (see Sec.  23.35)        will not be used for primarily
                                     commercial purposes and, for a live
                                     specimen, that the recipient has
                                     suitable facilities and expertise
                                     to house and care for it.
------------------------------------------------------------------------
(7) Replacement CITES document      When a CITES document replaces an
 (see Sec.  23.52)                  already issued CITES document that
                                     was lost, damaged, stolen, or
                                     accidentally destroyed:
                                    (i) If a newly issued CITES
                                     document, indication it is a
                                     ``replacement,'' the number and
                                     date of issuance of the CITES
                                     document that was replaced, and
                                     reason for replacement.
                                    (ii) If a copy of the original CITES
                                     document, indication it is a
                                     ``replacement'' and a ``true copy
                                     of the original,'' a new original
                                     signature of a person authorized to
                                     sign CITES documents for the
                                     issuing Management Authority, the
                                     date signed, and reason for
                                     replacement.
------------------------------------------------------------------------
(8) Partially completed documents   (i) A list of the blocks that must
 (see Sec.  23.51)                  be completed by the permit holder.
                                    (ii) If the list includes scientific
                                     names, an inventory of approved
                                     species must be included on the
                                     face of the CITES document or in an
                                     attached annex.
                                    (iii) A signature of the permit
                                     holder, which acts as a
                                     certification that the information
                                     entered is true and accurate.
------------------------------------------------------------------------
(9) Pre-Convention document (see    (i) An indication on the face of the
 Sec.  23.45)                       CITES document that the specimen is
                                     pre-Convention.
                                    (ii) A date that shows the specimen
                                     was acquired before the date the
                                     Convention first applied to it.
------------------------------------------------------------------------
(10) Re-export certificate (see     (i) The country of origin, the
 Sec.  23.37)                       export permit number, and the date
                                     of issue.
                                    (ii) If previously re-exported, the
                                     country of last re-export, the re-
                                     export certificate number, and the
                                     date of issue.
                                    (iii) If all or part of this
                                     information is not known, a
                                     justification must be given.
------------------------------------------------------------------------
(11) Retrospective CITES document   A clear statement that the CITES
 (see Sec.  23.53)                  document is issued retrospectively
                                     and the reason for issuance.
------------------------------------------------------------------------
(12) Sample collection covered by   (i) A statement that the document
 an ATA carnet (see Sec.  23.50)    covers a sample collection and is
                                     invalid unless accompanied by a
                                     valid ATA carnet.
                                    (ii) The number of the accompanying
                                     ATA carnet recorded by the
                                     Management Authority, customs, or
                                     other responsible CITES inspecting
                                     official.
------------------------------------------------------------------------

    (f) Phytosanitary certificate. A Party may use a phytosanitary 
certificate as a CITES document under the following conditions:
    (1) The Party has provided copies of the certificate, stamps, and 
seals to the Secretariat.

[[Page 137]]

    (2) The certificate is used only when all the following conditions 
are met:
    (i) The plants are being exported, not re-exported.
    (ii) The plants are Appendix-II species, or are hybrids of one or 
more Appendix-I species or taxa that are not annotated to include 
hybrids.
    (iii) The plants were artificially propagated in the exporting 
country.
    (3) The certificate contains the following information:
    (i) The scientific name of the species, including the subspecies 
when needed to determine the level of protection of the specimen under 
CITES, using standard nomenclature as it appears in the CITES Appendices 
or the references adopted by the CoP.
    (ii) The type (such as live plant or bulb) and quantity of the 
specimens authorized in the shipment.
    (iii) A stamp, seal, or other specific indication stating that the 
specimen is artificially propagated (see Sec. 23.64).



Sec. 23.24  What code is used to show the source of the specimen?

    The Management Authority must indicate on the CITES document the 
source of the specimen using one of the following codes, except the code 
``O'' for pre-Convention, which should be used in conjunction with 
another code:

 
------------------------------------------------------------------------
                     Source of specimen                          Code
------------------------------------------------------------------------
(a) Artificially propagated plant (see Sec.  23.40):                 A
(1) An Appendix-II or -III artificially propagated specimen.
(2) An Appendix-I plant specimen artificially propagated for
 noncommercial purposes or certain Appendix-I hybrids (see
 Sec.  23.42) propagated for commercial purposes...........
------------------------------------------------------------------------
(b) Bred-in-captivity wildlife (see Sec.  23.41):                     C
(1) An Appendix-II or -III specimen bred in captivity. (See
 paragraph (d)(1) of this section for wildlife that does not
 qualify as bred in captivity.).............................
(2) An Appendix-I specimen bred for noncommercial purposes.
 (See paragraph (c)(1) of this section for an Appendix-I
 specimen bred for commercial purposes.)....................
------------------------------------------------------------------------
(c) Bred in captivity or artificially propagated for                  D
 commercial purposes (see Sec. Sec.  23.46 and 23.47):
(1) An Appendix-I wildlife specimen bred in captivity for
 commercial purposes at an operation registered with the
 Secretariat................................................
(2) An Appendix-I plant specimen artificially propagated for
 commercial purposes at a nursery that is registered with
 the Secretariat or a commercial propagating operation that
 meets the requirements of Sec.  23.47.....................
------------------------------------------------------------------------
(d) Captive-bred wildlife (Sec.  23.36):                             F
(1) An Appendix-II or -III wildlife species that is captive-
 bred.......................................................
(2) An Appendix-I wildlife species that is one of the
 following:.................................................
(i) Captive-bred............................................
(ii) Bred for commercial purposes, but the commercial
 breeding operation is not registered with the Secretariat..
(iii) Bred for noncommercial purposes, but the facility does
 not meet the definition in Sec.  23.5 because it is not
 involved in a cooperative conservation program.............
------------------------------------------------------------------------
(e) Confiscated or seized specimen (see Sec.  23.78).                I
------------------------------------------------------------------------
(f) Pre-Convention specimen (see Sec.  23.45) (code to be            O
 used in conjunction with another code).
------------------------------------------------------------------------
(g) Ranched wildlife (wildlife that originated from a                 R
 ranching operation).
------------------------------------------------------------------------
(h) Source unknown (must be justified on the face of the              U
 CITES document).
------------------------------------------------------------------------
(i) Specimen taken from the wild:                                     W
(1) For wildlife, this includes a specimen born in captivity
 from an egg collected from the wild or from wildlife that
 mated or exchanged genetic material in the wild............
(2) For a plant, it includes a specimen propagated from a
 propagule collected from a wild plant, except as provided
 in Sec.  23.64............................................
------------------------------------------------------------------------



Sec. 23.25  What additional information is required on a non-Party

CITES document?

    (a) Purpose. Under Article X of the Treaty, a Party may accept a 
CITES document issued by a competent authority of a non-Party only if 
the document substantially conforms to the requirements of the Treaty.
    (b) Additional certifications. In addition to the information in 
Sec. 23.23(c) through (e), a CITES document issued

[[Page 138]]

by a non-Party must contain the following certifications on the face of 
the document:

 
------------------------------------------------------------------------
Activity by a non-
       Party                            Certification
------------------------------------------------------------------------
(1) Export          (i) For Appendix-I and -II specimens, the Scientific
                     Authority has advised that the export will not be
                     detrimental to the survival of the species.
                    (ii) The Management Authority is satisfied that the
                     specimen was legally acquired.
------------------------------------------------------------------------
(2) Import          For Appendix-I specimens, the import will be for
                     purposes that are not detrimental to the survival
                     of the species.
------------------------------------------------------------------------



Sec. 23.26  When is a U.S. or foreign CITES document valid?

    (a) Purpose. Article VIII of the Treaty provides that Parties take 
appropriate measures to enforce the Convention to prevent illegal 
trafficking in wildlife and plants.
    (b) Original CITES documents. A separate original or a true copy of 
a CITES document must be issued before the import, introduction from the 
sea, export, or re-export occurs, and the document must accompany each 
shipment. No copy may be used in place of an original except as provided 
in Sec. 23.23(e)(3) or when a shipment is in transit (see Sec. 23.22). 
Fax or electronic copies are not acceptable.
    (c) Acceptance of CITES documents. We will accept a CITES document 
as valid for import, introduction from the sea, export, or re-export 
only if the document meets the requirements of this section, Sec. Sec. 
23.23 through 23.25, and the following conditions:

 
----------------------------------------------------------------------------------------------------------------
                 Key phrase                               Conditions for an acceptable CITES document
----------------------------------------------------------------------------------------------------------------
(1) Altered or modified CITES document......  The CITES document has not been altered (including by rubbing or
                                               scratching out), added to, or modified in any way unless the
                                               change is validated on the document by the stamp and authorized
                                               signature of the issuing Management Authority, or if the document
                                               was issued as a partially completed document, the Management
                                               Authority lists on the face of the document which blocks must be
                                               completed by the permit holder.
----------------------------------------------------------------------------------------------------------------
(2) Annual reports..........................  The Party issuing the CITES document has submitted annual reports
                                               and is not subject to any action under Article VIII paragraph
                                               7(a) that would not allow trade in CITES species.
----------------------------------------------------------------------------------------------------------------
(3) CITES document..........................  U.S. and foreign CITES documents must meet the general provisions
                                               and criteria in subparts C and E.
----------------------------------------------------------------------------------------------------------------
(4) Conditions..............................  All conditions on the CITES document are met.
----------------------------------------------------------------------------------------------------------------
(5) Convention implementation...............  The Party issuing the CITES document is not subject to any action
                                               under Article VIII or Article XIII paragraph 3 that would not
                                               allow trade in the species.
----------------------------------------------------------------------------------------------------------------
(6) Extension of validity...................  The validity of a CITES document may not be extended except as
                                               provided in Sec.  23.73 for certain timber species.
----------------------------------------------------------------------------------------------------------------
(7) Fraudulent CITES document or CITES        The CITES document is authentic and does not contain erroneous or
 document containing false information.        misleading information.
----------------------------------------------------------------------------------------------------------------
(8) Humane transport........................  Live wildlife or plants were transported in compliance with CITES'
                                               Guidelines for transport and preparation for shipment of live
                                               wild animals and plantsor, in the case of air transport of
                                               wildlife, the International Air Transport Association Live
                                               Animals Regulations. (See Sec.  23.23(c)(7).)
----------------------------------------------------------------------------------------------------------------
(9) Legal acquisition.......................  The Party or non-Party issuing the CITES document has made the
                                               required legal acquisition finding.
----------------------------------------------------------------------------------------------------------------

[[Page 139]]

 
(10) Management Authority and Scientific      The CITES document was issued by a Party or non-Party that has
 Authority.                                    designated a Management Authority and Scientific Authority and
                                               has provided information on these authorities to the Secretariat.
----------------------------------------------------------------------------------------------------------------
(11) Name of importer and exporter..........  A CITES document is specific to the name on the face of the
                                               document and may not be transferred or assigned to another
                                               person.
----------------------------------------------------------------------------------------------------------------
(12) Non-detriment..........................  The Party or non-Party issuing the CITES document has made the
                                               required non-detriment finding.
----------------------------------------------------------------------------------------------------------------
(13) Phytosanitary certificate..............  A phytosanitary certificate may be used to export artificially
                                               propagated plants only if the issuing Party has provided copies
                                               of the certificates, stamps, and seals to the Secretariat.
----------------------------------------------------------------------------------------------------------------
(14) Quota..................................  For species with a quota on file with the Secretariat, the
                                               quantity exported from a country does not exceed the quota.
----------------------------------------------------------------------------------------------------------------
(15) Registered commercial breeding           (i) The operation is included in the Secretariat's register.
 operation for Appendix-I wildlife.           (ii) Each specimen is specifically marked, and the mark is
                                               described on the CITES document.
----------------------------------------------------------------------------------------------------------------
(16) Registered commercial nursery for        The operation is included in the Secretariat's register.
 Appendix-I plants.
----------------------------------------------------------------------------------------------------------------
(17) Retrospective CITES documents..........  A CITES document was not issued retrospectively except as provided
                                               in Sec.  23.53.
----------------------------------------------------------------------------------------------------------------
(18) Shipment contents......................  The contents of the shipment match the description of specimens
                                               provided on the CITES document, including the units and species.
                                               A shipment cannot contain more or different specimens or species
                                               than certified or validated on the CITES document at the time of
                                               export or re-export; the quantity of specimens validated or
                                               certified may be less, but not more, than the quantity stated at
                                               the time of issuance.
----------------------------------------------------------------------------------------------------------------
(19) Wild-collected specimen................  A wild-collected specimen (indicated on the CITES document with a
                                               source code of ``W'') is not coming from a country that is
                                               outside the range of the species, unless we have information
                                               indicating that the species has been established in the wild in
                                               that country through accidental introduction or other means.
----------------------------------------------------------------------------------------------------------------

    (d) Verification of a CITES document. We may request verification of 
a CITES document from the Secretariat or a foreign Management Authority 
before deciding whether to accept it under some circumstances, 
including, but not limited to, the following:
    (1) We receive reliable information that indicates the need for 
CITES document verification.
    (2) We have reasonable grounds to believe that a CITES document is 
not valid or authentic because the species is being traded in a manner 
detrimental to the survival of the species or in violation of foreign 
wildlife or plant laws, or any applicable Management or Scientific 
Authority finding has not been made.
    (3) The re-export certificate refers to an export permit that does 
not exist or is not valid.
    (4) We have reasonable grounds to believe that the document is 
fraudulent, contains false information, or has unauthorized changes.
    (5) We have reasonable grounds to believe that the specimen 
identified as bred in captivity or artificially propagated is a wild 
specimen, was produced from illegally acquired parental stock, or 
otherwise does not qualify for these exemptions.
    (6) The import of a specimen designated as bred in captivity or 
artificially propagated is from a non-Party. For an Appendix-I specimen, 
we must consult with the Secretariat.
    (7) For a retrospectively issued CITES document, both the importing 
and exporting or re-exporting countries' Management Authorities have not 
agreed to the issuance of the document.
    (8) For a replacement CITES document, we need clarification of the 
reason the document was issued.

[[Page 140]]



Sec. 23.27  What CITES documents do I present at the port?

    (a) Purpose. Article VIII of the Treaty provides that Parties 
establish an inspection process that takes place at a port of exit and 
entry. Inspecting officials must verify that valid CITES documents 
accompany shipments and take enforcement action when shipments do not 
comply with the Convention.
    (b) U.S. port requirements. In the United States, you must follow 
the clearance requirements for wildlife in part 14 of this subchapter 
and for plants in part 24 of this subchapter and 7 CFR parts 319, 352, 
and 355, and the specific requirement in paragraphs (c) and (d) of this 
section.
    (c) General validation or certification process. Officials in each 
country inspect the shipment and validate or certify the CITES document. 
The table in this paragraph (c) provides information on:
    (1) The types of original CITES documents you must present to be 
validated or certified by the inspecting official to export or re-export 
from a country.
    (2) When you need to surrender a copy of the original CITES document 
to the inspecting official at the time of export or re-export.
    (3) When you need to surrender the original CITES document to the 
inspecting official at the time of import or introduction from the sea.

 
----------------------------------------------------------------------------------------------------------------
                                           Present original for                             Surrender original
                                            export or re-export     Surrender copy upon       upon  import or
         Type of CITES document                validation or        export or re-export    introductionfrom the
                                               certification                                        sea
----------------------------------------------------------------------------------------------------------------
Bred-in-captivity certificate             Required                Required                Required
----------------------------------------------------------------------------------------------------------------
Certificate for artificially propagated   Required                Required                Required
 plants
----------------------------------------------------------------------------------------------------------------
Certificate of origin                     Required                Required                Required
----------------------------------------------------------------------------------------------------------------
Certificate of ownership                  Required                Required                Not required; submit
                                                                                           copy
----------------------------------------------------------------------------------------------------------------
Export permit                             Required                Required                Required
----------------------------------------------------------------------------------------------------------------
Import permit                             Not required            Required                Required
----------------------------------------------------------------------------------------------------------------
Introduction-from-the-sea certificate     Not applicable          Not applicable          Required
----------------------------------------------------------------------------------------------------------------
Multiple-use document                     Required\1\             Required                Not required; submit
                                                                                           copy
----------------------------------------------------------------------------------------------------------------
Phytosanitary certificate                 Required                Required                Not required; submit
                                                                                           copy
----------------------------------------------------------------------------------------------------------------
Pre-Convention document                   Required                Required                Required
----------------------------------------------------------------------------------------------------------------
Re-export certificate                     Required                Required                Required
----------------------------------------------------------------------------------------------------------------
Registered Appendix-I commercial          Required                Required                Required
 breeding operation, export permit
----------------------------------------------------------------------------------------------------------------
Registered Appendix-I nursery, export     Required                Required                Required
 permit
----------------------------------------------------------------------------------------------------------------
Replacement document where a shipment     Not required            Not required            Required
 has been made and is in a foreign
 country
----------------------------------------------------------------------------------------------------------------
Replacement document where a shipment     Required                Required                Required
 has not left the United States
----------------------------------------------------------------------------------------------------------------
Retrospective document                    Not required            Not required            Required
----------------------------------------------------------------------------------------------------------------
Sample collection covered by an ATA       Required                Required                Not required; submit
 carnet, CITES document                                                                    copy
----------------------------------------------------------------------------------------------------------------
Traveling-exhibition certificate          Required                Required                Not required; submit
                                                                                           copy
----------------------------------------------------------------------------------------------------------------
\1\ Original must be available for inspection, but permit conditions will indicate whether an original or copy
  is to be validated.


[[Page 141]]

    (d) Customs declaration labels. The customs declaration label used 
to identify specimens being moved between registered scientific 
institutions (Sec. 23.48) must be affixed to the shipping container. 
The label does not require export or re-export validation or 
certification at the port.



       Subpart C_Application Procedures, Criteria, and Conditions



Sec. 23.32  How do I apply for a U.S. CITES document?

    (a) To apply for a U.S. CITES document, you must complete a standard 
application form and submit it to the appropriate office shown on the 
top of the form.
    (b) To determine the type of CITES document needed for your 
shipment, go to Sec. Sec. 23.18 through 23.20 for further guidance.
    (c) If a species is also regulated under another part of this 
subchapter (such as endangered or threatened species, see Sec. 23.3), 
the requirements of all parts must be met. You may submit a single 
application that contains all the information needed to meet the 
requirements of CITES and other applicable parts.
    (d) You must also follow the general permit procedures in part 13 of 
this subchapter.
    (e) You should review the criteria in all applicable regulations in 
this subchapter that apply to the type of permit you are seeking before 
completing the application form.
    (f) We will review your application to assess whether it contains 
the information needed to make the required findings.
    (1) Based on available information, we will decide if any of the 
exemptions apply and what type of CITES document you need.
    (2) If we need additional information, we will contact you. If you 
do not provide the information within 45 calendar days, we will abandon 
your application. If your application is abandoned and you wish to apply 
for a permit at a later time, you must submit a new application.



Sec. 23.33  How is the decision made to issue or deny a request

for a U.S. CITES document?

    (a) Upon receiving a complete application, we will decide whether to 
issue a CITES document by considering:
    (1) The general criteria in Sec. 13.21(b) of this subchapter and, 
if the species is protected under a separate law or treaty, criteria in 
any other applicable parts.
    (2) The CITES issuance criteria provided in this subpart (see 
subpart D of this part for factors we consider in making certain 
findings).
    (b) As needed, the U.S. Management Authority, including FWS Law 
Enforcement, will forward a copy of the application to the U.S. 
Scientific Authority; State, tribal, or other Federal government 
agencies; or other applicable experts. We may also query the Secretariat 
and foreign Management and Scientific Authorities for information to use 
in making the required findings.
    (c) You must provide sufficient information to satisfy us that all 
criteria specific to the proposed activity are met before we can issue a 
CITES document.
    (d) We will base our decision on whether to issue or deny the 
application on the best available information.



Sec. 23.34  What kinds of records may I use to show the origin of 

a specimen when I apply for a U.S. CITES document?

    (a) When you apply for a U.S. CITES document, you will be asked to 
provide information on the origin of the specimen that will be covered 
by the CITES document.
    (1) You need to provide sufficient information for us to determine 
if the issuance criteria in this part are met (see the sections in this 
subpart for each type of CITES document).
    (2) We require less detailed information when the import, 
introduction from the sea, export, or re-export poses a low risk to a 
species in the wild and more detailed information when the proposed 
activity poses greater risk to a species in the wild (see Subpart D of 
this part for factors we consider in making certain findings).

[[Page 142]]

    (b) Information you may want to provide in a permit application 
includes, but is not limited to, the following:

 
----------------------------------------------------------------------------------------------------------------
                   Source of specimen                                        Types of records
----------------------------------------------------------------------------------------------------------------
(1) Captive-bred or cultivated\1\......................  (i) Records that identify the breeder or propagator of
                                                          the specimens that have been identified by birth,
                                                          hatch, or propagation date and for wildlife by sex,
                                                          size, band number, or other mark, or for plants by
                                                          size or other identifying feature:
                                                         (A) Signed and dated statement by the breeder or
                                                          propagator that the specimen was bred or propagated
                                                          under controlled conditions.
                                                         (B) Name and address of the breeder or propagator as
                                                          shown by documents such as an International Species
                                                          Information System (ISIS) record, veterinary
                                                          certificate, or plant nursery license.
                                                         (ii) Records that document the breeding or propagating
                                                          of specimens at the facility:
                                                         (A) Number of wildlife (by sex and age- or size-class)
                                                          or plants at the facility.
                                                         (B) How long the facility has been breeding or
                                                          propagating the species.
                                                         (C) Annual production and mortalities.
                                                         (D) Number of specimens sold or transferred annually.
                                                         (E) Number of specimens added from other sources
                                                          annually.
                                                         (F) Transaction records with the date, species,
                                                          quantity of specimens, and name and address of seller.
                                                         (G) Marking system, if applicable.
                                                         (H) Photographs or video of facility, including for
                                                          wildlife any activities during nesting and production
                                                          and rearing of young, and for plants, different stages
                                                          of growth.
----------------------------------------------------------------------------------------------------------------
(2) Confiscated or seized..............................  Copy of remission decision, legal settlement, or
                                                          disposal action after forfeiture or abandonment, which
                                                          demonstrates the applicant's legal possession.
----------------------------------------------------------------------------------------------------------------
(3) Exempt plant material..............................  Records that document how you obtained the exempt plant
                                                          material, including the name and address of the person
                                                          from whom you received the plant material.
----------------------------------------------------------------------------------------------------------------
(4) Imported previously................................  (i) A copy of the cancelled CITES document that
                                                          accompanied the shipment into the United States.
                                                         (ii) For wildlife, copies of cleared Declarations for
                                                          Importation or Exportation of Fish or Wildlife (Form 3-
                                                          177) associated with each specimen.
----------------------------------------------------------------------------------------------------------------
(5) Pre-Convention.....................................  Records that show the specimen was acquired before the
                                                          date the provisions of the Convention first applied to
                                                          it, such as:
                                                         (i) Receipt or invoice.
                                                         (ii) Catalog, inventory list, photograph, or art book.
                                                         (iii) Statement from a qualified appraiser attesting to
                                                          the age of a manufactured product.
                                                         (iv) CBP (formerly U.S. Customs Service) import
                                                          documents.
                                                         (v) Phytosanitary certificate.
                                                         (vi) Veterinary document or breeding or propagation
                                                          logs.
----------------------------------------------------------------------------------------------------------------
(6) Sequential ownership or purchase...................  (i) Records that specifically identify the specimen,
                                                          give the name and address of the owner, and show the
                                                          specimen's origin (pre-Convention, previously
                                                          imported, wild-collected, or born or propagated in a
                                                          controlled environment in the United States).
                                                         (ii) Records that document the history of all transfers
                                                          in ownership (generally not required for pre-
                                                          Convention specimens).
----------------------------------------------------------------------------------------------------------------
(7) Unknown origin, for noncommercial purposes.........  A complete description of the circumstances under which
                                                          the specimen was acquired (where, when, and from whom
                                                          the specimen was acquired), including efforts made to
                                                          obtain information on the origin of the specimen.
----------------------------------------------------------------------------------------------------------------

[[Page 143]]

 
(8) Wild-collected.....................................  Records, such as permits, licenses, and tags, that
                                                          demonstrate the specimen or the parental stock was
                                                          legally removed from the wild under relevant foreign,
                                                          Federal, tribal, State, or local wildlife or plant
                                                          conservation laws or regulations:
                                                         (i) If taken on private or tribal land, permission of
                                                          the landowner if required under applicable law.
                                                         (ii) If taken in a national, State, or local park,
                                                          refuge, or other protected area, permission from the
                                                          applicable agency, if required.
----------------------------------------------------------------------------------------------------------------
\1\ If the wildlife was born in captivity from an egg collected from the wild or from parents that mated or
  exchanged genetic material in the wild, or the plant was propagated from a non-exempt propagule collected from
  a wild plant, see paragraph (b)(8) of this section.

    (c) If you intend to engage in international trade with a CITES 
specimen in the future, you should keep sufficient records to establish 
your eligibility for a CITES document for as long as you possess the 
specimen, and if you sell, donate, or transfer ownership of the 
specimen, you should provide such records on the origin of the specimen 
to the new owner.



Sec. 23.35  What are the requirements for an import permit?

    (a) Purpose. Article III(3) of the Treaty sets out the conditions 
under which a Management Authority can issue an import permit.
    (b) U.S. application forms. Complete the appropriate form for the 
proposed activity and submit it to the U.S. Management Authority:

 
------------------------------------------------------------------------
Type of application for an import permit for an Appendix-I
                         specimen                             Form no.
------------------------------------------------------------------------
(1) CITES:
Southern African Leopard, African Elephant, and Namibian
 Southern White Rhinoceros Sport-hunted Trophies
Appendix-I Plants
Appendix-I Wildlife
Appendix-I Biological Samples
3-200-19
3-200-35
3-200-37
3-200-29
------------------------------------------------------------------------
(2) Endangered Species Act and CITES:
ESA Plants
ESA Sport-hunted Trophies
ESA Wildlife
3-200-36
3-200-20
3-200-37
------------------------------------------------------------------------
(3) Marine Mammal Protection Act and CITES:
Marine Mammals
3-200-43
------------------------------------------------------------------------
(4) Wild Bird Conservation Act and CITES:
Personal Pet Bird
Under an Approved Cooperative Breeding Program
Scientific Research or Zoological Breeding/Display
3-200-46
3-200-48
3-200-47
------------------------------------------------------------------------

    (c) Criteria. The criteria in this paragraph (c) apply to the 
issuance and acceptance of U.S. and foreign import permits. When 
applying for a U.S. import permit, you must provide sufficient 
information for us to find that your proposed activity meets all of the 
following criteria:

[[Page 144]]



 
------------------------------------------------------------------------
 Criteria for an import permit for an Appendix-I specimen     Section
------------------------------------------------------------------------
(1) The proposed import would be for purposes that are     23.61
 not detrimental to the survival of the species.
------------------------------------------------------------------------
(2) The specimen will not be used for primarily            23.62
 commercial purposes.
------------------------------------------------------------------------
(3) The recipients are suitably equipped to house and      23.65
 care for any live wildlife or plant to be imported.
------------------------------------------------------------------------
(4) The scientific name of the species is the standard     23.23
 nomenclature in the CITES Appendices or the references
 adopted by the CoP.
------------------------------------------------------------------------

    (d) U.S. standard conditions. You must meet all of the provisions on 
use after import in Sec. 23.55 and the standard conditions in Sec. 
23.56.
    (e) Prior issuance of an import permit. For Appendix-I specimens, 
the Management Authority of the exporting country may:
    (1) Issue an export permit for live or dead specimens or a re-export 
certificate for live specimens only after the Management Authority of 
the importing country has either issued an import permit or confirmed in 
writing that an import permit will be issued.
    (2) Accept oral confirmation from the Management Authority of the 
importing country that an import permit will be issued in an emergency 
situation where the life or health of the specimen is threatened and no 
means of written communication is possible.
    (3) Issue a re-export certificate for a dead specimen without 
confirmation that the import permit has been issued.



Sec. 23.36  What are the requirements for an export permit?

    (a) Purposes. Articles III, IV, and V of the Treaty set out the 
conditions under which a Management Authority may issue an export permit 
for an Appendix-I, -II, or -III specimen. Article XIV sets out the 
conditions under which a Management Authority may issue a document for 
export of certain Appendix-II marine specimens protected under a pre-
existing treaty, convention, or international agreement.
    (b) U.S. application forms. Complete the appropriate form for the 
proposed activity and submit it to the U.S. Management Authority. Form 
3-200-26 may also be submitted to FWS Law Enforcement at certain ports 
or regional offices:

[[Page 145]]



 
------------------------------------------------------------------------
         Type of application for an export permit             Form no.
------------------------------------------------------------------------
(1) CITES:
American Ginseng
Appendix-I Plants Artificially Propagated for Commercial
 Purposes
Biological Specimens
Captive-born Raptors
Captive-born Wildlife (except raptors)
Caviar/Meat of Paddlefish or Sturgeon, Removed from the
 Wild
Export of Skins/Products of Bobcat, Canada Lynx, River
 Otter, Brown Bear, Gray Wolf, and American Alligator
 Taken under an Approved State or Tribal Program
Personal Pets, One-time Export
Plants
Registration of a Native Species Production Facility
Single-use Permits under a Master File or an Annual
 Program File
Trophies by Taxidermists
Wildlife, Removed from the Wild
3-200-34
3-200-33
3-200-29
3-200-25
3-200-24
3-200-76
3-200-26
 
3-200-46
3-200-32
3-200-75
3-200-74
3-200-28
3-200-27
------------------------------------------------------------------------
(2) Endangered Species Act and CITES:
ESA Plants
ESA Wildlife
3-200-36
3-200-37
------------------------------------------------------------------------
(3) Marine Mammal Protection Act and CITES:
Biological Samples
Live Captive-held Marine Mammals
Take from the Wild for Export
3-200-29
3-200-53
3-200-43
------------------------------------------------------------------------

    (c) Criteria. The criteria in this paragraph (c) apply to the 
issuance and acceptance of U.S. and foreign export permits except as 
provided for certain marine specimens in paragraph (d) of this section. 
When applying for a U.S. permit or certificate, you must provide 
sufficient information for us to find that your proposed activity meets 
all of the following criteria:

 
----------------------------------------------------------------------------------------------------------------
                                                              Appendix of the specimen
        Criteria for an export permit         -------------------------------------------------------   Section
                                                       I                 II                III
----------------------------------------------------------------------------------------------------------------
(1) The wildlife or plant was legally          Yes                Yes               Yes               23.60
 acquired.
----------------------------------------------------------------------------------------------------------------
(2) The proposed export would not be           Yes                Yes               n/a               23.61
 detrimental to the survival of the species.
----------------------------------------------------------------------------------------------------------------
(3) An import permit has already been issued   Yes                n/a               n/a               23.35
 or the Management Authority of the importing
 country has confirmed that it will be
 issued.
----------------------------------------------------------------------------------------------------------------

[[Page 146]]

 
(4) The scientific name of the species is the  Yes                Yes               Yes               23.23
 standard nomenclature in the CITES
 Appendices or the references adopted by the
 CoP.
----------------------------------------------------------------------------------------------------------------
(5) Live wildlife or plants will be prepared   Yes                Yes               Yes               23.23
 and shipped so as to minimize risk of
 injury, damage to health, or cruel treatment
 of the specimen.
----------------------------------------------------------------------------------------------------------------
(6) The specimen originated in a country that  n/a                n/a               Yes               23.20
 listed the species.
----------------------------------------------------------------------------------------------------------------
(7) For wildlife with the source code ``W''    Yes                n/a               n/a               -
 or ``F,'' the export is for noncommercial
 purposes. (See Sec.  23.46 for the export
 of specimens that originated at a commercial
 breeding operation for Appendix-I wildlife
 that is registered with the Secretariat.)
----------------------------------------------------------------------------------------------------------------

    (d) Export of certain exempt marine specimens. Article XIV(4) and 
(5) of the Treaty provide a limited exemption for Appendix-II marine 
species that are protected under another treaty, convention, or 
international agreement that was in force at the time CITES entered into 
force. When all of the following conditions are met, export of exempt 
Appendix-II marine wildlife or plants requires only that the shipment is 
accompanied by a document issued by the Management Authority of the 
exporting country indicating that the specimens were taken in accordance 
with the provisions of the other international treaty, convention, or 
agreement:
    (1) The exporting country is a CITES Party and is a party to an 
international treaty, convention, or agreement that affords protection 
to the species and was in force on July 1, 1975.
    (2) The ship that harvested the specimen is registered in the 
exporting country.
    (3) The specimen was taken within waters under the jurisdiction of 
the exporting country or in the marine environment not under the 
jurisdiction of any country.
    (4) The specimen was taken in accordance with the other 
international treaty, convention, or agreement, including any quotas.
    (5) The shipment is accompanied by any official document required 
under the other international treaty, convention, or agreement or 
otherwise required by law.
    (e) Export of exempt specimens from the United States. To export a 
specimen exempted under paragraph (d) of this section, you must obtain a 
CITES document from the U.S. Management Authority that indicates the 
specimen was taken in accordance with the provisions of another 
international treaty, convention, or agreement that was in force on July 
1, 1975.
    (f) U.S. application for export of exempt specimens. To apply for a 
CITES exemption document under paragraph (e) of this section, complete 
the appropriate form for your activity and submit it to the U.S. 
Management Authority.
    (g) Criteria for certain exempt marine specimens. The criteria in 
this paragraph (g) apply to the issuance and acceptance of U.S. and 
foreign export documents. To obtain a U.S. CITES document for export of 
specimens exempted under paragraph (d) of this section you must provide 
sufficient information for us to find that your proposed export meets 
all of the following issuance criteria:
    (1) The specimen was taken in accordance with the provisions of an 
applicable international treaty, convention, or agreement that was in 
force on July 1, 1975.
    (2) The scientific name of the CITES species is in the standard 
nomenclature in the CITES Appendices or references adopted by the CoP 
(see Sec. 23.23).
    (3) The ship that harvested the specimen is registered in the 
exporting country.

[[Page 147]]

    (4) The specimen was taken within waters under the jurisdiction of 
the exporting country or in the marine environment not under the 
jurisdiction of any country.



Sec. 23.37  What are the requirements for a re-export certificate?

