Oct. 30, 2008 CODE OF FEDERAL REGULATIONS 50 Parts 18 to 199 Revised as of October 1, 2008 Wildlife and Fisheries Containing a codification of documents of general applicability and future effect As of October 1, 2008 With Ancillaries

Published by

Office of the Federal Register

National Archives and Records

Administration

 A Special Edition of the Federal Register U.S. GOVERNMENT OFFICIAL EDITION NOTICE Legal Status and Use of Seals and Logos e:\seals\archives.ai

The seal of the National Archives and Records Administration (NARA) authenticates the Code of Federal Regulations (CFR) as the official codification of Federal regulations established under the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the contents of the CFR, a special edition of the Federal Register, shall be judicially noticed. The CFR is prima facie evidence of the original documents published in the Federal Register (44 U.S.C. 1510).

It is prohibited to use NARA's official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist's designee. Any person using NARA's official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix

This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0-16 ISBN prefix is for U.S. Government Printing Office Official Editions only. The Superintendent of Documents of the U.S. Government Printing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN.

e:\seals\gpologo.eps

U . S . G O V E R N M E N T P R I N T I N G O F F I C E

U.S. Superintendent of Documents • Washington, DC 20402-0001

http://bookstore.gpo.gov

Phone: toll-free (866) 512-1800; DC area (202) 512-1800

 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 721 Table of CFR Titles and Chapters 723 Alphabetical List of Agencies Appearing in the CFR 743 List of CFR Sections Affected 753

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. 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, 2008), 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. 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, 1986, consult either the List of CFR Sections Affected, 1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes. For the period beginning January 1, 1986, 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.

 REPUBLICATION OF MATERIAL

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

 INQUIRIES

For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency's name appears at 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 Archives and Records Administration, Washington, DC 20408 or e-mail fedreg.info@nara.gov.

 SALES

The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2250, 24 hours a day. For payment by check, write to: US Government Printing Office - New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. For GPO Customer Service call 202-512-1803.

 ELECTRONIC SERVICES

The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers, Weekly Compilation of Presidential Documents and the Privacy Act Compilation are available in electronic format at www.gpoaccess.gov/nara (“GPO Access”). For more information, contact Electronic Information Dissemination Services, U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.

The Office of the Federal Register also offers a free service on the National Archives and Records Administration's (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA's web site at www.archives.gov/federal-register. The NARA site also contains links to GPO Access.

Raymond A. Mosley,

Director,

Office of the Federal Register.

October 1, 2008.

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, 2008.

Alphabetical listings of endangered and threatened wildlife and plants appear in §§ 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, Susannah C. Hurley was Chief Editor. The Code of Federal Regulations publication program is under the direction of Michael L. White, assisted by Ann Worley.

 <LRH>50 CFR Ch. I (10-1-08 Edition)</LRH> <RRH>U.S. Fish and Wildlife Serv., Interior</RRH> <CFRTITLE> <TITLEHD> <PRTPAGE P="1"/> <HD SOURCE="HED">Title 50—Wildlife and Fisheries</HD> <P>(This book contains parts 18 to 199)</P> </TITLEHD> <CFRTOC> <PTHD>Part</PTHD> <CHAPTI> <SUBJECT> <E T="04">chapter i</E>—United States Fish and Wildlife Service, Department of the Interior (Continued)</SUBJECT> <PG>18</PG> </CHAPTI> </CFRTOC> </CFRTITLE> <CHAPTER> <TOC> <TOCHD> <PRTPAGE P="3"/> <HD SOURCE="HED">CHAPTER I—UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED)</HD> </TOCHD> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER B—TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS (CONTINUED)</HD> </SUBCHAP> <PTHD>Part</PTHD> <PGHD>Page</PGHD> <CHAPTI> <PT>18</PT> <SUBJECT>Marine mammals</SUBJECT> <PG>5</PG> <PT>19</PT> <SUBJECT>Airborne hunting</SUBJECT> <PG>41</PG> <PT>20</PT> <SUBJECT>Migratory bird hunting</SUBJECT> <PG>43</PG> <PT>21</PT> <SUBJECT>Migratory bird permits</SUBJECT> <PG>63</PG> <PT>22</PT> <SUBJECT>Eagle permits</SUBJECT> <PG>115</PG> <PT>23</PT> <SUBJECT>Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)</SUBJECT> <PG>126</PG> <PT>24</PT> <SUBJECT>Importation and exportation of plants</SUBJECT> <PG>197</PG> </CHAPTI> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER C—THE NATIONAL WILDLIFE REFUGE SYSTEM</HD> </SUBCHAP> <CHAPTI> <PT>25</PT> <SUBJECT>Administrative provisions</SUBJECT> <PG>200</PG> <PT>26</PT> <SUBJECT>Public entry and use</SUBJECT> <PG>208</PG> <PT>27</PT> <SUBJECT>Prohibited acts</SUBJECT> <PG>218</PG> <PT>28</PT> <SUBJECT>Enforcement, penalty, and procedural requirements for violations of parts 25, 26, and 27</SUBJECT> <PG>224</PG> <PT>29</PT> <SUBJECT>Land use management</SUBJECT> <PG>226</PG> <PT>30</PT> <SUBJECT>Range and feral animal management</SUBJECT> <PG>236</PG> <PT>31</PT> <SUBJECT>Wildlife species management</SUBJECT> <PG>237</PG> <PT>32</PT> <SUBJECT>Hunting and fishing</SUBJECT> <PG>238</PG> <PT>34</PT> <SUBJECT>Refuge revenue sharing with counties</SUBJECT> <PG>468</PG> <PT>35</PT> <SUBJECT>Wilderness preservation and management</SUBJECT> <PG>471</PG> <PT>36</PT> <SUBJECT>Alaska National Wildlife Refuges</SUBJECT> <PG>474</PG> <PT>37</PT> <SUBJECT>Geological and geophysical exploration of the coastal plain, Arctic National Wildlife Refuge, Alaska</SUBJECT> <PG>500<PRTPAGE P="4"/> </PG> <PT>38</PT> <SUBJECT>Midway Atoll National Wildlife Refuge</SUBJECT> <PG>522</PG> </CHAPTI> <SUBCHAP> <RESERVED>SUBCHAPTER D [RESERVED]</RESERVED> </SUBCHAP> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER E—MANAGEMENT OF FISHERIES CONSERVATION AREAS</HD> </SUBCHAP> <CHAPTI> <PT>70</PT> <SUBJECT>National fish hatcheries</SUBJECT> <PG>526</PG> <PT>71</PT> <SUBJECT>Hunting and fishing on national fish hatchery areas</SUBJECT> <PG>527</PG> </CHAPTI> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER F—FINANCIAL ASSISTANCE—WILDLIFE AND SPORT FISH RESTORATION PROGRAM</HD> </SUBCHAP> <CHAPTI> <PT>80</PT> <SUBJECT>Administrative requirements, Pittman—Robertson wildlife restoration and Dingell—Johnson Sport Fish Restoration Acts</SUBJECT> <PG>529</PG> <PT>81</PT> <SUBJECT>Conservation of endangered and threatened species of fish, wildlife, and plants—cooperation with the States</SUBJECT> <PG>538</PG> <PT>82</PT> <SUBJECT>Administrative procedures for grants-in-aid (Marine Mammal Protection Act of 1972)</SUBJECT> <PG>542</PG> <PT>83</PT> <SUBJECT>Rules implementing the Fish and Wildlife Conservation Act of 1980</SUBJECT> <PG>546</PG> <PT>84</PT> <SUBJECT>National Coastal Wetlands Conservation Grant Program</SUBJECT> <PG>552</PG> <PT>85</PT> <SUBJECT>Clean Vessel Act Grant Program</SUBJECT> <PG>567</PG> <PT>86</PT> <SUBJECT>Boating Infrastructure Grant (BIG) Program</SUBJECT> <PG>576</PG> </CHAPTI> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER G—MISCELLANEOUS PROVISIONS</HD> </SUBCHAP> <CHAPTI> <PT>90</PT> <SUBJECT>Feeding depredating migratory waterfowl</SUBJECT> <PG>591</PG> <PT>91</PT> <SUBJECT>Migratory bird hunting and conservation stamp contest</SUBJECT> <PG>593</PG> <PT>92</PT> <SUBJECT>Migratory bird subsistence harvest in Alaska</SUBJECT> <PG>598</PG> </CHAPTI> <SUBCHAP> <HD SOURCE="HED">SUBCHAPTER H—NATIONAL WILDLIFE MONUMENTS</HD> </SUBCHAP> <CHAPTI> <PT>96-99</PT> <RESERVED>[Reserved]</RESERVED> <PT>100</PT> <SUBJECT>Subsistence management regulations for public lands in Alaska</SUBJECT> <PG>608</PG> <PT>101-199</PT> <RESERVED>[Reserved]</RESERVED> </CHAPTI> <APP>Appendix A to Chapter I—Codes for the Representation of Names of Countries (Established by the International Organization for Standardization)</APP> <PG>715</PG> </TOC> <SUBCHAP TYPE="N"> <PRTPAGE P="5"/> <HD SOURCE="HED">SUBCHAPTER B—TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS (CONTINUED)</HD> <PART> <EAR>Pt. 18</EAR> <HD SOURCE="HED">PART 18—MARINE MAMMALS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECHD>Sec.</SECHD> <SECTNO>18.1</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <SECTNO>18.2</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <SECTNO>18.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>18.4</SECTNO> <SUBJECT>Information collection requirements.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Prohibitions</HD> <SECTNO>18.11</SECTNO> <SUBJECT>Prohibited taking.</SUBJECT> <SECTNO>18.12</SECTNO> <SUBJECT>Prohibited importation.</SUBJECT> <SECTNO>18.13</SECTNO> <SUBJECT>Prohibited uses, possession, transportation, and sales.</SUBJECT> <SECTNO>18.14</SECTNO> <SUBJECT>Marine mammals taken before the Act.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—General Exceptions</HD> <SECTNO>18.21</SECTNO> <SUBJECT>Actions permitted by international treaty, convention, or agreement.</SUBJECT> <SECTNO>18.22</SECTNO> <SUBJECT>Taking by Federal, State or local government officials.</SUBJECT> <SECTNO>18.23</SECTNO> <SUBJECT>Native exemptions.</SUBJECT> <SECTNO>18.24</SECTNO> <SUBJECT>Taking incidental to commercial fishing operations.</SUBJECT> <SECTNO>18.25</SECTNO> <SUBJECT>Exempted marine mammals or marine mammals products.</SUBJECT> <SECTNO>18.26</SECTNO> <SUBJECT>Collection of certain dead marine mammal parts.</SUBJECT> <SECTNO>18.27</SECTNO> <SUBJECT>Regulations governing small takes of marine mammals incidental to specified activities.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Special Exceptions</HD> <SECTNO>18.30</SECTNO> <SUBJECT>Polar bear sport-hunted trophy import permits.</SUBJECT> <SECTNO>18.31</SECTNO> <SUBJECT>Scientific research permits and public display permits.</SUBJECT> <SECTNO>18.32</SECTNO> <SUBJECT>Waiver of the moratorium.</SUBJECT> <SECTNO>18.33</SECTNO> <SUBJECT>Procedures for issuance of permits and modification, suspension, or revocation thereof.</SUBJECT> </SUBPART> <SUBPART> <RESERVED>Subpart E—Depleted Species or Stocks [Reserved]</RESERVED> </SUBPART> <SUBPART> <RESERVED>Subpart F—Transfer of Management Authority to States [Note]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Notice and Hearing on Section 103 Regulations</HD> <SECTNO>18.70</SECTNO> <SUBJECT>Basis and purpose.</SUBJECT> <SECTNO>18.71</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>18.72</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <SECTNO>18.73</SECTNO> <SUBJECT>Burden of proof.</SUBJECT> <SECTNO>18.74</SECTNO> <SUBJECT>Notice of hearing.</SUBJECT> <SECTNO>18.75</SECTNO> <SUBJECT>Notification by interested persons.</SUBJECT> <SECTNO>18.76</SECTNO> <SUBJECT>Presiding officer.</SUBJECT> <SECTNO>18.77</SECTNO> <SUBJECT>Direct testimony submitted as written documents.</SUBJECT> <SECTNO>18.78</SECTNO> <SUBJECT>Mailing address.</SUBJECT> <SECTNO>18.79</SECTNO> <SUBJECT>Inspection and copying of documents.</SUBJECT> <SECTNO>18.80</SECTNO> <SUBJECT>Ex parte communications.</SUBJECT> <SECTNO>18.81</SECTNO> <SUBJECT>Prehearing conference.</SUBJECT> <SECTNO>18.82</SECTNO> <SUBJECT>Prehearing order.</SUBJECT> <SECTNO>18.83</SECTNO> <SUBJECT>Determination to cancel the hearing.</SUBJECT> <SECTNO>18.84</SECTNO> <SUBJECT>Rebuttal testimony and new issues of fact in prehearing order.</SUBJECT> <SECTNO>18.85</SECTNO> <SUBJECT>Waiver of right to participate.</SUBJECT> <SECTNO>18.86</SECTNO> <SUBJECT>Conduct of the hearing.</SUBJECT> <SECTNO>18.87</SECTNO> <SUBJECT>Direct testimony.</SUBJECT> <SECTNO>18.88</SECTNO> <SUBJECT>Cross-examination.</SUBJECT> <SECTNO>18.89</SECTNO> <SUBJECT>Oral and written arguments.</SUBJECT> <SECTNO>18.90</SECTNO> <SUBJECT>Recommended decision, certification of the transcript and submission of comments on the recommended decision.</SUBJECT> <SECTNO>18.91</SECTNO> <SUBJECT>Director's decision.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Waiver of Moratorium on Taking and Importation of Individual Marine Mammal Species</HD> <SECTNO>18.92</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <SECTNO>18.93</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <SECTNO>18.94</SECTNO> <SUBJECT>Pacific walrus (Alaska).</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Nonlethal Taking of Pacific Walruses and Polar Bears Incidental to Oil and Gas Exploration Activities in the Chukchi Sea and Adjacent Coast of Alaska</HD> <SECHD>Sec.</SECHD> <SECTNO>18.111</SECTNO> <SUBJECT>What specified activities does this subpart cover?</SUBJECT> <SECTNO>18.112</SECTNO> <SUBJECT>In what specified geographic region does this subpart apply?</SUBJECT> <SECTNO>18.113</SECTNO> <SUBJECT>When is this subpart effective?</SUBJECT> <SECTNO>18.114</SECTNO> <SUBJECT>How do I obtain a Letter of Authorization?</SUBJECT> <SECTNO>18.115</SECTNO> <SUBJECT>What criteria does the Service use to evaluate Letter of Authorization requests?</SUBJECT> <SECTNO>18.116</SECTNO> <SUBJECT>What does a Letter of Authorization allow?</SUBJECT> <SECTNO>18.117</SECTNO> <SUBJECT>What activities are prohibited?</SUBJECT> <SECTNO>18.118</SECTNO> <SUBJECT>What are the mitigation, monitoring, and reporting requirements?<PRTPAGE P="6"/> </SUBJECT> <SECTNO>18.119</SECTNO> <SUBJECT>What are the information collection requirements?</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">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</HD> <SECTNO>18.121</SECTNO> <SUBJECT>What specified activities does this subpart cover?</SUBJECT> <SECTNO>18.122</SECTNO> <SUBJECT>In what specified geographic region does this subpart apply?</SUBJECT> <SECTNO>18.123</SECTNO> <SUBJECT>When is this subpart effective?</SUBJECT> <SECTNO>18.124</SECTNO> <SUBJECT>How do I obtain a Letter of Authorization?</SUBJECT> <SECTNO>18.125</SECTNO> <SUBJECT>What criteria does the Service use to evaluate Letter of Authorization requests?</SUBJECT> <SECTNO>18.126</SECTNO> <SUBJECT>What does a Letter of Authorization allow?</SUBJECT> <SECTNO>18.127</SECTNO> <SUBJECT>What activities are prohibited?</SUBJECT> <SECTNO>18.128</SECTNO> <SUBJECT>What are the mitigation, monitoring, and reporting requirements?</SUBJECT> <SECTNO>18.129</SECTNO> <SUBJECT>What are the information collection requirements? </SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>16 U.S.C. 1361 <E T="03">et seq.</E> </P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>39 FR 7262, Feb. 25, 1974, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECTION> <SECTNO>§ 18.1</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.2</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <P>(a) This part 18 applies solely to marine mammals and marine mammal products as defined in § 18.3. For regulations under the Act with respect to cetacea (whales and porpoises), pinnipedia, other than walrus (seals and sea lions), see 50 CFR part 216.</P> <P>(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.)</P> </SECTION> <SECTION> <SECTNO>§ 18.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>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:</P> <P> <E T="03">Act</E> means the Marine Mammal Protection Act of 1972, 86 Stat. 1027, 16 U.S.C. 1361-1407; Pub. L. 92-522.</P> <P> <E T="03">Alaskan Native</E> 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.