    (a) Purposes. Articles III, IV, and V of the Treaty set out the 
conditions under which a Management Authority may issue a re-export 
certificate for an Appendix-I, -II, or -III specimen.
    (b) U.S. application forms. Complete the appropriate form for the 
proposed activity and submit it to the U.S. Management Authority. Form 
3-200-73 may also be submitted to Law Enforcement at certain ports or 
regional offices:

 
------------------------------------------------------------------------
      Type of application for a re-export certificate         Form no.
------------------------------------------------------------------------
(1) CITES:
Biological Specimens
Plants
Single-use Permits under a Master File or an Annual
 Program File
Trophies by Taxidermists
Wildlife
3-200-29
3-200-32
3-200-74
3-200-28
3-200-73
------------------------------------------------------------------------
(2) Endangered Species Act and CITES:
ESA Plants
ESA Wildlife
3-200-36
3-200-37
------------------------------------------------------------------------
(3) Marine Mammal Protection Act and CITES:
Biological Samples
Live Captive-held Marine Mammals
3-200-29
3-200-53
------------------------------------------------------------------------

    (c) Criteria. The criteria in this paragraph (c) apply to the 
issuance and acceptance of U.S. and foreign re-export certificates. When 
applying for a U.S. certificate, you must provide sufficient information 
for us to find that your proposed activity meets all of the following 
criteria:

 
----------------------------------------------------------------------------------------------------------------
                                                              Appendix of the specimen
     Criteria for a re-export certificate     -------------------------------------------------------   Section
                                                       I                 II                III
----------------------------------------------------------------------------------------------------------------
(1) The wildlife or plant was legally          Yes                Yes               Yes               23.60
 acquired.
----------------------------------------------------------------------------------------------------------------
(2) The scientific name of the species is the  Yes                Yes               Yes               23.23
 standard nomenclature in the CITES
 Appendices or the references adopted by the
 CoP.
----------------------------------------------------------------------------------------------------------------
(3) For a live specimen, an import permit has  Yes                n/a               n/a               23.35
 already been issued or the Management
 Authority of the importing country has
 confirmed that it will be issued. This
 criterion does not apply to a specimen with
 the source code ``D.''
----------------------------------------------------------------------------------------------------------------
(4) Live wildlife or plants will be prepared   Yes                Yes               Yes               23.23
 and shipped so as to minimize risk of
 injury, damage to health, or cruel treatment
 of the specimen.
----------------------------------------------------------------------------------------------------------------
(5) For re-export of a confiscated specimen,   Yes                Yes               n/a               23.61
 the proposed re-export would not be
 detrimental to the survival of the species.
----------------------------------------------------------------------------------------------------------------

[[Page 148]]

 
(6) For wildlife with the source code ``W''    Yes                n/a               n/a               -
 or ``F,'' the re-export is for noncommercial
 purposes.
----------------------------------------------------------------------------------------------------------------



Sec. 23.38  What are the requirements for a certificate of origin?

    (a) Purpose. Article V(3) of the Treaty requires that a shipment of 
Appendix-III specimens be accompanied by a certificate of origin when 
the shipment is not from a country that listed the species in Appendix 
III and is not a re-export.
    (b) U.S. application forms. For a certificate of origin, complete 
one of the following forms and submit it to the U.S. Management 
Authority:
    (1) Form 3-200-27 for wildlife removed from the wild.
    (2) Form 3-200-24 for captive-born wildlife.
    (3) Form 3-200-32 for plants.
    (c) Criteria. The criteria in this paragraph (c) apply to the 
issuance and acceptance of U.S. and foreign certificates of origin. When 
applying for a U.S. certificate, you must provide sufficient information 
for us to find that your proposed activity meets all of the following 
criteria:
    (1) The specimen originated in the country of export, which is not a 
country that listed the species in Appendix III. In the case of a 
listing that is annotated to cover only a certain population, no CITES 
document is required if the listed population does not occur in the 
country of export. For U.S. applicants, the country of origin must be 
the United States.
    (2) The scientific name of the species is the standard nomenclature 
in the CITES Appendices or the references adopted by the CoP (see Sec. 
23.23).
    (3) Live wildlife or plants will be prepared and shipped so as to 
minimize risk of injury, damage to health, or cruel treatment of the 
specimen (see Sec. 23.23).



Sec. 23.39  What are the requirements for an introduction-from-the-sea 

certificate?

    (a) Purpose. Articles III(5), IV(6), and IV(7) of the Treaty set out 
the conditions under which a Management Authority may issue an 
introduction-from-the-sea certificate.
    (b) U.S. application form. Complete Form 3-200-31 and submit it to 
the U.S. Management Authority.
    (c) Criteria. The criteria in this paragraph (c) apply to the 
issuance and acceptance of U.S. certificates. You must provide 
sufficient information for us to find that your proposed activity meets 
all of the following criteria:

 
----------------------------------------------------------------------------------------------------------------
                                                             Appendix of the  specimen
    Criteria for an introduction-from-the-sea     ----------------------------------------------     Section
                   certificate                               I                      II
----------------------------------------------------------------------------------------------------------------
(1) The specimen was taken in the marine           Yes                    Yes                    -
 environment not under the jurisdiction of any
 country.
----------------------------------------------------------------------------------------------------------------
(2) The proposed introduction from the sea would   Yes                    Yes                    23.61
 not be detrimental to the survival of the
 species.
----------------------------------------------------------------------------------------------------------------
(3) The specimen will not be used for primarily    Yes                    n/a                    23.62
 commercial purposes.
----------------------------------------------------------------------------------------------------------------
(4) The recipients are suitably equipped to house  Yes                    n/a                    23.65
 and care for live wildlife or plants.
----------------------------------------------------------------------------------------------------------------
(5) The scientific name of the species is the      Yes                    Yes                    23.23
 standard nomenclature in the CITES Appendices or
 the references adopted by the CoP.
----------------------------------------------------------------------------------------------------------------

[[Page 149]]

 
(6) Live wildlife or plants will be prepared and   Yes                    Yes                    23.23
 shipped so as to minimize risk of injury, damage
 to health, or cruel treatment of the specimen.
----------------------------------------------------------------------------------------------------------------

    (d) Exemption. As allowed under Article XIV(4) and (5) of the 
Treaty, you may directly introduce into the United States any Appendix-
II wildlife or plant taken in the marine environment that is not under 
the jurisdiction of any country without a CITES document when all of the 
following conditions are met:
    (1) The United States is a party to an international treaty, 
convention, or agreement that affords protection to the species and was 
in force on July 1, 1975.
    (2) The ship that harvested the specimen is registered in the United 
States.
    (3) The specimen was taken in accordance with the other 
international treaty, convention, or agreement, including any quotas.
    (4) The shipment is accompanied by any official document required 
under the other international treaty, convention, or agreement or 
otherwise required by U.S. law.
    (e) Export of exempt specimens. To export a specimen exempted under 
paragraph (d) of this section, you must obtain a CITES document from the 
U.S. Management Authority that indicates the specimen was taken in 
accordance with the provisions of the other international treaty, 
convention, or agreement that was in force on July 1, 1975. See 
requirements in Sec. 23.36 (e) through (g).
    (f) Appendix III. Appendix-III species introduced from the sea do 
not require introduction-from-the-sea certificates. However, the 
subsequent international trade of an Appendix-III specimen introduced 
from the sea would be considered an export requiring a CITES document 
(see Sec. 23.20(f)).



Sec. 23.40  What are the requirements for a certificate for artificially

propagated plants?

    (a) Purpose. Article VII(5) of the Treaty grants an exemption to 
plants that are artificially propagated when a Management Authority 
issues a certificate.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of a certificate for artificially 
propagated Appendix-I, -II, or -III plants:
    (1) The certificate for artificially propagated plants and any 
subsequent re-export certificate must show the source code as ``A'' for 
artificially propagated.
    (2) For an Appendix-I specimen that satisfies the requirements of 
this section, no CITES import permit is required.
    (c) U.S. application form. Complete Form 3-200-33 and submit it to 
the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign certificates. When applying 
for a U.S. certificate, you must provide sufficient information for us 
to find that your proposed activity meets all of the following criteria:

 
----------------------------------------------------------------------------------------------------------------
                                                         Appendix of the  specimen
    Criteria for a certificate for     ------------------------------------------------------------    Section
    artificially propagated plants               I                  II                  III
----------------------------------------------------------------------------------------------------------------
 (1) The plant was artificially         Yes                 Yes                 Yes                 23.64
 propagated.
----------------------------------------------------------------------------------------------------------------

[[Page 150]]

 
(2) The plant specimen is one of the    Yes                 n/a                 n/a                 ............
 following:
(i) Was propagated for noncommercial
 purposes.
(ii) Is part of a traveling
 exhibition.
(iii) Is a hybrid of one or more
 Appendix-I species or taxa that is
 not annotated to include hybrids in
 the listing and was propagated for
 commercial or noncommercial purposes.
----------------------------------------------------------------------------------------------------------------
(3) The scientific name of the species  Yes                 Yes                 Yes                 23.23
 is the standard nomenclature in the
 CITES Appendices or the references
 adopted by the CoP.
----------------------------------------------------------------------------------------------------------------
(4) The live plant will be prepared     Yes                 Yes                 Yes                 23.23
 and shipped so as to minimize risk of
 injury, damage to health, or cruel
 treatment of the specimen.
----------------------------------------------------------------------------------------------------------------

    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, you must meet all of the following conditions:
    (1) You may not export or re-export a plant (including its parts, 
products, or derivatives) under this certificate if the plant was 
removed from the wild or grown directly from a wild seed, except for 
plants grown from exempt plant materials that qualify as artificially 
propagated.
    (2) You may not export an Appendix-I species that was propagated for 
commercial purposes under this certificate, except for hybrids of one or 
more Appendix-I species or taxa that are not annotated to include 
hybrids in the listing.
    (3) You may export a native plant under this certificate only when 
specifically approved for export and listed on the certificate, 
inventory sheet, or an approved species list.
    (4) You may export a specimen under a higher-taxon name only if you 
identified the taxon in your application and we approved it on this 
certificate.



Sec. 23.41  What are the requirements for a bred-in-captivity certificate?

    (a) Purpose. Article VII(5) of the Treaty grants an exemption to 
wildlife that is bred in captivity when a Management Authority issues a 
certificate.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of a certificate for Appendix-I, -
II, or -III wildlife that was bred in captivity:
    (1) The certificate and any subsequent re-export certificate must 
show the source code as ``C'' for bred in captivity.
    (2) For an Appendix-I specimen that satisfies the requirements of 
this section, no CITES import permit is required.
    (c) U.S. application form. Complete Form 3-200-24 and submit it to 
the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign certificates. When applying 
for a U.S. certificate, you must provide sufficient information for us 
to find that your proposed activity meets all of the following criteria:

 
----------------------------------------------------------------------------------------------------------------
                                               Appendix of the  specimen
 Criteria for a bred-in-captivity  ------------------------------------------------            Section
            certificate                    I              II              III
----------------------------------------------------------------------------------------------------------------
(1) The wildlife was bred in        Yes             Yes             Yes             23.63
 captivity.
----------------------------------------------------------------------------------------------------------------

[[Page 151]]

 
(2) The wildlife specimen was bred  Yes             n/a             n/a             23.5
 for noncommercial purposes or is
 part of a traveling exhibition.
----------------------------------------------------------------------------------------------------------------
(3) The scientific name of the      Yes             Yes             Yes             23.23
 species is the standard
 nomenclature in the CITES
 Appendices or the references
 adopted by the CoP.
----------------------------------------------------------------------------------------------------------------
(4) Live wildlife will be prepared  Yes             Yes             Yes             23.23
 and shipped so as to minimize
 risk of injury, damage to health,
 or cruel treatment of the
 specimen.
----------------------------------------------------------------------------------------------------------------



Sec. 23.42  What are the requirements for a plant hybrid?

    General provisions. Except as provided in Sec. 23.92, the export, 
re-export, or import of a plant hybrid of a CITES species must be 
accompanied by a valid CITES document that shows the Appendix of the 
specimen as follows:

 
------------------------------------------------------------------------
     Question on a plant hybrid         Answer and status of specimen
------------------------------------------------------------------------
(a) Is the specimen an artificially  (1) YES. Continue to paragraph (b)
 propagated hybrid of one or more     of this section.
 Appendix-I species or taxa?         (2) NO. Continue to paragraph (c)
                                      of this section.
------------------------------------------------------------------------
(b) Is one or more of the Appendix-  (1) YES. The hybrid is listed in
 I species or taxa in paragraph (a)   Appendix I.
 of this section annotated to        (2) NO. The hybrid is listed in
 include hybrids?                     Appendix I, but may be granted a
                                      certificate for artificially
                                      propagated plants even if
                                      propagated for commercial
                                      purposes.
------------------------------------------------------------------------
(c) Is the specimen a hybrid that    (1) YES. Consider the specimen to
 includes two or more CITES species   be listed in the more restrictive
 or taxa in its lineage?              Appendix, with Appendix I being
                                      the most restrictive and Appendix
                                      III the least.
                                     (2) NO. Continue to paragraph (d)
                                      of this section.
------------------------------------------------------------------------
(d) Is the specimen a hybrid that    (1) YES. Consider the specimen to
 includes one CITES species or        be listed in the Appendix in which
 taxon in its lineage?                the species or taxon is listed in
                                      the CITES Appendices.
                                     (2) NO. The hybrid is not regulated
                                      by CITES.
------------------------------------------------------------------------



Sec. 23.43  What are the requirements for a wildlife hybrid?

    (a) Definition. For the purposes of this section, recent lineage 
means the last four generations of a specimen's ancestry (direct line of 
descent).
    (b) U.S. and foreign general provisions. Except as provided in 
paragraph (f) of this section, the import, export, or re-export of a 
hybrid CITES wildlife specimen must be accompanied by a valid CITES 
document.
    (c) CITES documents. All CITES documents must show the wildlife 
hybrid listed in the following Appendix:

 
----------------------------------------------------------------------------------------------------------------
                                                                                   Then the specimen is  listed
          If at least one specimen in the recent lineage is listed in:                          in:
----------------------------------------------------------------------------------------------------------------
(1) Appendix I                                                                    Appendix I
----------------------------------------------------------------------------------------------------------------
(2) Appendix II, and an Appendix-I species is not included in the recent lineage  Appendix II
----------------------------------------------------------------------------------------------------------------
(3) Appendix III, and an Appendix-I or -II species is not included in the recent  Appendix III
 lineage
----------------------------------------------------------------------------------------------------------------

    (d) U.S. application for wildlife hybrid. To apply for a CITES 
document, complete the appropriate form for the proposed activity (see 
Sec. Sec. 23.18 through

[[Page 152]]

23.20) and submit it to the U.S. Management Authority.
    (e) Criteria. For export of a hybrid that contains a CITES species 
in its recent lineage, you must meet the requirements of Sec. 23.36.
    (f) Exempt wildlife hybrids. The following provisions apply to 
import, export, or re-export of exempt wildlife hybrids:
    (1) A hybrid between a CITES species and a non-CITES species may be 
exempt from CITES document requirements if there are no purebred CITES 
species in the previous four generations of the specimen's ancestry 
(direct line of descent). Under this section, a hybrid between two CITES 
species is not exempt.
    (2) For import, export, or re-export of an exempt wildlife hybrid 
without CITES documents, you must provide information at the time of 
import or export to clearly demonstrate that your specimen has no 
purebred CITES species in the previous four generations of its ancestry. 
Although a CITES document is not required, you must follow the clearance 
requirements for wildlife in part 14 of this subchapter, including the 
prior notification requirements for live wildlife.



Sec. 23.44  What are the requirements to travel internationally with my

personally owned live wildlife?

    (a) Purpose. A Management Authority may use the exemption in Article 
VII(3) of the Treaty to issue a certificate of ownership that authorizes 
frequent cross-border movements of personally owned live wildlife for 
personal use.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of a certificate of ownership for 
frequent international travel with live wildlife for personal use:
    (1) The certificate must be obtained from the Management Authority 
in the country of the owner's primary residence.
    (2) Parties should treat the certificate like a passport for import 
to and export or re-export from each country and should not collect the 
original certificate at the border.
    (3) If offspring are born or an additional specimen is acquired 
while the owner is outside his or her country of primary residence, the 
owner must obtain the appropriate CITES document for the export or re-
export of the wildlife, not a certificate of ownership, from the 
Management Authority of that country.
    (4) Upon returning home, the owner may apply for a certificate of 
ownership for wildlife born or acquired overseas.
    (c) U.S. application form. Complete Form 3-200-64 and submit it to 
the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign certificates. When applying 
for a U.S. certificate, you must provide sufficient information for us 
to find that your proposed activity meets all of the following criteria:
    (1) The traveler owns the live wildlife and it will accompany the 
owner.
    (2) The cross-border movement will be frequent and for personal use, 
including, but not limited to, companionship or use in a noncommercial 
competition such as falconry.
    (3) To apply for a U.S. certificate, the owner resides in the United 
States.
    (4) The wildlife was legally acquired (see Sec. 23.60).
    (5) The owner does not intend to sell, donate, or transfer the 
wildlife while traveling internationally.
    (6) The scientific name of the species is the standard nomenclature 
in the CITES Appendices or the references adopted by the CoP (see Sec. 
23.23).
    (7) The Management Authority of the country of import has agreed to 
the cross-border movement.
    (8) The wildlife is securely marked or uniquely identified in such a 
manner that the border official can verify that the specimen and CITES 
document correspond.
    (9) The wildlife is transported and cared for in a way that 
minimizes risk of injury, damage to health, or cruel treatment of the 
specimen (see Sec. 23.23).
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, all of the following conditions must be met:
    (1) You must accompany the wildlife during any cross-border 
movement.

[[Page 153]]

    (2) You must transport the wildlife for personal use only.
    (3) You must not sell, donate, or transfer the specimen while 
traveling internationally.
    (4) You must present the certificate to the official for validation 
at each border crossing.
    (5) If the certificate is lost, stolen, or accidentally destroyed, 
you must obtain a replacement certificate from the issuing Management 
Authority.
    (6) If you no longer own the live wildlife, you must immediately 
return the original document to the issuing Management Authority and 
report on the disposition of the wildlife, such as death, sale, or 
transfer.



Sec. 23.45  What are the requirements for a pre-Convention specimen?

    (a) Purpose. Article VII(2) of the Treaty exempts a pre-Convention 
specimen from standard permitting requirements in Articles III, IV, and 
V of the Treaty when the exporting or re-exporting country is satisfied 
that the specimen was acquired before the provisions of CITES applied to 
it and issues a CITES document to that effect.
    (b) U.S. and foreign general provisions. The following general 
provisions apply to the issuance and acceptance of pre-Convention 
documents:
    (1) Trade in a specimen under the pre-Convention exemption is 
allowed only if the importing country will accept a pre-Convention 
certificate.
    (2) The pre-Convention date is the date the species was first listed 
under CITES regardless of whether the species has subsequently been 
transferred from one Appendix to another.
    (3) For a pre-Convention Appendix-I specimen, no CITES import permit 
is required.
    (4) The pre-Convention exemption does not apply to offspring or cell 
lines of any wildlife or plant born or propagated after the date the 
species was first listed under CITES.
    (c) U.S. application form. Complete Form 3-200-23 (wildlife) or Form 
3-200-32 (plants) and submit it to the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign certificates. When applying 
for a U.S. certificate, you must provide sufficient information for us 
to find that the specimen meets all of the following criteria:
    (1) The specimen was removed from the wild or born or propagated in 
a controlled environment before the date CITES first applied to it, or 
is a product (including a manufactured item) or derivative made from 
such specimen.
    (2) The scientific name of the species is the standard nomenclature 
in the CITES Appendices or the references adopted by the CoP (see Sec. 
23.23).
    (3) Live wildlife or plants will be prepared and shipped so as to 
minimize risk of injury, damage to health, or cruel treatment of the 
specimen.
    (4) For the re-export of a pre-Convention specimen previously 
imported under a CITES document, the wildlife or plant was legally 
imported.



Sec. 23.46  What are the requirements for registering a commercial

breeding operation for Appendix-I wildlife and commercially
exporting specimens?

    (a) Purpose. Article VII(4) of the Treaty provides that Appendix-I 
specimens that are bred in captivity for commercial purposes shall be 
deemed to be listed in Appendix II. This means that an Appendix-I 
specimen originating from a commercial breeding operation that is 
registered with the CITES Secretariat may be traded under an export 
permit or re-export certificate based on Appendix-II criteria. The 
specimen is still listed in Appendix I and is not eligible for any 
exemption granted to an Appendix-II species or taxon, including any 
exemption granted by an annotation (see Sec. 23.92).
    (b) U.S. and foreign general provisions. The following provisions 
apply to the registration of U.S. and foreign commercial breeding 
operations for Appendix-I wildlife:
    (1) If the Management Authority is satisfied that the operation in 
its country meets the conditions for registration in paragraph (d) of 
this section, it will send the request to register a breeding operation 
to the Secretariat.
    (2) The Secretariat will verify that the application is complete and 
notify the Parties of the request.

[[Page 154]]

    (3) If any Party objects to or expresses concern about the 
registration within 90 days from the date of the Secretariat's 
notification, the Secretariat will refer the application to the Animals 
Committee. The Committee has 60 days to respond to objections. The 
Secretariat will provide the recommendations of the Committee to the 
Management Authority of the Party that submitted the application and the 
Party that objected to the registration, and will facilitate a dialogue 
for resolution of the identified problems within 60 days.
    (4) If the objection is not withdrawn or the identified problems are 
not resolved, approval of the registration will require a two-thirds 
majority vote by the Parties at the next CoP or by a postal vote.
    (5) If other operations have already been registered for the 
species, the Secretariat may send the request to appropriate experts for 
advice only if significant new information is available or if there are 
other reasons for concern.
    (6) If the Secretariat is not satisfied that the operation meets the 
conditions for registration, it will provide the Management Authority 
that submitted the registration request with a full explanation of the 
reasons for rejection and indicate the specific conditions that must be 
met before the registration can be resubmitted for further 
consideration.
    (7) When the Secretariat is satisfied that the operation meets the 
registration requirements, it will include the operation in its 
register.
    (8) Operations are assigned an identification number and listed in 
the official register. Registration is not final until the Secretariat 
notifies all Parties.
    (9) If a Party believes that a registered operation does not meet 
the bred-in-captivity requirements, it may, after consultation with the 
Secretariat and the Party concerned, propose that the CoP delete the 
operation from the register by a two-thirds vote of the Parties. Once an 
operation has been deleted, it must re-apply and meet the registration 
requirements to be reinstated.
    (10) The Management Authority, in collaboration with the Scientific 
Authority, of a country where any registered operation is located must 
monitor the operation to ensure that it continues to meet the 
registration requirements. The Management Authority will advise the 
Secretariat of any major change in the nature of the operation or in the 
types of products being produced for export, and the Animals Committee 
will review the operation to determine whether it should remain 
registered.
    (11) A Party may unilaterally request the removal of a registered 
operation within its jurisdiction by notifying the Secretariat.
    (12) An Appendix-I specimen may not be imported for purposes of 
establishing or augmenting a commercial breeding operation, unless the 
specimen is pre-Convention (see Sec. 23.45) or was bred at a commercial 
breeding operation that is registered with the CITES Secretariat as 
provided in this section.
    (c) U.S. application to register. Complete Form 3-200-65 and submit 
it to the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
registration of U.S. and foreign commercial breeding operations for 
Appendix-I wildlife. For your breeding operation to be registered in the 
United States, you must provide sufficient information for us to find 
that your proposed activity meets all of the following criteria:

 
----------------------------------------------------------------------------------------------------------------
  Criteria for registering a commercial breeding operation for
                      Appendix-I wildlife                                            Section
----------------------------------------------------------------------------------------------------------------
(1) The operation breeds wildlife for commercial purposes.       23.5
----------------------------------------------------------------------------------------------------------------
(2) The parental stock was legally acquired.                     23.60
----------------------------------------------------------------------------------------------------------------
(3) The wildlife meets bred-in-captivity criteria.               23.63
----------------------------------------------------------------------------------------------------------------

[[Page 155]]

 
(4) Where the establishment of a breeding operation involves     -
 the removal of animals from the wild (allowable only under
 exceptional circumstances and only for native species), the
 operation must demonstrate to the satisfaction of the
 Management Authority, on advice of the Scientific Authority
 and of the Secretariat, that the removal is or was not
 detrimental to the conservation of the species.
----------------------------------------------------------------------------------------------------------------
(5) The potential escape of specimens or pathogens from the      -
 facility does not pose a risk to the ecosystem and native
 species.
----------------------------------------------------------------------------------------------------------------
(6) The scientific name of the species is the standard           23.23
 nomenclature in the CITES Appendices or the references adopted
 by the CoP.
----------------------------------------------------------------------------------------------------------------
(7) The breeding operation will make a continuing, meaningful    -
 contribution to the conservation of the species according to
 the conservation needs of the species.
----------------------------------------------------------------------------------------------------------------
(8) The operation will be carried out at all stages in a humane  -
 (non-cruel) manner.
----------------------------------------------------------------------------------------------------------------

    (e) Standard conditions of the registration. In addition to the 
conditions in Sec. 23.56, you must meet all of the following 
conditions:
    (1) You must uniquely mark all specimens from the breeding operation 
in the manner proposed at the time of registration. Birds may be marked 
with closed bands, although other methods may be used.
    (2) You may not import Appendix-I specimens for primarily commercial 
purposes (such as to establish a commercial captive-breeding operation) 
except from breeding operations registered for that species.
    (3) You must provide information to the Management Authority each 
year on the year's production and your current breeding stock. You may 
provide the information by mail, fax, or e-mail.
    (4) You must allow our agents to enter the premises at any 
reasonable hour to inspect wildlife held or to inspect, audit, or copy 
applicable records.
    (f) U.S. and foreign general provisions for export of specimens that 
originated in a registered breeding operation. The following provisions 
apply to the issuance and acceptance of export permits for Appendix-I 
specimens bred at an operation registered with the CITES Secretariat:
    (1) An export permit may be issued to the registered operation or to 
persons who have purchased a specimen that originated at the registered 
operation if the specimen has the unique mark applied by the operation. 
If a microchip is used, we may, if necessary, ask the importer, 
exporter, or re-exporter to have equipment on hand to read the microchip 
at the time of import, export, or re-export.
    (2) The export permit, and any subsequent re-export certificate, 
must show the specimen as listed in Appendix I and the source code as 
``D,'' and give the identification number of the registered breeding 
operation where the specimen originated.
    (3) No CITES import permit is required for a qualifying specimen.
    (g) U.S. application form. Complete Form 3-200-24 and submit it to 
the U.S. Management Authority.
    (h) Criteria. The criteria in this paragraph (h) apply to the 
issuance and acceptance of U.S. and foreign export permits. When 
applying for a U.S. permit, you must provide sufficient information for 
us to find that your proposed activity meets all of the following 
criteria:

 
----------------------------------------------------------------------------------------------------------------
                 Criteria for an export permit                                       Section
----------------------------------------------------------------------------------------------------------------
(1) The specimen was bred at a commercial operation for          23.46
 Appendix-I wildlife that is registered with the CITES
 Secretariat.
----------------------------------------------------------------------------------------------------------------
(2) The proposed export would not be detrimental to the          23.61
 survival of the species.
----------------------------------------------------------------------------------------------------------------

[[Page 156]]

 
(3) Live wildlife will be prepared and shipped so as to          23.23
 minimize risk of injury, damage to health, or cruel treatment
 of the specimen.
----------------------------------------------------------------------------------------------------------------



Sec. 23.47  What are the requirements for export of an Appendix-I plant 

artificially propagated for commercial purposes?

    (a) Purpose. Article VII(4) of the Treaty provides that Appendix-I 
plants artificially propagated for commercial purposes shall be deemed 
to be listed in Appendix II. This means that an Appendix-I specimen 
originating from a commercial nursery that is registered with the CITES 
Secretariat or that meets the requirements of this section may be traded 
under an export permit or re-export certificate based on Appendix-II 
criteria. The specimen is still listed in Appendix I and is not eligible 
for any exemption granted to an Appendix-II species or taxon, including 
any exemption granted by an annotation.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of export permits for Appendix-I 
specimens artificially propagated for commercial purposes:
    (1) An Appendix-I specimen may not be imported for purposes of 
establishing or augmenting a nursery or commercial propagating 
operation, unless the specimen is pre-Convention (see Sec. 23.45) or 
was propagated at a nursery that is registered with the CITES 
Secretariat or a commercial propagating operation that qualifies under 
paragraph (d) of this section, and the CITES document indicates the 
source code as ``D.''
    (2) An export permit may be issued to a CITES-registered nursery, to 
a commercial propagating operation that qualifies under paragraph (d) of 
this section, or to persons who have acquired a specimen that originated 
at such a nursery or operation. No CITES import permit is required for a 
qualifying specimen.
    (3) The export permit, and any subsequent re-export certificate, 
must show the specimen as listed in Appendix I and the source code as 
``D,'' and if from a nursery registered with the Secretariat, give the 
identification number of the registered nursery where the specimen 
originated.
    (c) U.S. application form. Complete Form 3-200-33 or Form 3-200-74 
(for additional single-use permits under a master file or an annual 
export program file). Complete Form 3-200-32 for one-time export. Submit 
the completed form to the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign export permits. When 
applying for a U.S. permit, you must provide sufficient information for 
us to find that your proposed activity meets all of the following 
criteria:

 
----------------------------------------------------------------------------------------------------------------
                 Criteria for an export permit                                       Section
----------------------------------------------------------------------------------------------------------------
(1) The specimen was propagated for commercial purposes.         23.5
----------------------------------------------------------------------------------------------------------------
(2) The parental stock was legally acquired.                     23.60
----------------------------------------------------------------------------------------------------------------
(3) The proposed export would not be detrimental to the          23.61
 survival of the species.
----------------------------------------------------------------------------------------------------------------
(4) The plant was artificially propagated.                       23.64
----------------------------------------------------------------------------------------------------------------
(5) The scientific name of the species is the standard           23.23
 nomenclature in the CITES Appendices or the references adopted
 by the CoP.
----------------------------------------------------------------------------------------------------------------
(6) The live plant will be prepared and shipped so as to         23.23
 minimize risk of injury, damage to health, or cruel treatment
 of the specimen.
----------------------------------------------------------------------------------------------------------------


[[Page 157]]

    (e) Nursery registration. [Reserved]



Sec. 23.48  What are the requirements for a registered scientific

institution?

    (a) Purpose. Article VII(6) of the Treaty grants an exemption that 
allows international trade in certain specimens for noncommercial loan, 
donation, or exchange between registered scientific institutions.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the registration of scientific institutions and acceptance of 
shipments from registered scientific institutions:
    (1) The receiving and sending scientific institutions must be 
registered with the Management Authority in their country. Scientists 
who wish to use this exemption must be affiliated with a registered 
scientific institution.
    (i) When a Management Authority is satisfied that a scientific 
institution has met the criteria for registration, it will assign the 
institution a five-character code consisting of the ISO country code and 
a unique three-digit number. In the case of a non-Party, the Secretariat 
will ensure that the institution meets the standards and assign it a 
unique code.
    (ii) The Management Authority must communicate the name, address, 
and assigned code to the Secretariat, which maintains a register of 
scientific institutions and provides that information to all Parties.
    (2) A registered scientific institution does not need separate CITES 
documents for the noncommercial loan, donation, or exchange of 
preserved, frozen, dried, or embedded museum specimens, herbarium 
specimens, or live plant material with another registered institution. 
The shipment must have an external label that contains information 
specified in paragraph (e)(5) of this section.
    (c) U.S. application to register as a scientific institution. To 
register, complete Form 3-200-39 and submit it to the U.S. Management 
Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
registration of U.S. and foreign institutions for scientific exchange. 
To be issued a certificate of scientific exchange as a registered U.S. 
scientific institution, you must provide sufficient information for us 
to find that your institution meets all of the following criteria:
    (1) Collections of wildlife or plant specimens are permanently 
housed and professionally curated, and corresponding records are kept.
    (2) Specimens are accessible to all qualified users, including those 
from other institutions.
    (3) Specimens are properly accessioned in a permanent catalog.
    (4) Records are permanently maintained for loans and transfers to 
and from other institutions.
    (5) Specimens are acquired primarily for research that is to be 
reported in scientific publications, and CITES specimens are not used 
for commercial purposes or as decorations.
    (6) Collections are prepared and arranged in a way that ensures 
their accessibility to researchers.
    (7) Specimen labels, permanent catalogs, and other records are 
accurate.
    (8) Specimens are legally acquired and lawfully possessed under a 
country's wildlife and plant laws.
    (9) Appendix-I specimens are permanently and centrally housed under 
the direct control of the institution.
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, any activity conducted under a certificate of scientific exchange 
must meet all of the following conditions:
    (1) Both scientific institutions involved in the exchange must be 
registered by the applicable Management Authorities (or the Secretariat 
in the case of a non-Party), and be included in the Secretariat's 
register of scientific institutions.
    (2) An institution may send and receive only preserved, frozen, 
dried, or embedded museum specimens, herbarium specimens, or live plant 
materials that have been permanently and accurately recorded by one of 
the institutions involved in the exchange and that are traded as a 
noncommercial loan, donation, or exchange.
    (3) An institution may use specimens acquired under a certificate of 
scientific exchange and their offspring only for scientific research or 
educational display at a scientific institution and may not use 
specimens for commercial purposes.

[[Page 158]]

    (4) The institution must keep records to show that the specimens 
were legally acquired.
    (5) A customs declaration label must be affixed to the outside of 
each shipping container or package that contains all of the following:
    (i) The acronym ``CITES.''
    (ii) A description of the contents (such as ``herbarium 
specimens'').
    (iii) The names and addresses of the sending and receiving 
registered institutions.
    (iv) The signature of a responsible officer of the sending 
registered scientific institution.
    (v) The scientific institution codes of both registered scientific 
institutions involved in the loan, donation, or exchange.
    (6) A registered institution may destroy samples during analysis, 
provided that a portion of the sample is maintained and permanently 
recorded at a registered scientific institution for future scientific 
reference.



Sec. 23.49  What are the requirements for an exhibition traveling

internationally?