</P> <P> <E T="03">Authentic native articles of handicrafts and clothing</E> 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 § 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.<PRTPAGE P="7"/> </P> <P> <E T="03">Commercial fishing operation</E> 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.</P> <P> <E T="03">Endangered species</E> 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).</P> <P> <E T="03">Incidental catch</E> 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: <E T="03">Provided, however,</E> That a marine mammal so taken must immediately be returned to the sea with a minimum of injury; and <E T="03">Provided, further,</E> 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.</P> <P> <E T="03">Marine mammal</E> 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:</P> <GPOTABLE CDEF="s50,r50,r40" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Scientific name</CHED> <CHED H="1">Common name</CHED> <CHED H="1">Date listed</CHED> </BOXHD> <ROW> <ENT I="01"> <E T="03">Ursus maritimus</E> </ENT> <ENT>Polar bear</ENT> <ENT>Dec. 21, 1972.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Enhydra lutris</E> </ENT> <ENT>Sea otter</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Odobenus rosmarus</E> </ENT> <ENT>Walrus</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Dugong dugon</E> </ENT> <ENT>Dugong</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Trichechus manatus</E> </ENT> <ENT>West Indian manatee</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Trichechus inunguis</E> </ENT> <ENT>Amazonian manatee</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Trichechus senegalensis</E> </ENT> <ENT>West African manatee</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Lutra felina</E> </ENT> <ENT>Marine otter</ENT> <ENT>Mar. 29, 1978.</ENT> </ROW> <TNOTE> <E T="04">Note:</E> Common names given may be at variance with local usage.</TNOTE> </GPOTABLE> <P> <E T="03">Native village or town</E> means any community, association, tribe, band, clan, or group.</P> <P> <E T="03">Pregnant</E> means pregnant near term.</P> <P> <E T="03">Subsistence</E> 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.</P> <P> <E T="03">Take</E> 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.</P> <P> <E T="03">Threatened species</E> means a species of marine mammal listed as “threatened” pursuant to the Endangered Species Act of 1973, 87 Stat. 884, Pub. L. 93-205.</P> <P> <E T="03">Wasteful manner</E> 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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.4</SECTNO> <SUBJECT>Information collection requirements.</SUBJECT> <P>(a) The Office of Management and Budget under 44 U.S.C. 3501 <E T="03">et seq.</E> 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.</P> <P>(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 <PRTPAGE P="8"/>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.</P> <CITA>[62 FR 7329, Feb. 18, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Prohibitions</HD> <SECTION> <SECTNO>§ 18.11</SECTNO> <SUBJECT>Prohibited taking.</SUBJECT> <P>Except as otherwise provided in subpart C, D, or H of this part 18, or part 403, it is unlawful for:</P> <P>(a) Any person, vessel, or conveyance subject to the jurisdiction of the United States to take any marine mammal on the high seas, or</P> <P>(b) Any person, vessel, or conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States.</P> <CITA>[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.12</SECTNO> <SUBJECT>Prohibited importation.</SUBJECT> <P>(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.</P> <P>(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:</P> <P>(1) Marine mammal: (i) Taken in violation of the Act, or</P> <P>(ii) Taken in another country in violation of the laws of that country;</P> <P>(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</P> <P>(ii) The sale in commerce of such product in the country of origin of the product is illegal.</P> <P>(c) Except in accordance with an exception referred to in subpart C and §§ 18.31 and 18.32 of this part, it is unlawful to import into the United States any:</P> <P>(1) Marine mammal which was pregnant at the time of taking;</P> <P>(2) Marine mammal which was nursing at the time of taking, or less than 8 months old, whichever occurs later;</P> <P>(3) Specimen of an endangered or threatened species of marine mammals;</P> <P>(4) Specimen taken from a depleted species or stock of marine mammals; or</P> <P>(5) Marine mammal taken in an inhumane manner.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.13</SECTNO> <SUBJECT>Prohibited uses, possession, transportation, and sales.</SUBJECT> <P>Except as otherwise provided in the Act or these regulations, it is unlawful for:</P> <P>(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;</P> <P>(b) Any person to possess any marine mammal, or product therefrom, taken in violation of the Act or these regulations;</P> <P>(c) Any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product; or</P> <P>(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 <PRTPAGE P="9"/>fishery to achieve the purposes of this Act.</P> <CITA>[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.14</SECTNO> <SUBJECT>Marine mammals taken before the Act.</SUBJECT> <P>(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:</P> <P>(1) The Affiant's name and address;</P> <P>(2) Identification of the Affiant;</P> <P>(3) A description of the marine mammals or marine mammal products which the Affiant desires to import;</P> <P>(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;</P> <P>(5) A statement by the Affiant in the following language: </P> <EXTRACT> <P>The foregoing is principally based on the attached exhibits which, to the best of my knowledge and belief, are complete, true and correct. I understand that this affidavit is being submitted for the purpose of inducing the Federal Government to permit the importation of _____ under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) and regulations promulgated thereunder, and that any false statements may subject me to the criminal penalties of 18 U.S.C. 1001.</P> </EXTRACT> <P>(b) Either one of two exhibits shall be attached to such affidavit, and will contain either:</P> <P>(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</P> <P>(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.</P> <P>(c) Service agents, or Customs officers, may refuse to clear marine mammals or marine mammal products for importation into the United States, pursuant to § 14.53 of this subchapter, until the importer can demonstrate, by production of the affidavit referred in above or otherwise, that section 102(e) of the Act applies to all affected items.</P> <P>(d) This section has no application to any marine mammal or marine mammal product intended to be imported pursuant to § 18.21, § 18.31 or § 18.32 of this part.</P> <CITA>[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—General Exceptions</HD> <SECTION> <SECTNO>§ 18.21</SECTNO> <SUBJECT>Actions permitted by international treaty, convention, or agreement.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.22</SECTNO> <SUBJECT>Taking by Federal, State or local government officials.</SUBJECT> <P>(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:</P> <P>(1) Is accomplished in a humane manner;<PRTPAGE P="10"/> </P> <P>(2) Is for the protection or welfare of such mammal or from the protection of the public health or welfare; and</P> <P>(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.</P> <P>(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:</P> <P>(1) The animal involved;</P> <P>(2) The circumstances requiring the taking;</P> <P>(3) The method of taking;</P> <P>(4) The name and official position of the State official or employee involved;</P> <P>(5) The disposition of the animal, including in cases where the animal has been retained in captivity, a description of the place and means of confinement and the measures taken for its maintenance and care; and</P> <P>(6) Such other information as the Director may require.</P> <FP>The reports shall be mailed to the Director, U.S. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC 20240.</FP> <CITA>[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.23</SECTNO> <SUBJECT>Native exemptions.</SUBJECT> <P>(a) <E T="03">Taking.</E> 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:</P> <P>(1) For subsistence purposes, or</P> <P>(2) For purposes of creating and selling authentic native articles of handicraft and clothing, and</P> <P>(3) In each case, not accomplished in a wasteful manner.</P> <P>(b) <E T="03">Restrictions.</E> (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:</P> <P>(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</P> <P>(ii) It is sold or transferred to a registered agent in Alaska for resale or transfer to an Alaskan Native; or</P> <P>(iii) It is an edible portion and it is sold in an Alaskan Native village or town.</P> <P>(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:</P> <P>(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</P> <P>(ii) It is sold or transferred to a registered agent for resale or transfer to an Indian, Aleut, or Eskimo; or</P> <P>(iii) It has been first transformed into an authentic Native article of handicraft or clothing; or</P> <P>(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.<PRTPAGE P="11"/> </P> <P>(c) The restriction in paragraph (b) shall not apply to parts or products of the Pacific walrus (<E T="03">Odobenis rosmarus</E>) 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.</P> <P>(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:</P> <P>(1) The name and address of the applicant;</P> <P>(2) A description of the applicant's procedures for receiving, storing, processing, and shipping materials;</P> <P>(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;</P> <P>(4) Such other information as the Director may request;</P> <P>(5) A certification in the following language: </P> <EXTRACT> <P>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.</P> </EXTRACT> <P>(6) The signature of the applicant.</P> <FP>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.</FP> <P>(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.</P> <P>(f) <E T="03">Marking, tagging, and reporting.</E> (1) In addition to definitions contained in the Act, 50 CFR 18.3, and 50 CFR 18.27, in this paragraph (f):</P> <P>(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</P> <P>(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.</P> <P>(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 <PRTPAGE P="12"/>properly marked and tagged by, Service personnel or the Service's authorized local representative; except:</P> <P>(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;</P> <P>(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.</P> <P>(3) Those unmarked, untagged, and unreported specified parts of polar bear, walrus, and sea otter, that must be presented to Service personnel or an authorized Service representative for marking, tagging, and reporting are as follows:</P> <P>(i) Polar bear—skin and skull.</P> <P>(ii) Walrus—tusks.</P> <P>(iii) Sea otter—skin and skull.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(9) Pursuant to this paragraph (f), the following specific conditions and provisions apply:</P> <P>(i) Marking, tagging, and reporting of polar bears or specified parts thereof.</P> <P>(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.<PRTPAGE P="13"/> </P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Marking, tagging, and reporting of walrus or specified parts thereof.</P> <P>(A) The paired tusks of the animal(s) must, to the maximum extent practical, accompany each other when presented for marking, tagging, and reporting purposes, except that paired tusks need not be presented together for marking and tagging purposes if taken between December 21, 1972, and the effective date of this regulation.</P> <P>(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.</P> <P>(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.</P> <P>(iii) Marking, tagging, and reporting of sea otter or specified parts thereof.