    (a) Purpose. Article VII(7) of the Treaty grants an exemption for 
specimens that qualify as bred in captivity, artificially propagated, or 
pre-Convention and are part of a traveling exhibition.
    (b) U.S. and foreign general provisions. The following general 
provisions apply to the issuance and acceptance of a certificate for 
live wildlife and plants, or their parts, products, or derivatives in an 
exhibition that travels internationally:
    (1) The Management Authority in the country of the exhibitor's 
primary place of business must have determined that the specimens are 
bred in captivity, artificially propagated, or pre-Convention and issued 
a traveling-exhibition certificate.
    (2) The certificate must indicate that the wildlife or plant is part 
of a traveling exhibition.
    (3) A separate certificate must be issued for each live wildlife 
specimen; a CITES document may be issued for more than one specimen for 
a traveling exhibition of live plants and dead parts, products, or 
derivatives of wildlife and plants.
    (4) The certificate is not transferable.
    (5) Parties should treat the certificate like a passport for import 
and export or re-export from each country, and should not collect the 
original certificate at the border.
    (6) Parties should check specimens closely to determine that each 
specimen matches the certificate and ensure that each live specimen is 
being transported and cared for in a manner that minimizes the risk of 
injury, damage to health, or cruel treatment of the specimen.
    (7) If offspring are born or a new specimen is acquired while the 
traveling exhibition is in another country, the exhibitor must obtain 
the appropriate CITES document for the export or re-export of the 
specimen from the Management Authority of that country.
    (8) Upon returning home, the exhibitor may apply for a traveling-
exhibition certificate for wildlife born overseas or for wildlife or 
plants acquired overseas.
    (c) U.S. application form. Complete Form 3-200-30 for wildlife and 
Form 3-200-32 for plants, and submit it to the U.S. Management 
Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign certificates. When applying 
for a U.S. certificate, you must provide sufficient information for us 
to find that your proposed activity meets all of the following criteria:
    (1) The traveling exhibition makes multiple cross-border movements, 
and will return to the country in which the exhibition is based before 
the certificate expires.
    (2) The cross-border movement must be for exhibition, and not for 
breeding, propagating, or activities other than exhibition.
    (3) The traveling exhibition is based in the country that issued the 
certificate.
    (4) The specimen meets the criteria for a bred-in-captivity 
certificate, certificate for artificially propagated plants, or pre-
Convention certificate.
    (5) The exhibitor does not intend to sell or otherwise transfer the 
wildlife

[[Page 159]]

or plant while traveling internationally.
    (6) The wildlife or plant is securely marked or identified in such a 
way that border officials can verify that the certificate and specimen 
correspond. If a microchip is used, we may, if necessary, ask the 
importer, exporter, or re-exporter to have equipment on hand to read the 
microchip at the time of import, export, or re-export.
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, you must meet all of the following conditions:
    (1) The certificate may be used by you, and you must not transfer or 
assign it to another person or traveling exhibition.
    (2) You must transport the specimen internationally only for 
exhibition, not for breeding, propagating, or activities other than 
exhibition.
    (3) You must present the certificate to the official for validation 
at each border crossing.
    (4)For live plants, the quantity of plants must be reasonable for 
the purpose of the traveling exhibition.
    (5) You must not sell or otherwise transfer the specimen, or any 
offspring born to such specimen, while traveling internationally.
    (6) If the certificate is lost, stolen, or accidentally destroyed, 
you may obtain a replacement certificate only from the U.S. Management 
Authority.
    (7) If you no longer own the wildlife or plants, or no longer plan 
to travel as a traveling exhibition, the original certificate must be 
immediately returned to the U.S. Management Authority.
    (8) You must return the traveling exhibition to the United States 
before the certificate expires.



Sec. 23.50  What are the requirements for a sample collection covered

by an ATA carnet?

    (a) Purpose. Article VII(1) of the Treaty allows for the transit of 
specimens through or within a Party country while the specimens remain 
under customs control.
    (b) Definition. For purposes of this section, sample collection 
means a set of legally acquired parts, products, or derivatives of 
Appendix-II or -III species, or Appendix-I species bred in captivity or 
artificially propagated for commercial purposes, that will:
    (1) Cross international borders only for temporary exhibition or 
display purposes and return to the originating country.
    (2) Be accompanied by a valid ATA carnet and remain under customs 
control.
    (3) Not be sold or otherwise transferred while traveling 
internationally.
    (c) U.S. and foreign general provisions. The following general 
provisions apply to the issuance and acceptance of a CITES document for 
the movement of sample collections:
    (1) The Management Authority in the country where the sample 
collection originated must issue a CITES document that:
    (i) Clearly specifies that the document was issued for a ``sample 
collection.''
    (ii) Includes the condition in block 5, or an equivalent place, of 
the document that it is valid only if the shipment is accompanied by a 
valid ATA carnet and that the specimens must not be sold, donated, or 
otherwise transferred while outside the originating country.
    (2) The number of the accompanying ATA carnet must be recorded on 
the CITES document, and if this number is not recorded by the Management 
Authority, it must be entered by a customs or other CITES enforcement 
official responsible for the original endorsement of the CITES document.
    (3) The name and address of the exporter or re-exporter and importer 
must be identical, and the names of the countries to be visited must be 
indicated in block 5 or an equivalent place.
    (4) The date of validity must not be later than that of the ATA 
carnet and the period of validity must not exceed 6 months from the date 
of issuance.
    (5) At each border crossing, Parties must verify the presence of the 
CITES document, but allow it to remain with the shipment, and ensure 
that the ATA carnet is properly endorsed with an authorized stamp and 
signature by a customs official.
    (6) The exporter or re-exporter must return the sample collection to 
the originating country prior to the expiration of the CITES document.

[[Page 160]]

    (7) Parties should check the CITES document and sample collection 
closely at the time of first export or re-export and upon its return to 
ensure that the contents of the sample collection have not been changed.
    (8) For import into and export or re-export from the United States, 
the shipment must comply with the requirements for wildlife in part 14 
of this subchapter and for plants in part 24 of this subchapter and 7 
CFR parts 319, 352, and 355.
    (d) U.S. application form. Complete Form 3-200-29 for wildlife and 
Form 3-200-32 for plants, and submit it to the U.S. Management 
Authority.
    (e) Criteria. The criteria in this paragraph (e) apply to the 
issuance and acceptance of U.S. and foreign documents. When applying for 
a U.S. document, you must provide sufficient information for us to find 
that your proposed activity meets all of the following criteria:
    (1) The specimens meet the definition of a sample collection as 
provided in paragraph (b) of this section.
    (2) The wildlife or plant specimens must be securely marked or 
identified in such a way that border officials can verify that the CITES 
document, ATA carnet, and specimens correspond.
    (f) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, you must meet all of the following conditions:
    (1) You must transport the sample collection only for temporary 
exhibition or display purposes.
    (2) You must not transfer or assign the CITES document to another 
person.
    (3) You must not sell, donate, or transfer specimens while traveling 
internationally.
    (4) You must present the CITES document and the ATA carnet to the 
official for validation at each border crossing.
    (5) You must return the sample collection to the United States prior 
to the expiration of the CITES document.
    (6) If the CITES document is lost, stolen, or accidentally 
destroyed, you may obtain a replacement certificate only from the U.S. 
Management Authority.
    (7) If you no longer own the sample collection, or no longer plan to 
travel with the sample collection, you must immediately return the 
original document to the U.S. Management Authority.



Sec. 23.51  What are the requirements for issuing a partially completed

CITES document?

    (a) Purpose. Under Article VIII(3), Parties are to ensure that CITES 
specimens are traded with a minimum of delay.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of partially completed CITES 
documents.
    (1) A Management Authority may issue partially completed CITES 
documents only when:
    (i) The permitted trade will have a negligible impact or no impact 
on the conservation of the species.
    (ii) All provisions of CITES have been met.
    (iii) The specimens are one of the following:
    (A) Biological samples.
    (B) Pre-Convention specimens.
    (C) Specimens that qualify as bred in captivity or artificially 
propagated.
    (D) Appendix-I specimens from registered commercial breeding 
operations.
    (E) Appendix-I plants artificially propagated for commercial 
purposes.
    (F) Other specimens that the Management Authority determines qualify 
for partially completed documents.
    (2) A Management Authority may register applicants for species that 
may be traded under partially completed documents.
    (3) Partially completed CITES documents require the permit holder 
to:
    (i) Enter specific information on the CITES document or its annex as 
conditioned on the face of the CITES document.
    (ii) Enter scientific names on the CITES document only if the 
Management Authority included an inventory of approved species on the 
face of the CITES document or an attached annex.
    (iii) Sign the CITES document, which acts as a certification that 
the information entered is true and accurate.

[[Page 161]]

    (4) CITES documents issued for biological samples may be validated 
at the time of issuance provided that upon export the container is 
labeled with the CITES document number and indicates it contains CITES 
biological samples.
    (c) U.S. application form. Complete the appropriate form for the 
proposed activity (see Sec. Sec. 23.18 through 23.20) and submit it to 
the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign CITES documents. When 
applying for a U.S. CITES document, you must provide sufficient 
information for us to find that your proposed activity meets the 
criteria in subpart C for the appropriate CITES document and the 
following criteria:
    (1) The use of partially completed documents benefits both the 
permit holder and the issuing Management Authority.
    (2) The proposed activity will have a negligible impact or no impact 
upon the conservation of the species.
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56 and any standard conditions in this part that apply to the 
specific CITES document, the following conditions must be met:
    (1) You must enter the information specified in block 5, either on 
the face of the CITES document or in an annex to the document.
    (2) You may not alter or enter any information on the face of the 
CITES document or in an annex to the document that is not authorized in 
block 5 or an equivalent place.
    (3) If you are authorized to enter a scientific name, it must be for 
a species authorized in block 5 or an equivalent place, or in an 
attached annex of the CITES document.
    (4) You must sign the CITES document to certify that all information 
entered by you is true and correct.



Sec. 23.52  What are the requirements for replacing a lost, damaged,

stolen, or accidentally destroyed CITES document?

    (a) Purpose. A Management Authority may issue a duplicate document, 
either a copy of the original or a re-issued original, when a CITES 
document has been lost, damaged, stolen, or accidentally destroyed. 
These provisions do not apply to a document that has expired or that 
requires amendment. To amend or renew a CITES document, see part 13 of 
this subchapter.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of a replacement CITES document:
    (1) The permittee must notify the issuing Management Authority that 
the document was lost, damaged, stolen, or accidentally destroyed.
    (2) The issuing Management Authority must be satisfied that the 
CITES document was lost, damaged, stolen, or accidentally destroyed.
    (3) The issuing Management Authority should immediately inform the 
Management Authority in the country of destination and, for commercial 
shipments, the Secretariat.
    (4) If the replacement CITES document is a copy, it must indicate 
that it is a ``replacement'' and a ``true copy of the original,'' 
contain a new dated original signature of a person authorized to sign 
CITES documents for the issuing Management Authority, and give the 
reason for replacement.
    (5) If the replacement CITES document is a newly issued original 
document, it must indicate that it is a ``replacement,'' include the 
number and date of issuance of the document being replaced, and give the 
reason for replacement.
    (c) U.S. application procedures. To apply for a replacement CITES 
document, you must do all of the following:
    (1) Complete application Form 3-200-66 and submit it to the U.S. 
Management Authority.
    (2) Consult the list to find the types of information you need to 
provide (more than one circumstance may apply to you):

[[Page 162]]



 
------------------------------------------------------------------------
        If                                  Then
------------------------------------------------------------------------
(i) The shipment    Provide copies of:
 has already        (A) Any correspondence you have had with the shipper
 occurred            or importing country's Management Authority
                     concerning the shipment.
                    (B) For wildlife, the validated CITES document and
                     cleared Declaration for Importation or Exportation
                     of Fish or Wildlife (Form 3-177).
                    (C) For plants, the validated CITES document.
------------------------------------------------------------------------
(ii) The original   Submit a signed, dated, and notarized statement
 CITES document no   that:
 longer exists      (A) Provides the CITES document number and describes
                     the circumstances that resulted in the loss or
                     destruction of the original CITES document.
                    (B) States whether the shipment has already
                     occurred.
                    (C) Requests a replacement U.S. CITES document.
------------------------------------------------------------------------
(iii) An original   Submit the original damaged CITES document and a
 CITES document      signed, dated, and notarized statement that:
 exists but has     (A) Describes the circumstances that resulted in the
 been damaged        CITES document being damaged.
                    (B) States whether the shipment has already
                     occurred.
                    (C) Requests a replacement U.S. CITES document.
------------------------------------------------------------------------

    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S and foreign documents. When applying for 
a U.S. replacement document, you must provide sufficient information for 
us to find that your proposed activity meets all of the following 
criteria:
    (1) The circumstances for the lost, damaged, stolen, or accidentally 
destroyed CITES document are reasonable.
    (2) If the shipment has already been made, the wildlife or plant was 
legally exported or re-exported, and the Management Authority of the 
importing country has indicated it will accept the replacement CITES 
document.
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, the following conditions apply:
    (1) If the original CITES document is found, you must return it to 
the U.S. Management Authority.
    (2) A CITES document issued for a shipment that has already occurred 
does not require validation.
    (f) Validation. For an export or re-export that has not left the 
United States, follow the procedures in Sec. 23.27. If the shipment has 
left the United States and is in a foreign country, submit the 
unvalidated replacement CITES document to the appropriate foreign 
authorities. We will not validate the replacement CITES document for a 
shipment that has already been shipped to a foreign country. We do not 
require validation on replacement documents issued by foreign Management 
Authorities.



Sec. 23.53  What are the requirements for obtaining a retrospective

CITES document?

    (a) Purpose. Retrospective CITES documents may be issued and 
accepted in certain limited situations to authorize an export or re-
export after that activity has occurred, but before the shipment is 
cleared for import.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of a retrospective CITES document:
    (1) A retrospective document may not be issued for Appendix-I 
specimens except for certain specimens for personal use as specified in 
paragraph (d)(7) of this section.
    (2) The exporter or re-exporter must notify the Management Authority 
in the exporting or re-exporting country of the irregularities that have 
occurred.
    (3) A retrospective document may be one of the following:
    (i) An amended CITES document where it can be shown that the issuing 
Management Authority made a technical error that was not prompted by the 
applicant.
    (ii) A newly issued CITES document where it can be shown that the 
applicant was misinformed by CITES officials or the circumstances in 
(d)(7) of this section apply and a shipment has occurred without a 
document.

[[Page 163]]

    (4) Retrospective documents can only be issued after consultation 
between the Management Authorities in both the exporting or re-exporting 
country and the importing country, including a thorough investigation of 
circumstances and agreement between them that criteria in paragraph (d) 
of this section have been met.
    (5) The issuing Management Authority must provide all of the 
following information on any retrospective CITES document:
    (i) A statement that it was issued retrospectively.
    (ii) A statement specifying the reason for the issuance.
    (iii) In the case of a document issued for personal use, a condition 
restricting sale of the specimen within 6 months following the import of 
the specimen.
    (6) The issuing Management Authority must send a copy of the 
retrospective CITES document to the Secretariat.
    (7) In general, except when the exporter or re-exporter and importer 
have demonstrated they were not responsible for the irregularities, any 
person who has been issued a CITES document in the past will not be 
eligible to receive a retrospective document.
    (c) U.S. application. Complete application Form 3-200-58 and submit 
it to the U.S. Management Authority. In addition, submit one of the 
following:
    (1) For a shipment that occurred under a document containing a 
technical error, the faulty CITES document.
    (2) For a shipment that occurred without a CITES document, a 
completed application form for the type of activity you conducted (see 
Sec. Sec. 23.18 through 23.20).
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign documents. When applying for 
a U.S. document, you must provide sufficient information for us to find 
that your activity meets all of the following criteria:
    (1) The specimens were exported or re-exported without a CITES 
document or with a CITES document that contained technical errors as 
provided in paragraph (d)(6)(ii) of this section.
    (2) The specimens were presented to the appropriate official for 
inspection at the time of import and a request for a retrospective CITES 
document was made at that time.
    (3) The export or re-export and import of the specimens was 
otherwise in compliance with CITES and the relevant national legislation 
of the countries involved.
    (4) The importing Management Authority has agreed to accept the 
retrospectively issued CITES document.
    (5) The specimens must be Appendix-II or -III wildlife or plants, 
except as provided in paragraph (d)(7) of this section.
    (6) Except as provided in paragraph (d)(7) of this section, the 
exporter or re-exporter and importer were not responsible for the 
irregularities that occurred and have demonstrated one of the following:
    (i) The Management Authority or officials designated to clear CITES 
shipments misinformed the exporter or re-exporter or the importer about 
the CITES requirements. In the United States, this would be an employee 
of the FWS (for any species) or APHIS or CBP (for plants).
    (ii) The Management Authority unintentionally made a technical error 
that was not prompted by information provided by the applicant when 
issuing the CITES document.
    (7) In the case of specimens for personal use, you must either show 
that you qualify under paragraph (d)(6) of this section, or that a 
genuine error was made and that there was no attempt to deceive. The 
following specimens for personal use may qualify for issuance of a 
retrospective document:
    (i) Personal or household effects.
    (ii) Live Appendix-II or -III specimens or live pre-Convention 
Appendix-I specimens that you own for your personal use, accompanied 
you, and number no more than two.
    (iii) Parts, products, or derivatives of an Appendix-I species that 
qualify as pre-Convention when the following conditions are met:
    (A) You own and possess the specimen for personal use.

[[Page 164]]

    (B) You either wore the specimen as clothing or an accessory or took 
it as part of your personal baggage, which was carried by you or checked 
as baggage on the same plane, boat, car, or train as you.
    (C) The quantity is reasonably necessary or appropriate for the 
nature of your trip or stay.
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, the following condition applies: A CITES document issued for a 
shipment that has already occurred does not require validation.
    (f) Validation. Submit the original unvalidated retrospective CITES 
document to the appropriate foreign authority. We will not validate the 
retrospective CITES document for a shipment that has already been 
shipped to a foreign country, and we do not require validation on 
retrospective documents issued by foreign Management Authorities.



Sec. 23.54  How long is a U.S. or foreign CITES document valid?

    (a) Purpose. Article VI(2) of the Treaty sets the time period within 
which an export permit is valid. Validity periods for other CITES 
documents are prescribed in this section.
    (b) Period of validity. CITES documents are valid only if presented 
for import or introduction from the sea within the period of validity 
(before midnight on the expiration date) noted on the face of the 
document.
    (1) An export permit and re-export certificate will be valid for no 
longer than 6 months from the issuance date.
    (2) An import permit, introduction-from-the-sea certificate, and 
certificate of origin will be valid for no longer than 12 months from 
the issuance date.
    (3) A traveling-exhibition certificate and certificate of ownership 
will be valid for no longer than 3 years from the issuance date.
    (4) Other CITES documents will state the period of their validity, 
but no U.S. CITES document will be valid for longer than 3 years from 
the issuance date.
    (c) Extension of validity. The validity of a CITES document may not 
be extended beyond the expiration date on the face of the document, 
except under limited circumstances for certain timber species as 
outlined in Sec. 23.73.



Sec. 23.55  How may I use a CITES specimen after import into the 

United States?

    You may use CITES specimens after import into the United States for 
the following purposes:

 
------------------------------------------------------------------------
        If the species is listed in           Allowed use after import
------------------------------------------------------------------------
(a) Appendix I, except for specimens        The specimen may be used,
 imported with a CITES exemption document    including a transfer,
 listed in paragraph (d) of this section.    donation, or exchange, only
(b) Appendix II with an annotation for       for noncommercial purposes.
 noncommercial purposes where other
 specimens of that species are treated as
 if listed in Appendix I.
(c) Appendix II and threatened under the
 ESA, except as provided in a special rule
 in Sec. Sec.  17.40 through 17.48 or
 under a permit granted under Sec. Sec.
 17.32 or 17.52.
------------------------------------------------------------------------
(d) Appendix I, and imported with a CITES   The specimen may be used for
 exemption document as follows:              any purpose, except if the
(1) U.S-issued certificate for personally    regulations in this part or
 owned wildlife.                             other parts of this
(2) Pre-Convention certificate.              subchapter or a permit
(3) Export permit or re-export certificate   condition allowed the
 for wildlife from a registered commercial   import only for
 breeding operation.                         noncommercial purposes,
(4) Export permit or re-export certificate   then the import and
 for a plant from a registered nursery or    subsequent use must be only
 under a permit with a source code of        for noncommercial purposes.
 ``D.''
(5) U.S.-issued traveling-exhibition
 certificate.
(e) Appendix II, other than those in
 paragraphs (b) and (c) of this section.
(f) Appendix III.
------------------------------------------------------------------------


[[Page 165]]



Sec. 23.56  What U.S. CITES document conditions do I need to follow?

    (a) General conditions. The following general conditions apply to 
all U.S. CITES documents:
    (1) You must comply with the provisions of part 13 of this 
subchapter as conditions of the document, as well as other applicable 
regulations in this subchapter, including, but not limited to, any that 
require permits. You must comply with all applicable local, State, 
Federal, tribal, and foreign wildlife or plant conservation laws.
    (2) For export and re-export of live wildlife and plants, transport 
conditions must comply with CITES'Guidelines for transport and 
preparation for shipment of live wild animals and plantsor, in the case 
of air transport of live wildlife, with International Air Transport 
Association Live Animals Regulations.
    (3) You must return the original CITES document to the issuing 
office if you do not use it, it expires, or you request renewal or 
amendment.
    (4) When appropriate, a Management Authority may require that you 
identify Appendix-II and -III wildlife or plants with a mark. All live 
Appendix-I wildlife must be securely marked or uniquely identified. Such 
mark or identification must be made in a way that the border official 
can verify that the specimen and CITES document correspond. If a 
microchip is used, we may, if necessary, ask the importer, exporter, or 
re-exporter to have equipment on hand to read the microchip at the time 
of import, export, or re-export.
    (b) Standard conditions. You must comply with the standard 
conditions provided in this part for specific types of CITES documents.
    (c) Special conditions. We may place special conditions on a CITES 
document based on the needs of the species or the proposed activity. You 
must comply with any special conditions contained in or attached to a 
CITES document.



         Subpart D_Factors Considered in Making Certain Findings



Sec. 23.60  What factors are considered in making a legal acquisition

finding?

    (a) Purpose. Articles III, IV, and V of the Treaty require a 
Management Authority to make a legal acquisition finding before issuing 
export permits and re-export certificates. The Parties have agreed that 
a legal acquisition finding must also be made before issuing certain 
CITES exemption documents.
    (b) Types of legal acquisition. Legal acquisition refers to whether 
the specimen and its parental stock were:
    (1) Obtained in accordance with the provisions of national laws for 
the protection of wildlife and plants. In the United States, these laws 
include all applicable local, State, Federal, tribal, and foreign laws; 
and
    (2) If previously traded, traded internationally in accordance with 
the provisions of CITES.
    (c) How we make our findings. We make a finding that a specimen was 
legally acquired in the following way:
    (1) The applicant must provide sufficient information (see Sec. 
23.34) for us to make a legal acquisition finding.
    (2) We make this finding after considering all available 
information.
    (3) The amount of information we need to make the finding is based 
on our review of general factors described in paragraph (d) of this 
section and additional specific factors described in paragraphs (e) 
through (k) of this section.
    (4) As necessary, we consult with foreign Management and Scientific 
Authorities, the CITES Secretariat, State conservation agencies, Tribes, 
FWS Law Enforcement, APHIS or CBP, and other appropriate experts.
    (d) Risk assessment. We review the general factors listed in this 
paragraph and additional specific factors in paragraphs (e) through (k) 
of this section to assess the level of scrutiny and amount of 
information we need to make a finding of legal acquisition. We give less 
scrutiny and require less-detailed information when there is a low risk 
that specimens to be exported or re-exported were not legally acquired, 
and give more scrutiny and require more

[[Page 166]]

detailed information when the proposed activity poses greater risk. We 
consider the cumulative risks, recognizing that each aspect of the 
international trade has a continuum of risk from high to low associated 
with it as follows:
    (1) Status of the species: From Appendix I to Appendix III.
    (2) Origin of the specimen: From wild-collected to born or 
propagated in a controlled environment to bred in captivity or 
artificially propagated.
    (3) Source of the propagule used to grow the plant: From 
documentation that the plant was grown from a non-exempt seed or 
seedling to documentation that the plant was grown from an exempt seed 
or seedling.
    (4) Origin of the species: From species native to the United States 
or its bordering countries of Mexico or Canada to nonnative species from 
other countries.
    (5) Volume of illegal trade: From high to low occurrence of illegal 
trade.
    (6) Type of trade: From commercial to noncommercial.
    (7) Trade by range countries: From range countries that do not allow 
commercial export, or allow only limited noncommercial export of the 
species, to range countries that allow commercial export in high 
volumes.
    (8) Occurrence of the species in a controlled environment in the 
United States: From uncommon to common in a controlled environment in 
the United States.
    (9) Ability of the species to be bred or propagated readily in a 
controlled environment: From no documentation that the species can be 
bred or propagated readily in a controlled environment to widely 
accepted information that the species is commonly bred or propagated.
    (10) Genetic status of the specimen: From a purebred species to a 
hybrid.
    (e) Captive-bred wildlife or a cultivated plant. For a specimen that 
is captive-bred or cultivated, we may consider whether the parental 
stock was legally acquired.
    (f) Confiscated specimen. For a confiscated Appendix-II or -III 
specimen, we consider whether information shows that the transfer of the 
confiscated specimen or its offspring met the conditions of the 
remission decision, legal settlement, or disposal action after 
forfeiture or abandonment.
    (g) Donated specimen of unknown origin. For an unsolicited specimen 
of unknown origin donated to a public institution (see Sec. 10.12 of 
this subchapter), we consider whether:
    (1) The public institution follows standard recordkeeping practices 
and has made reasonable efforts to obtain supporting information on the 
origin of the specimen.
    (2) The public institution provides sufficient information to show 
it made a reasonable effort to find a suitable recipient in the United 
States.
    (3) The export will provide a conservation benefit to the species.
    (4) No persuasive information exists on illegal transactions 
involving the specimen.
    (5) The export is noncommercial, with no money or barter exchanged 
except for shipping costs.
    (6) The institution has no history of receiving a series of rare and 
valuable specimens or a large quantity of wildlife or plants of unknown 
origin.
    (h) Imported previously. For a specimen that was previously imported 
into the United States, we consider any reliable, relevant information 
we receive concerning the validity of a CITES document, regardless of 
whether the shipment was cleared by FWS, APHIS, or CBP.
    (i) Personal use. For a wildlife or plant specimen that is being 
exported or re-exported for personal use by the applicant, we consider 
whether:
    (1) The specimen was acquired in the United States and possessed for 
strictly personal use.
    (2) The number of specimens is reasonably appropriate for the nature 
of your export or re-export as personal use.
    (3) No persuasive evidence exists on illegal transactions involving 
the specimen.
    (j) Sequential ownership. For a specimen that was previously 
possessed by someone other than the applicant, we may consider the 
history of ownership for a specimen and its parental stock, breeding 
stock, or cultivated parental stock.

[[Page 167]]

    (k) Wild-collected in the United States. For a specimen collected 
from the wild in the United States, we consider the site where the 
specimen was collected, whether the species is known to occur at that 
site, the abundance of the species at that site, and, if necessary, 
whether permission of the appropriate management agency or landowner was 
obtained to collect the specimen.



Sec. 23.61  What factors are considered in making a non-detriment finding?

    (a) Purpose. Articles III and IV of the Treaty require that, before 
we issue a CITES document, we find that a proposed export or 
introduction from the sea of Appendix-I or -II specimens is not 
detrimental to the survival of the species and that a proposed import of 
an Appendix-I specimen is for purposes that would not be detrimental to 
the survival of the species.
    (b) Types of detriment. Detrimental activities, depending on the 
species, could include, among other things, unsustainable use and any 
activities that would pose a net harm to the status of the species in 
the wild. For Appendix-I species, it also includes use or removal from 
the wild that results in habitat loss or destruction, interference with 
recovery efforts for a species, or stimulation of further trade.
    (c) General factors. The applicant must provide sufficient 
information for us to make a finding of non-detriment. In addition to 
factors in paragraphs (d) and (e) of this section, we will consider 
whether:
    (1) Biological and management information demonstrates that the 
proposed activity represents sustainable use.
    (2) The removal of the animal or plant from the wild is part of a 
biologically based sustainable-use management plan that is designed to 
eliminate over-utilization of the species.
    (3) If no sustainable-use management plan has been established, the 
removal of the animal or plant from the wild would not contribute to the 
over-utilization of the species, considering both domestic and 
international uses.
    (4) The proposed activity, including the methods used to acquire the 
specimen, would pose no net harm to the status of the species in the 
wild.
    (5) The proposed activity would not lead to long-term declines that 
would place the viability of the affected population in question.
    (6) The proposed activity would not lead to significant habitat or 
range loss or restriction.
    (d) Additional factor for Appendix-II species. In addition to the 
general factors in paragraph (c) of this section, we will consider 
whether the intended export of an Appendix-II species would cause a 
significant risk that the species would qualify for inclusion in 
Appendix I.
    (e) Additional factors for Appendix-I species. In addition to the 
general factors in paragraph (c) of this section, we will consider 
whether the proposed activity:
    (1) Would not cause an increased risk of extinction for either the 
species as a whole or the population from which the specimen was 
obtained.
    (2) Would not interfere with the recovery of the species.
    (3) Would not stimulate additional trade in the species. If the 
proposed activity does stimulate trade, we will consider whether the 
anticipated increase in trade would lead to the decline of the species.
    (f) How we make our findings. We base the non-detriment finding on 
the best available biological information. We also consider trade 
information, including trade demand, and other scientific management 
information. We make a non-detriment finding in the following way:
    (1) We consult with the States, Tribes, other Federal agencies, 
scientists, other experts, and the range countries of the species.
    (2) We consult with the Secretariat and other Parties to monitor the 
level of trade that is occurring in the species.
    (3) Based on the factors in paragraphs (c) through (e) of this 
section, we evaluate the biological impact of the proposed activity.
    (4) In cases where insufficient information is available or the 
factors above are not satisfactorily addressed, we take precautionary 
measures and would be unable to make the required finding of non-
detriment.

[[Page 168]]

    (g) Risk assessment. We review the status of the species in the wild 
and the degree of risk the proposed activity poses to the species to 
determine the level of scrutiny needed to make a finding. We give 
greater scrutiny and require more detailed information for activities 
that pose a greater risk to a species in the wild. We consider the 
cumulative risks, recognizing that each aspect of international trade 
has a continuum of risk (from high to low) associated with it as 
follows:
    (1) Status of the species: From Appendix I to Appendix II.
    (2) Origin of the specimen: From wild-collected to born or 
propagated in a controlled environment to bred in captivity or 
artificially propagated.
    (3) Source of the propagule used to grow the plant: From 
documentation that the plant was grown from a non-exempt seed or 
seedling to documentation that the plant was grown from an exempt seed 
or seedling.
    (4) Origin of the species: From native species to nonnative species.
    (5) Volume of legal trade: From high to low occurrence of legal 
trade.
    (6) Volume of illegal trade: From high to low occurrence of illegal 
trade.
    (7) Type of trade: From commercial to noncommercial.
    (8) Genetic status of the specimen: From a purebred species to a 
hybrid.
    (9) Risk of disease transmission: From high to limited risk of 
disease transmission.
    (10) Basis for listing: From listed under Article II(1) or II(2)(a) 
of the Treaty to listed under Article II(2)(b).
    (h) Quotas for Appendix-I species. When an export quota has been set 
by the CoP for an Appendix-I species, we will consider the scientific 
and management basis of the quota together with the best available 
biological information when we make our non-detriment finding. We will 
contact the Scientific and Management Authorities of the exporting 
country for further information if needed.



Sec. 23.62  What factors are considered in making a finding of not 

for primarily commercial purposes?