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(11) Possession by any person of marine mammal(s), or any parts thereof, in violation of the provisions and conditions of this § 18.23(f) is subject to punishment under the penalties provided for in section 105(a)(1) of the Act.</P> <P>(12) The information collection requirements contained in this § 18.23(f) have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <E T="03">et seq.</E> 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 <PRTPAGE P="14"/>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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.24</SECTNO> <SUBJECT>Taking incidental to commercial fishing operations.</SUBJECT> <P>Persons may take marine mammals incidental to commercial fishing operations until October 21, 1974: <E T="03">Provided,</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 18.25</SECTNO> <SUBJECT>Exempted marine mammals or marine mammal products.</SUBJECT> <P>(a) The provisions of the Act and these regulations shall not apply:</P> <P>(1) To any marine mammal taken before December 21, 1972, or</P> <P>(2) To any marine mammal product if the marine mammal portion of such product consists solely of a marine mammal taken before such date.</P> <P>(b) The prohibitions contained in § 18.12(c) (3) and (4) shall not apply to marine mammals or marine mammal products imported into the United States before the date on which notice is published in the <E T="04">Federal Register</E> of the proposed rulemaking with respect to the designation of the species of stock concerned as depleted or endangered:</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.26</SECTNO> <SUBJECT>Collection of certain dead marine mammal parts.</SUBJECT> <P>(a) Any bones, teeth or ivory of any dead marine mammal may be collected from a beach or from land within <FR>1/4</FR> of a mile of the ocean. The term “ocean” includes bays and estuaries.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.27</SECTNO> <SUBJECT>Regulations governing small takes of marine mammals incidental to specified activities.</SUBJECT> <P>(a) <E T="03">Purpose of regulations.</E> 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.</P> <P>(b) <E T="03">Scope of regulations.</E> 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 <PRTPAGE P="15"/>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.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>The information collection requirement contained in this § 18.27 has been approved by the Office of Management and Budget under 44 U.S.C. 3501 <E T="03">et seq.</E> 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.</P> <P>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.</P> </NOTE> <P>(c) <E T="03">Definitions.</E> In addition to definitions contained in the Act and in 50 CFR 18.3 and unless the context otherwise requires, in this section:</P> <P> <E T="03">Citizens of the United States</E> and <E T="03">U.S. citizens</E> mean individual U.S. citizens or any corporation or similar entity if it is organized under the laws of the United States or any governmental unit defined in 16 U.S.C. 1362(13). U.S. Federal, State and local government agencies shall also constitute citizens of the United States for purposes of this section.</P> <P> <E T="03">Incidental, but not intentional, taking</E> 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.)</P> <P> <E T="03">Negligible impact</E> 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.</P> <P> <E T="03">Small numbers</E> means a portion of a marine mammal species or stock whose taking would have a negligible impact on that species or stock.</P> <P> <E T="03">Specified activity</E> 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.</P> <P> <E T="03">Specified geographical region</E> means an area within which a specified activity is conducted and which has similar biogeographic characteristics.</P> <P> <E T="03">Unmitigable adverse impact</E> 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.</P> <P>(d) <E T="03">Submission of requests.</E> (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:</P> <P>(i) A description of the specific activity or class of activities that can be expected to result in incidental taking of marine mammals;</P> <P>(ii) The dates and duration of such activity and the specific geographical region where it will occur;</P> <P>(iii) Based upon the best available scientific information;<PRTPAGE P="16"/> </P> <P>(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;</P> <P>(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;</P> <P>(C) The anticipated impact of the activity upon the species or stocks;</P> <P>(D) The anticipated impact of the activity on the availability of the species or stocks for subsistence uses;</P> <P>(iv) The anticipated impact of the activity upon the habitat of the marine mammal populations and the likelihood of restoration of the affected habitat;</P> <P>(v) The anticipated impact of the loss or modification of the habitat on the marine mammal population involved;</P> <P>(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.);</P> <P>(vii) Suggested means of accomplishing the necessary monitoring and reporting which will result in increased knowledge of the species through an analysis of the level of taking or impacts and suggested means of minimizing burdens by coordinating such reporting requirements with other schemes already applicable to persons conducting such activity; and</P> <P>(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.</P> <P>(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 <E T="04">Federal Register,</E> 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.</P> <P>(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.</P> <P>(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 <E T="04">Federal Register</E> the negative finding along with the basis for denying the request.</P> <P>(e) <E T="03">Specific regulations.</E> (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.</P> <P>(2) Regulations will be established based on the best available scientific <PRTPAGE P="17"/>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.</P> <P>(f) <E T="03">Letters of Authorization.</E> (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.</P> <P>(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.</P> <P>(3) Notice of issuance of all Letters of Authorization will be published in the <E T="04">Federal Register</E> within 30 days of issuance.</P> <P>(4) Letters of Authorization will specify the period of validity and any additional terms and conditions appropriate for the specific request.</P> <P>(5) Letters of Authorization shall be withdrawn or suspended, either on an individual or class basis, as appropriate, if, after notice and opportunity for public comment, the Director determines: (i) The regulations prescribed are not being substantially complied with, or (ii) the taking allowed is having, or may have, more than a negligible impact on the species or stock, or where relevant, an unmitigable adverse impact on the availability of the species or stock for subsistence uses.</P> <P>(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.</P> <P>(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).</P> <CITA>[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]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Special Exceptions</HD> <SECTION> <SECTNO>§ 18.30</SECTNO> <SUBJECT>Polar bear sport-hunted trophy import permits.</SUBJECT> <P>(a) <E T="03">Application procedure.</E> 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:</P> <P>(1) Certification that:</P> <P>(i) You or the deceased hunter took the polar bear as a personal sport-hunted trophy;</P> <P>(ii) You will use the trophy only for personal display purposes;</P> <P>(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</P> <P>(iv) For a polar bear taken after April 30, 1994, you made sure the gall bladder and its contents were destroyed;</P> <P>(2) Name and address of the person in the United States receiving the polar bear trophy if other than yourself;</P> <P>(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;</P> <P>(4) Proof that you or the decedent legally harvested the polar bear in Canada as shown by one of the following:</P> <P>(i) A copy of the Northwest Territories (NWT) or Nunavut Territory hunting license and tag number;<PRTPAGE P="18"/> </P> <P>(ii) A copy of the Canadian CITES export permit that identifies the polar bear by hunting license and tag number;</P> <P>(iii) A copy of the NWT or Nunavut Territory export permit; or</P> <P>(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;</P> <P>(5) An itemized description of the polar bear parts you wish to import, including size and the sex of the polar bear;</P> <P>(6) The month and year the polar bear was sport hunted;</P> <P>(7) The location (nearest settlement or community) where the bear was sport hunted;</P> <P>(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</P> <P>(9) For a female bear, bear of unknown sex, or male bear that is less than 6 feet in length (from tip of nose to the base of the tail) that was taken prior to the 1996/97 NWT polar bear harvest season, available documentation to show that the bear was not nursing, including, but not limited to, documentation, such as a certification from the NWT, that the bear was not taken while part of a family group.</P> <P>(b) <E T="03">Definitions.</E> In addition to the definitions in this paragraph, the definitions in 50 CFR 10.12, 18.3, and 23.3 apply to this section.</P> <P>(1) <E T="03">Sport-hunted trophy</E> 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.</P> <P>(2) <E T="03">Management agreement</E> 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.</P> <P>(c) <E T="03">Procedures for issuance of permits and modification, suspension or revocation of permits.</E> We, the Service, shall suspend, modify or revoke permits issued under this section:</P> <P>(1) In accordance with regulations contained in § 18.33; and</P> <P>(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.</P> <P>(d) <E T="03">Issuance criteria.</E> 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:</P> <P>(1) You previously imported the specimen into the United States without a permit;</P> <P>(2) The specimen meets the definition of a sport-hunted trophy in paragraph (b) of this section;</P> <P>(3) You legally harvested the polar bear in Canada;</P> <P>(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;</P> <P>(5) Canada has a sport-hunting program, based on scientifically sound quotas, ensuring the maintenance of the affected population at a sustainable level; and</P> <P>(6) The export and subsequent import:<PRTPAGE P="19"/> </P> <P>(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</P> <P>(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.</P> <P>(e) <E T="03">Additional permit conditions.