    (a) Purpose. Under Article III(3(c)) and (5(c)) of the Treaty, an 
import permit or an introduction-from-the-sea certificate for Appendix-I 
species can be issued only if the Management Authority is satisfied that 
the specimen is not to be used for primarily commercial purposes. Trade 
in Appendix-I species must be subject to particularly strict regulation 
and authorized only in exceptional circumstances.
    (b) How we make our findings. We must find that the intended use of 
the Appendix-I specimen is not for primarily commercial purposes before 
we can issue a CITES document.
    (1) We will make this decision on a case-by-case basis considering 
all available information.
    (2) The applicant must provide sufficient information to satisfy us 
that the intended use is not for primarily commercial purposes.
    (3) The definitions of ``commercial'' and ``primarily commercial 
purposes'' in Sec. 23.5 apply.
    (4) We will look at all aspects of the intended use of the specimen. 
If the noncommercial aspects do not clearly predominate, we will 
consider the import or introduction from the sea to be for primarily 
commercial purposes.
    (5) While the nature of the transaction between the owner in the 
country of export and the recipient in the country of import or 
introduction from the sea may have some commercial aspects, such as the 
exchange of money to cover the costs of shipment and care of specimens 
during transport, it is the intended use of the specimen, including the 
purpose of the export, that must not be for primarily commercial 
purposes.
    (6) We will conduct an assessment of factors listed in paragraph (d) 
of this section. For activities involving an anticipated measurable 
increase in revenue and other economic value associated with the 
intended use, we will conduct an analysis as described in paragraph (e) 
of this section.
    (7) All net profits generated in the United States from activities 
associated with the import of an Appendix-I species must be used for 
conservation of that species.
    (c) Examples. The following are examples of types of transactions in 
which the noncommercial aspects of the intended use of the specimen may 
predominate depending on the facts of

[[Page 169]]

each situation. The discussions of each example provide further guidance 
in assessing the actual degree of commerciality on a case-by-case basis. 
These examples outline circumstances commonly encountered and do not 
cover all situations where import or introduction from the sea could be 
found to be not for primarily commercial purposes.
    (1) Personal use. Import or introduction from the sea of an 
Appendix-I specimen for personal use generally is considered to be not 
for primarily commercial purposes. An example is the import of a 
personal sport-hunted trophy by the person who hunted the wildlife for 
display in his or her own home.
    (2) Scientific purposes. The import or introduction from the sea of 
an Appendix-I specimen by a scientist or scientific institution may be 
permitted in situations where resale, commercial exchange, or exhibit of 
the specimen for economic benefit is not the primary intended use.
    (3) Conservation, education, or training. Generally an Appendix-I 
specimen may be imported or introduced from the sea by government 
agencies or nonprofit institutions for purposes of conservation, 
education, or training. For example, a specimen could be imported or 
introduced from the sea primarily to train customs staff in effective 
CITES control, such as for identification of certain types of specimens.
    (4) Biomedical industry. Import or introduction from the sea of an 
Appendix-I specimen by an institution or company in the biomedical 
industry is initially presumed to be commercial since specimens are 
typically imported or introduced from the sea to develop and sell 
products that promote public health for profit. However, if the importer 
clearly shows that the sale of products is only incidental to public 
health research and not for the primary purpose of economic benefit or 
profit, then such an import or introduction from the sea could be 
considered as scientific research under paragraph (c)(2) of this section 
if the principles of paragraph (b) of this section are met.
    (5) Captive-breeding or artificial propagation programs. The import 
of an Appendix-I specimen for purposes of establishing a commercial 
operation for breeding or artificial propagation is considered to be for 
primarily commercial purposes. As a general rule, import or introduction 
from the sea of an Appendix-I specimen for a captive-breeding or 
artificial propagation program must have as a priority the long-term 
protection and recovery of the species in the wild. The captive-breeding 
or artificial propagation program must be part of a program aimed at the 
recovery of the species in the wild and be undertaken with the support 
of a country within the species' native range. Any profit gained must be 
used to support this recovery program. If a captive-breeding or 
artificial propagation operation plans to sell surplus specimens to help 
offset the costs of its program, import or introduction from the sea 
would be allowed only if any profit would be used to support the 
captive-breeding or artificial propagation program to the benefit of the 
Appendix-I species, not for the personal economic benefit of a private 
individual or share-holder.
    (6) Professional dealers. Import or introduction from the sea by a 
professional dealer who states a general intention to eventually sell 
the specimen or its offspring to an undetermined recipient would be 
considered to be for primarily commercial purposes. However, import or 
introduction from the sea through a professional dealer by a qualified 
applicant may be acceptable if the ultimate intended use would be for 
one of the purposes set out in paragraphs (c)(2), (3), and (5) of this 
section and where a binding contract, conditioned on the issuing of 
permits, is in place.
    (d) Risk assessment. We review the factors listed in this paragraph 
(d) to assess the level of scrutiny and amount of information we need to 
make a finding of whether the intended use of the specimen is not for 
primarily commercial purposes. We give less scrutiny and require less 
detailed information when the import or introduction from the sea poses 
a low risk of being primarily commercial, and give more scrutiny and 
require more detailed information when the proposed activity poses 
greater risk. We consider the cumulative risks, recognizing that each 
aspect of

[[Page 170]]

the international trade has a continuum of risk from high to low 
associated with it as follows:
    (1) Type of importer: From for-profit entity to private individual 
to nonprofit entity.
    (2) Ability of the proposed uses to generate revenue: From the 
ability to generate measurable increases in revenue or other economic 
value to no anticipated increases in revenue or other economic value.
    (3) Appeal of the species: From high public appeal to low public 
appeal.
    (4) Occurrence of the species in the United States: From uncommon to 
common in a controlled environment in the United States.
    (5) Intended use of offspring: From commercial to noncommercial.
    (e) Analysis of anticipated revenues and other economic value. We 
will analyze revenues and other economic value anticipated to result 
from the use of the specimen for activities with a high risk of being 
primarily commercial.
    (1) We will examine the proposed use of any net profits generated in 
the United States. We consider net profit to include all funds or other 
valuable considerations (including enhanced value of common stock 
shares) received or attained by you or those affiliated with you as a 
result of the import or introduction from the sea, to the extent that 
such funds or other valuable considerations exceed the reasonable 
expenses that are properly attributable to the proposed activity.
    (2) We will consider any conservation project to be funded and, if 
the species was or is to be taken from the wild, how the project 
benefits the species in its native range, including agreements, 
timeframes for accomplishing tasks, and anticipated benefits to the 
species.
    (3) We will consider any plans to monitor a proposed conservation 
project, including expenditure of funds or completion of tasks.
    (4) In rare cases involving unusually high net profits, we will 
require the applicant to provide a detailed analysis of expected revenue 
(both direct and indirect) and expenses to show anticipated net profit, 
and a statement from a licensed, independent certified public accountant 
that the internal accounting system is sufficient to account for and 
track funds generated by the proposed activities.



Sec. 23.63  What factors are considered in making a finding that an

animal is bred in captivity?

    (a) Purpose. Article VII(4) and (5) of the Treaty provide exemptions 
that allow for the special treatment of wildlife that was bred in 
captivity (see Sec. Sec. 23.41 and 23.46).
    (b) Definitions. The following terms apply when determining whether 
specimens qualify as ``bred in captivity'':
    (1) A controlled environment means one that is actively manipulated 
for the purpose of producing specimens of a particular species; that has 
boundaries designed to prevent specimens, including eggs or gametes, 
from entering or leaving the controlled environment; and has general 
characteristics that may include artificial housing, waste removal, 
provision of veterinary care, protection from predators, and 
artificially supplied food.
    (2) Breeding stock means an ensemble of captive wildlife used for 
reproduction.
    (c) Bred-in-captivity criteria. For a specimen to qualify as bred in 
captivity, we must be satisfied that all the following criteria are met:
    (1) If reproduction is sexual, the specimen was born to parents that 
either mated or transferred gametes in a controlled environment.
    (2) If reproduction is asexual, the parent was in a controlled 
environment when development of the offspring began.
    (3) The breeding stock meets all of the following criteria:
    (i) Was established in accordance with the provisions of CITES and 
relevant national laws.
    (ii) Was established in a manner not detrimental to the survival of 
the species in the wild.
    (iii) Is maintained with only occasional introduction of wild 
specimens as provided in paragraph (d) of this section.
    (iv) Has consistently produced offspring of second or subsequent 
generations in a controlled environment, or is

[[Page 171]]

managed in a way that has been demonstrated to be capable of reliably 
producing second-generation offspring and has produced first-generation 
offspring.
    (d) Addition of wild specimens. A very limited number of wild 
specimens (including eggs or gametes) may be introduced into a breeding 
stock if all of the following conditions are met (for Appendix-I 
specimens see also Sec. 23.46(b)(12)):
    (1) The specimens were acquired in accordance with the provisions of 
CITES and relevant national laws.
    (2) The specimens were acquired in a manner not detrimental to the 
survival of the species in the wild.
    (3) The specimens were added either to prevent or alleviate 
deleterious inbreeding, with the number of specimens added as determined 
by the need for new genetic material, or to dispose of confiscated 
animals.



Sec. 23.64  What factors are considered in making a finding that a

plant is artificially propagated?

    (a) Purpose. Article VII(4) and (5) of the Treaty provide exemptions 
that allow for special treatment of plants that were artificially 
propagated (see Sec. Sec. 23.40 and 23.47).
    (b) Definitions. The following terms apply when determining whether 
specimens qualify as ``artificially propagated'':
    (1) Controlled conditions means a nonnatural environment that is 
intensively manipulated by human intervention for the purpose of plant 
production. General characteristics of controlled conditions may 
include, but are not limited to, tillage, fertilization, weed and pest 
control, irrigation, or nursery operations such as potting, bedding, or 
protection from weather.
    (2) Cultivated parental stock means the ensemble of plants grown 
under controlled conditions that are used for reproduction.
    (c) Artificially propagated criteria. Except as provided in 
paragraphs (f) and (g) of this section, for a plant specimen to qualify 
as artificially propagated, we must be satisfied that the plant specimen 
was grown under controlled conditions from a seed, cutting, division, 
callus tissue, other plant tissue, spore, or other propagule that either 
is exempt from the provisions of CITES or has been derived from 
cultivated parental stock. The cultivated parental stock must meet all 
of the following criteria:
    (1) Was established in accordance with the provisions of CITES and 
relevant national laws.
    (2) Was established in a manner not detrimental to the survival of 
the species in the wild.
    (3) Is maintained in sufficient quantities for propagation so as to 
minimize or eliminate the need for augmentation from the wild, with such 
augmentation occurring only as an exception and limited to the amount 
necessary to maintain the vigor and productivity of the cultivated 
parental stock.
    (d) Cutting or division. A plant grown from a cutting or division is 
considered to be artificially propagated only if the traded specimen 
does not contain any material collected from the wild.
    (e) Grafted plant. A grafted plant is artificially propagated only 
when both the rootstock and the material grafted to it have been taken 
from specimens that were artificially propagated in accordance with 
paragraph (c) of this section. A grafted specimen that consists of taxa 
from different Appendices is treated as a specimen of the taxon listed 
in the more restrictive Appendix.
    (f) Timber. Timber taken from trees planted and grown in a 
monospecific plantation is considered artificially propagated if the 
seeds or other propagules from which the trees are grown were legally 
acquired and obtained in a non-detrimental manner.
    (g) Exception for certain plant specimens grown from wild-collected 
seeds or spores. Plant specimens grown from wild-collected seeds or 
spores may be considered artificially propagated only when all of the 
following conditions have been met:
    (1) Establishment of a cultivated parental stock for the taxon 
presents significant difficulties because specimens take a long time to 
reach reproductive age.
    (2) The seeds or spores are collected from the wild and grown under 
controlled conditions within a range country, which must also be the 
country of origin of the seeds or spores.

[[Page 172]]

    (3) The Management Authority of the range country has determined 
that the collection of seeds or spores was legal and consistent with 
relevant national laws for the protection and conservation of the 
species.
    (4) The Scientific Authority of the range country has determined 
that collection of the seeds or spores was not detrimental to the 
survival of the species in the wild, and allowing trade in such 
specimens has a positive effect on the conservation of wild populations. 
In making these determinations, all of the following conditions must be 
met:
    (i) The collection of seeds or spores for this purpose must be 
limited in such a manner as to allow regeneration of the wild 
population.
    (ii) A portion of the plants produced must be used to establish 
plantations to serve as cultivated parental stock in the future and 
become an additional source of seeds or spores and thus reduce or 
eliminate the need to collect seeds from the wild.
    (iii) A portion of the plants produced must be used for replanting 
in the wild, to enhance recovery of existing populations or to re-
establish populations that have been extirpated.
    (5) Operations propagating Appendix-I species for commercial 
purposes must be registered with the CITES Secretariat in accordance 
with the Guidelines for the registration of nurseries exporting 
artificially propagated specimens of Appendix-I species.



Sec. 23.65  What factors are considered in making a finding that an

applicant is suitably equipped to house and care for a live specimen?

    (a) Purpose. Under Article III(3)(b) and (5)(b) of the Treaty, an 
import permit or introduction-from-the-sea certificate for live 
Appendix-I specimens can be issued only if we are satisfied that the 
recipients are suitably equipped to house and care for them.
    (b) General principles. We will follow these general principles in 
making a decision on whether an applicant has facilities that would 
provide proper housing to maintain the specimens for the intended 
purpose and the expertise to provide proper care and husbandry or 
horticultural practices.
    (1) All persons who would be receiving a specimen must be identified 
in an application and their facilities approved by us, including persons 
who are likely to receive a specimen within 1 year after it arrives in 
the United States.
    (2) The applicant must provide sufficient information for us to make 
a finding, including, but not limited to, a description of the facility, 
photographs, or construction plans, and resumes of the recipient or 
staff who will care for the specimen.
    (3) We use the best available information on the requirements of the 
species in making a decision and will consult with experts and other 
Federal and State agencies, as necessary and appropriate.
    (4) The degree of scrutiny that we give an application is based on 
the biological and husbandry or horticultural needs of the species.
    (c) Specific factors considered for wildlife. In addition to the 
general provisions in paragraph (e) of this section, we consider the 
following factors in evaluating suitable housing and care for wildlife:
    (1) Enclosures constructed and maintained so as to provide 
sufficient space to allow each animal to make normal postural and social 
adjustments with adequate freedom of movement. Inadequate space may be 
indicated by evidence of malnutrition, poor condition, debility, stress, 
or abnormal behavior patterns.
    (2) Appropriate forms of environmental enrichment, such as nesting 
material, perches, climbing apparatus, ground substrate, or other 
species-specific materials or objects.
    (3) If the wildlife is on public display, an off-exhibit area, 
consisting of indoor and outdoor accommodations, as appropriate, that 
can house the wildlife on a long-term basis if necessary.
    (4) Provision of water and nutritious food of a nature and in a way 
that are appropriate for the species.
    (5) Staff who are trained and experienced in providing proper daily 
care and maintenance for the species being imported or introduced from 
the sea, or for a closely related species.
    (6) Readily available veterinary care or veterinary staff 
experienced with

[[Page 173]]

the species or a closely related species, including emergency care.
    (d) Specific factors considered for plants. In addition to the 
general provisions in paragraph (e) of the section, we consider the 
following factors in evaluating suitable housing and care for plants:
    (1) Sufficient space, appropriate lighting, and other environmental 
conditions that will ensure proper growth.
    (2) Ability to provide appropriate culture, such as water, 
fertilizer, and pest and disease control.
    (3) Staff with experience with the imported species or related 
species with similar horticultural requirements.
    (e) General factors considered for wildlife and plants. In addition 
to the specific provisions in paragraphs (c) or (d) of this section, we 
will consider the following factors in evaluating suitable housing and 
care for wildlife and plants:
    (1) Adequate enclosures or holding areas to prevent escape or 
unplanned exchange of genetic material with specimens of the same or 
different species outside the facility.
    (2) Appropriate security to prevent theft of specimens and measures 
taken to rectify any previous theft or security problem.
    (3) A reasonable survival rate of specimens of the same species or, 
alternatively, closely related species at the facility, mortalities for 
the previous 3 years, significant injuries to wildlife or damage to 
plants, occurrence of significant disease outbreaks during the previous 
3 years, and measures taken to prevent similar mortalities, injuries, 
damage, or diseases. Significant injuries, damage, or disease outbreaks 
are those that are permanently debilitating or re-occurring.
    (4) Sufficient funding on a long-term basis to cover the cost of 
maintaining the facility and the specimens imported.
    (f) Incomplete facilities or insufficient staff. For applications 
submitted to us before the facilities to hold the specimen are completed 
or the staff is identified or properly trained, we will:
    (1) Review all available information, including construction plans 
or intended staffing, and make a finding based on this information.
    (2) Place a condition on any permit that the import cannot occur 
until the facility has been completed or the staff hired and trained, 
and approved by us.



           Subpart E_International Trade in Certain Specimens



Sec. 23.68  How can I trade internationally in roots of American ginseng?

    (a) U.S. and foreign general provisions. Whole plants and roots 
(whole, sliced, and parts, excluding manufactured parts, products, and 
derivatives, such as powders, pills, extracts, tonics, teas, and 
confectionery) of American ginseng (Panax quinquefolius), whether wild 
or artificially propagated, are included in Appendix II. Cultivated 
American ginseng that does not meet the requirements of artificially 
propagated will be considered wild for export and re-export purposes. 
The import, export, or re-export of ginseng roots must meet the 
requirements of this section and other requirements of this part (see 
subparts B and C for prohibitions and application procedures). For 
specimens that were harvested from a State or Tribe without an approved 
CITES export program, see Sec. 23.36 for export permits and Sec. 23.37 
for re-export certificates.
    (b) Export approval of State and tribal programs. States and Tribes 
set up and maintain ginseng management and harvest programs designed to 
monitor and protect American ginseng from over-harvest. When a State or 
Tribe with a management program provides us with the necessary 
information, we make programmatic findings and have specific 
requirements that allow export under CITES. For wild ginseng, a State or 
Tribe must provide sufficient information for us to determine that its 
management program and harvest controls are appropriate to ensure that 
ginseng harvested within its jurisdiction is legally acquired and that 
export will not be detrimental to the survival of the species in the 
wild. For artificially propagated ginseng, a State or Tribe must provide 
sufficient information for us to determine that ginseng grown within its 
jurisdiction meets the definition of artificially propagated and the 
State or Tribe must have procedures in place to minimize the risk

[[Page 174]]

that the roots of wild-collected plants would be claimed as artificially 
propagated.
    (1) A State or Tribe seeking initial CITES export program approval 
for wild or artificially propagated American ginseng must submit the 
following information on the adoption and implementation of regulatory 
measures to the U.S. Management Authority:
    (i) Laws or regulations mandating licensing or registration of 
persons buying and selling ginseng in that State or on tribal lands.
    (ii) A requirement that ginseng dealers maintain records and provide 
copies of those records to the appropriate State or tribal management 
agency upon request. Dealer records must contain: the name and address 
of the ginseng seller, date of transaction, whether the ginseng is wild 
or artificially propagated and dried or green at time of transaction, 
weight of roots, State or Tribe of origin of roots, and identification 
numbers of the State or tribal certificates used to ship ginseng from 
the State or Tribe of origin.
    (iii) A requirement that State or tribal personnel will inspect 
roots, ensure legal harvest, and have the ability to determine the age 
of roots of all wild-collected ginseng harvested in the State or on 
tribal lands. State or tribal personnel may accept a declaration 
statement by the licensed or registered dealer or grower that the 
ginseng roots are artificially propagated.
    (iv) A requirement that State or tribal personnel will weigh ginseng 
roots unsold by March 31 of the year after harvest and give a weight 
receipt to the owner of the roots. Future export certification of this 
stock must be issued against the weight receipt.
    (v) A requirement that State or tribal personnel will issue 
certificates for wild and artificially propagated ginseng. These 
certificates must contain at a minimum:
    (A) State of origin.
    (B) Serial number of certificate.
    (C) Dealer's State or tribal license or registration number.
    (D) Dealer's shipment number for that harvest season.
    (E) Year of harvest of ginseng being certified.
    (F) Designation as wild or artificially propagated.
    (G) Designation as dried or fresh (green) roots.
    (H) Weight of roots.
    (I) Statement of State or tribal certifying official verifying that 
the ginseng was obtained in that State or on those tribal lands in 
accordance with all relevant laws for that harvest year.
    (J) Name and title of State or tribal certifying official.
    (2) In addition, a State or Tribe seeking initial CITES export 
program approval for wild American ginseng must submit the following 
information to the U.S. Management Authority:
    (i) An assessment of the condition of the population and trends, 
including a description of the types of information on which the 
assessment is based, such as an analysis of population demographics; 
population models; or analysis of past harvest levels or indices of 
abundance independent of harvest information, such as field surveys.
    (ii) Historic, present, and potential distribution of wild ginseng 
on a county-by-county basis.
    (iii) Phenology of ginseng, including flowering and fruiting 
periods.
    (iv) Habitat evaluation.
    (v) If available, copies of any ginseng management or monitoring 
plans or other relevant reports that the State or Tribe has prepared as 
part of its existing management program.
    (3) A State or Tribe with an approved CITES export program must 
complete Form 3-200-61 and submit it to the U.S. Management Authority by 
May 31 of each year to provide information on the previous harvest 
season.
    (c) U.S. application process. Application forms and a list of States 
and Tribes with approved ginseng programs can be obtained from our 
website or by contacting us (see Sec. 23.7).
    (1) To export wild or artificially propagated ginseng harvested 
under an approved State or tribal program, complete Form 3-200-34 or 
Form 3-200-74 for additional single-use permits under an annual program 
file.
    (2) To export wild ginseng harvested from a State or Tribe that does 
not have an approved program, complete Form 3-200-32. To export 
artificially propagated ginseng from a State or

[[Page 175]]

Tribe that does not have an approved program, complete Form 3-200-33.
    (3) To re-export ginseng, complete Form 3-200-32.
    (4) For information on issuance criteria for CITES documents, see 
Sec. 23.36 for export permits, Sec. 23.37 for re-export certificates, 
and Sec. 23.40 for certificates for artificially propagated plants.
    (d) Conditions for export. Upon export, roots must be accompanied by 
a State or tribal certificate containing the information specified in 
paragraph (b)(1)(v) of this section.



Sec. 23.69  How can I trade internationally in fur skins and fur skin

products of bobcat, river otter, Canada lynx, gray wolf, and brown bear?

    (a) U.S. and foreign general provisions. For purposes of this 
section, CITES furbearers means bobcat (Lynx rufus), river otter (Lontra 
canadensis), and Canada lynx (Lynx canadensis), and the Alaskan 
populations of gray wolf (Canis lupus), and brown bear (Ursus arctos). 
These species are included in Appendix II based on Article II(2)(b) of 
the Treaty (see Sec. 23.89). The import, export, or re-export of fur 
skins and fur skin products must meet the requirements of this section 
and the other requirements of this part (see subparts B and C for 
prohibitions and application procedures). For specimens that were 
harvested from a State or Tribe without an approved CITES export 
program, see Sec. 23.36 for export permits and Sec. 23.37 for re-export 
certificates.
    (b) Export approval of State and tribal programs. States and Tribes 
set up and maintain management and harvest programs designed to monitor 
and protect CITES furbearers from over-harvest. When a State or Tribe 
with a management program provides us with the necessary information, we 
make programmatic findings and have specific requirements that allow 
export under CITES. A State or Tribe must provide sufficient information 
for us to determine that its management program and harvest controls are 
appropriate to ensure that CITES furbearers harvested within its 
jurisdiction are legally acquired and that export will not be 
detrimental to the survival of the species in the wild.
    (1) A State or Tribe seeking initial CITES export program approval 
must submit the following information to the U.S. Management Authority, 
except as provided in paragraph (b)(2) of this section:
    (i) An assessment of the condition of the population and a 
description of the types of information on which the assessment is 
based, such as an analysis of carcass demographics, population models, 
analysis of past harvest levels as a function of fur prices or trapper 
effort, or indices of abundance independent of harvest information, such 
as scent station surveys, archer surveys, camera traps, track or scat 
surveys, or road kill counts.
    (ii) Current harvest control measures, including laws regulating 
harvest seasons and methods.
    (iii) Total allowable harvest of the species.
    (iv) Distribution of harvest.
    (v) Indication of how frequently harvest levels are evaluated.
    (vi) Tagging or marking requirements for fur skins.
    (vii) Habitat evaluation.
    (viii) If available, copies of any furbearer management plans or 
other relevant reports that the State or Tribe has prepared as part of 
its existing management program.
    (2) If the U.S. Scientific Authority has made a range-wide non-
detriment finding for a species, a State or Tribe seeking initial 
approval for a CITES export program for that species need only submit 
the information in (b)(1)(ii) and (vi) of this section.
    (3) A State or Tribe with an approved CITES export program must 
submit a CITES furbearer activity report to the U.S. Management 
Authority by October 31 of each year that provides information as to 
whether or not the population status or management of the species has 
changed within the State or tribal lands. This report may reference 
information provided in previous years if the information has not 
changed. Except as provided in paragraph (b)(4) of this section, a 
furbearer activity report should include, at a minimum, the following:
    (i) For each species, the number of specimens taken and the number 
of animals tagged, if different.

[[Page 176]]

    (ii) An assessment of the condition of the population, including 
trends, and a description of the types of information on which the 
assessment is based. If population levels are decreasing, the activity 
report should include the State or Tribe's professional assessment of 
the reason for the decline and any steps being taken to address it.
    (iii) Information on, and a copy of, any changes in laws or 
regulations affecting these species.
    (iv) If available, copies of relevant reports that the State or 
Tribe has prepared during the year in question as part of its existing 
management programs for CITES furbearers.
    (4) When the U.S. Scientific Authority has made a range-wide non-
detriment finding for a species, the annual furbearer activity report 
from a State or Tribe with an approved export program for that species 
should include, at a minimum, a statement indicating whether or not the 
status of the species has changed and the information in paragraph 
(b)(3)(iii) and (iv) of this section. Range-wide non-detriment findings 
will be re-evaluated at least every 5 years, or sooner if information 
indicates that there has been a change in the status or management of 
the species that might lead to different treatment of the species. When 
a range-wide non-detriment finding is re-evaluated, States and Tribes 
with an approved export program for the species must submit information 
that allows us to determine whether our finding remains valid.
    (c) CITES tags. Unless an alternative method has been approved, each 
CITES fur skin to be exported or re-exported must have a U.S. CITES tag 
permanently attached.
    (1) The tag must be inserted through the skin and permanently locked 
in place using the locking mechanism of the tag.
    (2) The legend on the CITES tag must include the US-CITES logo, an 
abbreviation for the State or Tribe of harvest, a standard species code 
assigned by the Management Authority, and a unique serial number.
    (3) Fur skins with broken, cut, or missing tags may not be exported. 
Replacement tags must be obtained before the furs are presented for 
export or re-export. To obtain a replacement tag, either from the State 
or Tribe that issued the original tag or from us, you must provide 
information to show that the fur was legally acquired.
    (i) When a tag is broken, cut, or missing, you may contact the State 
or Tribe of harvest for a replacement tag. If the State or Tribe cannot 
replace it, you may apply to FWS Law Enforcement for a replacement tag. 
If the tag is broken or cut, you must give us the tag. If the tag is 
missing, you must provide details concerning how the tag was lost. If we 
are satisfied that the fur was legally acquired, we will provide a CITES 
replacement tag.
    (ii) A replacement tag must meet all of the requirements in 
paragraph (c) of this section, except the legend will include only the 
US-CITES logo, FWS-REPL, and a unique serial number.
    (4) Tags are not required on fur skin products.
    (d) Documentation requirements. The U.S. CITES export permit or an 
annex attached to the permit must contain all information that is given 
on the tag.
    (e) U.S. application process. Application forms and a list of States 
and Tribes with approved furbearer programs can be obtained from our 
website or by contacting us (see Sec. 23.7).
    (1) To export fur skins taken under an approved State or tribal 
program, complete Form 3-200-26 and submit it to either FWS Law 
Enforcement or the U.S. Management Authority.
    (2) To export fur skins that were not harvested under an approved 
program, complete Form 3-200-27 and submit it to the U.S. Management 
Authority.
    (3) To re-export fur skins, complete Form 3-200-73 and submit it 
either to FWS Law Enforcement or the U.S. Management Authority.
    (4) For information on issuance criteria for CITES documents, see 
Sec. 23.36 for export permits and Sec. 23.37 for re-export 
certificates.
    (f) Conditions for export. Upon export, each fur skin, other than a 
fur skin product, must be clearly identified in accordance with 
paragraph (c) of this section.

[[Page 177]]



Sec. 23.70  How can I trade internationally in American alligator and

other crocodilian skins, parts, and products?

    (a) U.S. and foreign general provisions. For the purposes of this 
section, crocodilian means all species of alligator, caiman, crocodile, 
and gavial of the order Crocodylia. The import, export, or re-export of 
any crocodilian skins, parts, or products must meet the requirements of 
this section and the other requirements of this part (see subparts B and 
C for prohibitions and application procedures). For American alligator 
(Alligator mississippiensis) specimens harvested from a State or Tribe 
without an approved CITES export program, see Sec. 23.36 for export 
permits and Sec. 23.37 for re-export certificates.
    (b) Definitions. Terms used in this section are defined as follows:
    (1) Crocodilian skins means whole or partial skins, flanks, 
chalecos, and bellies (including those that are salted, crusted, tanned, 
partially tanned, or otherwise processed), including skins of sport-
hunted trophies.
    (2) Crocodilian parts means body parts with or without skin attached 
(including tails, throats, feet, meat, skulls, and other parts) and 
small cut skin pieces.
    (c) Export approval of State and tribal programs for American 
alligator. States and Tribes set up and maintain management and harvest 
programs designed to monitor and protect American alligators from over-
harvest. When a State or Tribe with a management program provides us 
with the necessary information, we make programmatic findings and have 
specific requirements that allow export under CITES. A State or Tribe 
must provide sufficient information for us to determine that its 
management program and harvest controls are appropriate to ensure that 
alligators harvested within its jurisdiction are legally acquired and 
that the export will not be detrimental to the survival of the species 
in the wild.
    (1) A State or Tribe seeking initial CITES export program approval 
must submit the following to the U.S. Management Authority:
    (i) An assessment of the condition of the wild population and a 
description of the types of information on which the assessment is 
based, such as an analysis of carcass demographics, population models, 
analysis of past harvest levels as a function of skin prices or 
harvester effort, or indices of abundance independent of harvest 
information, such as nest surveys, spotlighting surveys, or nuisance 
complaints.
    (ii) Current harvest control measures, including laws regulating 
harvest seasons and methods.
    (iii) Total allowable harvest of the species.
    (iv) Distribution of harvest.
    (v) Indication of how frequently harvest levels are evaluated.
    (vi) Tagging or marking requirements for skins and parts.
    (vii) Habitat evaluation.
    (viii) Information on nuisance alligator management programs.
    (ix) Information on alligator farming programs, including whether 
collecting and rearing of eggs or hatchlings is allowed, what factors 
are used to set harvest levels, and whether any alligators are returned 
to the wild.
    (x) If available, copies of any alligator management plans or other 
relevant reports for American alligator that the State or Tribe has 
prepared as part of its existing management program.
    (2) A State or Tribe with an approved CITES export program must 
submit an American alligator activity report to the U.S. Management 
Authority by July 1 of each year to provide information regarding 
harvests during the previous year. This report may reference information 
provided in previous years if the information has not changed. An 
American alligator activity report, at a minimum, should include the 
following:
    (i) The total number of skins from wild or farmed alligators that 
were tagged by the State or Tribe.
    (ii) An assessment of the status of the alligator population with an 
indication of whether the population is stable, increasing, or 
decreasing, and at what rate (if known). If population levels are 
decreasing, activity reports should include the State or Tribe's 
professional assessment of the reason for

[[Page 178]]

the decline and any steps being taken to address it.
    (iii) For wild alligators, information on harvest, including harvest 
of nuisance alligators, methods used to determine harvest levels, 
demographics of the harvest, and methods used to determine the total 
number and population trends of alligators in the wild.
    (iv) For farmed alligators, information on whether collecting and 
rearing of eggs or hatchlings is allowed, what factors are used to set 
harvest levels, and whether any alligators are returned to the wild.
    (v) Information on, and a copy of, any changes in laws or 
regulations affecting the American alligator.
    (vi) If available, copies of relevant reports that the State or 
Tribe has prepared during the reporting period as part of its existing 
management program for the American alligator.
    (3) We provide CITES export tags to States and Tribes with approved 
CITES export programs. American alligator skins and parts must meet the 
marking and tagging requirements of paragraphs (d), (e), and (f) of this 
section.
    (d) Tagging of crocodilian skins. You may import, export, or re-
export any crocodilian skin only if a non-reusable tag is inserted 
though the skin and locked in place using the locking mechanism of the 
tag. A mounted sport-hunted trophy must be accompanied by the tag from 
the skin used to make the mount.
    (1) Except as provided for a replacement tag in paragraph (d)(3)(ii) 
of this section, the tag must:
    (i) Be self-locking, heat resistant, and inert to chemical and 
mechanical processes.
    (ii) Be permanently stamped with the two-letter ISO code for the 
country of origin, a unique serial number, a standardized species code 
(available on our website; see Sec. 23.7), and the year of production 
or harvest. For American alligator, the export tags include the US-CITES 
logo, an abbreviation for the State or Tribe of harvest, a standard 
species code (MIS = Alligator mississippiensis), the year of taking, and 
a unique serial number.
    (iii) If the year of production or harvest and serial number appear 
next to each other on a tag, the information should be separated by a 
hyphen.
    (2) Skins and flanks must be individually tagged, and chalecos must 
have a tag attached to each flank.
    (3) Skins with broken, cut, or missing tags may not be exported. 
Replacement tags must be obtained before the skins are presented for 
import, export, or re-export. To obtain a replacement tag, either from 
the State or Tribe of harvest (for American alligator) or from us, you 
must provide information to show that the skin was legally acquired.
    (i) In the United States, when an American alligator tag is broken, 
cut, or missing, you may contact the State or Tribe of harvest for a 
replacement tag. If the State or Tribe cannot replace it, you may apply 
to FWS Law Enforcement for a replacement tag. To obtain replacement tags 
for crocodilian skins other than American alligator in the United 
States, contact FWS Law Enforcement. If the tag is broken or cut, you 
must give us the tag. If the tag is missing, you must provide details 
concerning how the tag was lost. If we are satisfied that the skin was 
legally acquired, we will provide a CITES replacement tag.
    (ii) A replacement tag must meet all of the requirements in 
paragraph (d)(1) of this section except that the species code and year 
of production or harvest will not be required, and for re-exports the 
country of re-export must be shown in place of the country of origin. In 
the United States, the legend will include the US-CITES logo, FWS-REPL, 
and a unique serial number.
    (e) Meat and skulls. Except for American alligator, you may import, 
export, or re-export crocodilian meat and skulls without tags or 
markings. American alligator meat and skulls may be imported, exported, 
or re-exported if packaged and marked or tagged in accordance with State 
or tribal laws as follows:
    (1) Meat from legally harvested and tagged alligators must be packed 
in permanently sealed containers and labeled as required by State or 
tribal laws or regulations. Bulk meat containers must be marked with any 
required State or tribal parts tag or bulk

[[Page 179]]

meat tag permanently attached and indicating, at a minimum, State or 
Tribe of origin, year of take, species, original U.S. CITES tag number 
for the corresponding skin, weight of meat in the container, and 
identification of State-licensed processor or packer.
    (2) Each American alligator skull must be marked as required by 
State or tribal law or regulation. This marking must include, at a 
minimum, reference to the corresponding U.S. CITES tag number on the 
skin.
    (f) Tagging or labeling of crocodilian parts other than meat and 
skulls. You may import, export, or re-export crocodilian parts other 
than meat and skulls when the following conditions are met:
    (1) Parts must be packed in transparent sealed containers.
    (2) Containers must be clearly marked with a non-reusable parts tag 
or label that includes all of the information in paragraph (d)(1)(ii) of 
this section and a description of the contents, the total weight 
(contents and container), and the number of the CITES document.
    (3) Tags are not required on crocodilian products.
    (4) Tags are not required on scientific specimens except as required 
in paragraphs (d) and (e) of this section.
    (g) Documentation requirements. The CITES document or an annex 
attached to the document must contain all information that is given on 
the tag or label.
    (h) U.S. application process. Application forms and a list of States 
and Tribes with approved American alligator programs can be obtained 
from our website or by contacting us (see Sec. 23.7).
    (1) To export American alligator specimens taken under an approved 
State or tribal program, complete Form 3-200-26 and submit it to either 
FWS Law Enforcement or the U.S. Management Authority.
    (2) To export American alligator specimens that are not from an 
approved program, complete Form 3-200-27 and submit it to the U.S. 
Management Authority.
    (3) For information on issuance criteria for CITES documents, see 
Sec. 23.36 for export permits and Sec. 23.37 for re-export 
certificates.
    (i) Conditions for import, export, or re-export. Upon import, 
export, or re-export, each crocodilian specimen must meet the applicable 
tagging requirements in paragraphs (d), (e), and (f) of this section.



Sec. 23.71  How can I trade internationally in sturgeon caviar?

    (a) U.S. and foreign general provisions. For the purposes of this 
section, sturgeon caviar means the processed roe of any species of 
sturgeon, including paddlefish (Order Acipenseriformes). The import, 
export, or re-export of sturgeon caviar must meet the requirements of 
this section and the other requirements of this part (see subparts B and 
C for prohibitions and application procedures).
    (b) Labeling. You may import, export, or re-export sturgeon caviar 
only if labels are affixed to containers prior to export or re-export in 
accordance with this paragraph.
    (1) The following definitions apply to caviar labeling:
    (i) Non-reusable label means any label or mark that cannot be 
removed without being damaged or transferred to another container.
    (ii) Primary container means any container in direct contact with 
the caviar.
    (iii) Secondary container means the receptacle into which primary 
containers are placed.
    (iv) Processing plant means a facility in the country of origin 
responsible for the first packaging of caviar into a primary container.
    (v) Repackaging plant means a facility responsible for receiving and 
repackaging caviar into new primary containers.
    (vi) Lot identification number means a number that corresponds to 
information related to the caviar tracking system used by the processing 
plant or repackaging plant.
    (2) The caviar-processing plant in the country of origin must affix 
a non-reusable label on the primary container that includes all of the 
following information:
    (i) Standardized species code; for hybrids, the species code for the 
male is followed by the code for the female and the codes are separated 
by an ``x''

[[Page 180]]

(codes are available on our website; see Sec. 23.7).
    (ii) Source code.
    (iii) Two-letter ISO code of the country of origin.
    (iv) Year of harvest.
    (v) Processing plant code and lot identification number.
    (3) If caviar is repackaged before export or re-export, the 
repackaging plant must affix a non-reusable label to the primary 
container that includes all of the following information:
    (i) The standardized species code, source code, and two-letter ISO 
code of the country of origin.
    (ii) Year of repackaging and the repackaging plant code, which 
incorporates the two-letter ISO code for the repackaging country if 
different from the country of origin.
    (iii) Lot identification number or CITES document number.
    (4) The exact quantity of caviar must be indicated on any secondary 
container along with a description of the contents in accordance with 
international customs regulations.
    (c) Documentation requirements. Unless the sturgeon caviar qualifies 
as a personal or household effect under Sec. 23.15, the CITES document 
or an annex attached to the document must contain all information that 
is given on the label. The exact quantity of each species of caviar must 
be indicated on the CITES document.
    (d) Export quotas. Commercial shipments of sturgeon caviar from 
stocks shared between different countries may be imported only if all of 
the following conditions have been met:
    (1) The relevant countries have established annual export quotas for 
the shared stocks that were derived from catch quotas agreed among the 
countries and based on an appropriate regional conservation strategy and 
monitoring regime.
    (2) The quotas have been communicated to the CITES Secretariat and 
the Secretariat has confirmed that the quotas have been agreed by all 
relevant countries.
    (3) The CITES Secretariat has communicated these annual quotas to 
CITES Parties.
    (4) The caviar is exported during the calendar year in which it was 
harvested and processed.
    (e) Re-exports. Any re-export of sturgeon caviar must occur within 
18 months from the date of issuance of the original export permit.
    (f) Pre-Convention. Sturgeon caviar may not be imported, exported, 
or re-exported under a pre-Convention certificate.
    (g) Mixed caviar. Caviar and caviar products that consist of roe 
from more than one species may only be imported into or exported from 
the United States if the exact quantity of roe from each species is 
known and is indicated on the CITES document.
    (h) U.S. application forms. Application forms can be obtained from 
our website or by contacting us (see Sec. 23.7). For CITES document 
requirements, see Sec. 23.36 for export permits and Sec. 23.37 for re-
export certificates. For export, complete Form 3-200-76 and submit it to 
the U.S. Management Authority. For re-export, complete Form 3-200-73 and 
submit it to FWS Law Enforcement.



Sec. 23.72  How can I trade internationally in plants?

    (a) U.S. and foreign general provisions: In addition to the 
requirements of this section, the import, export, or re-export of CITES 
plant specimens must meet the other requirements of this part (see 
subparts B and C for prohibitions and application procedures).
    (b) Seeds. International shipments of seeds of any species listed in 
Appendix I, except for seeds of certain artificially propagated hybrids 
(see Sec. 23.92), or seeds of species listed in Appendix II or III with 
an annotation that includes seeds, must be accompanied by a valid CITES 
document. International shipments of CITES seeds that are artificially 
propagated also must be accompanied by a valid CITES document.
    (c) A plant propagated from exempt plant material. A plant grown 
from exempt plant material is regulated by CITES.
    (1) The proposed shipment of the specimen is treated as an export 
even if the exempt plant material from which it was derived was 
previously imported. The country of origin is the country in

[[Page 181]]

which the specimen ceased to qualify for the exemption.
    (2) Plants grown from exempt plant material qualify as artificially 
propagated provided they are grown under controlled conditions.
    (3) To export plants grown from exempt plant material under 
controlled conditions, complete Form 3-200-33 for a certificate for 
artificially propagated plants.
    (d)  Salvaged plants.
    (1) For purposes of this section, salvaged plant means a plant taken 
from the wild as a result of some environmental modification in a 
country where a Party has done all of the following:
    (i) Ensured that the environmental modification program does not 
threaten the survival of CITES plant species, and that protection of 
Appendix-I species in situ is considered a national and international 
obligation.
    (ii) Established salvaged specimens in cultivation after concerted 
attempts have failed to ensure that the environmental modification 
program would not put at risk wild populations of CITES species.
    (2) International trade in salvaged Appendix-I plants, and Appendix-
II plants whose entry into trade might otherwise have been considered 
detrimental to the survival of the species in the wild, may be permitted 
only when all the following conditions are met:
    (i) Such trade would clearly benefit the survival of the species in 
the wild or in cultivation.
    (ii) Import is for the purposes of care and propagation.
    (iii) Import is by a bona fide botanic garden or scientific 
institution.
    (iv) Any salvaged Appendix-I plant will not be sold or used to 
establish a commercial operation for artificial propagation after 
import.



Sec. 23.73  How can I trade internationally in timber?

    (a) U.S. and foreign general provisions: In addition to the 
requirements of this section, the import, export, or re-export of timber 
species listed under CITES must meet the other requirements of this part 
(see subparts B and C for prohibitions and application procedures).
    (b) Definitions. The following definitions apply to parts, products, 
and derivatives that appear in the annotations to certain timber species 
in the CITES Appendices. These definitions are based on the tariff 
classifications of the Harmonized System of the World Customs 
Organization.
    (1) Logs means all wood in the rough, whether or not stripped of 
bark or sapwood, or roughly squared for processing, notably into sawn 
wood, pulpwood, or veneer sheets.
    (2) Sawn wood means wood simply sawn lengthwise or produced by a 
profile-chipping process. Sawn wood normally exceeds 6 mm in thickness.
    (3) Veneer sheets means thin layers or sheets of wood of uniform 
thickness, usually 6 mm or less, usually peeled or sliced, for use in 
making plywood, veneer furniture, veneer containers, or similar 
products.
    (4) Plywood means wood material consisting of three or more sheets 
of wood glued and pressed one on the other and generally disposed so 
that the grains of successive layers are at an angle.
    (c) The following exceptions apply to Appendix-II or -III timber 
species that have a substantive annotation that designates either logs, 
sawn wood, and veneer sheets, or logs, sawn wood, veneer sheets, and 
plywood:
    (1) Change in destination. When a shipment of timber destined for 
one country is redirected to another, the Management Authority in the 
country of import may change the name and address of the importer 
indicated on the CITES document under the following conditions:
    (i) The quantity imported is the same as the quantity certified by a 
stamp or seal and authorized signature of the Management Authority on 
the CITES document at the time of export or re-export.
    (ii) The number of the bill of lading for the shipment is on the 
CITES document, and the bill of lading is presented at the time of 
import.
    (iii) The import takes place before the CITES document expires, and 
the period of validity has not been extended.
    (iv) The Management Authority of the importing country includes the 
following statement in block 5, or an

[[Page 182]]

equivalent place, of the CITES document: ``Import into [name of country] 
permitted in accordance with [cite the appropriate section number from 
the current permit and certificate resolution] on [date].'' The 
modification is certified with an official stamp and signature.
    (v) The Management Authority sends a copy of the amended CITES 
document to the country of export or re-export and the Secretariat.
    (2) Extension of CITES document validity. A Management Authority in 
the country of import may extend the validity of an export permit or re-
export certificate beyond the normal maximum of 6 months after the date 
of issue under the following conditions:
    (i) The shipment has arrived in the port of final destination before 
the CITES document expires, is being held in customs bond, and is not 
considered imported.
    (ii) The time extension does not exceed 6 months from the date of 
expiration of the CITES document and no previous extension has been 
issued.
    (iii) The Management Authority has included in block 5, or an 
equivalent place, of the CITES document the date of arrival and the new 
date of expiration on the document, and certified the modification with 
an official stamp and signature.
    (iv) The shipment is imported into the country from the port where 
the Management Authority issued the extension and before the amended 
CITES document expires.
    (v) The Management Authority sends a copy of the amended CITES 
document to the country of export or re-export and to the Secretariat.



Sec. 23.74  How can I trade internationally in personal sport-hunted 

trophies?

    (a) U.S. and foreign general provisions. Except as provided for 
personal and household effects in Sec. 23.15, the import, export, or 
re-export of sport-hunted trophies of species listed under CITES must 
meet the requirements of this section and the other requirements of this 
part (see subparts B and C for prohibitions and application procedures).
    (b) Sport-hunted trophy means raw or tanned parts of a specimen that 
was taken by a hunter, who is also the importer, exporter, or re-
exporter, during a sport hunt for personal use. It may include the 
bones, claws, hair, head, hide, hooves, horns, meat, skull, teeth, 
tusks, or any taxidermied part, including, but not limited to, a rug or 
taxidermied head, shoulder, or full mount. It does not include articles 
made from a trophy, such as worked, manufactured, or handicraft items 
for use as clothing, curios, ornamentation, jewelry, or other 
utilitarian items.
    (c) Use after import. You may use your sport-hunted trophy after 
import into the United States as provided in Sec. 23.55.
    (d) Quantity and tagging. The following provisions apply to the 
issuance and acceptance of U.S. and foreign CITES documents:
    (1) The number of trophies that one hunter may import in any 
calendar year for the following species is:
    (i) No more than two leopard (Panthera pardus) trophies.
    (ii) No more than one markhor (Capra falconeri) trophy.
    (iii) No more than one black rhinoceros (Diceros bicornis) trophy.
    (2) Each trophy imported, exported, or re-exported must be marked or 
tagged in the following manner:
    (i) Leopard and markhor: Each raw or tanned skin must have a self-
locking tag inserted through the skin and permanently locked in place 
using the locking mechanism of the tag. The tag must indicate the 
country of origin, the number of the specimen in relation to the annual 
quota, and the calendar year in which the specimen was taken in the 
wild. A mounted sport-hunted trophy must be accompanied by the tag from 
the skin used to make the mount.
    (ii) Black rhinoceros: Parts of the trophy, including, but not 
limited to, skin, skull, or horns, whether mounted or loose, should be 
individually marked with reference to the country of origin, species, 
the number of the specimen in relation to the annual quota, and the year 
of export.
    (3) The export permit or re-export certificate or an annex attached 
to the permit or certificate must contain all the information that is 
given on the tag.

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          Subpart F_Disposal of Confiscated Wildlife and Plants



Sec. 23.78  What happens to confiscated wildlife and plants?

    (a) Purpose. Article VIII of the Treaty provides for confiscation or 
return to the country of export of specimens that are traded in 
violation of CITES.
    (b) Disposal options. Part 12 of this subchapter provides the 
options we have for disposing of forfeited and abandoned live and dead 
wildlife and plants. These include maintenance in captivity either in 
the United States or in the country of export, return to the wild under 
limited circumstances, and sale of certain Appendix-II or -III 
specimens. Under some conditions, euthanasia or destruction may be 
necessary.
    (1) We use a plant rescue center program to dispose of confiscated 
live plants. Participants in this program may also assist APHIS, CBP, 
and FWS Law Enforcement in holding seized specimens as evidence pending 
any legal decisions.
    (2) We dispose of confiscated live wildlife on a case-by-case basis 
at the time of seizure and forfeiture, and consider the quantity, 
protection level, and husbandry needs of the wildlife.
    (c) Re-export. We may issue a re-export certificate for a CITES 
specimen that was forfeited or abandoned when the certificate indicates 
the specimen was confiscated and when the re-export meets one of the 
following purposes:
    (1) For any CITES species, the return of a live specimen to the 
Management Authority of the country of export, placement of a live 
specimen in a rescue center, or use of the specimen for law enforcement, 
judicial, or forensic purposes.
    (2) For an Appendix-II or -III species, the disposal of the specimen 
in an appropriate manner that benefits enforcement and administration of 
the Convention.
    (d) Consultation process. FWS and APHIS may consult with the 
Management Authority in the country of export or re-export and other 
relevant governmental and nongovernmental experts before making a 
decision on the disposal of confiscated live specimens that have been 
forfeited or abandoned to the FWS, APHIS, or CBP.



Sec. 23.79  How may I participate in the Plant Rescue Center Program?

    (a) Purpose. We have established the Plant Rescue Center Program to 
place confiscated live plants quickly to prevent physical damage to the 
plants.
    (b) Criteria. Institutions interested in participating in this 
program must be:
    (1) Nonprofit, open to the public, and have the expertise and 
facilities to care for confiscated exotic plant specimens. A 
participating institution may be a botanical garden, arboretum, 
zoological park, research institution, or other qualifying institution.
    (2) Willing to transfer confiscated plants from the port where they 
were confiscated to their facilities at their own expense.
    (3) Willing to return the plants to the U.S. Government if the 
country of export has requested their return. The U.S. Government will 
then coordinate the plants' return to the country of export.
    (4) Willing to accept and maintain a plant shipment as a unit until 
it has received authorization from us to incorporate the shipment into 
its permanent collection or transfer a portion of it to another 
participating institution.
    (c) Participation. Institutions wishing to participate in the Plant 
Rescue Center Program should contact the U.S. Management Authority (see 
Sec. 23.7). They must provide a brief description of the greenhouse or 
display facilities, the names and telephone numbers of any individuals 
authorized to accept plants on behalf of the institution, and the 
mailing address where the plants should be sent. In addition, interested 
institutions must indicate if they are limited with regard to the type 
of plants they are able to maintain or the quantities of plants they can 
handle at one time.



                     Subpart G_CITES Administration



Sec. 23.84  What are the roles of the Secretariat and the committees?

    (a) Secretariat. The Secretariat is headed by the Secretary-General. 
Its functions are listed in Article XII of the Treaty and include:
    (1) Arranging and staffing meetings of the Parties.

[[Page 184]]

    (2) Performing functions as requested in relation to listings in the 
Appendices.
    (3) Undertaking scientific and technical studies, as authorized by 
the CoP, to contribute to implementation of the Convention.
    (4) Studying reports of the Parties and requesting additional 
information as appropriate to ensure effective implementation of the 
Convention.
    (5) Bringing to the attention of the Parties matters relevant to the 
Convention.
    (6) Periodically publishing and distributing to the Parties current 
editions of the Appendices as well as information on the identification 
of specimens of species listed in the Appendices.
    (7) Preparing annual reports to the Parties on its work and on the 
implementation of the Convention.
    (8) Making recommendations for the implementation of the aims and 
provisions of the Convention, including the exchange of scientific and 
technical information.
    (9) Performing other functions entrusted to it by the Parties.
    (b) Committees. The Parties have established four committees to 
provide administrative and technical support to the Parties and to the 
Secretariat. The CoP may charge any of these committees with tasks.
    (1) The Standing Committee steers the work and performance of the 
Convention between CoPs.
    (i) This committee oversees development and execution of the 
Secretariat's budget, advises other committees, appoints working groups, 
and carries out activities on behalf of the Parties between CoPs.
    (ii) Regional representatives are countries that are elected by 
their respective geographic regions at the CoP.
    (2) The Animals Committee and the Plants Committee provide advice 
and guidance to the CoP, the other committees, working groups, and the 
Secretariat on all matters relevant to international trade in species 
included in the Appendices.
    (i) These committees also assist the Nomenclature Committee in the 
development and maintenance of a standardized list of species names; 
provide assistance with regard to identification of species listed in 
the Appendices; cooperate with the Secretariat to assist Scientific 
Authorities; compile and evaluate data on Appendix-II species that are 
considered significantly affected by trade; periodically review the 
status of wildlife and plant species listed in the Appendices; advise 
range countries on management techniques when requested; draft 
resolutions on wildlife and plant matters for consideration by the 
Parties; deal with issues related to the transport of live specimens; 
and report to the CoP and the Standing Committee.
    (ii) Regional representatives are individuals, who are elected by 
their respective geographic regions at the CoP.
    (3) The Nomenclature Committee is responsible for developing or 
identifying standard nomenclature references for wildlife and plant taxa 
and making recommendations on nomenclature to Parties, the CoP, other 
committees, working groups, and the Secretariat. The Nomenclature 
Committee is made up of one zoologist and one botanist, who are 
appointed by the CoP.



Sec. 23.85  What is a meeting of the Conference of the Parties (CoP)?

    (a) Purpose. Article XI of the Treaty provides general guidelines 
for meetings of the countries that have ratified, accepted, approved, or 
acceded to CITES. The Parties currently meet for 2 weeks every 3 years. 
At these meetings, the Parties consider amendments to the Appendices and 
resolutions and decisions to improve the implementation of CITES. The 
Parties adopt amendments to the lists of species in Appendix I and II 
and resolutions by a two-thirds majority of Parties present and voting. 
The Secretariat or any Party may also submit reports on wildlife and 
plant trade for consideration.
    (b) CoP locations and dates. At a CoP, Parties interested in hosting 
the next meeting notify the Secretariat. The Parties vote to select the 
location of the next CoP. Once a country has been chosen, it works with 
the Secretariat to set the date and specific venue. The Secretariat then 
notifies the Parties of the date for the next CoP.

[[Page 185]]

    (c) Attendance at a CoP. All Parties may participate and vote at a 
CoP. Non-Party countries may participate, but may not vote. 
Organizations technically qualified in protection, conservation, or 
management of wildlife or plants may participate in a CoP as observers 
if they are approved, but they are not eligible to vote.
    (1) International organizations must apply to the CITES Secretariat 
for approval to attend a CoP as an observer.
    (2) National organizations must apply to the Management Authority of 
the country where they are located for approval to attend a CoP as an 
observer.



Sec. 23.86  How can I obtain information on a CoP?

    As we receive information on an upcoming CoP from the CITES 
Secretariat, we will notify the public either through published notices 
in the Federal Register or postings on our website (see Sec. 23.7). We 
will provide:
    (a) A summary of the information we have received with an invitation 
for the public to comment and provide information on the agenda, 
proposed amendments to the Appendices, and proposed resolutions that 
they believe the United States should submit for consideration at the 
CoP.
    (b) Information on times, dates, and locations of public meetings.
    (c) Information on how international and national organizations may 
apply to participate as observers.



Sec. 23.87  How does the United States develop documents and 

negotiating positions for a CoP?

    (a) In developing documents and negotiating positions for a CoP, we:
    (1) Will provide for at least one public meeting.
    (2) Consult with appropriate Federal, State, and tribal agencies; 
foreign governmental agencies; scientists; experts; and others.
    (3) Seek public comment through published Federal Register notices 
or postings on our website that:
    (i) Solicit recommendations on potential proposals to amend the 
Appendices, draft resolutions, and other documents for U.S. submission 
to the CoP.
    (ii) Announce proposals to amend the Appendices, draft resolutions, 
and other documents that the United States is considering submitting to 
the CoP.
    (iii) Provide the CoP agenda and a list of the amendments to the 
Appendices proposed for the CoP, a summary of our proposed negotiating 
positions on these items, and the reasons for our proposed positions.
    (4) Consider comments received in response to notices or postings 
provided in paragraph (a)(3) of this section.
    (b) We submit the following documents to the Secretariat for 
consideration at the CoP:
    (1) Draft resolutions and other documents at least 150 days before 
the CoP.
    (2) Proposals to amend the Appendices at least 150 days before the 
CoP if we have consulted all range countries, or 330 days before the CoP 
if we have not consulted the range countries. For the latter, the 
additional time allows for the range countries to be consulted through 
the Secretariat.
    (c) The Director may modify or suspend any of these procedures if 
they would interfere with the timely or appropriate development of 
documents for submission to the CoP and U.S. negotiating positions.
    (d) We may receive additional information at a CoP or circumstances 
may develop that have an impact on our tentative negotiating positions. 
As a result, the U.S. representatives to a CoP may find it necessary to 
modify, reverse, or otherwise change any of those positions when to do 
so would be in the best interests of the United States or the 
conservation of the species.



Sec. 23.88  What are the resolutions and decisions of the CoP?

    (a) Purpose. Under Article XI of the Treaty, the Parties agree to 
resolutions and decisions that clarify and interpret the Convention to 
improve its effectiveness. Resolutions are generally intended to provide 
long-standing guidance, whereas decisions typically contain instructions 
to a specific committee, Parties, or the Secretariat. Decisions are 
often intended to be implemented by a specific date, and then they 
expire.

[[Page 186]]

    (b) Effective date. A resolution or decision adopted by the Parties 
becomes effective 90 days after the last day of the meeting at which it 
was adopted, unless otherwise specified in the resolution or decision.



                       Subpart H_Lists of Species



Sec. 23.89  What are the criteria for listing species in Appendix I or II?

    (a) Purpose. Article XV of the Treaty sets out the procedures for 
amending CITES Appendices I and II. A species must meet trade and 
biological criteria listed in the CITES resolution for amendment of 
Appendices I and II. When determining whether a species qualifies for 
inclusion in or removal from Appendix I or II, or transfer from one 
Appendix to another, we will:
    (1) Consult with States, Tribes, range countries, relevant experts, 
other Federal agencies, and the general public.
    (2) Utilize the best available biological information.
    (3) Evaluate that information against the criteria in paragraphs (b) 
through (f) of this section.
    (b) Listing a species in Appendix I. Any species qualifies for 
inclusion in Appendix I if it is or may be affected by trade and meets, 
or is likely to meet, at least one biological criterion for Appendix I.
    (1) These criteria are:
    (i) The size of the wild population is small.
    (ii) Area of distribution is restricted.
    (iii) There is an observed, inferred, or projected marked decline in 
the population size in the wild.
    (2) Factors to be considered include, but are not limited to, 
population and range fragmentation; habitat availability or quality; 
area of distribution; taxon-specific vulnerabilities due to life 
history, behavior, or other intrinsic factors, such as migration; 
population structure and niche requirements; threats from extrinsic 
factors such as the form of exploitation, introduced species, habitat 
degradation and destruction, and stochastic events; or decreases in 
recruitment.
    (c) Listing a species in Appendix II due to actual or potential 
threats. Any species qualifies for inclusion in Appendix II if it is or 
may be affected by trade and meets at least one of the criteria for 
listing in Appendix II based on actual or potential threats to that 
species. These criteria are:
    (1) It is known, or can be inferred or projected, that the 
regulation of trade is necessary to avoid the species becoming eligible 
for inclusion in Appendix I in the near future.
    (2) It is known, or can be inferred or projected, that the 
regulation of trade in the species is required to ensure that the 
harvest of specimens from the wild is not reducing the wild population 
to a level at which its survival might be threatened by continued 
harvest or other influences.
    (d) Listing a species in Appendix II due to similarity of appearance 
or other factors. Any species qualifies for inclusion in Appendix II if 
it meets either of the criteria for listing in Appendix II due to 
similarity of appearance or other factors. These criteria are:
    (1) The specimens of the species in the form in which they are 
traded resemble specimens of a species listed in Appendix II due to 
criteria in paragraph (c) of this section or in Appendix I, such that 
enforcement officers who encounter specimens of such similar CITES 
species are unlikely to be able to distinguish between them.
    (2) There are compelling reasons other than those in paragraph 
(d)(1) of this section to ensure that effective control of trade in 
currently listed species is achieved.
    (e) Other issues. We will evaluate any potential changes to the 
Appendices, taking into consideration other issues, including but not 
limited to, split-listing, annotation, listings of higher taxa and 
hybrids, and specific listing issues related to plants and commercially 
exploited aquatic species.
    (f) Precautionary measures. We will evaluate any potential transfers 
from Appendix I to II or removal of species from the Appendices in the 
context of precautionary measures.
    (g) Proposal. If a Party determines that a taxon qualifies for 
inclusion in or removal from Appendix I or II, or transfer from one 
Appendix to another, a proposal may be submitted to the Secretariat for 
consideration by the CoP.

[[Page 187]]

    (1) The proposal should indicate the intent of the specific action 
(such as inclusion in Appendix I or II); be specific and accurate as to 
the parts and derivatives to be included in the listing; ensure that any 
proposed annotation is consistent with existing annotations; state the 
criteria against which the proposal is to be judged; and provide a 
justification for the basis on which the species meets the relevant 
criteria.
    (2) The proposal must be in a prescribed format. Contact the U.S. 
Scientific Authority for a copy (see Sec. 23.7).



Sec. 23.90  What are the criteria for listing species in Appendix III?

    (a) Purpose. Article XVI of the Treaty sets out the procedures for 
amending Appendix III.
    (b) General procedure. A Party may unilaterally, at any time, submit 
a request to list a species in Appendix III to the CITES Secretariat. 
The listing will become effective 90 days after the Secretariat notifies 
the Parties of the request.
    (c) Criteria for listing. For a Party to list a species in Appendix 
III, all of the following criteria must be met:
    (1) The species must be native to the country listing the species.
    (2) The species must be protected under that country's laws or 
regulations to prevent or restrict exploitation and control trade, and 
the laws or regulations are being implemented.
    (3) The species is in international trade, and there are indications 
that the cooperation of other Parties would help to control illegal 
trade.
    (4) The listing Party must inform the Management Authorities of 
other range countries, the known major importing countries, the 
Secretariat, and the Animals Committee or the Plants Committee that it 
is considering the listing and seek their opinions on the potential 
effects of the listing.
    (d) Annotation. The listing Party may annotate the Appendix-III 
listing to include only specific parts, products, derivatives, or life 
stages, as long as the Secretariat is notified of the annotation.
    (e) U.S. procedure. The procedure to list a species native to the 
United States in Appendix III is as follows:
    (1) We will consult with and solicit comments from all States and 
Tribes where the species occurs and all other range countries.
    (2) We will publish a proposed rule in the Federal Register to 
solicit comments from the public.
    (3) If after evaluating the comments received and available 
information we determine the species should be listed in Appendix III, 
we will publish a final rule in the Federal Register and notify the 
Secretariat of the listing.
    (f) Removing a species from Appendix III. We will monitor the 
international trade in Appendix-III species listed by us and 
periodically evaluate whether each species continues to meet the listing 
criteria in paragraph (c) of this section. We will remove a species from 
Appendix III provided all of the following criteria are met:
    (1) International trade in the species is very limited. As a general 
guide, we will consider removal when exports involve fewer than 5 
shipments per year or fewer than 100 individual animals or plants.
    (2) Legal and illegal trade in the species, including international 
trade or interstate commerce, is determined not to be a concern.
    (g) Transferring a species from Appendix III to Appendix I or II. 
If, after monitoring the trade and evaluating the status of an Appendix-
III species we listed, we determine that the species meets the criteria 
in Sec. 23.89(b) through (d) of this section for listing in Appendix I 
or II, we will consider whether to submit a proposal to amend the 
listing at the next CoP.



Sec. 23.91  How do I find out if a species is listed?

    (a) CITES list. The official CITES list includes species of wildlife 
and plants placed in Appendix I, II, and III in accordance with the 
provisions of Articles XV and XVI of the Treaty. This list is maintained 
by the CITES Secretariat based on decisions of the Parties. You may 
access the official list from the CITES website (see Sec. 23.7).
    (b) Effective date. Amendments to the CITES list are effective as 
follows:
    (1) Appendix-I and -II species listings adopted at the CoP are 
effective 90

[[Page 188]]

days after the last day of the CoP, unless otherwise specified in the 
proposal.
    (2) Appendix-I and -II species listings adopted between CoPs by 
postal procedures are effective 120 days after the Secretariat has 
communicated comments and recommendations on the listing to the Parties 
if the Secretariat does not receive an objection to the proposed 
amendment from a Party.
    (3) Appendix-III species listings are effective 90 days after the 
date the Secretariat has communicated such listings to the Parties. A 
listing Party may withdraw a species from the list at any time by 
notifying the Secretariat. The withdrawal is effective 30 days after the 
Secretariat has communicated the withdrawal to the Parties.



Sec. 23.92  Are any wildlife or plants, and their parts, products,

or derivatives, exempt?

    (a) All living or dead wildlife and plants in Appendix I, II, and 
III and all their readily recognizable parts, products, and derivatives 
must meet the requirements of CITES and this part, except as indicated 
in paragraph (b) of this section.
    (b) The following are exempt from the requirements of CITES and do 
not need CITES documents. You may be required to demonstrate that your 
specimen qualifies as exempt under this section. For specimens that are 
exempt from CITES requirements, you must still follow the clearance 
requirements for wildlife in part 14 of this subchapter and for plants 
in part 24 of this subchapter and 7 CFR parts 319, 352, and 355.
    (1) Appendix-III wildlife and Appendix-II or -III plants.
    (i) Where an annotation designates what is excluded from CITES 
requirements, any part, product, or derivative that is specifically 
excluded.
    (ii) Where an annotation designates what is covered by the Treaty, 
all parts, products, or derivatives that are not designated.
    (2) Plant hybrids.
    (i) Seeds and pollen (including pollinia), cut flowers, and flasked 
seedlings or tissue cultures of hybrids that qualify as artificially 
propagated (see Sec. 23.64) and that were produced from one or more 
Appendix-I species or taxa that are not annotated to specifically 
include hybrids in the CITES list.
    (ii) Specimens of an Appendix-II or -III plant taxon with an 
annotation that specifically excludes hybrids.
    (3) Flasked seedlings of Appendix-I orchids. Flasked seedlings of an 
Appendix-I orchid species that qualify as artificially propagated (see 
Sec. 23.64).
    (4) Marine specimens listed in Appendix II that are protected under 
another treaty, convention, or international agreement which was in 
force on July 1, 1975 as provided in Sec. 23.39(d).
    (5) Coral sand and coral fragments as defined in Sec. 23.5.
    (6) Personal and household effects as provided in Sec. 23.15.
    (7) Urine, feces, and synthetically derived DNA as provided in Sec. 
23.16.
    (8) Certain wildlife hybrids as provided in Sec. 23.43.



PART 24_IMPORTATION AND EXPORTATION OF PLANTS--Table of Contents




                         Subpart A_Introduction

Sec.
24.1 Purpose of regulations.
24.2 Scope of regulations.

        Subpart B_Importation and Exportation at Designated Ports

24.11 General restrictions.
24.12 Designated ports.

    Authority: Secs. 9(f)(1), 11(f), Pub. L. 93-205, 87 Stat 893, 897 
(16 U.S.C. 1538(f)(1), 1540(f)).

    Source: 49 FR 42941, Oct. 25, 1984, unless otherwise noted.



                         Subpart A_Introduction



Sec. 24.1  Purpose of regulations.

    The regulations contained in this part are for the purpose of 
establishing ports for the importation, exportation and reexportation of 
plants.



Sec. 24.2  Scope of regulations.

    The provisions in this part are in addition to, and do not 
supersede, other regulations in this chapter. Also, the U.S. Department 
of Agriculture administers the Plant Quarantine Act, as amended (7 
U.S.C. 151 et seq.), the Federal Plant Pest Act, as amended (7 U.S.C. 
150aa et seq.), and the Federal

[[Page 189]]

Noxious Weed Act of 1974 (7 U.S.C. 2801 et seq.), which contain 
authority for additional prohibitions and restrictions, including 
additional port of entry requirements, for the importation or 
exportation of plants (See 7 CFR chapter III for regulations containing 
prohibitions and restrictions under these authorities).



        Subpart B_Importation and Exportation at Designated Ports



Sec. 24.11  General restrictions.

    No person shall import, export, or reexport plants at any place 
other than at a port designated in 24.12 (hereinafter ``designated 
port'') in accordance with the provisions of this part, unless otherwise 
specifically authorized by the Service at a nondesignated port in 
accordance with section 9(f)(1) of the Endangered Species Act of 1973, 
as amended.



Sec. 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

[[Page 190]]

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]

[[Page 191]]



            SUBCHAPTER C_THE NATIONAL WILDLIFE REFUGE SYSTEM





PART 25_ADMINISTRATIVE PROVISIONS--Table of Contents




                         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



Sec. 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]



Sec. 25.12  What do these terms mean?

    (a) As used in the rules and regulations in this subchapter:

[[Page 192]]

    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 Sec. 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

[[Page 193]]

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.

[[Page 194]]

    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]



Sec. 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



Sec. 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 Sec. 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

[[Page 195]]

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 Sec. 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 Sec. 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]

[[Page 196]]



Sec. 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.



Sec. 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 Sec. 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



Sec. 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 Sec. 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



Sec. 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]



Sec. 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.



Sec. 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]

[[Page 197]]



Sec. 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]



Sec. 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 Sec. 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

[[Page 198]]

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.



Sec. 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.



Sec. 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.



Sec. 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.



Sec. 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 
Sec. 25.31 of this part.



Sec. 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.



Sec. 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.



Sec. 25.57  Exceptions and exemptions.

    At Entrance Fee Areas:

[[Page 199]]

    (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



Sec. 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



Sec. 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.



Sec. 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.



PART 26_PUBLIC ENTRY AND USE--Table of Contents




                         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.

[[Page 200]]



                         Subpart A_Introduction



Sec. 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



Sec. 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 Sec. 26.34, 
Sec. 27.91 or Sec. 29.2 of this subchapter C.



Sec. 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 Sec. 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.



Sec. 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.



Sec. 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.



Sec. 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.



Sec. 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.



Sec. 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



Sec. 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.



Sec. 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.



Sec. 26.33  Special regulations.

    (a) Special regulations shall be issued for public use, access, and 
recreation

[[Page 201]]

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.



Sec. 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.

[[Page 202]]

    (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 Sec. 
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

[[Page 203]]

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.

[[Page 204]]

    (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.

[[Page 205]]

    (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.



Sec. 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.



Sec. 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.



Sec. 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;

[[Page 206]]

    (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]



PART 27_PROHIBITED ACTS--Table of Contents




                         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.

[[Page 207]]

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



Sec. 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



Sec. 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



Sec. 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

[[Page 208]]

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 Sec. 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.



Sec. 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

[[Page 209]]

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.



Sec. 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.



Sec. 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



Sec. 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.



Sec. 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]



Sec. 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



Sec. 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

[[Page 210]]

is prohibited except by special permit unless otherwise permitted under 
this subchapter C.
    (b) [Reserved]



Sec. 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



Sec. 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.



Sec. 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.



Sec. 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.



Sec. 27.64  Prospecting and mining.

    Prospecting, locating, or filing mining claims on national wildlife 
refuges is prohibited unless otherwise provided by law. See Sec. 29.31 
for provisions concerning mineral leasing.