</E> Your permit to import a sport-hunted trophy of a polar bear taken in Canada is subject to the permit conditions outlined in § 18.31(d) and the following additional permit conditions:</P> <P>(1) You, the permittee, may not import internal organs of the polar bear, including the gall bladder;</P> <P>(2) After import you may not alter or use the trophy in a manner inconsistent with the definition of a sport-hunted polar bear trophy as given in § 18.30(b);</P> <P>(3) You may not import a sport-hunted trophy if the polar bear at the time you or the decedent took it was:</P> <P>(i) A nursing bear or a female with nursing young (i.e., part of a family group);</P> <P>(ii) A pregnant female; or</P> <P>(iii) A bear moving into a den or in a den;</P> <P>(4) You must present to Service personnel at the time of import a valid CITES document from the country of export or re-export;</P> <P>(5) You must comply with the following import procedures:</P> <P>(i) Import the sport-hunted trophy through a designated port for wildlife imports (see § 14.12 of this subchapter) during regular business hours, except for full mount trophies that have been granted an exception to designated port permit requirements under § 14.32 of this subchapter;</P> <P>(ii) Not send the trophy through the international mail; and</P> <P>(iii) Notify Service personnel at the port at least 48 hours before the import (see § 14.54 of this subchapter) and make arrangements for Service personnel to affix a tag in accordance with paragraph (e)(7) of this section prior to being cleared (see § 14.52 of this subchapter);</P> <P>(6) You must import all parts of a single trophy at the same time;</P> <P>(7) The following tagging/marking procedures apply:</P> <P>(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</P> <P>(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</P> <P>(8) If the tag comes off the hide, you must within 30 days:</P> <P>(i) Contact the nearest Service office at a designated port or a Law Enforcement office as given in § 10.22 of this subchapter to schedule a time to present the trophy for retagging;</P> <P>(ii) Provide as proof that the trophy had been tagged and legally imported a copy of the:</P> <P>(A) Canceled CITES export permit or re-export certificate;</P> <P>(B) Canceled U.S. import permit issued under this section; or</P> <P>(C) Cleared wildlife declaration form (3-177); and</P> <P>(iii) Present either the broken tag, or if the tag was lost, a signed written explanation of how and when the tag was lost.</P> <P>(f) <E T="03">Duration of permits.</E> The permit will be valid for no more than one year from the date of issuance.</P> <P>(g) <E T="03">Fees.</E> (1) You must pay the standard permit processing fee as given in § 13.11(4) when filing an application.</P> <P>(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.</P> <P>(h) <E T="03">Scientific review.</E> (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.</P> <P>(i) The review will provide an opportunity for public comment and include <PRTPAGE P="20"/>a response to the public comment in the final report; and</P> <P>(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</P> <P>(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.</P> <P>(i) <E T="03">Findings.</E> Polar bear sport-hunted trophies may only be imported after issuance of an import permit, and in accordance with the following findings and conditions:</P> <P>(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:</P> <P>(i) For the Southern Beaufort Sea population, no bears are taken west of the equidistant line of the Beaufort Sea;</P> <P>(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</P> <P>(iii) For all populations, management agreements among all management entities with scientifically sound quotas are in place; and</P> <P>(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:</P> <P>(i) From an approved population listed in paragraph (i)(1); and</P> <P>(ii) The issuance criteria of paragraph (d) (1), (2), (3), and (6) of this section are met.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.31</SECTNO> <SUBJECT>Scientific research permits and public display permits.</SUBJECT> <P>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.</P> <P>(a) <E T="03">Application procedure.</E> Applications for permits to take and import marine mammals for scientific research purposes or for public display shall be submitted to the Director. Each such application must contain the general information and certification required by § 13.12(a) of this subchapter plus the following additional information:</P> <P>(1) A statement of the purpose, date, location and manner of the taking or importation;</P> <P>(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;</P> <P>(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 <PRTPAGE P="21"/>adequate to provide for the well-being of the animal;</P> <P>(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;</P> <P>(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</P> <P>(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.</P> <P>(b) <E T="03">Review by Marine Mammal Commission.</E> Upon receipt of an application the Director shall forward the application to the Marine Mammal Commission together with a request for the recommendations of the Commission and the Committee of Scientific Advisors on Marine Mammals. In order to comply with the time limits provided in these regulations, the Director shall request that such recommendation be submitted within 30 days of receipt of the application by the Commission. If the Commission or the Committee, as the case may be, does not respond within 30 days from the receipt of such application by the Commission, the Director shall advise the Commission in writing that failure to respond within 45 days from original receipt of the application (or such longer time as the Director may establish) shall be considered as a recommendation from the Commission and the Committee that the permit be issued. The Director may also consult with any other person, institution or agency concerning the application.</P> <P>(c) <E T="03">Issuance criteria.</E> Permits applied for under this section shall be issued, suspended, modified and revoked pursuant to regulations contained in § 18.33. In determining whether to issue a scientific research permit, the Director shall consider whether the proposed taking or importation will be consistent with the policies and purposes of the Act; and whether the granting of the permit is required to further a bona fide and necessary or desirable scientific purpose, taking into account the benefits anticipated to be derived from the scientific research contemplated and the effect of the purposed taking or importation on the population stock and the marine ecosystem. In determining whether to issue a public display permit, the Director shall consider whether the proposed taking or importation will be consistent with the policies and purposes of the Act; whether a substantial public benefit will be gained from the display contemplated, taking into account the manner of the display and the anticipated audience on the one hand, and the effect of the proposed taking or importation on the population stocks of the marine mammal in question and the marine ecosystem on the other; and the applicant's qualifications for the proper care and maintenance of the marine mammal or the marine mammal product, and the adequacy of his facilities.</P> <P>(d) <E T="03">Additional permit conditions.</E> 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:</P> <P>(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:</P> <P>(i) The time of the authorized taking or importation;</P> <P>(ii) The period of any transit of such person or agent which is incidental to such taking or importation; and<PRTPAGE P="22"/> </P> <P>(iii) Any other time while any marine mammal taken or imported under such permit is in the possession of such person or agent.</P> <P>(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.</P> <P>(e) <E T="03">Tenure of permits.</E> The tenure of permits for scientific research or public display shall be designated on the face of the permit.</P> </SECTION> <SECTION> <SECTNO>§ 18.32</SECTNO> <SUBJECT>Waiver of the moratorium.</SUBJECT> <P>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.</P> <CITA>[40 FR 59442, Dec. 24, 1975]</CITA> </SECTION> <SECTION> <SECTNO>§ 18.33</SECTNO> <SUBJECT>Procedures for issuance of permits and modification, suspension, or revocation thereof.</SUBJECT> <P>(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 <E T="04">Federal Register.</E> 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.</P> <P>(b) If the request for a hearing is made within the 30-day period referred to in paragraph (a) of this section, or if the director determines that a hearing would otherwise be advisable, the director may, within 60 days after the date of publication of the notice referred to in paragraph (a) of this section, afford to such requesting party or parties an opportunity for a hearing. Such hearing shall also be open to participation by any interested members of the public. Notice of the date, time, and place of such hearing shall be published in the <E T="04">Federal Register</E> 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.</P> <P>(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 <E T="04">Federal Register</E> 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.</P> <P>(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:</P> <P>(1) The action proposed to be taken along with a summary of the reasons therefor;</P> <P>(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</P> <P>(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 <PRTPAGE P="23"/>material, data, views, comments, arguments, and exhibits at the hearing. A summary record shall be kept of any such hearing.</P> <P>(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 <E T="04">Federal Register</E> 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 <E T="04">Federal Register</E>.</P> </SECTION> </SUBPART> <SUBPART> <RESERVED>Subpart E—Depleted Species or Stocks [Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Transfer of Management Authority to States</HD> <NOTE> <HD SOURCE="HED">Note:</HD> <P>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.</P> </NOTE> <CITA>[48 FR 22456, May 18, 1983]</CITA> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Notice and Hearing on Section 103 Regulations</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>41 FR 5396, Feb. 6, 1976, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 18.70</SECTNO> <SUBJECT>Basis and purpose.</SUBJECT> <P>(a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and 1371(b)) and these regulations authorize the Director, U.S. Fish and Wildlife Service, to: (1) Impose regulations governing the taking of marine mammals incidental to commercial fishing operations; (2) waive the moratorium and adopt regulations with respect to the taking and importing of animals from each species of marine mammals under his jurisdiction; and (3) prescribe regulations governing the taking of depleted marine mammals by any Indian, Aleut or Eskimo, respectively. In prescribing regulations to carry out the provisions of said sections, the act refers the Director to section 103 (16 U.S.C. 1373). In accordance with section 103(d), regulations must be made on the record after opportunity for an agency hearing on such regulations and, in the case of a waiver, on the determination by the Director to waive the moratorium pursuant to section 101(a)(3)(A) (16 U.S.C. 1371(a)(3)(A)).</P> <P>(b) [Reserved]</P> </SECTION> <SECTION> <SECTNO>§ 18.71</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Definitions shall be the same as in subpart A of this part except as follows:</P> <P>(a) <E T="03">Party</E> means for the purposes of this subpart:</P> <P>(1) The Director or his representative; or</P> <P>(2) A person who has notified the Director by specified dates of his or her intent to participate in the hearing pursuant to §§ 18.75 and 18.84(b).</P> <P>(b) <E T="03">Presiding officer</E> 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.</P> <P>(c) <E T="03">Witness</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 18.72</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.73</SECTNO> <SUBJECT>Burden of proof.</SUBJECT> <P>The proponents of the proposed regulations and waiver must demonstrate that any taking or importation of any marine mammal under such proposed <PRTPAGE P="24"/>regulations and waiver would be consistent with the act.</P> </SECTION> <SECTION> <SECTNO>§ 18.74</SECTNO> <SUBJECT>Notice of hearing.</SUBJECT> <P>(a) A notice of hearing on any proposed regulations shall be published in the <E T="04">Federal Register,</E> 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.