[41 FR 9168, Mar. 3, 1976, as amended at 44 FR 42976, July 23, 1979]



Sec. 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



Sec. 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.



Sec. 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.



Sec. 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



Sec. 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.



Sec. 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

[[Page 211]]

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.



Sec. 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.



Sec. 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.



Sec. 27.85  Gambling.

    Gambling in any form, or the operation of gambling devices, for 
money or otherwise, on any national wildlife refuge is prohibited.



Sec. 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



Sec. 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.



Sec. 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.



Sec. 27.93  Abandonment of property.

    Abandoning, discarding, or otherwise leaving any personal property 
in any national wildlife refuge is prohibited.



Sec. 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.

[[Page 212]]



Sec. 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 Sec. 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.



Sec. 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.



Sec. 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.



PART 28_ENFORCEMENT, PENALTY, AND PROCEDURAL REQUIREMENTS FOR

VIOLATIONS OF PARTS 25, 26, AND 27--Table of Contents




                         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



Sec. 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



Sec. 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



Sec. 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

[[Page 213]]

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]



Sec. 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



Sec. 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.



Sec. 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

[[Page 214]]

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.



Sec. 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.



PART 29_LAND USE MANAGEMENT--Table of Contents




                         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



Sec. 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]

[[Page 215]]



Sec. 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.



Sec. Sec. 29.3-29.4  [Reserved]



Sec. 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



Sec. 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]



Sec. 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 Sec. 29.21-2. No right-of-
way will be approved unless it is determined by the Regional Director to 
be compatible. See Sec. 29.21-8 for additional requirements applicable 
to rights-of-way for electric power transmission lines and Sec. 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

[[Page 216]]

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 Sec. 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 Sec. 29.21-8 for 
additional requirements applicable to rights-of-way for electric power 
transmission lines and Sec. 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 Sec. 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]



Sec. 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,

[[Page 217]]

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:


[[Page 218]]


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]



Sec. 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]



Sec. 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 Sec. 
29.21-8 for special requirements for electric powerlines and Sec. 
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

[[Page 219]]

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 manager in charge may request.
    (5) To do everything reasonably within his power, both independently 
and on request of any duly authorized representative of the United 
States, to prevent and suppress fires on or near, lands to be occupied 
under the easement or permit area, including making available such 
construction and maintenance forces as may be reasonably obtainable for 
the suppression of such fires.
    (6) To rebuild and repair such roads, fences, structures, and trails 
as may be destroyed or injured by construction work and upon request by 
the Regional Director, to build and maintain necessary and suitable 
crossings for all roads and trails that intersect the works constructed, 
maintained, or operated under the right-of-way.
    (7) To pay the United States the full value for all damages to the 
lands or other property of the United States caused by him or by his 
employees, contractors, or employees of the contractors, and to 
indemnify the United States against any liability for damages to life, 
person or property arising from the occupancy or use of the lands under 
the easement or permit, except where the easement or permit is granted 
hereunder to a State or other governmental agency which has no legal 
power to assume such a liability with respect to damages caused by it to 
lands or property, such agency in lieu thereof agrees to repair all such 
damages. Where the easement of permit involves lands which are under the 
exclusive jurisdiction of the United States, the holder or his 
employees, contractors, or agents of the contractors, shall be liable to 
third parties for injuries incurred in connection with the easement or 
permit area. Grants of easements or permits involving special hazards 
will impose liability without fault for injury and damage to the land 
and property of the United States up to a specified maximum limit 
commensurate with the foreseeable risks or hazards presented. The amount 
of no-fault liability for each occurrence is hereby limited to no more 
than $1,000,000.
    (8) To notify promptly the project manager in charge of the amount 
of merchantable timber, if any, which will be cut, removed, or destroyed 
in the construction and maintenance of the project, and to pay the 
United States in advance of construction such sum of money as the 
project manager may determine to be the full stumpage value of the 
timber to be so cut, removed, or destroyed.
    (9) That all or any part of the easement or permit granted may be 
terminated by the Regional Director, for failure to comply with any or 
all of the terms or conditions of the grant, or for abandonment. A 
rebuttable presumption of abandonment is raised by deliberate failure of 
the holder to use for any continuous 2-year period the easement or 
permit for the purpose for which it was granted or renewed. In the event 
of noncompliance of abandonment, the Regional Director will notify in 
writing the holder of the easement or permit of his intention to suspend 
or terminate such grant 60 days from the date of the notice, stating the 
reasons therefor, unless prior to that time the holder completes such 
corrective actions as are specified in the notice. The Regional Director 
may grant an extension of time within which to complete corrective 
actions when, in his judgment, extenuating circumstances not

[[Page 220]]

within the holder's control such as adverse weather conditions, 
disturbance to wildlife during breeding periods or periods of peak 
concentration, or other compelling reasons warrant. Should the holder of 
a right-of-way issued under authority of the Mineral Leasing Act, as 
amended, fail to take corrective action within the 60-day period, the 
Regional Director will provide for an administrative proceeding pursuant 
to 5 U.S.C. 554, prior to a final Departmental decision to suspend or 
terminate the easement or permit. In the case of all other right-of-way 
holders, failure to take corrective action within the 60-day period will 
result in a determination by the Regional Director to suspend or 
terminate the easement or permit. No administrative proceeding shall be 
required where the easement or permit terminates under its terms.
    (10) To restore the land to its original condition to the 
satisfaction of the Regional Director so far as it is reasonably 
possible to do so upon revocation and/or termination of the easement or 
permit, unless this requirement is waived in writing by the Regional 
Director. Termination also includes permits or easements that terminate 
under the terms of the grant.
    (11) To keep the project manager informed at all times of his 
address, and, in case of corporations, of the address of its principal 
place of business and the names and addresses of its principal officers.
    (12) That in the construction, operation, and maintenance of the 
project, he shall not discriminate against any employee or applicant for 
employment because of race, creed, color, or national origin and shall 
require an identical provision to be included in all subcontracts.
    (13) That the grant of the easement or permit shall be subject to 
the express condition that the exercise thereof will not unduly 
interfere with the management, administration, or disposal by the United 
States of the land affected thereby. The applicant agrees and consents 
to the occupancy and use by the United States, its grantees, permittees, 
or lessees of any part of the easement of permit area not actually 
occupied for the purpose of the granted rights to the extent that it 
does not interfere with the full and safe utilization thereof by the 
holder. The holder of an easement or permit also agrees that authorized 
representatives of the United States shall have the right of access to 
the easement or permit area for the purpose of making inspections and 
monitoring the construction, operation and maintenance of facilities.
    (14) That the easement or permit herein granted shall be subject to 
the express covenant that any facility constructed thereon will be 
modified or adapted, if such is found by the Regional Director to be 
necessary, without liability or expense to the United States, so that 
such facility will not conflict with the use and occupancy of the land 
for any authorized works which may hereafter be constructed thereon 
under the authority of the United States. Any such modification will be 
planned and scheduled so as not to interfere unduly with or to have 
minimal effect upon continuity of energy and delivery requirements.
    (15) That the easement or permit herein granted shall be for the 
specific use described and may not be construed to include the further 
right to authorize any other use within the easement or permit area 
unless approved in writing by the Regional Director.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43918, Aug. 31, 1977]



Sec. 29.21-5  Construction.

    (a) If construction is not commenced within two (2) years after date 
of right-of-way grant, the right-of-way may be canceled by the Director 
of the U.S. Fish and Wildlife Service at his discretion.
    (b) Proof of construction: Upon completion of construction, the 
applicant shall file a certification of completion with the Regional 
Director.

[42 FR 43919, Aug. 31, 1977]



Sec. 29.21-6  Disposal, transfer or termination of interest.

    (a) Change in jurisdiction over and disposal of lands. The final 
disposal by the United States of any tract of land traversed by a right-
of-way shall not be construed to be a revocation of the right-of-way in 
whole or in part, but such final disposition shall be deemed

[[Page 221]]

and taken to be subject to such right-of-way unless it has been 
specifically canceled.
    (b) Transfer of easement or permit. Any proposed transfer, by 
assignment, lease, operating agreement or otherwise, of an easement or 
permit must be filed in triplicate with the Regional Director and must 
be supported by a stipulation that the transferee agrees to comply with 
and be bound by the terms and conditions of the original grant. A $25 
nonreturnable service fee must accompany the proposal. No transfer will 
be recognized unless and until approved in writing by the Regional 
Director.
    (c) Disposal of property on termination of right-of-way. In the 
absence of any agreement to the contrary, the holder of the right-of-way 
will be allowed 6 months after termination to remove all property or 
improvements other than a road and useable improvements to a road, 
placed thereon by him; otherwise, all such property and improvements 
shall become the property of the United States. Extensions of time may 
be granted at the discretion of the Regional Director.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43919, Aug. 31, 1977]



Sec. 29.21-7  What payment do we require for use and occupancy of

national wildlife refuge lands?

    (a) Payment for use and occupancy of lands under the regulations of 
this subpart will be required and will be for fair market value as 
determined by appraisal by the Regional Director. At the discretion of 
the Regional Director, the payment may be a lump sum payment or an 
annual fair market rental payment, to be made in advance. If any 
Federal, State or local agency is exempted from such payment by and any 
other provision of Federal law, such agency shall otherwise compensate 
the Service by any other means agreeable to the Regional Director, 
including, but not limited to, making other land available or the loan 
of equipment or personnel, except that any such compensation shall 
relate to, and be consistent with the objectives of the National 
Wildlife Refuge System. The Regional Director may waive such requirement 
for compensation if he finds such requirement impracticable or 
unnecessary.
    (b) When annual rental payments are used, such rates shall be 
reviewed by the Regional Director at any time not less than 5 years 
after the grant of the permit, right-of-way, or easement or the last 
revision of charges thereunder, The Regional Director will furnish a 
notice in writing to the holder of an easement or permit of intent to 
impose new charges to reflect fair market value commencing with the 
ensuing charge year. The revised charges will be effective unless the 
holder files an appeal in accordance with Sec. 29.22.

[42 FR 43919, Aug. 31, 1977, as amended at 65 FR 62483, Oct. 18, 2000]



Sec. 29.21-8  Electric power transmission line rights-of-way.

    By accepting a right-of-way for a power transmission line, the 
applicant thereby agrees and consents to comply with and be bound by the 
following terms and conditions, except those which the Secretary may 
waive in a particular case, in addition to those specified in Sec. 
29.21-4(b).
    (a) To protect in a workmanlike manner, at crossings and at places 
in proximity to his transmission lines on the right-of-way authorized, 
in accordance with the rules prescribed in the National Electric Safety 
Code, all Government and other telephone, telegraph and power 
transmission lines from contact and all highways and railroads from 
obstruction and to maintain his transmission lines in such manner as not 
to menace life or property.
    (b) Neither the privilege nor the right to occupy or use the lands 
for the purpose authorized shall relieve him of any legal liability for 
causing inductive or conductive interference between any project 
transmission line or other project works constructed, operated, or 
maintained by him on the servient lands, and any radio installation, 
telephone line, or other communication facilities now or hereafter 
constructed and operated by the United States or any agency thereof.

[42 FR 43919, Aug. 31, 1977, as amended at 48 FR 31655, July 11, 1983]

[[Page 222]]



Sec. 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.

    (a) Application procedure. Applications for pipelines and related 
facilities under this section are to be filed in accordance with Sec. 
29.21-2 of these regulations with the following exception:

    When the right-of-way or proposed facility will occupy Federal land 
under the control of more than one Federal Agency and/or more than one 
bureau or office of the Department of the Interior, a single application 
shall be filed with the appropriate State Director of the Bureau of Land 
Management in accordance with regulations in 43 CFR part 2800.

    Any portion of the facility occupying land of the National Wildlife 
Refuge System will be subject to the provisions of these regulations.
    (b) Right-of-way grants under this section will be subject to the 
special requirements of section 28 of the Mineral Leasing Act of 1920 
(30 U.S.C. 185), as amended, as set forth below. Gathering lines and 
associated structures used solely in the production of oil and gas under 
valid leases on the lands administered by the Fish and Wildlife Service 
are excepted from the provisions of this section.
    (1) Pipeline safety. Rights-of-way or permits granted under this 
section will include requirements that will protect the safety of 
workers and protect the public from sudden ruptures and slow degradation 
of the pipeline. An applicant must agree to design, construct, and 
operate all proposed facilities in accordance with the provisions of 
parts 192 and/or 195 of title 49 of the CFR and in accordance with the 
Occupational Safety and Health Act of 1970, Pub. L. 91-596, including 
any amendments thereto.
    (2) Environmental protection. An application for a right-of-way must 
contain environmental information required by Sec. 29.21-2(a)(4) of 
this subpart. If the Regional Director determines that a proposed 
project will have a significant affect on the environment, there must 
also be furnished a plan of construction, operations, and rehabilitation 
of the proposed facilities. In addition to terms and conditions imposed 
under Sec. 29.21-4, the Regional director will impose such stipulations 
as may be required to assure: (i) Restoration, revegetation and 
curtailment of erosion of the surface; (ii) that activities in 
connection with the right-of-way or permit will not violate applicable 
air and water quality standards in related facilities siting standards 
established by law; (iii) control or prevention of damage to the 
environment including damage to fish and wildlife habitat, public or 
private property, and public health and safety; and (iv) protection of 
the interests of individuals living in the general area of the right-of-
way or permit who rely on the fish, wildlife, and biotic resources of 
the area for subsistence purposes.
    (c) Disclosure. If the applicant is a partnership, corporation, 
association, or other business entity it must disclose the identity of 
the participants in the entity. Such disclosure shall include where 
applicable (1) the name and address of each partner, (2) the name and 
address of each shareholder owning 3 percentum or more of the shares, 
together with the number and percentage of any class of voting shares of 
the entity which such shareholder is authorized to vote, and (3) the 
name and address of each affiliate of the entity together with, in the 
case of an affiliate controlled by the entity, the number of shares and 
the percentage of any class of voting stock of that affiliate owned, 
directly or indirectly, by that entity, and in the case of an affiliate 
which controls that entity, the number of shares and the percentage of 
any class of voting stock of that entity owned, directly or indirectly, 
by the affiliate.
    (d) Technical and financial capability. The Regional Director may 
grant or renew a right-of-way or permit under this section only when he 
is satisfied that the applicant has the technical and financial 
capability to construct, operate, maintain and terminate the facility. 
At the discretion of the Regional Director, a financial statement may be 
required.
    (e) Reimbursement of costs. In accordance with Sec. 29.21-2(a)(3) 
of this subpart, the holder of a right-of-way or permit must reimburse 
the Service for the cost incurred in monitoring the construction, 
operation, maintenance, and

[[Page 223]]

termination of any pipeline or related facilities as determined by the 
Regional Director.
    (f) Public hearing. The Regional Director shall give notice to 
Federal, State, and local government agencies, and the public, and 
afford them the opportunity to comment on right-of-way applications 
under this section. A notice will be published in the Federal Register 
and a public hearing may be held where appropriate.
    (g) Bonding. Where appropriate the Regional Director may require the 
holder of a right-of-way or permit to furnish a bond, or other security 
satisfactory to him, to secure all or any of the obligations imposed by 
the terms and conditions of the right-of-way or permit or by any rule or 
regulation, not to exceed the period of construction plus one year or a 
longer period if necessary for the pipeline to stabilize.
    (h) Suspension of right-of-way. If the Project Manager determines 
that an immediate temporary suspension of activities within a right-of-
way or permit area is necessary to protect public health and safety or 
the environment, he may issue an emergency suspension order to abate 
such activities prior to an administrative proceeding. The Regional 
Director must make a determination and notify the holder in writing 
within 15 days from the date of suspension as to whether the suspension 
should continue and list actions needed to terminate the suspension. 
Such suspension shall remain in effect for only so long as an emergency 
condition continues.
    (i) Joint use of rights-of-way. Each right-of-way or permit shall 
reserve to the Regional Director the right to grant additional rights-
of-way or permits for compatible uses on or adjacent to rights-of-way or 
permit areas granted under this section after giving notice to the 
holder and an opportunity to comment.
    (j) Common carriers. (1) Pipelines and related facilities used for 
the transportation of oil, natural gas, synthetic liquid or gaseous 
fuels, or any refined product produced therefrom shall be constructed, 
operated, and maintained as common carriers.
    (2)(i) The owners or operators of pipelines subject to this subpart 
shall accept, convey, transport, or purchase without discrimination all 
oil or gas delivered to the pipeline without regard to whether such oil 
or gas was produced on Federal or non-Federal lands.
    (ii) In the case of oil or gas produced from Federal lands or from 
the resources on the Federal lands in the vicinity of the pipelines, the 
Secretary may, after a full hearing with due notice thereof to the 
interested parties and a proper finding of facts, determine the 
proportionate amounts to be accepted, conveyed, transported or 
purchased.
    (3)(i) The common carrier provisions of this section shall not apply 
to any natural gas pipeline operated by any person subject to regulation 
under the Natural Gas Act or by any public utility subject to regulation 
by a State or municipal regulatory agency having jurisdiction to 
regulate the rates and charges for the sale of natural gas to consumers 
within the State or municipality.
    (ii) Where natural gas not subject to state regulatory or 
conservation laws governing its purchase by pipelines is offered for 
sale, each such pipeline shall purchase, without discrimination, any 
such natural gas produced in the vicinity of the pipeline.
    (4) The Regional Director shall require, prior to granting or 
renewing a right-of-way, that the applicant submit and disclose all 
plans, contracts, agreements, or other information or material which he 
deems necessary to determine whether a right-of-way shall be granted or 
renewed and the terms and conditions which should be included in the 
right-of-way. Such information may include, but is not limited to: (i) 
Conditions for, and agreements among owners or operators, regarding the 
addition of pumping facilities, looping, or otherwise increasing the 
pipeline or terminal's throughput capacity in response to actual or 
anticipated increases in demand; (ii) conditions for adding or 
abandoning intake, offtake, or storage points or facilities; and (iii) 
minimum shipment or purchase tenders.
    (k) Limitations on export. Any domestically produced crude oil 
transported by pipeline over rights-of-way granted

[[Page 224]]

pursuant to section 28 of the Mineral Leasing Act of 1920, except such 
crude oil which is either exchanged in similar quantity for convenience 
or increased efficiency of transportation with persons or the government 
of an adjacent foreign state, or which is temporarily exported for 
convenience or increased efficiency of transportation across parts of an 
adjacent foreign state and reenters the United States, shall be subject 
to all of the limitation and licensing requirements of the Export 
Administration Act of 1969.
    (l) State standards. The Regional Director shall take into 
consideration, and to the extent practical comply with, applicable State 
standards for right-of-way construction, operation, and maintenance.
    (m) Congressional notification. The Secretary shall notify the House 
and Senate Committees on Interior and Insular Affairs promptly upon 
receipt of an application for a right-of-way for pipeline 24 inches or 
more in diameter, and no right-of-way for such a pipeline shall be 
granted until 60 days (not including days on which the House or Senate 
has adjourned for more than three days) after a notice of intention to 
grant the right-of-way together with the Secretary's detailed findings 
as to terms and conditions he proposes to impose, has been submitted to 
the Committees, unless each Committee by resolution waives the waiting 
period.

[42 FR 43921, Aug. 31, 1977]



Sec. 29.22  Hearing and appeals procedures.

    An appeal may be taken from any final disposition of the Regional 
Director to the Director, U.S. Fish and Wildlife Service, and, except in 
the case of a denial of a right-of-way application, from the latter's 
decision to the Secretary of the Interior. Appeals to the Secretary 
shall be taken pursuant to 43 CFR part 4, subpart G.

[44 FR 42976, July 23, 1979]



                      Subpart C_Mineral Operations



Sec. 29.31  Mineral ownerships in the United States.

    Where mineral rights to lands in wildlife refuge areas are vested in 
the United States, the provisions of 43 CFR 3101.3-3, 3109.4, 3201.1-6 
and 3501.2-2 govern.

[31 FR 16026, Dec. 15, 1966, as amended at 44 FR 42976, July 23, 1979]



Sec. 29.32  Mineral rights reserved and excepted.

    Persons holding mineral rights in wildlife refuge lands by 
reservation in the conveyance to the United States and persons holding 
mineral rights in such lands which rights vested prior to the 
acquisition of the lands by the United States shall, to the greatest 
extent practicable, conduct all exploration, development, and production 
operations in such a manner as to prevent damage, erosion, pollution, or 
contamination to the lands, waters, facilities and vegetation of the 
area. So far as is practicable, such operations must also be conducted 
without interference with the operation of the refuge or disturbance to 
the wildlife thereon. Physical occupancy of the area must be kept to the 
minimum space compatible with the conduct of efficient mineral 
operations. Persons conducting mineral operations on refuge areas must 
comply with all applicable Federal and State laws and regulations for 
the protection of wildlife and the administration of the area. Oil field 
brine, slag, and all other waste and contaminating substances must be 
kept in the smallest practicable area, must be confined so as to prevent 
escape as a result of rains and high water or otherwise, and must be 
removed from the area as quickly as practicable in such a manner as to 
prevent contamination, pollution, damage, or injury to the lands, 
waters, facilities, or vegetation of the refuge or to wildlife. 
Structures and equipment must be removed from the area when the need for 
them has ended. Upon the cessation of operations the area shall be 
restored as nearly as possible to its condition prior to the 
commencement of operations. Nothing in this section shall be applied so 
as to contravene or nullify rights vested in holders of mineral 
interests on refuge lands.

[[Page 225]]



PART 30_RANGE AND FERAL ANIMAL MANAGEMENT--Table of Contents




                         Subpart A_Range Animals

Sec.
30.1 Surplus range animals.
30.2 Disposition of surplus range animals.

                         Subpart B_Feral Animals

30.11 Control of feral animals.
30.12 Disposition of feral animals.

    Authority: 5 U.S.C. 301; 16 U.S.C. 668dd, as amended; 16 U.S.C. 
715i, as amended; 41 CFR 101-44.



                         Subpart A_Range Animals



Sec. 30.1  Surplus range animals.

    Range animals on fenced wildlife refuge areas, including buffalo and 
longhorn cattle, determined to be surplus to the needs of the 
conservation program may be planned and scheduled for disposal.

[38 FR 16356, June 22, 1973]



Sec. 30.2  Disposition of surplus range animals.

    Disposition shall be made only during regularly scheduled disposal 
program periods, except in the event of exigent circumstances affecting 
the animals, their range, or the recipient. The Refuge Manager is 
responsible for determining the existence of ``exigent circumstances.'' 
Surplus range animals may be disposed of, subject to State and Federal 
health laws and regulations, by donation for specific purposes to public 
agencies, public institutions, other governments or charitable 
institutions, or sold on the open market.

[62 FR 19937, Apr. 24, 1997]



                         Subpart B_Feral Animals



Sec. 30.11  Control of feral animals.

    (a) Feral animals, including horses, burros, cattle, swine, sheep, 
goats, reindeer, dogs, and cats, without ownership that have reverted to 
the wild from a domestic state may be taken by authorized Federal or 
State personnel or by private persons operating under permit in 
accordance with applicable provisions of Federal or State law or 
regulation.
    (b) [Reserved]

[31 FR 16027, Dec. 15, 1966]



Sec. 30.12  Disposition of feral animals.

    Feral animals taken on wildlife refuge areas may be disposed of by 
sale on the open market, gift or loan to public or private institutions 
for specific purposes, and as otherwise provided in section 401 of the 
act of June 15, 1935 (49 Stat. 383, 16 U.S.C. 715s).

[38 FR 16356, June 22, 1973]



PART 31_WILDLIFE SPECIES MANAGEMENT--Table of Contents




                       Subpart A_Surplus Wildlife

Sec.
31.1 Determination of surplus wildlife populations.
31.2 Methods of surplus wildlife population control and disposal.

    Subpart B_Terms and Conditions of Wildlife Reduction and Disposal

31.11 Donation and loan of wildlife specimens.
31.12 Sale of wildlife specimens.
31.13 Commercial harvest of fishery resources.
31.14 Official animal control operations.
31.15 Public hunting and fishing programs.
31.16 Trapping program.
31.17 Disposal of furs and pelts.

    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, 
451, as amended, 1270, sec. 4, 76 Stat. 654; 5 U.S.C. 301, 16 U.S.C. 
685, 725, 690d, 715i, 664, 718(b), 43 U.S.C. 315a, 16 U.S.C. 460k; sec. 
2, 80 Stat. 926; 16 U.S.C. 668bb.

    Source: 31 FR 16027, Dec. 15, 1966, unless otherwise noted.



                       Subpart A_Surplus Wildlife



Sec. 31.1  Determination of surplus wildlife populations.

    The populations and requirements of wildlife species on wildlife 
refuge areas shall be determined by population census, habitat 
evaluation, and other means of ecological study.



Sec. 31.2  Methods of surplus wildlife population control and disposal.

    Upon a determination that wildlife are surplus to a balanced 
conservation

[[Page 226]]

program on any wildlife refuge area, the surplus may be reduced or 
utilized in accordance with Federal and State law and regulation by:
    (a) Donation or loan to public agencies and institutions.
    (b) Sale to public or private agencies and institutions.
    (c) Commercial harvest of fishery resources.
    (d) Official wildlife control operations.
    (e) Public hunting or fishing.
    (f) Trapping.



    Subpart B_Terms and Conditions of Wildlife Reduction and Disposal



Sec. 31.11  Donation and loan of wildlife specimens.

    Wildlife specimens may be donated or loaned to public institutions 
for specific purposes. Donation or loans of resident species of wildlife 
will not be made unless the recipient has secured the approval of the 
State.

[38 FR 16356, June 22, 1973]



Sec. 31.12  Sale of wildlife specimens.

    Surplus wildlife specimens may be sold alive or butchered, dressed 
and processed subject to Federal and State laws and regulations and the 
provisions of this part.



Sec. 31.13  Do we allow commercial harvest of fishery resources?

    Refuge managers may allow commercial harvest of fishery resources by 
issuance of a permit or by refuge-specific regulation in compliance with 
applicable State and Federal laws when compatible and in compliance with 
Sec. 29.1 of this subchapter C.

[69 FR 54362, Sept. 8, 2004]



Sec. 31.14  Official animal control operations.

    (a) Animal species which are surplus or detrimental to the 
management program of a wildlife refuge area may be taken in accordance 
with Federal and State laws and regulations by Federal or State 
personnel or by permit issued to private individuals.
    (b) Animal species which are damaging or destroying Federal property 
within a wildlife refuge area may be taken or destroyed by Federal 
personnel.



Sec. 31.15  Public hunting and fishing programs.

    The privilege of hunting and fishing may be extended to the general 
public under the provisions of regulations cited in parts 32 and 33 of 
this subchapter.



Sec. 31.16  Trapping program.

    Except as hereafter noted, persons trapping animals on wildlife 
refuge areas where trapping has been authorized shall secure and comply 
with the provisions of a Federal permit issued for that purpose. This 
permit shall specify the terms and conditions of trapping activity and 
the rates of charge or division of pelts, hides, and carcasses. Lands 
acquired as ``waterfowl production areas'' shall be open to public 
trapping without Federal permit provided that trapping on all or part of 
individual areas may be temporarily suspended by posting upon occasions 
of unusual or critical conditions affecting land, water, vegetation, or 
wildlife populations. Each person trapping on any wildlife refuge area 
shall possess the required State license or permit and shall comply with 
the provisions of State laws and regulations.

[36 FR 17998, Sept. 8, 1971]



Sec. 31.17  Disposal of furs and pelts.

    The disposition of animals and the pelts or carcasses thereof 
accruing to the United States through the trapping programs shall be 
sold by public auction or on the open market unless required for 
official purposes.



PART 32_HUNTING AND FISHING--Table of Contents




                      Subpart A_General Provisions

Sec.
32.1 Opening of wildlife refuge areas to hunting.
32.2 What are the requirements for hunting on areas of the National 
          Wildlife Refuge System?
32.3 What are the procedures for publication of refuge-specific hunting 
          regulations?
32.4 Opening of wildlife refuge areas to fishing.

[[Page 227]]

32.5 What are the requirements for sportfishing on areas of the National 
          Wildlife Refuge System?
32.6 What are the procedures for publication of refuge-specific sport 
          fishing regulations?
32.7 What refuge units are open to hunting and/or sport fishing?
32.8 Areas closed to hunting.

      Subpart B_Refuge-Specific Regulations for Hunting and Fishing

32.20 Alabama.
32.21 Alaska.
32.22 Arizona.
32.23 Arkansas.
32.24 California.
32.25 Colorado.
32.26 Connecticut.
32.27 Delaware.
32.28 Florida.
32.29 Georgia.
32.30 Hawaii.
32.31 Idaho.
32.32 Illinois.
32.33 Indiana.
32.34 Iowa.
32.35 Kansas.
32.36 Kentucky.
32.37 Louisiana.
32.38 Maine.
32.39 Maryland.
32.40 Massachusetts.
32.41 Michigan.
32.42 Minnesota.
32.43 Mississippi.
32.44 Missouri.
32.45 Montana.
32.46 Nebraska.
32.47 Nevada.
32.48 New Hampshire.
32.49 New Jersey.
32.50 New Mexico.
32.51 New York.
32.52 North Carolina.
32.53 North Dakota.
32.54 Ohio.
32.55 Oklahoma.
32.56 Oregon.
32.57 Pennsylvania.
32.58 Puerto Rico. [Reserved]
32.59 Rhode Island.
32.60 South Carolina.
32.61 South Dakota.
32.62 Tennessee.
32.63 Texas.
32.64 Utah.
32.65 Vermont.
32.66 Virginia.
32.67 Washington.
32.68 West Virginia.
32.69 Wisconsin.
32.70 Wyoming.
32.71 United States Unincorporated Pacific Insular Possessions.
32.72 Guam.

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i.

    Source: 58 FR 5064, Jan. 19, 1993, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 32.1  Opening of wildlife refuge areas to hunting.

    The opening of a wildlife refuge area to hunting will be dependent 
upon the provisions of law applicable to the area and upon a 
determination by the Secretary that the opening of the area to the 
hunting of migratory game birds, upland game, or big game will be 
compatible with the principles of sound wildlife management and will 
otherwise be in the public interest. The opening or closing of wildlife 
refuge areas to hunting shall be in accordance with the rulemaking 
requirements of the Administrative Procedure Act (5 U.S.C. 553). Lands 
acquired pursuant to the Act of May 18, 1948 (62 Stat. 238, 16 U.S.C. 
695) will be opened to hunting only after it has been determined that 
the major portion of the crops in the vicinity of the area involved have 
been harvested, that the period of susceptibility of such crops to 
wildfowl depredation has passed, or that the possibility of these crops 
being damaged by waterfowl is minor. Lands acquired as ``waterfowl 
production areas'' shall annually be open to the hunting of migratory 
game birds, upland game, and big game subject to the provisions of State 
law and regulations and the pertinent provisions of parts 25 through 31 
of this subchapter: Provided, That all forms of hunting or entry on all 
or any part of individual areas may be temporarily suspended by posting 
upon occasions of unusual or critical conditions of, or affecting land, 
water, vegetation, or wildlife populations.



Sec. 32.2  What are the requirements for hunting on areas of the

National Wildlife Refuge System?

    The following provisions shall apply to each person while engaged in 
public hunting on areas of the National Wildlife Refuge System:
    (a) Each person shall secure and possess the required State license.

[[Page 228]]

    (b) Each person 16 years of age and older shall secure and possess a 
Migratory Bird Hunting Stamp while hunting migratory waterfowl.
    (c) Each person shall comply with the applicable provisions of 
Federal law and regulations including this subchapter and the current 
Federal Migratory Bird Regulations.
    (d) Each person shall comply with the applicable provisions of the 
laws and regulations of the State wherein any area is located unless 
further restricted by Federal law or regulation.
    (e) Each person shall comply with the terms and conditions 
authorizing access or use of wildlife refuges, including the terms and 
conditions under which hunting permits are issued.
    (f) Each person must comply with the provisions of any refuge-
specific regulations governing hunting on the wildlife refuge area. 
Regulations, special conditions, and maps of the hunting areas for a 
particular wildlife refuge are available at that area's headquarters. In 
addition, refuge-specific hunting regulations for migratory game bird, 
upland game, and big game hunting appear in Sec. Sec. 32.20 through 
32.72.
    (g) The use of any drug on any arrow for bow hunting on national 
wildlife refuges is prohibited. Archers may not have arrows employing 
such drugs in their possession on any national wildlife refuge.
    (h) The unauthorized distribution of bait and the hunting over bait 
is prohibited on wildlife refuge areas. (Baiting is authorized in 
accordance with State regulations on national wildlife refuges in 
Alaska).
    (i) The use of nails, wire, screws or bolts to attach a stand to a 
tree, or hunting from a tree into which a metal object has been driven 
to support a hunter is prohibited on wildlife refuge areas.
    (j) The use or possession of alcoholic beverages while hunting is 
prohibited.
    (k) You may possess only approved nontoxic shot while in the field, 
which we identify in 50 CFR 20.21(j), while on Waterfowl Production 
Areas, or on certain other areas of the National Wildlife Refuge System 
as delineated on maps, leaflets and/or signs, available at each refuge 
headquarters or posted at each refuge, or as stated in refuge-specific 
regulations. Where we allow turkey and deer hunting, you may use slugs 
and shot containing lead to hunt these species unless prohibited by 
refuge-specific regulations and/or State law.
    (l) The refuge-specific regulations (Sec. 32.20 through Sec. 
32.72) may include the items discussed in Sec. 32.3(b). Refuge permits 
and brochures should also include those items and any special conditions 
allowed by paragraph (f) of this section.

[58 FR 5064, Jan. 19, 1993, as amended at 63 FR 46914, Sept. 3, 1998; 65 
FR 30777, May 12, 2000; 67 FR 58943, Sept. 18, 2002]



Sec. 32.3  What are the procedures for publication of refuge-specific

hunting regulations?

    (a) Refuge-specific hunting regulations are issued only at the time 
of or after the determination and publication of the opening of a 
wildlife refuge area to migratory game bird, upland game or big game 
hunting.
    (b) Refuge-specific hunting regulations may contain the following 
items:
    (1) Wildlife species that may be hunted;
    (2) Seasons;
    (3) Bag limits;
    (4) Methods of hunting;
    (5) Description of areas open to hunting; or
    (6) Other provisions as required.
    (c) Refuge-specific hunting regulations will not liberalize existing 
State laws or regulations.
    (d) Refuge-specific hunting regulations are subject to change and 
the public is invited to submit suggestions and comments for 
consideration at any time.
    (e) We initially publish refuge-specific hunting regulations in the 
daily issue of the Federal Register, and subsequently they appear in 
Sec. Sec. 32.20 through 32.72, except that the refuge manager may adopt 
and issue relevant refuge-specific season dates and times after the 
State establishes its hunting seasons by publication through one or more 
of the methods identified in Sec. 25.31 of this subchapter C.
    (f) Refuge-specific hunting regulations may be amended or new 
conditions imposed at any time during the hunting season when 
unpredictable

[[Page 229]]

changes occur in wildlife populations, habitat conditions or in other 
factors affecting a refuge's wildlife resources. Changes in refuge-
specific hunting regulations made under the conditions noted in this 
paragraph (f) can be in force only for the one season to which the 
changes apply.