</P> <P>(b) The notice shall state:</P> <P>(1) The nature of the hearing;</P> <P>(2) The place and date of the hearing. The date shall not be less than 60 days after publication of notice of the hearing;</P> <P>(3) The legal authority under which the hearing is to be held;</P> <P>(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));</P> <P>(5) Issues of fact which may be involved in the hearing;</P> <P>(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;</P> <P>(7) Any written advice received from the Marine Mammal Commission;</P> <P>(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;</P> <P>(9) The final date for filing with the Director a notice of intent to participate in the hearing pursuant to § 18.75;</P> <P>(10) The final date for submission of direct testimony on the proposed regulations and waiver, if applicable, and the number of copies required;</P> <P>(11) The docket number assigned to the case which shall be used in all subsequent proceedings; and</P> <P>(12) The place and date of the prehearing conference.</P> </SECTION> <SECTION> <SECTNO>§ 18.75</SECTNO> <SUBJECT>Notification by interested persons.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.76</SECTNO> <SUBJECT>Presiding officer.</SUBJECT> <P>(a) Upon publication of the notice of hearing pursuant to § 18.74, the Office of Hearings and Appeals shall appoint a presiding officer pursuant to 5 U.S.C. 3105. No individual who has any conflict of interest, financial or otherwise, shall serve as presiding officer in such proceeding.</P> <P>(b) The presiding officer, in any proceeding under this subpart, shall have power to:</P> <P>(1) Change the time and place of the hearing and adjourn the hearing;</P> <P>(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 <E T="04">Federal Register</E> a final hearing agenda;</P> <P>(3) Rule upon motions, requests and admissibility of direct testimony;</P> <P>(4) Administer oaths and affirmations, question witnesses and direct witnesses to testify;</P> <P>(5) Modify or waive any rule (after notice) when determining no party will be prejudiced;</P> <P>(6) Receive written comments and hear oral arguments;</P> <P>(7) Render a recommended decision; and</P> <P>(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.</P> <P>(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.</P> <P>(d) The presiding officer shall withdraw from the proceeding upon his own motion or upon the filing of a motion by a party under § 18.76(e) if he deems himself disqualified under recognized canons of judicial ethics.</P> <P>(e) A presiding officer may be requested to withdraw at any time prior to the recommended decision. If there <PRTPAGE P="25"/>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.77</SECTNO> <SUBJECT>Direct testimony submitted as written documents.</SUBJECT> <P>(a) Unless otherwise specified, all direct testimony, including accompanying exhibits, must be submitted to the presiding officer in writing no later than the dates specified in the notice of the hearing (§ 18.74), the prehearing order (§ 18.82), or within 15 days after the conclusion of the prehearing conference (§ 18.84) as the case may be. All direct testimony, referred to in the affidavit and made a part thereof, must be attached to the affidavit. Direct testimony submitted with exhibits must state the issue to which the exhibit relates; if no such statement is made, the presiding officer shall determine the relevance of the exhibit to the issues published in the <E T="04">Federal Register</E>.</P> <P>(b) The direct testimony submitted shall contain:</P> <P>(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</P> <P>(2) Facts that are relevant and material.</P> <P>(c) The direct testimony may propose issues of fact not defined in the notice of the hearing and the reason(s) why such issues should be considered at the hearing.</P> <P>(d) Ten copies of all direct testimony must be submitted unless the notice of the hearing otherwise specifies.</P> <P>(e) Upon receipt, direct testimony shall be assigned a number and stamped with that number and the docket number.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.78</SECTNO> <SUBJECT>Mailing address.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.79</SECTNO> <SUBJECT>Inspection and copying of documents.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.80</SECTNO> <SUBJECT>Ex parte communications.</SUBJECT> <P>(a) After notice of a hearing is published in the <E T="04">Federal Register,</E> 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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <PRTPAGE P="26"/> <SECTNO>§ 18.81</SECTNO> <SUBJECT>Prehearing conference.</SUBJECT> <P>(a) After an examination of all the direct testimony submitted pursuant to § 18.77, the presiding officer shall make a preliminary determination of issues of fact which may be addressed at the hearing.</P> <P>(b) The presiding officer's preliminary determination shall be made available at the place or places provided in the notice of the hearing (§ 18.74(b)(8)) at least five days before the prehearing conference is held.</P> <P>(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:</P> <P>(1) Whether the presiding officer's preliminary determination of issues of fact for the hearing has omitted any significant issues;</P> <P>(2) What facts are not in dispute;</P> <P>(3) Which witnesses may appear at the hearing; and</P> <P>(4) The nature of the interest of each party and which parties' interests are adverse.</P> <P>(d) Only parties may participate in the prehearing conference, and a party may appear in person or be represented by counsel.</P> </SECTION> <SECTION> <SECTNO>§ 18.82</SECTNO> <SUBJECT>Prehearing order.</SUBJECT> <P>(a) After the prehearing conference, the presiding officer shall prepare a prehearing order which shall be published in the <E T="04">Federal Register</E> within ten days after the conclusion of the conference. A copy of the prehearing order shall be mailed to all Parties.</P> <P>(b) The prehearing order shall list: (1) All the issues which the hearing shall address, the order in which those issues shall be presented, and the direct testimony submitted which bears on the issues; and (2) a final date for submission of direct testimony on issues of fact not included in the notice of hearing if such issues are presented. The prehearing order may also specify a final date for submission of direct testimony to rebut testimony previously submitted during the time specified in the notice of the hearing.</P> <P>(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.</P> <P>(d) All parties shall be bound by the prehearing order.</P> </SECTION> <SECTION> <SECTNO>§ 18.83</SECTNO> <SUBJECT>Determination to cancel the hearing.</SUBJECT> <P>(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 <E T="04">Federal Register</E> 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.</P> <P>(b) Promptly after oral argument, if any, the presiding officer shall make a recommended decision based on the record, which in this case shall consist of the direct testimony and any oral argument presented. He shall transmit to the Director his recommended decision, the record and a certificate stating that the record contains all the written direct testimony. The Director shall then make a final decision in accordance with these regulations (§ 18.91).</P> </SECTION> <SECTION> <SECTNO>§ 18.84</SECTNO> <SUBJECT>Rebuttal testimony and new issues of fact in prehearing order.</SUBJECT> <P>(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.</P> <P>(b) If the prehearing order presents issues not included in the notice of the hearing published pursuant to § 18.74:</P> <P>(1) Any person interested in participating at the hearing on such issues presented shall notify the Director by certified mail of an intent to participate not later than ten days after publication of the prehearing order. Such person may present direct testimony or cross-examine witnesses only on such issues presented unless he previously notified the Director pursuant to § 18.75; and</P> <P>(2) Additional written direct testimony concerning such issues may be <PRTPAGE P="27"/>submitted within the time provided in the prehearing order. Such direct testimony will comply with the requirements of § 18.77.</P> </SECTION> <SECTION> <SECTNO>§ 18.85</SECTNO> <SUBJECT>Waiver of right to participate.</SUBJECT> <P>Any person who fails to notify the Director of his intent to participate pursuant to § 18.75 or § 18.84 shall be deemed to have waived his right to participate as a party.</P> </SECTION> <SECTION> <SECTNO>§ 18.86</SECTNO> <SUBJECT>Conduct of the hearing.</SUBJECT> <P>(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 <E T="04">Federal Register</E> 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.</P> <P>(b) The presiding officer shall, at the commencement of the hearing, introduce into the record the notice of hearing as published in the <E T="04">Federal Register,</E> all subsequent notices published in the <E T="04">Federal Register,</E> the Environmental Impact Statement if it is required and the comments thereon and agency responses to the comments, and a list of all parties. Direct testimony shall then be received with respect to the matters specified in the prehearing order in such order as the presiding officer shall announce. With respect to direct testimony submitted as rebuttal testimony or in response to new issues presented by the prehearing conference, the presiding officer shall determine the relevancy of such testimony.</P> <P>(c) The hearing shall be publicly conducted and reported verbatim by an official reporter.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.87</SECTNO> <SUBJECT>Direct testimony.</SUBJECT> <P>(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.</P> <P>(b) The witness introducing direct testimony shall:</P> <P>(1) State his name, address and occupation;</P> <P>(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;</P> <P>(3) Identify the direct testimony previously submitted in accordance with these regulations; and</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="28"/>that such facts are inaccurate or are erroneously noticed.</P> </SECTION> <SECTION> <SECTNO>§ 18.88</SECTNO> <SUBJECT>Cross-examination.</SUBJECT> <P>(a) The presiding officer may:</P> <P>(1) Require the cross-examiner to outline the intended scope of the examination; and</P> <P>(2) Exclude cross-examination questions that are immaterial, irrelevant or unduly repetitious.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.89</SECTNO> <SUBJECT>Oral and written arguments.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) Oral or written arguments shall be limited to issues arising from direct testimony on the record.</P> </SECTION> <SECTION> <SECTNO>§ 18.90</SECTNO> <SUBJECT>Recommended decision, certification of the transcript and submission of comments on the recommended decision.</SUBJECT> <P>(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:</P> <P>(1) A statement containing a description of the history of the proceedings;</P> <P>(2) Findings on the issues of fact with the reasons therefor; and</P> <P>(3) Rulings on issues of law.</P> <P>(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.</P> <P>(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 <E T="04">Federal Register</E> a notice of the receipt of the recommended decision by the Director. The notice shall include:</P> <P>(1) A summary of the recommended decision;</P> <P>(2) A statement that any interested person may file written comments on the recommended decision with the Director by a specified date;</P> <P>(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</P> <P>(4) The time(s) and place(s) where the recommended decision may be inspected and/or copied by interested persons.</P> <P>(d) Within thirty days after the notice of receipt of the recommended decision has been published in the <E T="04">Federal Register,</E> any interested person may file with the Director any written <PRTPAGE P="29"/>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.91</SECTNO> <SUBJECT>Director's decision.</SUBJECT> <P>(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.</P> <P>(b) The Director's decision shall include:</P> <P>(1) A statement containing a description of the history of the proceeding;</P> <P>(2) Findings on the issues of fact with the reasons therefor;</P> <P>(3) Rulings on issues of law; and</P> <P>(4) Any other relevant information which the Director deems appropriate.</P> <P>(c) The Director's decision shall be published in the <E T="04">Federal Register.