[58 FR 5064, Jan. 19, 1993, as amended at 67 FR 58943, Sept. 18, 2002]



Sec. 32.4  Opening of wildlife refuge areas to fishing.

    Wildlife refuge areas may be opened to sport fishing only after a 
determination is made that this activity is compatible with the purposes 
for which the refuge was established. In addition, the sport fishing 
program must be consistent with principles of sound fishery management 
and otherwise be in the public interest. The opening or closing of 
wildlife refuge areas to fishing is subject to the rulemaking 
requirements of the Administrative Procedure Act (5 U.S.C. 551 et seq.). 
Lands acquired as ``waterfowl production areas'' are open to sport 
fishing subject to the provisions of State laws and regulations and the 
pertinent provisions of parts 25 through 31 of this subchapter: 
Provided, that fishing or entry on all or any part of individual areas 
may be temporarily suspended by posting upon occasions of unusual or 
critical conditions of, or affecting, land, water, vegetation or fish 
and wildlife populations.



Sec. 32.5  What are the requirements for sportfishing on areas of

the National Wildlife Refuge System?

    The following provisions shall apply to each person while engaged in 
public sport fishing on a wildlife refuge area:
    (a) Each person shall secure and possess the required State license.
    (b) Each person shall comply with the applicable provisions of 
Federal law and regulation including this subchapter.
    (c) Each person shall comply with the applicable provisions of the 
laws and regulations of the State wherein any area is located unless the 
same are further restricted by Federal law or regulation.
    (d) Each person shall comply with the terms and conditions 
authorizing access and use of the wildlife refuge area.
    (e) Each person must comply with the provisions of any refuge-
specific regulation governing fishing on the wildlife refuge area. 
Regulations, special conditions, and maps of the fishing areas for a 
particular wildlife refuge are available at that area's headquarters. In 
addition, refuge-specific sport fishing regulations appear in Sec. Sec. 
32.20 through 32.72.

[58 FR 5064, Jan. 19, 1993, as amended at 67 FR 58943, Sept. 18, 2002]



Sec. 32.6  What are the procedures for publication of refuge-specific

sport fishing regulations?

    (a) Refuge-specific fishing regulations are issued only at the time 
of or after the opening of a wildlife refuge area to sport fishing.
    (b) Refuge-specific fishing regulations may contain the following 
items:
    (1) Fish species that may be taken;
    (2) Seasons;
    (3) Creel limits;
    (4) Methods of fishing;
    (5) Description of areas open to fishing; or
    (6) Other provisions as required.
    (c) Refuge-specific fishing regulations will not liberalize existing 
State laws or regulations.
    (d) Refuge-specific fishing regulations are subject to change and 
the public is invited to submit suggestions and comments for 
consideration at any time.
    (e) We initially publish refuge-specific sport fishing regulations 
in the daily issue of the Federal Register, and subsequently they appear 
in Sec. Sec. 32.20 through 32.72.
    (f) Refuge-specific fishing regulations may be amended as needed 
when unpredictable changes occur in fish and wildlife populations, 
habitat conditions or in other factors affecting a refuge's fish and 
wildlife resources.

[58 FR 5064, Jan. 19, 1993, as amended at 67 FR 58943, Sept. 18, 2002]



Sec. 32.7  What refuge units are open to hunting and/or sport fishing?

    Refuge units open to hunting and/or sport fishing in accordance with 
the provisions of subpart A of this part and Sec. Sec. 32.20-32.72, 
inclusive, are as follows:

[[Page 230]]

                                 Alabama

Bon Secour National Wildlife Refuge
Cahaba River National Wildlife Refuge
Choctaw National Wildlife Refuge
Eufaula National Wildlife Refuge
Grand Bay National Wildlife Refuge
Key Cave National Wildlife Refuge
Mountain Lonleaf National Wildlife Refuge
Sauta Cave National Wildlife Refuge
Wheeler National Wildlife Refuge

                                 Alaska

Alaska Maritime National Wildlife Refuge
Alaska Peninsula National Wildlife Refuge
Arctic National Wildlife Refuge
Becharof National Wildlife Refuge
Innoko National Wildlife Refuge
Izembek National Wildlife Refuge
Kanuti National Wildlife Refuge
Kenai National Wildlife Refuge
Kodiak National Wildlife Refuge
Koyukuk National Wildlife Refuge
Nowitna National Wildlife Refuge
Salawik National Wildlife Refuge
Tetlin National Wildlife Refuge
Togiak National Wildlife Refuge
Yukon Delta National Wildlife Refuge
Yukon Flats National Wildlife Refuge

                                 Arizona

Bill Williams River National Wildlife Refuge
Buenos Aires National Wildlife Refuge
Cabeza Prieta National Wildlife Refuge
Cibola National Wildlife Refuge
Havasu National Wildlife Refuge
Imperial National Wildlife Refuge
Kofa National Wildlife Refuge
San Bernardino National Wildlife Refuge

                                Arkansas

Bald Knob National Wildlife Refuge
Big Lake National Wildlife Refuge
Cache River National Wildlife Refuge
Felsenthal National Wildlife Refuge
Holla Bend National Wildlife Refuge
Overflow National Wildlife Refuge
Pond Creek National Wildlife Refuge
Wapanocca National Wildlife Refuge
White River National Wildlife Refuge

                               California

Cibola National Wildlife Refuge
Clear Lake National Wildlife Refuge
Colusa National Wildlife Refuge
Delevan National Wildlife Refuge
Don Edwards San Francisco Bay National Wildlife Refuge
Havasu National Wildlife Refuge
Humboldt Bay National Wildlife Refuge
Imperial National Wildlife Refuge
Kern National Wildlife Refuge
Lower Klamath National Wildlife Refuge
Merced National Wildlife Refuge
Modoc National Wildlife Refuge
Sacramento National Wildlife Refuge
Sacramento River National Wildlife Refuge
Salinas River National Wildlife Refuge
San Luis National Wildlife Refuge
San Pablo National Wildlife Refuge
Sonny Bono Salton Sea National Wildlife Refuge
Stone Lakes National Wildlife Refuge
Sutter National Wildlife Refuge
Tule Lake National Wildlife Refuge

                                Colorado

Alamosa National Wildlife Refuge
Arapaho National Wildlife Refuge
Browns Park National Wildlife Refuge
Monte Vista National Wildlife Refuge
Rocky Mountain Arsenal

                               Connecticut

Stewart B. McKinney National Wildlife Refuge

                                Delaware

Bombay Hook National Wildlife Refuge
Prime Hook National Wildlife Refuge

                                 Florida

Arthur R. Marshall Loxahatchee National Wildlife Refuge
Cedar Keys National Wildlife Refuge
Chassahowitzka National Wildlife Refuge
Egmont Key National Wildlife Refuge
Hobe Sound National Wildlife Refuge
J.N. ``Ding'' Darling National Wildlife Refuge
Lake Woodruff National Wildlife Refuge
Lower Suwannee National Wildlife Refuge
Merrit Island National Wildlife Refuge
Pelican Island National Wildlife Refuge
Pinellas National Wildlife Refuge
St. Marks National Wildlife Refuge
St. Vincent National Wildlife Refuge
Ten Thousand Islands National Wildlife Refuge

                                 Georgia

Banks Lake National Wildlife Refuge
Blackbeard Island National Wildlife Refuge
Bond Swamp National Wildlife Refuge
Eufaula National Wildlife Refuge
Harris Neck National Wildlife Refuge
Okefenokee National Wildlife Refuge
Piedmont National Wildlife Refuge
Savannah National Wildlife Refuge
Wassaw National Wildlife Refuge
Wolf Island National Wildlife Refuge

                                  Guam

Guam National Wildlife Refuge

                                 Hawaii

Hakalau Forest National Wildlife Refuge
Hanalei National Wildlife Refuge
Kakahaia National Wildlife Refuge
Kilauea Point National Wildlife Refuge

[[Page 231]]

                                  Idaho

Bear Lake National Wildlife Refuge
Camas National Wildlife Refuge
Deer Flat National Wildlife Refuge
Grays Lake National Wildlife Refuge
Kootenai National Wildlife Refuge
Minidoka National Wildlife Refuge

                                Illinois

Chautauqua National Wildlife Refuge
Crab Orchard National Wildlife Refuge
Cypress Creek National Wildlife Refuge
Emiquon National Wildlife Refuge
Great River National Wildlife Refuge
Meredosia National Wildlife Refuge
Middle Mississippi River National Wildlife Refuge
Port Louisa National Wildlife Refuge
Two Rivers Naional Wildlife Refuge
Upper Mississippi River Wildlife and Fish Refuge

                                 Indiana

Big Oaks National Wildlife Refuge
Muscatatuck National Wildlife Refuge
Patoka River National Wildlife Refuge and Management Area

                                  Iowa

De Soto National Wildlife Refuge
Driftless Area National Wildlife Refuge
Neal Smith National Wildlife Refuge
Northern Tallgrass Prairie National Wildlife Refuge
Port Louisa National Wildlife Refuge
Union Slough National Wildlife Refuge
Upper Mississippi River Wild Life and Fish Refuge

                                 Kansas

Flint Hills National Wildlife Refuge
Kirwin National Wildlife Refuge
Marais des Cygnes Natinal Wildlife Refuge
Quivira National Wildlife Refuge

                                Kentucky

Clarks River National Wildlife Refuge
Ohio River Islands National Wildlife Refuge
Reelfoot National Wildlife Refuge

                                Louisiana

Atchafalaya National Wildlife Refuge
Bayou Cocodrie National Wildlife Refuge
Bayou Sauvage National Wildlife Refuge
Bayou Teche National Wildlife Refuge
Big Branch Marsh National Wildlife Refuge
Black Bayou Lake National Wildlife Refuge
Bogue Chitto National Wildlife Refuge
Breton National Wildlife Refuge
Cameron Prairie National Wildlife Refuge
Cat Island National Wildlife Refuge
Catahoula National Wildlife Refuge
D'Arbonne National Wildlife Refuge
Delta National Wildlife Refuge
Grand Cote National Wildlife Refuge
Lacassine National Wildlife Refuge
Lake Ophelia National Wildlife Refuge
Mandalay National Wildlife Refuge
Red River National Wildlife Refuge
Sabine National Wildlife Refuge
Tensas River National Wildlife Refuge
Upper Ouachita National Wildlife Refuge

                                  Maine

Lake Umbagog National Wildlife Refuge
Moosehorn National Wildlife Refuge
Petit Manan National Wildlife Refuge
Rachel Carson National Wildlife Refuge
Sunkhaze Meadows National Wildlife Refuge

                                Maryland

Blackwater National Wildlife Refuge
Eastern Neck National Wildlife Refuge
Patuxent Research Refuge

                              Massachusetts

 Assabet River National Wildlife Refuge
Great Meadows National Wildlife Refuge
Monomoy National Wildlife Refuge
Nantucket National Wildlife Refuge
Oxbow National Wildlife Refuge
Parker River National Wildlife Refuge

                                Michigan

Harbor Island National Wildlife Refuge
Kirtland's Warbler Wildlife Management Area
Seney National Wildlife Refuge
Shiawassee National Wildlife Refuge

                                Minnesota

Agassiz National Wildlife Refuge
Big Stone National Wildlife Refuge
Big Stone Wetland Management District
Detroit Lakes Wetland Management District
Fergus Falls Wetland Management District
Glacial Ridge National Wildlife Refuge
Litchfield Wetland Management District
Minnesota Valley National Wildlife Refuge
Minnesota Valley Wetland Management
Morris Wetland Management District
Northern Tallgrass Prairie National Wildlife Refuge
Rice Lake National Wildlife Refuge
Rydell National Wildlife Refuge
Sherburne National Wildlife Refuge
Tamarac National Wildlife Refuge
Upper Mississippi River Wild Life and Fish Refuge
Windom Wetland Management District

                               Mississippi

Bogue Chitto National Wildlife Refuge
Coldwater National Wildlife Refuge
Dahomey National Wildlife Refuge
Grand Bay National Wildlife Refuge
Hillside National Wildlife Refuge
Mathews Brake National Wildlife Refuge
Morgan Brake National Wildlife Refuge
Noxubee National Wildlife Refuge

[[Page 232]]

Panther Swamp National Wildlife Refuge
St. Catherine Creek National Wildlife Refuge
Tallahatchie National Wildlife Refuge
Yazoo National Wildlife Refuge

                                Missouri

Big Muddy National Wildlife Refuge
Clarence Cannon National Wildlife Refuge
Great River National Wildlife Refuge
Middle Mississippi River National Wildlife Refuge
Mingo National Wildlife Refuge
Squaw Creek National Wildlife Refuge
Swan Lake National Wildlife Refuge
Two Rivers National Wildlife Refuge

                                 Montana

Benton Lake National Wildlife Refuge
Black Coulee National Wildlife Refuge
Bowdoin National Wildlife Refuge
Charles M. Russell National Wildlife Refuge
Creedman Coulee National Wildlife Refuge
Hailstone National Wildlife Refuge
Halfbreed Lake National Wildlife Refuge
Hewitt Lake National Wildlife Refuge
Lake Mason National Wildlife Refuge
Lake Thibadeau National Wildlife Refuge
Lamesteer National Wildlife Refuge
Lee Metcalf National Wildlife Refuge
Lost Trail National Wildlife Refuge
Medicine Lake National Wildlife Refuge
National Bison National Wildlife Refuge
Nine-Pipe National Wildlife Refuge
Pablo National Wildlife Refuge
Red Rock Lakes National Wildlife Refuge
Swan River National Wildlife Refuge
UL Bend National Wildlife Refuge
War Horse National Wildlife Refuge

                                Nebraska

Boyer Chute National Wildlife Refuge
Crescent Lake National Wildlife Refuge
De Soto National Wildlife Refuge
Fort Niobrara National Wildlife Refuge
North Platte National Wildlife Refuge
Valentine National Wildlife Refuge

                                 Nevada

Ash Meadows National Wildlife Refuge
Desert National Wildlife Refuge
Pahranagat National Wildlife Refuge
Ruby Lake National Wildlife Refuge
Sheldon National Wildlife Refuge
Stillwater Management Area
Stillwater National Wildlife Refuge

                              New Hampshire

Great Bay National Wildlife Refuge
Silvio O. Conte National Wildlife Refuge

                               New Jersey

Cape May National Wildlife Refuge
Edwin B. Forsythe National Wildlife Refuge
Great Swamp National Wildlife Refuge
Supawna Meadows National Wildlife Refuge
Wallkill River National Wildlife Refuge

                               New Mexico

Bitter Lake National Wildlife Refuge
Bosque del Apache National Wildlife Refuge
Las Vegas National Wildlife Refuge
Maxwell National Wildlife Refuge
San Andres National Wildlife Refuge
Sevilleta National Wildlife Refuge

                                New York

Amagansett National Wildlife Refuge
Elizabeth A. Morton National Wildlife Refuge
Iroquois National Wildlife Refuge
Montezuma National Wildlife Refuge
Oyster Bay National Wildlife Refuge
Seatuck National Wildlife Refuge
Target Rock National Wildlife Refuge
Wertheim National Wildlife Refuge

                             North Carolina

Alligator River National Wildlife Refuge
Currituck National Wildlife Refuge
Cedar Island National Wildlife Refuge
Great Dismal Swamp National Wildlife Refuge
Mackay Island National Wildlife Refuge
Mattamuskeet National Wildlife Refuge
Pea Island National Wildlife Refuge
Pee Dee National Wildlife Refuge
Pocosin Lakes National Wildlife Refuge
Roanoke River National Wildlife Refuge
Swanquarter National Wildlife Refuge

                              North Dakota

Arrowwood National Wildlife Refuge
Arrowwood Wetland Management District
Audubon National Wildlife Refuge
Audubon Wetland Management District
Chase Lake National Wildlife Refuge
Chase Lake Wetland Management District
Crosby Wetland Management District
Des Lacs National Wildlife Refuge
Devils Lake Wetland Management District
J. Clark Salyer National Wildlife Refuge
J. Clark Salyer Wetland Management District
Kulm Wetland Management District
Lake Alice National Wildlife Refuge
Lake Ilo National Wildlife Refuge
Lake Nettie National Wildlife Refuge
Lake Zahl National Wildlife Refuge
Long Lake National Wildlife Refuge
Long Lake Wetland Management District
Lostwood National Wildlife Refuge
Lostwood Wetland Management District
Rock Lake National Wildlife Refuge
Sibley Lake National Wildlife Refuge
Slade National Wildlife Refuge
Stewart Lake National Wildlife Refuge
Tewaukon National Wildlife Refuge
Tewaukon Wetland Management District
Upper Souris National Wildlife Refuge
Valley City Wetland Management District

[[Page 233]]

                                  Ohio

Cedar Point National Wildlife Refuge
Ottawa National Wildlife Refuge

                                Oklahoma

Deep Fork National Wildlife Refuge
Little River National Wildlife Refuge
Optima National Wildlife Refuge
Salt Plains National Wildlife Refuge
Sequoyah National Wildlife Refuge
Tishomingo National Wildlife Refuge
Washita National Wildlife Refuge
Wichita Mountains National Wildlife Refuge

                                 Oregon

Bandon Marsh National Wildlife Refuge
Bear Valley National Wildlife Refuge
Cold Springs National Wildlife Refuge
Deer Flat National Wildlife Refuge
Hart Mountain National Antelope Refuge
Julia Butler Hansen Refuge for the Columbian White-Tailed Deer
Klamath Marsh National Wildlife Refuge
Lewis and Clark National Wildlife Refuge
Lower Klamath National Wildlife Refuge
Malheur National Wildlife Refuge
McKay Creek National Wildlife Refuge
McNary National Wildlife Refuge
Sheldon National Wildlife Refuge
Umatilla National Wildlife Refuge
Upper Klamath National Wildlife Refuge
William L. Finley National Wildlife Refuge

                              Pennsylvania

Erie National Wildlife Refuge
John Heinz National Wildlife Refuge at Tinicum
Ohio River Islands National Wildlife Refuge

                               Puerto Rico

[Reserved]

                              Rhode Island

Block Island National Wildlife Refuge
Ninigret National Wildlife Refuge
Pettaquamscutt Cove National Wildlife Refuge
Sachuest Point National Wildlife Refuge
Trustom Pond National Wildlife Refuge

                             South Carolina

ACE Basin National Wildlife Refuge
Cape Romain National Wildlife Refuge
Carolina Sandhills National Wildlife Refuge
Pinckney Island National Wildlife Refuge
Santee National Wildlife Refuge
Savannah National Wildlife Refuge
Waccamaw National Wildlife Refuge

                              South Dakota

Devils Lake Wetland Management District
Huron Wetland Management District
Lacreek National Wildlife Refuge
Lake Andes Wetland Management District
Madison Wetland Management District
Pocasse National Wildlife Refuge
Sand Lake National Wildlife Refuge
Sand Lake Wetland Management District
Waubay National Wildlife Refuge
Waubay Wetland Management District

                                Tennessee

Chickasaw National Wildlife Refuge
Cross Creeks National Wildlife Refuge
Hatchie National Wildlife Refuge
Lake Isom National Wildlife Refuge
Lower Hatchie National Wildlife Refuge
Reelfoot National Wildlife Refuge
Tennessee National Wildlife Refuge

                                  Texas

Anahuac National Wildlife Refuge
Aransas National Wildlife Refuge
Balcones Canyonlands National Wildlife Refuge
Big Boggy National Wildlife Refuge
Brazoria National Wildlife Refuge
Buffalo Lake National Wildlife Refuge
Hagerman National Wildlife Refuge
Laguna Atascosa National Wildlife Refuge
Lower Rio Grande Valley National Wildlife Refuge
McFaddin National Wildlife Refuge
San Bernard National Wildlife Refuge
Texas Point National Wildlife Refuge
Trinity River National Wildlife Refuge

                                  Utah

Bear River National Wildlife Refuge
Fish Springs National Wildlife Refuge
Ouray National Wildlife Refuge

                                 Vermont

Missisquoi National Wildlife Refuge

                                Virginia

Back Bay National Wildlife Refuge
Chinocteague National Wildlife Refuge
Eastern Shore of Virginia National Wildlife Refuge
Great Dismal Swamp National Wildlife Refuge
James River National Wildilfe Refuge
Mackay Island National Wildlife Refuge
Mason Neck National Wildlife Refuge
Occoquan Bay National Wildlife Refuge
Plum Tree Island National Wildlife Refuge
Presquile National Wildlife Refuge
Rappahannock River Valley National Wildlife Refuge
Wallops Island National Wildlife Refuge

                               Washington

Columbia National Wildlife Refuge
Conboy Lake National Wildlife Refuge
Dungeness National Wildlife Refuge
Hanford Reach National Monument/Saddle Mountain National Wildlife Refuge
Julia Butler Hansen Refuge for the Columbian White-tailed Deer

[[Page 234]]

Little Pend Oreille National Wildlife Refuge
McNary National Wildlife Refuge
Nisqually National Wildlife Refuge
Ridgefield National Wildlife Refuge
Toppenish National Wildlife Refuge
Umatilla National Wildlife Refuge
Willapa National Wildlife Refuge

                              West Virginia

Canaan Valley National Wildlife Refuge
Ohio River Islands National Wildlife Refuge

                                Wisconsin

Fox River National Wildlife Refuge
Horicon National Wildlife Refuge
Leopold Wetland Management District
Necedah National Wildlife Refuge
St. Croix Wetland Management District
Trempealeau National Wildlife Refuge
Upper Mississippi River National Wildlife and Fish Refuge
Whittlesey Creek National Wildlife Refuge

                                 Wyoming

National Elk Refuge
Pathfinder National Wildlife Refuge
Seedskadee National Wildlife Refuge

        United States Unincorporated Pacific Insular Possessions

Johnston Island National Wildlife Refuge
Midway Atoll National Wildlife Refuge

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 58 
FR 29084, May 18, 1993; 59 FR 6685, 6688, Feb. 11, 1994; 59 FR 55183, 
55191, 55196, Nov. 3, 1994; 60 FR 5277, Jan. 26, 1995; 60 FR 52868, Oct. 
11, 1995; 60 FR 61212, Nov. 29, 1995; 60 FR 62040, Dec. 4, 1995; 61 FR 
31461, 31463, June 20, 1996; 61 FR 45366, Aug. 29, 1996; 61 FR 46393, 
Sept. 3, 1996; 62 FR 47375, Sept. 9, 1997; 63 FR 46914, Sept. 3, 1998; 
65 FR 30777, May 12, 2000; 65 FR 56400, Sept. 18, 2000; 66 FR 46353, 
Sept. 4, 2001; 67 FR 58943, Sept. 18, 2002; 68 FR 57315, Oct. 2, 2003; 
69 FR 54362, Sept. 8, 2004; 70 FR 54158, Sept. 13, 2005]



Sec. 32.8  Areas closed to hunting.

------------------------------------------------------------------------
  Proclamations and                     Land and waters
        orders                          within boundary
----------------------      State      and adjacent to,      Citation
                                           or in the
 No.        Date                         vicinity of--
------------------------------------------------------------------------
       Nov. 20, 1959.  Alabama.......  Wheeler National  24 FR 9513.
                                        Wildlife Refuge.
       Oct. 15, 1960.  .......do.....  .......do.......  25 FR 9899.
       Nov. 3, 1970..  .......do.....  Eufaula National  35 FR 16935.
                                        Wildlife Refuge.
 2325  Mar. 21, 1939.  Arkansas......  Big Lake          3 CFR Cum.
                                        National          Supp. 4 FR
                                        Wildlife Refuge.  1309.
       Oct. 24, 1958.  .......do.....  Holla Bend        23 FR 8429.
                                        National
                                        Wildlife Refuge.
 2274  Mar. 15, 1938.  .......do.....  White River       3 FR 591.
                                        National
                                        Wildlife Refuge.
       July 13, 1963.  Delaware......  Bombay Hook       28 FR 6228.
                                        National
                                        Wildlife Refuge.
       Oct. 22, 1953.  Florida.......  St. Marks         18 FR 7837.
                                        National
                                        Wildlife Refuge.
       Oct. 20, 1960.  .......do.....  .......do.......  25 FR 10030.
 2758  Dec. 2, 1947..  .......do.....  ``Ding'' Darling  3 CFR 1947
                                        National          Supp.; 12 FR
                                        Wildlife Refuge.  8039.
 2239  Apr. 10, 1939.  Georgia.......  Savannah          3 CFR Cum.
                                        National          Supp.; 4 FR
                                        Wildlife Refuge.  1595.
       Nov. 3, 1970..  .......do.....  Eufaula Wildlife  35 FR 16935.
                                        Refuge.
       Nov. 3, 1970..  .......do.....  Wassaw National   35 FR 16936.
                                        Wildlife Refuge.
 2748  Oct. 1, 1947..  Illinois......  Honshoe Lake,     3 CFR, 1947
                                        Alexander         Supp. 12 FR
                                        County.           6521.
       Sept. 9, 1953.  .......do.....  .......do.......  18 FR 5495.
 2748  Oct. 2, 1958..  Iowa..........  Upper             3 CFR, 1958
                                        Mississippi       Supp.; 23 FR
                                        River Wild Life   7825.
                                        and Fish Refuge.
 2322  Feb. 7, 1939..  Louisiana.....  Lacassine         3 CFR, Cum.
                                        National          Suppl. 4 FR
                                        Wildlife Refuge.  611.
       Nov. 19, 1982.  .......do.....  Delta National    47 FR 52183.
                                        Wildlife Refuge.
       Dec. 2, 1969..  .......do.....  Lacassine         34 FR 19077.
                                        National
                                        Wildlife Refuge.
       Aug. 13, 1960.  Maryland......  Martin National   25 FR 7741.
                                        Wildlife Refuge.
 2617  Oct. 18, 1948.  Massachusetts.  Parker River      3 CFR, 1948
                                        National          Supp. 13 FR
                                        Wildlife Refuge.  6115.
       Oct. 2, 1958..  Minnesota.....  Upper             3 CFR, 1958
                                        Mississippi       Supp. 23 FR
                                        River Wild Life   7825.
                                        and Fish Refuge.
 2200  Oct. 7, 1936..  Montana.......  Red Rock Lakes    1 FR 1554.
                                        National
                                        Wildlife Refuge.
       Aug. 30, 1976.  .......do.....  Charles M.        41 FR 31539.
                                        Russell
                                        National
                                        Wildlife Refuge.
 2284  May 9, 1939...  North Carolina  Pea Island        3 FR 912.
                                        National
                                        Wildlife Refuge.
 2129  July 18, 1935.  .......do.....  Swanquarter       49 Stat. 3450.
                                        National
                                        Wildlife Refuge.
       Aug. 21, 1963.  .......do.....  Mackay Island     28 FR 9209.
                                        National
                                        Wildlife Refuge.
       Sept. 22, 1967  .......do.....  Pee Dee National  32 FR 13384. 33
                                        Wildlife Refuge.  FR 749, Jan.
                                                          20, 1968.
       Sept. 27, 1964  .......do.....  .......do.......  49 FR 38141.
 2000  June 6, 1932..  South Carolina  Cape Romanain     47 Stat. 2513.
                                        National
                                        Wildlife Refuge.
 2329  Apr. 10, 1939.  .......do.....  Savannah          3 CFR, Cum.
                                        National          Supp.; 4 FR
                                        Wildlife Refuge.  1595.
       Sept. 13, 1968  .......do.....  Cape Romain       33 FR 12964.
                                        National
                                        Wildlife Refuge.
       Oct. 8, 1963..  Tennessee.....  Cross Creeks      28 FR 10782.
                                        National
                                        Wildlife Refuge.
       Aug. 23, 1956.  Texas.........  Aransas National  21 FR 6513.
                                        Wildlife
                                        Regudge.

[[Page 235]]

 
 2370  Oct. 16, 1939.  Virginia......  Back Bay          3 CFR, Cum.
                                        National          Supp. 4 FR
                                        Wildlife Refuge.  4285.
       Aug. 13, 1954.  .......do.....  Presquile         19 FR 5290.
                                        National
                                        Wildlife Refuge.
       Jan. 5, 1962..  .......do.....  Back Bay          27 FR 104; 27
                                        National          FR 858.
                                        Wildlife Refuge.
       Aug. 21, 1963.  .......do.....  Mackay Island     28 FR 9209.
                                        National
                                        Wildlife Refuge.
       Oct. 9, 1969..  .......do.....  Mason Neck        34 FR 15653.
                                        National
                                        Wildlife Refuge.
 2439  Nov. 7, 1940..  Washington....  Willapa National  3 CFR, Cum.
                                        Wildlife Refuge.  Supp.; 5 FR
                                                          4443.
       Oct. 2, 1958..  Wisconsin.....  Upper             3 CFR, 1958
                                        Mississippi       Supp.; 23 FR
                                        River Wild Life   7825.
                                        and Fish Refuge.
------------------------------------------------------------------------


[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 42880, Aug. 12, 1993]



      Subpart B_Refuge-Specific Regulations for Hunting and Fishing



Sec. 32.20  Alabama.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Bon Secour National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted only from sunrise to sunset.
    2. Only nonmotorized boats and boats with electric motors are 
permitted on Gator and Little Gator Lakes.

                  Cahaba River National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
opossum, raccoon, coyote, and bobcat on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed hunt permit when hunting.
    2. We prohibit hunting within 100 yards (90 m) of River Road.
    3. We prohibit ATVs, mules, and horses on the refuge.
    4. We allow the use of dogs to hunt upland game, but the dogs must 
be under the immediate control of the handler at all times and not 
allowed to run free (see Sec. 26.21(b) of this chapter).
    5. We allow shotguns with 4 shot or smaller, rifles firing 
.22 caliber rimfire ammunition, or archery equipment.
    C. Big Game Hunting. We allow the hunting of white-tailed deer, 
feral hog, and wild turkey on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You must possess and carry a signed hunt permit when hunting.
    2. We only allow the use of archery equipment during white-tailed 
deer season.
    3. We prohibit marking trees and the use of flagging tape, 
reflective tacks, and other similar marking devices.
    4. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 27.51 of this chapter). Hunters must 
remove stands from trees after each day's hunt (see Sec. Sec. 27.93 and 
27.94 of this chapter).
    5. We require tree stand users to use a safety belt or harness.
    6. We prohibit the use of dogs for hunting or pursuit of big game.
    7. Conditions B2 and B3 apply.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We prohibit the taking of frog or turtle (see Sec. 27.21 of this 
chapter).
    2. Condition B3 applies.

                    Choctaw National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We prohibit hunting within 100 yards (90 m) of the fenced-in Work 
Center Area or the refuge boat ramp.
    2. Access to the Middle Swamp is by boat only. We prohibit access to 
the refuge from private land.
    3. We prohibit marking trees and use of flagging tape, reflective 
tacks, and other similar marking devices.
    4. You may take incidental species as listed in the refuge hunt 
permit during any fall hunt with those weapons legal during those hunts.
    5. You must possess and carry a signed refuge hunt permit when 
hunting.
    6. All youth hunters age 15 and younger must remain within sight and 
normal voice

[[Page 236]]

contact of an adult age 21 or older, possessing a license. Youth hunters 
must have passed a State-approved hunter education course. One adult may 
supervise no more than two youth hunters.
    7. We prohibit overnight mooring or storage of boats.
    8. We require hunters to check all harvested game at the conclusion 
of each day at one of the refuge check-out stations.
    9. You may only use approved nontoxic shot (see Sec. 32.2(k)) 
4 or smaller, .22 caliber rimfire, or legal archery equipment.
    10. We allow you to use dogs during the hunt, but the dogs must be 
under the immediate control of the handler at all times and not allowed 
to roam free (see Sec. 26.21(b) of this chapter). We prohibit dogs in 
the Middle Swamp area of the refuge.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog in accordance with State regulations subject to the following 
conditions:
    1. Conditions B1 through B8 apply.
    2. We require tree stand users to use a safety belt or harness.
    3. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from trees each day (see Sec. 27.93 of this chapter).
    4. During the spring muzzleloader hunt for feral hog, muzzleloaders 
must be .40 caliber or larger without scopes. We require hunters to wear 
hunter orange in accordance with State big game regulations except you 
must also wear hunter orange while on tree stands.
    5. We prohibit participation in organized drives.
    6. We prohibit mules and horses on all refuge hunts.
    7. We prohibit hunting by aid or distribution of any feed, salt, or 
other mineral at any time.
    D. Sport Fishing. We allow fishing in designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing year-round, except in the waterfowl sanctuary, 
which we close from December 1 through March 1.
    2. With the exception of the refuge boat ramp, we limit access from 
\1/2\ hour before legal sunrise to \1/2\ hour after legal sunset.
    3. You may use a rod and reel and pole and line. We prohibit all 
other methods of fishing.
    4. We prohibit the taking of frogs or turtles (see Sec. 27.21 of 
this chapter).
    5. We prohibit bow fishing.
    6. We prohibit the use of airboats, hovercraft, and inboard 
waterthrust boats such as, but not limited to, personal watercraft, 
watercycles, and waterbikes on all waters of the refuge.
    7. We allow commercial fishing with the use of nets, seines, boxes, 
and baskets only by Special Use Permit.
    8. We prohibit mooring or storing of boats from \1/2\ hour after 
legal sunset to \1/2\ hour before legal sunrise.