</E> If the waiver is approved, the final adopted regulations shall be promulgated with the decision, or as soon thereafter as practicable.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Waiver of Moratorium on Taking and Importation of Individual Marine Mammal Species</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>41 FR 14373, Apr. 5, 1976, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 18.92</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.93</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <P>(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.</P> <P>(b) The provisions of this subpart, unless specifically stated, apply to all taking and/or importation of each species of marine mammal for which the moratorium has been waived other than takings for scientific research or public display, which are governed by § 18.31 of this part, or takings incidental to commercial fishing operations which are governed by § 18.24.</P> </SECTION> <SECTION> <SECTNO>§ 18.94</SECTNO> <SUBJECT>Pacific walrus (Alaska).</SUBJECT> <P>(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 (<E T="03">Odobenus rosmarus</E>) 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.</P> <P>(b) [Reserved]</P> <CITA>[41 FR 14373, Apr. 5, 1976, as amended at 44 FR 45566, Aug. 2, 1979]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Nonlethal Taking of Pacific Walruses and Polar Bears Incidental to Oil and Gas Exploration Activities in the Chukchi Sea and Adjacent Coast of Alaska</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>73 FR 33250, June 11, 2008, unless otherwise noted.</P> </SOURCE> <EFFDNOT> <PRTPAGE P="30"/> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 73 FR 33250, June 11, 2008, Subpart I was added, effective through June 11, 2013.</P> </EFFDNOT> <SECTION> <SECTNO>§ 18.111</SECTNO> <SUBJECT>What specified activities does this subpart cover?</SUBJECT> <P>Regulations in this subpart apply to the nonlethal incidental, but not intentional, take of small numbers of Pacific walruses and polar bears by you (U.S. citizens as defined in § 18.27(c)) while engaged in oil and gas exploration activities in the Chukchi Sea and adjacent western coast of Alaska.</P> </SECTION> <SECTION> <SECTNO>§ 18.112</SECTNO> <SUBJECT>In what specified geographic region does this subpart apply?</SUBJECT> <P>This subpart applies to the specified geographic region defined as the continental shelf of the Arctic Ocean adjacent to western Alaska. This area includes the waters (State of Alaska and Outer Continental Shelf waters) and seabed of the Chukchi Sea, which encompasses all waters north and west of Point Hope (68°20′20″ N, −166°50′40″ W, BGN 1947) to the U.S.-Russia Convention Line of 1867, west of a north-south line through Point Barrow (71°23′29″ N, −156° 28′30″ W, BGN 1944), and up to 200 miles north of Point Barrow. The region also includes the terrestrial coastal land 25 miles inland between the western boundary of the south National Petroleum Reserve-Alaska (NPR-A) near Icy Cape (70°20′00″ N, −148°12′00″ W) and the north-south line from Point Barrow. This terrestrial region encompasses a portion of the Northwest and South Planning Areas of the NPR-A. Figure 1 shows the area where this subpart applies.</P> <GPH DEEP="253" SPAN="2"> <GID>ER11jn08.001</GID> </GPH> <P>Figure 1: The geographic area of the Chukchi Sea and onshore coastal areas covered by the incidental take regulations.</P> </SECTION> <SECTION> <SECTNO>§ 18.113</SECTNO> <SUBJECT>When is this subpart effective?</SUBJECT> <P>Regulations in this subpart are effective from June 11, 2008 through June 11, <PRTPAGE P="31"/>2013 for year-round oil and gas exploration activities.</P> </SECTION> <SECTION> <SECTNO>§ 18.114</SECTNO> <SUBJECT>How do I obtain a Letter of Authorization?</SUBJECT> <P>(a) You must be a U.S. citizen as defined in § 18.27(c).</P> <P>(b) If you are conducting an oil and gas exploration activity in the specified geographic region described in § 18.112 that may cause the taking of Pacific walruses (walruses) or polar bears and you want nonlethal incidental take authorization under this rule, you must apply for a Letter of Authorization for each exploration activity. 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.</P> <P>(c) Your application for a Letter of Authorization must include the following information:</P> <P>(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.</P> <P>(2) A site-specific plan to monitor and mitigate the effects of the proposed activity on walruses and polar bears encountered during the ongoing activities, i.e., a marine mammal monitoring and mitigation plan. Your monitoring program must document the effects on these marine mammals and estimate the actual level and type of take. The monitoring requirements will vary depending on the activity, the location, and the time of year.</P> <P>(3) A site-specific polar bear awareness and interaction plan, i.e., a polar bear interaction plan.</P> <P>(4) A record of community consultation. Applicants must consult with potentially affected subsistence communities along the Chukchi Sea coast (Point Hope, Point Lay, Wainwright, and Barrow) and appropriate subsistence user organizations (the Eskimo Walrus Commission and the Alaska Nanuuq (polar bear) Commission) to discuss the location, timing, and methods of proposed operations and support activities and identify any potential conflicts with subsistence walrus and polar bear hunting activities in the communities. Applications for Letters of Authorization must include documentation of all consultations with potentially affected user groups. Documentation must include a summary of any concerns identified by community members and hunter organizations, and the applicant's responses to identified concerns. Mitigation measures are described in § 18.118.</P> </SECTION> <SECTION> <SECTNO>§ 18.115</SECTNO> <SUBJECT>What criteria does the Service use to evaluate Letter of Authorization requests?</SUBJECT> <P>(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 considering the number of animals likely to be taken and evaluating whether there will be a negligible impact on the species or adverse impact on the availability of the species 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.</P> <P>(b) In accordance with § 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.</P> <P>(c) The requirement for notice and public comment in paragraph (b) of this section will not apply if we determine that an emergency exists that poses a significant risk to the well-being of species or stocks of walruses or polar bears.</P> </SECTION> <SECTION> <SECTNO>§ 18.116</SECTNO> <SUBJECT>What does a Letter of Authorization allow?</SUBJECT> <P>(a) Your Letter of Authorization may allow the nonlethal incidental, but not intentional, take of walruses and polar bears when you are carrying out one or more of the following activities:</P> <P>(1) Conducting geological and geophysical surveys and associated activities;</P> <P>(2) Drilling exploratory wells and associated activities; or<PRTPAGE P="32"/> </P> <P>(3) Conducting environmental monitoring activities associated with exploration activities to determine specific impacts of each activity.</P> <P>(b) Each Letter of Authorization will identify conditions or methods that are specific to the activity and location.</P> </SECTION> <SECTION> <SECTNO>§ 18.117</SECTNO> <SUBJECT>What activities are prohibited?</SUBJECT> <P>(a) Intentional take and lethal incidental take of walruses or polar bears; and</P> <P>(b) Any take that fails to comply with this part or with the terms and conditions of your Letter of Authorization.</P> </SECTION> <SECTION> <SECTNO>§ 18.118</SECTNO> <SUBJECT>What are the mitigation, monitoring, and reporting requirements?</SUBJECT> <P>(a) <E T="03">Mitigation.</E> Holders of a Letter of Authorization must use methods and conduct activities in a manner that minimizes to the greatest extent practicable adverse impacts on walruses and polar bears, their habitat, and on the availability of these marine mammals for subsistence uses. Dynamic management approaches, such as temporal or spatial limitations in response to the presence of marine mammals in a particular place or time or the occurrence of marine mammals engaged in a particularly sensitive activity (such as feeding), must be used to avoid or minimize interactions with polar bears, walruses, and subsistence users of these resources.</P> <P>(1) <E T="03">Operating conditions for operational and support vessels.</E> </P> <P>(i) Operational and support vessels must be staffed with dedicated marine mammal observers to alert crew of the presence of walruses and polar bears and initiate adaptive mitigation responses.</P> <P>(ii) At all times, vessels must maintain the maximum distance possible from concentrations of walruses or polar bears. Under no circumstances, other than an emergency, should any vessel approach within a 805-m (0.5-mi) radius of walruses or polar bears observed on land or ice.</P> <P>(iii) Vessel operators must take every precaution to avoid harassment of concentrations of feeding walruses when a vessel is operating near these animals. Vessels should reduce speed and maintain a minimum 805-m (0.5-mi) operational exclusion zone around feeding walrus groups. Vessels may not be operated in such a way as to separate members of a group of walruses from other members of the group. When weather conditions require, such as when visibility drops, vessels should adjust speed accordingly to avoid the likelihood of injury to walruses.</P> <P>(iv) The transit of operational and support vessels through the specified geographic region is not authorized prior to July 1. This operating condition is intended to allow walruses the opportunity to disperse from the confines of the spring lead system and minimize interactions with subsistence walrus hunters. Exemption waivers to this operating condition may be issued by the Service on a case-by-case basis, based upon a review of seasonal ice conditions and available information on walrus and polar bear distributions in the area of interest.</P> <P>(v) All vessels must avoid areas of active or anticipated subsistence hunting for walrus or polar bear as determined through community consultations.</P> <P>(2) <E T="03">Operating conditions for aircraft.</E> </P> <P>(i) Operators of support aircraft should, at all times, conduct their activities at the maximum distance possible from concentrations of walruses or polar bears.</P> <P>(ii) Under no circumstances, other than an emergency, should aircraft operate at an altitude lower than 305 m (1,000 ft) within 805 m (0.5 mi) of walruses or polar bears observed on ice or land. Helicopters may not hover or circle above such areas or within 805 m (0.5 mile) of such areas. When weather conditions do not allow a 305-m (1,000-ft) flying altitude, such as during severe storms or when cloud cover is low, aircraft may be operated below the 305-m (1,000-ft) altitude stipulated above. However, when aircraft are operated at altitudes below 305 m (1,000 ft) because of weather conditions, the operator must avoid areas of known walrus and polar bear concentrations and should take precautions to avoid flying directly over or within 805 m (0.5 mile) of these areas.</P> <P>(iii) Plan all aircraft routes to minimize any potential conflict with active or anticipated walrus or polar bear <PRTPAGE P="33"/>hunting activity as determined through community consultations.</P> <P>(3) <E T="03">Additional mitigation measures for offshore exploration activities.</E> </P> <P>(i) Offshore exploration activities will be authorized only during the open-water season, defined as the period July 1 to November 30. Exemption waivers to the specified open-water season may be issued by the Service on a case-by-case basis, based upon a review of seasonal ice conditions and available information on walrus and polar bear distributions in the area of interest.