                    Eufaula National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
Eurasian-collared dove, duck, and goose on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. We allow dove hunting on selected areas and days during the State 
dove season. You may only possess approved nontoxic shotshells (see 
Sec. 32.2(k)).
    3. We allow goose and duck hunting in the Kennedy and Bradley Units 
on selected days until 12 p.m. (noon) during State waterfowl seasons. We 
close all other areas within the refuge to waterfowl hunting.
    4. You may only possess approved nontoxic shotshells while in the 
field (see Sec. 32.2(k)) in quantities of 25 or less when hunting duck 
or goose.
    5. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must possess and carry verification of passing a State-
approved hunter education course. One adult may supervise no more than 
two youth hunters.
    B. Upland Game Hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1 and A5 apply.
    2. We allow squirrel and rabbit hunting on selected areas and days 
during the State season.
    3. We prohibit dogs (see Sec. 26.21(b) of this chapter).
    4. We allow only shotguns.
    5. We prohibit mooring or storing of boats from 2 hours after legal 
sunset to \1/2\ hour before legal sunrise.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and B5 apply.
    2. We allow both archery deer and feral hog hunting during State 
archery and gun seasons.
    3. We close the portion of the refuge between Bustahatchee and Rood 
Creeks to archery hunting until November 1.
    4. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
We allow youth gun deer hunting (ages 10-16) within the Bradley Unit

[[Page 237]]

on weekends during October where youth age 16 or under must be 
supervised by an adult. Youth hunters must have passed a State-approved 
hunter education course. One adult may supervise no more than one youth 
hunter.
    5. We close the portion of the refuge around the Upland Impoundment, 
also designated by signs reading ``Closed Seasonally November 15-
February 28,'' to hunting after November 15.
    6. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from the trees each day (see Sec. 27.93 of this chapter).
    7. We allow access to the refuge for all hunts from 1\1/2\ hours 
before legal sunrise to 1\1/2\ hours after legal sunset.
    8. We prohibit hunting by aid or distribution of any feed, salt, or 
other mineral at any time (see Sec. 32.2(h)).
    9. We prohibit participation in organized drives.
    10. We prohibit mules and horses on all refuge hunts.
    11. We require tree stand users to use a safety belt or harness.
    D. Sport Fishing. We allow fishing in designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing, including bowfishing, from legal sunrise to 
legal sunset only in refuge waters other than Lake Eufaula.
    2. We prohibit taking frog or turtle (see Sec. 27.21 of this 
chapter) from refuge waters not connected with Lake Eufaula.
    3. We adopt reciprocal license agreements between Alabama and 
Georgia for fishing in Lake Eufaula. Anglers fishing in refuge impounded 
waters must possess and carry a license for the State in which they are 
fishing.
    4. We prohibit use of boats with motors in all refuge impounded 
areas.
    5. Condition B5 applies.

                   Grand Bay National Wildlife Refuge

    Refer to Sec. 32.43 Mississippi for regulations.

                    Key Cave National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
Eurasian-collared dove on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. We allow hunting on designated areas from 12 p.m. (noon) to legal 
sunset Mondays, Tuesdays, Fridays, and Saturdays.
    3. Hunters must park in designated parking areas. We prohibit 
parking vehicles on refuge roads or in the fields (see Sec. 27.31 of 
this chapter).
    4. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must have passed a State-approved hunter education course. 
One adult may supervise no more than two youth hunters.
    5. We allow you to use dogs during the hunt, but the dogs must be 
under the immediate control of the handler at all times and not allowed 
to roam free (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated portions of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1 and A3 through A5 apply.
    2. We allow hunting on designated areas from legal sunrise to legal 
sunset Mondays, Tuesdays, Fridays, and Saturdays, except that you may 
hunt opossum and raccoon after legal sunset.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

               Mountain Longleaf National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of woodcock on 
designated areas of the refuge in accordance with State regulations 
subject to the following condition: You must possess and carry a signed 
hunt permit when hunting.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
groundhog, raccoon, opossum, beaver, and fox on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. We only allow hunting from legal sunrise to legal sunset.
    3. We prohibit the use of dogs (see Sec. 26.21(b) of this chapter) 
to hunt or pursue raccoon, opossum, or fox.
    C. Big Game Hunting. We allow hunting of white-tailed deer, bobcat, 
coyote, feral hog, and turkey on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Condition B1 applies.
    2. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from trees each day (see Sec. 27.93 of this chapter).
    3. We prohibit using dogs (see Sec. 26.21(b) of this chapter) to 
hunt or pursue big game.
    D. Sport Fishing. [Reserved]

                   Sauta Cave National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the

[[Page 238]]

refuge in accordance with State regulations subject to the following 
condition: Sauty Creek Wildlife Management Area regulations apply.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Wheeler National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
4 or smaller, .22 caliber rimfire, or legal archery equipment.
    3. You must unload and case or dismantle firearms (see Sec. 27.42 
of this chapter) before placing them in a vehicle or boat.
    4. We prohibit hunting in the Triana recreation area or within 100 
yards (90 m) of any public building, public road, walking trail, or 
boardwalk.
    5. We prohibit mules and horses on all refuge hunts.
    6. We allow hunting on designated areas Monday through Saturday. We 
prohibit hunting on Sunday.
    7. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must have passed a State-approved hunter education course. 
One adult may supervise no more than two youth hunters.
    8. We prohibit mooring or storing of boats from legal sunset to 
legal sunrise.
    9. We prohibit marking trees and the use of flagging tape, 
reflective tacks, and other similar marking devices.
    10. We allow the use of dogs to hunt upland game, but the dogs must 
be under the immediate control of the handler at all times and not 
allowed to run free (see Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. We allow the hunting of white-tailed deer and 
feral hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions B1, B3, B4, B6, B8, and B9 apply.
    2. We prohibit participation in organized drives.
    3. We allow bows with broadhead arrows and flintlocks .40 caliber or 
larger only.
    4. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from trees each day (see Sec. 27.93 of this chapter).
    5. We require tree stand users to use a safety belt or harness.
    6. We prohibit mules and horses on all refuge hunts.
    7. We prohibit hunting by aid or distribution of any feed, salt, or 
other mineral at any time (see Sec. 32.2(h)).
    8. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must have passed a State-approved hunter education course. 
One adult may supervise no more than one youth.
    9. You may only hunt feral hog during the refuge archery and 
flintlock deer season.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We prohibit bank fishing around the shoreline of the refuge 
headquarters. Consult with the refuge brochure for further information.
    2. We open all other refuge waters to fishing year-round unless 
otherwise posted.
    3. We prohibit fishing in the Waterfowl Display Pool and other 
waters adjacent to the visitor center.
    4. We prohibit airboats and hovercraft on all waters within the 
refuge boundaries.
    5. We prohibit inboard waterthrust boats such as, but not limited 
to, personal watercraft, watercycles, and waterbikes on all waters of 
the refuge except that portion of the Tennessee River and Flint Creek 
from its mouth to mile marker 3.
    6. We prohibit mooring and storing of boats from legal sunset to 
legal sunrise.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 59 
FR 6688, Feb. 11, 1994; 59 FR 55183, Nov. 3, 1994; 62 FR 47375, Sept. 9, 
1997; 63 FR 46915, Sept. 3, 1998; 65 FR 30777, May 12, 2000; 66 FR 
46353, Sept. 4, 2001; 69 FR 54362, Sept. 8, 2004; 69 FR 55995, Sept. 17, 
2004; 70 FR 54158, Sept. 13, 2005]



Sec. 32.21  Alaska.

    Alaska refuges are opened to hunting, fishing and trapping pursuant 
to the Alaska National Interest Lands Conservation Act (Pub. L. 96-487, 
94 Stat. 2371). Information regarding specific refuge regulations can be 
obtained from the Region 7 Office of the U.S. Fish and Wildlife Service, 
Anchorage, AK, or by contacting the manager of the respective individual 
refuge.



Sec. 32.22  Arizona.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

[[Page 239]]

              Bill Williams River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
white-winged dove in accordance with State regulations subject to the 
following conditions:
    1. We only allow shotguns.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. We only allow hunting in accordance with State regulations for 
the listed species.
    4. We only allow hunting on the refuge in those areas south of the 
Bill Williams Road and east of Arizona State Rt. 95 and the south half 
of Section 35, T 11N-R 17W as posted.
    5. Only upon specific consent from an authorized refuge employee may 
you retrieve game from an area closed to hunting or entry.
    6. We prohibit hunting within 50 yards (45 m) of any building, road, 
or levee.
    7. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 through A7 apply.
    2. We only allow hunting of cottontail rabbit from September 1 to 
the close of the State quail season.
    C. Big Game Hunting. We allow hunting of desert bighorn sheep in 
Arizona Wildlife Management Areas 16A and 44A in accordance with State 
regulations subject to the following conditions:
    1. Anyone for hire assisting or guiding a hunter(s) must obtain, 
possess, and carry a valid Special Use Permit issued by the refuge 
manager.
    2. Conditions A3 through A7 apply.
    D. Sport Fishing. We allow fishing in accordance with State 
regulations subject to the following conditions:
    1. We close the isolated grow-out cove near the visitor center to 
fishing as posted.
    2. We prohibit personal watercraft (PWC as defined by State law), 
air boats, and hovercraft on all waters within the boundaries of the 
refuge.
    3. We designate all waters as wakeless speed zones (as defined by 
State law).
    4. Persons fishing from a boat or other floating object must obtain, 
possess, and carry a current Colorado River shared jurisdiction stamp.

                  Buenos Aires National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and mourning and white-winged dove on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You may only use firearms (see Sec. 27.42 of this chapter) for 
the taking of legal game. You may only carry and use handguns in 
conjunction with a designated handgun season. We prohibit weapons in the 
No-Hunt Zone of the refuge headquarters, on Service property in Brown 
Canyon, and in the Watchable Wildlife Areas located at Arivaca Cienega 
and Arivaca Creek.
    2. We allow stands, but you must remove them at the end of the hunt 
(see Sec. 27.93 of this chapter).
    3. The No-Hunt Zones include: Clark Ranch Tract, Don Honnas Tract, 
all Service property in Brown Canyon, Arivaca Creek from milepost 7 to 
Arivaca and within \1/4\ mile (.4 km) of the creek bed, within \1/4\ 
mile (.4 km) of all refuge residences and structures, and within a 2-
mile (3.2 km) radius of both the refuge headquarters and the 10 mile (16 
km) Antelope Wildlife Drive.
    B. Upland Game Hunting. We allow hunting of cottontail rabbit, 
coyote, and skunk on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We only require a refuge permit to hunt coyote during April and 
May. Permits are available at refuge headquarters.
    2. Conditions A1 through A3 apply.
    3. Hunting groups using more than four horses must possess and carry 
a refuge permit.
    4. Each hunter using horses must provide water and feed and clear 
all horse manure from all campsites.
    C. Big Game Hunting. We allow hunting of mule and white-tailed deer, 
javelina, and feral hog on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You may only hunt feral hog during big game seasons. Each hunter 
must possess and carry a valid hunting license and big game permit for 
the season in progress. There is no bag limit.
    2. Conditions A1 through A3 and B3 apply.
    D. Sport Fishing. [Reserved]

                 Cabeza Prieta National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of desert bighorn sheep is permitted on 
designated areas of the refuge subject to the following condition: Entry 
permits are required.
    D. Sport Fishing. [Reserved]

                     Cibola National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of geese, ducks, 
coots, moorhens, common snipe, and mourning and white-winged doves on 
designated areas of the refuge subject to the following conditions:
    1. We allow only shotguns.

[[Page 240]]

    2. You may possess only approved nontoxic shot while in the field.
    3. You must obtain a permit to enter the Island Unit.
    4. You must pay a hunt fee in portions of the refuge. Consult refuge 
hunting leaflet for locations.
    5. We do not allow pit or permanent blinds.
    6. You may hunt only during seasons, dates, times, and areas posted 
by signs and/or indicated on refuge leaflets, special regulations, and 
maps available at the refuge office.
    7. You must remove all temporary blinds, boats, and decoys from the 
refuge following each day's hunt.
    8. We do not allow hunting within 50 yards (45 m) of any public 
roads or levees.
    9. We close Farm Unit 2 to all hunting except goose hunting during 
the Arizona waterfowl season.
    10. Consult the refuge hunt leaflet for the shot limit.
    11. The area known as Pretty Water is open to waterfowl hunting from 
\1/2\ hour before sunrise to 3:00 p.m. MST during the Arizona and 
California waterfowl seasons.
    12. The Hart Mine Marsh area is open to hunting from 10 a.m. to 3 
p.m. daily during goose season.
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge subject to the following 
conditions:
    1. We allow only shotguns and bows and arrows.
    2. You may possess only approved nontoxic shot while in the field.
    3. You may hunt cottontail rabbit from September 1 through the last 
day of the respective State's quail season.
    4. During the Arizona waterfowl season, you may not hunt quail and 
rabbit in Farm Unit 2.
    5. You may not hunt within 50 yards (45 m) of any public road.
    C. Big Game Hunting. We allow hunting of mule deer on designated 
areas of the refuge subject to the following conditions:
    1. During the Arizona waterfowl season, you may not hunt mule deer 
in Farm Unit 2.
    2. You may not hunt within 50 yards (45 m) of any public road.
    D. Sport Fishing. We allow sport fishing and frogging subject to the 
following condition: Cibola Lake is open to fishing and frogging from 
March 15 through Labor Day.

                     Havasu National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning and 
whitewinged dove, duck, coot, moorhen, goose, and common snipe on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit falconry.
    2. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. You may not hunt within 50 yards (45m) of any building or public 
road.
    4. We prohibit target shooting or the discharge of any weapon except 
to hunt.
    5. We prohibit possession of firearms except while hunting.
    6. We prohibit the construction or use of pits and permanent blinds 
(see Sec. 27.92 of this chapter).
    7. You must remove temporary blinds, boats, hunting equipment, and 
decoys from the refuge following each day's hunt (see Sec. Sec. 27.93 
and 27.94 of this chapter).
    8. We prohibit retrieving game from closed areas. You may retrieve 
game from areas closed to hunting, but otherwise open to entry, as long 
as you possess no firearms or other means of take.
    9. Anyone hired to assist or guide hunter(s) must obtain, possess, 
and carry a valid Special Use Permit issued by the refuge manager.
    10. We prohibit hunting on those refuge lands within the Lake Havasu 
City limits.
    11. The following conditions apply only to Pintail Slough (all 
refuge lands north of North Dike):
    i. We require a fee for waterfowl hunting. You must possess proof of 
payment (refuge permit) while hunting.
    ii. Waterfowl hunters must hunt within 25 feet (7.5 m) of the 
numbered post of their assigned blind.
    iii. We limit the number of persons at each waterfowl hunt blind to 
three. Observers cannot hold shells or guns unless in possession of a 
valid State hunting license and stamps.
    iv. We limit the number of shells a waterfowl hunter may possess to 
25.
    v. Waterfowl hunters must possess at least 12 decoys per blind.
    vi. You may use only dead vegetation or materials brought from off 
refuge for making or fixing hunt blinds. We prohibit the cutting, 
pulling, marking or removing vegetation (see Sec. 27.51 of this 
chapter).
    vii. Waterfowl hunters must be at their blind at least 45 minutes 
before legal shoot time and not leave their blind until 10:00 am MST.
    viii. Waterfowl hunting ends at 12:00 p.m. (noon) MST. Hunters must 
be out of the slough area by 1:00 p.m. MST.
    ix. We allow hunting in the juniors-only waterfowl season.
    x. We allow dove hunting only during the September season.
    12. The following conditions apply to all waters of the lower 
Colorado River within the Havasu NWR:
    i. We close designated portions of Topock Marsh to all entry from 
October 1 through the last day of the waterfowl hunt season (including 
the State junior waterfowl hunt).

[[Page 241]]

These areas are indicated in refuge brochures and identified by buoys 
and/or signs.
    ii. We prohibit hunting in the waters of the Colorado River and on 
those refuge lands within 1/4 mile (.4 km) of the waters of the Colorado 
River from and including Castle Rock Bay north to Interstate 40.
    iii. We allow hunting on refuge lands and waters south of Castle 
Rock Bay to the north boundary of the Lake Havasu City limits.
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A10, A11vi., and A12 apply.
    2. We prohibit the possession or use of rifles.
    3. We allow hunting of quail in Pintail Slough prior to and 
following the State waterfowl season (The State waterfowl season 
includes the State general waterfowl season, the days between the 
juniors-only waterfowl hunt and the general State waterfowl season, and 
the juniors-only waterfowl hunt.).
    4. We allow hunting of cottontail rabbit in Pintail Slough prior to 
and following the State waterfowl season (The State waterfowl season 
includes the State general waterfowl season, the days between the 
juniors-only waterfowl hunt and the general State waterfowl season, and 
the juniors-only waterfowl hunt.).
    C. Big Game Hunting. We allow hunting of bighorn sheep on those 
refuge lands in Arizona Wildlife Management Area 16B in accordance with 
State regulations subject to the following conditions:
    1. Conditions A3 through A9 and A12ii apply.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations (Colorado River specific 
regulations apply) subject to the following conditions:
    1. We prohibit the use of all air-thrust boats or air-cooled 
propulsion engines, including floating aircraft.
    2. We prohibit overnight boat mooring and shore anchoring unless 
actively fishing as defined by State regulations (see Sec. 27.93 of 
this chapter).
    3. Anyone hired to assist or guide anglers must obtain, possess, and 
carry a valid Special Use Permit issued by the refuge manager.
    4. The following apply only on Topock Marsh:
    i. We close designated portions to all entry from October 1 through 
the last day of the waterfowl hunt season (including the State junior 
waterfowl hunt).
    ii. We close designated portions to all entry from April 1 through 
August 31. These areas are indicated in refuge brochures and identified 
by buoys and or signs.
    iii. We prohibit personal watercraft (PWC, as defined by State law).
    5. The following apply to all waters of the Colorado River within 
Havasu NWR from the south regulatory buoy line to the north regulatory 
buoy line at Interstate 40 (approximately 17 miles [27.2 km]).
    i. We prohibit personal watercraft (PWC, as defined by State law) as 
indicated by signs or regulatory buoys in all backwaters.
    ii. We limit watercraft speed as indicated by signs or regulatory 
buoys to no wake (as defined by State law) in all backwaters.
    iii. We prohibit water-skiing, tubing, wake boarding, or other 
recreational-towed devices.
    6. The following apply to the Mesquite Bay areas of Lake Havasu.
    i. We prohibit entry of all watercraft (as defined by State law) in 
all three bays as indicated by signs or regulatory buoys.
    ii. The Mesquite Bays are Day Use Only areas and open from 1 hour 
before legal sunrise to 1 hour after legal sunset.

                    Imperial National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning and 
white-winged dove, duck, coot, moorhen, goose, and common snipe on 
designated areas of the refuge subject to the following conditions:
    1. Pits and permanent blinds are not allowed.
    2. Temporary blinds, boats and decoys must be removed from the 
refuge following each day's hunt.
    3. You may possess only approved nontoxic shot while in the field.
    B. Upland Game Hunting. We allow hunting of quail, cottontail 
rabbit, coyote, and fox on designated areas of the refuge subject to the 
following conditions:
    1. Allowed methods of take for quail and cottontail rabbit are 
shotgun and bow and arrow.
    2. You may possess only approved nontoxic shot while hunting quail 
and cottontail rabbit (see Sec. 32.2(k).
    3. We allow cottontail rabbit hunting from September 1 to the close 
of the State quail season.
    4. We require Special Use Permits for hunting coyote and fox.
    5. We allow coyote and fox hunting only during the State quail 
season.
    C. Big Game Hunting. We allow hunting of mule deer and desert 
bighorn sheep on designated areas of the refuge.
    D. Sport Fishing. We allow fishing and frogging for bullfrog on 
designated areas of the refuge subject to the following condition: We 
close posted portions of Martinez Lake and Ferguson Lake to entry from 
October 1 through the last day of February.

[[Page 242]]

                      Kofa National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. Hunting of quail, cottontail rabbit, coyote, 
and fox is permitted on designated areas of the refuge subject to the 
following conditions:
    1. Hunting of coyote, fox, and cottontail rabbit is permitted during 
the State quail season only, except as provided below.
    2. Hunting of coyote and fox is not permitted during the deer season 
except that deer hunters with valid Unit 45A, 45B, and 45C deer permits 
may take these predators until a deer is taken.
    3. Allowed method of take of cottontail rabbits is shotgun only.
    C. Big Game Hunting. Hunting of mule deer and desert bighorn sheep 
is permitted on designated areas of the refuge.
    D. Sport Fishing. [Reserved]

                 San Bernardino National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
white-winged dove on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow only shotguns.
    2. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and A2 apply.
    2. Cottontail rabbit season shall open on September 1 and close on 
the last day of the State quail season.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 59 
FR 6688, Feb. 11, 1994; 59 FR 55183, Nov. 3, 1994; 60 FR 62040, Dec. 4, 
1995; 62 FR 47376, Sept. 9, 1997; 65 FR 30777, May 12, 2000; 66 FR 
46353, Sept. 4, 2001; 67 FR 58943, Sept. 18, 2002; 69 FR 54362, 54365, 
Sept. 8, 2004; 70 FR 54159, Sept. 13, 2005]



Sec. 32.23  Arkansas.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Bald Knob National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, snipe, woodcock, and dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require refuge hunting permits. The permits are 
nontransferable, and anyone on refuge land in possession of hunting 
equipment must sign, possess, and carry the permits at all times.
    2. We allow hunting of duck, goose, and coot daily until 12 p.m. 
(noon) throughout the State seasons, except for season closures on the 
Farm Unit during Gun Deer Hunt and for the exception provided in A3.
    3. We allow hunting for goose from \1/2\ hour before sunrise until 
legal sunset after the closing of the duck season in January for the 
remainder of the State goose season(s) and Snow, Blue, and Ross' Goose 
Conservation Orders.
    4. We allow hunting for dove, snipe, and woodcock when their seasons 
correspond with duck and/or goose seasons.
    5. We prohibit commercial hunting/guiding.
    6. You may only possess approved nontoxic shot shells while in the 
field (see Sec. 32.2(k)) in quantities of 25 or less. The possession 
limit includes shells located in/on vehicles and other personal 
equipment.
    7. We prohibit hunting closer than 100 yards (90 m) to another 
hunter or hunting party.
    8. You must remove decoys, blinds, boats, and all other equipment 
(see Sec. 27.93 of this chapter) daily by 2:00 p.m.
    9. Waterfowl hunters may enter the refuge parking areas at 4:45 a.m. 
and access the refuge at 5 a.m.
    10. Hunters may leave boats with the owner's name and address 
permanently displayed or valid registration on the refuge from March 1 
through October 31.
    11. We prohibit possession of or marking trails with materials other 
than biodegradable paper flagging or reflective tape/tacks.
    12. We prohibit building or hunting from permanent blinds.
    13. We prohibit cutting of holes or manipulation of vegetation 
(i.e., cutting bushes, mowing, weed-eating, herbicide use, etc.) and 
hunting from manipulated areas (see Sec. 27.51 of this chapter).
    14. We allow retriever dogs.
    15. You must unload firearms (see Sec. 27.42(b) of this chapter) 
when carried in/on land vehicles or boats under power.
    16. We allow waterfowl hunting from roads and levees.
    17. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. For migratory bird hunting, one adult may supervise no more 
than two youth hunters.
    18. We prohibit target practice or nonhunting discharge of firearms 
(see Sec. 27.42 of this chapter).
    19. We only allow vehicle use on established roads and trails (see 
Sec. 27.31 of this chapter). We limit vehicle access on the Mingo Creek 
Unit to ATV use, only on marked ATV trails. You may use conventional 
vehicles on the Farm Unit from March

[[Page 243]]

1 to November 14. You may only use ATVs from November 15 to February 28 
for access beyond Parking Areas.
    20. We prohibit entry into or hunting in waterfowl sanctuaries from 
November 15 through February 28.
    21. You must adhere to all public use special conditions and 
regulations on the annual hunt brochure/permit.
    22. We prohibit airboats, hovercraft, and personal watercraft (Jet 
Ski, etc.).
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
raccoon, opossum, beaver, muskrat, nutria, armadillo, coyote, and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following special conditions:
    1. Conditions A1, A5, A11, A15, A17 (for upland game hunting, one 
adult may supervise no more than two youth hunters), A18, A19, A21, and 
A22 apply.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. We allow fall squirrel hunting in accordance with the State 
season on the Mingo Creek Unit and on the Farm Unit, except for season 
closure on the Farm Unit during the Gun Deer Hunt. We prohibit dogs, 
except for the period of January 15 through February 28. We do not open 
for the spring squirrel season.
    4. We allow rabbit hunting in accordance with the State season on 
the Mingo Creek Unit and on the Farm Unit, except for season closure on 
the Farm Unit during the Gun Deer Hunt. We prohibit dogs, except for the 
period of January 15 through February 28.
    5. We allow quail hunting in accordance with the State season except 
for season closure on the Farm Unit only during the Gun Deer Hunt. We 
allow dogs.
    6. We allow hunting of raccoon and opossum with dogs beginning in 
November and continuing for up to a 3-week period. We list annual season 
dates in the refuge hunting brochure/permit. We prohibit pleasure 
running or training of dogs.
    7. We prohibit the use of horses.
    8. You may take beaver, muskrat, nutria, armadillo, feral hog, and 
coyote during any refuge hunt with the weapon allowed for that hunt.
    9. We prohibit entry into or hunting in refuge waterfowl sanctuaries 
from November 15 to February 28.
    10. We prohibit hunting from roads except by waterfowl hunters.
    11. You may leave boats with the owner's name and address or valid 
registration permanently displayed on the refuge from March 1 through 
October 31.
    12. We prohibit hunting from a vehicle.
    13. We only allow rifles chambered for rimfire cartridges.
    C. Big Game Hunting. We allow hunting of deer and turkey on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A5, A11, A15, A18, A19, A21, A22, and B8, B11, and 
B12 apply.
    2. We divide the refuge into two hunting units: Farm Unit and Mingo 
Creek Unit.
    3. The archery/crossbow hunting season for deer begins on the 
opening day of the State season and continues throughout the State 
season in the Mingo Creek Unit and Farm Unit except for the season 
closure on the Farm Unit during the Gun Deer Hunt. We provide annual 
season dates and bag limits on the hunt brochure/permit.
    4. Muzzleloader hunting season for deer will begin in October and 
will continue for a period of up to 9 days in all hunting units with 
annual season dates and bag limits provided on the hunt brochure/permit.
    5. The Gun Deer Hunt will begin in November and continue for a 
period of up to 9 days on the Farm Unit with annual season dates and bag 
limits provided on the hunt brochure/permit. We close the Mingo Creek 
Unit.
    6. The fall archery/crossbow hunting season for turkey will begin on 
the opening day of the State season and continue throughout the State 
season on the Mingo Creek Unit only.
    7. We prohibit spring and fall gun hunting for turkey.
    8. Immediately record the zone 002 on your hunting license and later 
at an official check station for all deer and turkey harvested on the 
refuge.
    9. You may only possess shotguns with rifled slugs, muzzleloaders, 
and legal pistols during the modern Gun Deer Hunt.
    10. You may only use single-person portable deer stands.
    11. We prohibit hunting from a vehicle or use of a vehicle as a deer 
stand.
    12. You must permanently affix the owner's name and address to all 
deer stands on the refuge.
    13. You must remove all deer stands from the Waterfowl Sanctuaries 
by November 14, except for stands used by Gun Deer Hunt permit holders 
who must remove their stands by the last day of the gun hunt. You must 
remove all stands from the rest of the refuge by the last day of the 
archery season (see Sec. 27.93 of this chapter).
    14. We prohibit the use of dogs.
    15. We prohibit the possession of buckshot on all refuge lands.
    16. We prohibit hunting from a mowed and/or graveled road right-of-
way.
    17. Refuge lands are located in State flood zone B, and we will 
close them to all deer hunting when the White River gauge at Augusta 
reaches 31 feet (9.3 m), as reported by the National Weather Service in 
the Arkansas Democrat Gazette, and reopen them when the same gauge 
reading in this newspaper falls to or below 19 feet (5.7 m).

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    18. We only allow Gun Deer Hunt permit holders on the Farm Unit 
during the Gun Deer Hunt.
    19. We close Waterfowl Sanctuaries to all entry and hunting from 
November 15 to February 28, except for Gun Deer Hunt permit holders, who 
may hunt the sanctuary when the season overlaps with these dates.
    20. An adult not less than age 21 must supervise and remain within 
sight and normal voice contact of hunters age 15 and under. For big game 
hunting, one adult may only supervise one youth.
    D. Sport Fishing. We allow fishing and frogging in accordance with 
State regulations subject to the following conditions:
    1. Conditions A5, A19, A21, and A22 apply.
    2. We close waterfowl sanctuaries to all entry and fishing/frogging 
from November 15 to February 28. We also close the Farm Unit to all 
entry and fishing during the Gun Deer Hunt.
    3. You may leave boats with the owner's name and address permanently 
displayed or valid registration on the refuge from March 1 to October 
31. We prohibit use of boats from 12 p.m. (midnight) to 5 a.m. during 
duck season.
    4. We prohibit commercial fishing.
    5. We limit nighttime use to anglers fishing/frogging with fishing 
and/or frogging tackle only.
    6. We prohibit mooring houseboats to the refuge bank on the Red 
River.

                    Big Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, nutria, coyote, beaver, and opossum on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We require refuge hunt permits. The permits are nontransferable 
and anyone on refuge land in possession of hunting equipment must sign 
and carry the permit at all times.
    2. We prohibit firearms (see Sec. 27.42 of this chapter) on the 
refuge, except during refuge squirrel, rabbit, and raccoon seasons. We 
provide annual season dates in the refuge hunting brochure/permit.
    3. You may take nutria, beaver, and coyote during any refuge hunt 
with the firearm allowed for that hunt, subject to State seasons.
    4. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
For small game hunts, one adult may supervise no more than two youth 
hunters.
    5. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    6. You may take opossum during a raccoon hunt.
    7. We prohibit dogs except for raccoon hunting. We prohibit pleasure 
running or training of dogs (see Sec. 26.21(b) of this chapter).
    8. You may only possess shotguns with approved nontoxic shot (see 
Sec. 32.2(k)) and rifles firing .22 caliber rimfire ammunition.
    9. You must unload and case firearms (see Sec. 27.42(b) of this 
chapter) while in a vehicle, on any refuge road, parking area, or boat 
ramp.
    10. We prohibit firearms south of Highway 18 and at the Brights 
Landing boat access.
    11. We prohibit boats from November 1 through February 28, except on 
that portion of the refuge open for public fishing with electric motors 
and Ditch 28.
    12. We prohibit hunting from mowed or gravel roads.
    13. We prohibit ATVs (see Sec. 27.31(f) of this chapter).
    14. You must adhere to all public use special conditions and 
regulations on the annual hunt brochure/permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions B1, and B11 through B14 apply.
    2. We allow archery/crossbow hunting for white-tailed deer. We 
provide annual season dates in the hunt brochure/permit.
    3. Hunters may only possess long, recurve, compound, or crossbows. 
We prohibit possession of firearms (see Sec. 27.42 of this chapter) by 
archery/crossbow hunters.
    4. We prohibit dogs.
    5. We prohibit possession of or marking trails with materials other 
than biodegradable paper/flagging or reflective tape/tacks.
    6. Upon harvest of deer, hunters must immediately record the deer 
zone 030 on their license and later on official check station records.
    7. Hunters must check out (check harvested deer) at the Hunter 
Information Station.
    8. We only allow portable tree stands, and you must remove them 
daily (see Sec. 27.93 of this chapter).
    9. We prohibit driving metal or other objects into trees or hunting 
from trees in which objects have been driven (see Sec. 32.2(i)).
    10. We prohibit cutting, pruning, or trimming vegetation (see Sec. 
27.51 of this chapter).
    11. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    12. Hunters may enter the refuge no earlier than 1 hour before legal 
shooting time and depart no later than 1 hour after legal shooting time.
    13. An adult age 21 or older must supervise and remain within sight 
and normal voice contact of hunters age 15 and under. For big

[[Page 245]]

game hunts, one adult may supervise no more than 1 youth.
    D. Sport Fishing. Fishing and frogging are permitted on designated 
areas of the refuge subject to the following conditions:
    1. We prohibit the use of limb lines and jug fishing.
    2. The use of limb lines and toxic chemical containers for jug 
fishing is not permitted.
    3. The ends of trotlines must consist of a length of cotton line 
that extends from the points of attachment into the water.
    4. Boats may be launched only in designated areas.
    5. We prohibit ATVs, airboats, personal watercraft, Jet Skis, and 
hovercraft (see Sec. 27.31(f) of this chapter).
    6. Frogging is permitted from the beginning of the State frogging 
season through October 31. The use of archery equipment for taking frogs 
is not permitted.
    7. The taking of largemouth bass is permitted in accordance with the 
posted length and/or slot limits.
    8. We prohibit possessing turtles (see Sec. 27.21 of this chapter).

                  Cache River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, snipe, woodcock, and dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require refuge hunting permits. These permits are 
nontransferable, and anyone on the refuge in possession of hunting 
equipment must sign and carry the permit at all times.
    2. We allow hunting of duck, goose, and coot daily until 12 p.m. 
(noon) throughout the State seasons, except for refugewide season 
closures during Gun Deer Hunt and the exception provided in A3.
    3. We allow hunting for goose from \1/2\ hour before legal sunrise 
to legal sunset after the close of duck season in January for the 
remainder of the State goose season(s) and Snow, Blue and Ross' Goose 
Conservation Order.
    4. We allow hunting for dove, snipe, and woodcock when their seasons 
correspond with duck and/or goose seasons.
    5. No person, including but not limited to, a guide, guide service, 
outfitter, club, or other organization, will provide assistance, 
services, or equipment on the refuge to any other person for 
compensation unless such guide, guide service, outfitter, club, or 
organization has obtained a Special Use Permit from the refuge. For the 
purposes of this regulation, we will consider any fees or services 
rendered to a person for lodging, meals, club membership or similar 
services as compensation.
    6. We prohibit hunting, taking, possessing, or attempting to take 
wildlife with a guide, guide service, outfitter, club, or organization 
providing assistance, service, or equipment who does not possess and 
carry the required refuge Special Use Permit.
    7. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    8. You must remove decoys, blinds, boats, and all other equipment 
(see Sec. 27.93 of this chapter) daily by 2 p.m.
    9. Waterfowl hunters may enter the refuge parking areas at 4:45 a.m. 
and access the refuge at 5 a.m.
    10. We prohibit boats on the refuge from 12 p.m. (midnight) to 5 
a.m. during duck season.
    11. We prohibit possession of or marking trails with materials other 
than biodegradable paper, flagging, or reflective tape/tacks.
    12. We prohibit building, or hunting from, permanent blinds.
    13. We prohibit cutting of holes or other manipulation of vegetation 
(e.g., cutting bushes, mowing, weed-eating, herbicide use, and other 
actions) or hunting from manipulated areas (see Sec. 27.51 of this 
chapter).
    14. We allow retriever dogs.
    15. You must unload firearms when carried in/on land vehicles or 
boats under power (see Sec. 27.42(b) of this chapter).
    16. We allow waterfowl hunti