</P> <P>(ii) To avoid significant additive and synergistic effects from multiple oil and gas exploration activities on foraging or migrating walruses, operators must maintain a minimum spacing of 24 km (15 mi) between all active seismic-source vessels and/or exploratory drilling operations. No more than four simultaneous seismic operations will be authorized in the Chukchi Sea region at any time.</P> <P>(iii) No offshore exploration activities will be authorized within a 64-km (40-mi) radius of the communities of Barrow, Wainwright, Point Lay, or Point Hope, unless provided for in a Service-approved, site-specific Plan of Cooperation as described in paragraph (a)(6) of this section.</P> <P>(iv) Aerial monitoring surveys or an equivalent monitoring program acceptable to the Service will be required to estimate the number of walruses and polar bears in a proposed project area.</P> <P>(4) <E T="03">Additional mitigation measures for offshore seismic surveys.</E> Any offshore exploration activity expected to include the production of pulsed underwater sounds with sound source levels ≥160 dB re 1 µPa will be required to establish and monitor acoustic exclusion and disturbance zones and implement adaptive mitigation measures as follows:</P> <P>(i) <E T="03">Monitor zones.</E> Establish and monitor with trained marine mammal observers an acoustically verified exclusion zone for walruses surrounding seismic airgun arrays where the received level would be ≥180 dB re 1 µPa; an acoustically verified exclusion zone for polar bear surrounding seismic airgun arrays where the received level would be ≥190 dB re 1 µPa; and an acoustically verified walrus disturbance zone ahead of and perpendicular to the seismic vessel track where the received level would be ≥160 dB re 1 µPa.</P> <P>(ii) <E T="03">Ramp-up procedures.</E> For all seismic surveys, including airgun testing, use the following ramp-up procedures to allow marine mammals to depart the exclusion zone before seismic surveying begins:</P> <P>(A) Visually monitor the exclusion zone and adjacent waters for the absence of polar bears and walruses for at least 30 minutes before initiating ramp-up procedures. If no polar bears or walruses are detected, you may initiate ramp-up procedures. Do not initiate ramp-up procedures at night or when you cannot visually monitor the exclusion zone for marine mammals.</P> <P>(B) Initiate ramp-up procedures by firing a single airgun. The preferred airgun to begin with should be the smallest airgun, in terms of energy output (dB) and volume (in<SU>3</SU>).</P> <P>(C) Continue ramp-up by gradually activating additional airguns over a period of at least 20 minutes, but no longer than 40 minutes, until the desired operating level of the airgun array is obtained.</P> <P>(iii) <E T="03">Power down/Shut down.</E>—Immediately power down or shut down the seismic airgun array and/or other acoustic sources whenever any walruses are sighted approaching close to or within the area delineated by the 180-dB re 1 µPa walrus exclusion zone, or polar bears are sighted approaching close to or within the area delineated by the 190-dB re 1 µPa polar bear exclusion zone. If the power down operation cannot reduce the received sound pressure level to 180-dB re 1 µPa (walrus) or 190-dB re 1 µPa (polar bears), the operator must immediately shut down the seismic airgun array and/or other acoustic sources.</P> <P>(iv) <E T="03">Emergency shut down.</E>—If observations are made or credible reports are received that one or more walruses and/or polar bears are within the area of the seismic survey and are in an injured or mortal state, or are indicating acute distress due to seismic noise, the <PRTPAGE P="34"/>seismic airgun array will be immediately shut down and the Service contacted. The airgun array will not be restarted until review and approval has been given by the Service. The ramp-up procedures provided in paragraph (a)(4)(ii) of this section must be followed when restarting.</P> <P>(v) <E T="03">Adaptive response for walrus aggregations.</E>—Whenever an aggregation of 12 or more walruses are detected within an acoustically verified 160-dB re 1 µPa disturbance zone ahead of or perpendicular to the seismic vessel track, the holder of this Authorization must:</P> <P>(A) Immediately power down or shut down the seismic airgun array and/or other acoustic sources to ensure sound pressure levels at the shortest distance to the aggregation do not exceed 160-dB re 1 µPa; and</P> <P>(B) Not proceed with powering up the seismic airgun array until it can be established that there are no walrus aggregations within the 160-dB zone based upon ship course, direction, and distance from last sighting. If shut down was required, the ramp-up procedures provided in paragraph (a)(4)(ii) of this section must be followed when restarting.</P> <P>(5) <E T="03">Additional mitigation measures for onshore exploration activities.</E> </P> <P>(i) <E T="03">Polar bear interaction plan.</E>—Holders of Letters of Authorization will be required to develop and implement a Service-approved, site-specific polar bear interaction plan. Polar bear awareness training will also be required of certain personnel. Polar bear interaction plans will include:</P> <P>(A) A description of the locations and types of activities to be conducted i.e., a plan of operation;</P> <P>(B) A food and waste management plan;</P> <P>(C) Personnel training materials and procedures;</P> <P>(D) Site at-risk locations and situations;</P> <P>(E) A snow management plan;</P> <P>(F) Polar bear observation and reporting procedures; and</P> <P>(G) Polar bear avoidance and encounter procedures.</P> <P>(ii) <E T="03">Polar bear monitors.</E>—If deemed appropriate by the Service, holders of a Letter of Authorization will be required to hire and train polar bear monitors to alert crew of the presence of polar bears and initiate adaptive mitigation responses.</P> <P>(iii) <E T="03">Efforts to minimize disturbance around known polar bear dens.</E>—Holders of a Letter of Authorization must take efforts to limit disturbance around known polar bear dens.</P> <P>(A) <E T="03">Efforts to locate polar bear dens.</E>—Holders of a Letter of Authorization seeking to carry out onshore exploration activities in known or suspected polar bear denning habitat during the denning season (November-April) must make efforts to locate occupied polar bear dens within and near proposed areas of operation, utilizing appropriate tools, such as forward looking infrared (FLIR) imagery and/or polar bear scent-trained dogs. All observed or suspected polar bear dens must be reported to the Service prior to the initiation of exploration activities.</P> <P>(B) <E T="03">Exclusion zone around known polar bear dens.</E>—Operators must observe a 1-mile operational exclusion zone around all known polar bear dens during the denning season (November-April, or until the female and cubs leave the areas). Should previously unknown occupied dens be discovered within 1 mile of activities, work in the immediate area must cease and the Service contacted for guidance. The Service will evaluate these instances on a case-by-case basis to determine the appropriate action. Potential actions may range from cessation or modification of work to conducting additional monitoring, and the holder of the authorization must comply with any additional measures specified.</P> <P>(6) <E T="03">Mitigation measures for the subsistence use of walruses and polar bears.</E> Holders of Letters of Authorization must conduct their activities in a manner that, to the greatest extent practicable, minimizes adverse impacts on the availability of Pacific walruses and polar bears for subsistence uses.</P> <P>(i) <E T="03">Community Consultation.</E>—Prior to receipt of a Letter of Authorization, applicants must consult with potentially affected communities and appropriate subsistence user organizations to discuss potential conflicts with subsistence hunting of walrus and polar bear caused by the location, timing, and methods of proposed operations <PRTPAGE P="35"/>and support activities (see § 18.114(c)(4) for details). If community concerns suggest that the proposed activities may have an adverse impact on the subsistence uses of these species, the applicant must address conflict avoidance issues through a Plan of Cooperation as described below.</P> <P>(ii) <E T="03">Plan of Cooperation (POC).</E>—Where prescribed, holders of Letters of Authorization will be required to develop and implement a Service-approved POC. The POC must include:</P> <P>(A) A description of the procedures by which the holder of the Letter of Authorization will work and consult with potentially affected subsistence hunters; and</P> <P>(B) A description of specific measures that have been or will be taken to avoid or minimize interference with subsistence hunting of walruses and polar bears and to ensure continued availability of the species for subsistence use.</P> <P>(C) The Service will review the POC to ensure that any potential adverse effects on the availability of the animals are minimized. The Service will reject POCs if they do not provide adequate safeguards to ensure the least practicable adverse impact on the availability of walruses and polar bears for subsistence use.</P> <P>(b) <E T="03">Monitoring.</E> Depending on the siting, timing, and nature of proposed activities, holders of Letters of Authorization will be required to:</P> <P>(1) Maintain trained, Service-approved, on-site observers to carry out monitoring programs for polar bears and walruses necessary for initiating adaptive mitigation responses.</P> <P>(i) Marine Mammal Observers (MMOs) will be required on board all operational and support vessels to alert crew of the presence of walruses and polar bears and initiate adaptive mitigation responses identified in paragraph (a) of this section, and to carry out specified monitoring activities identified in the marine mammal monitoring and mitigation plan (see paragraph(b)(2) of this section) necessary to evaluate the impact of authorized activities on walruses, polar bears, and the subsistence use of these subsistence resources. The MMOs must have completed a marine mammal observer training course approved by the Service.</P> <P>(ii) Polar bear monitors.—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 regard to proximate bear activity to Industry facilities.</P> <P>(2) Develop and implement a site-specific, Service-approved marine mammal monitoring and mitigation plan to monitor and evaluate the effects of authorized activities on polar bears, walruses, and the subsistence use of these resources.</P> <P>(i) The marine mammal monitoring and mitigation plan must enumerate the number of walruses and polar bears encountered during specified exploration activities, estimate the number of incidental takes that occurred during specified exploration activities, and evaluate the effectiveness of prescribed mitigation measures.</P> <P>(ii) Applicants must fund an independent peer review of proposed monitoring plans and draft reports of monitoring results. This peer review will consist of independent reviewers who have knowledge and experience in statistics, marine mammal behavior, and the type and extent of the proposed operations. The applicant will provide the results of these peer reviews to the Service for consideration in final approval of monitoring plans and final reports. The Service will distribute copies of monitoring reports to appropriate resource management agencies and co-management organizations.</P> <P>(3) Cooperate with the Service and other designated Federal, State, and local agencies to monitor the impacts of oil and gas exploration activities in the Chukchi Sea on walruses or polar bears. Where insufficient information exists to evaluate the potential effects of proposed activities on walruses, polar bears, and the subsistence use of these resources, holders of Letters of Authorization may be required to participate in joint monitoring and/or research efforts to address these information needs and insure the least practicable impact to these resources. Information needs in the Chukchi Sea include, but are not limited to:<PRTPAGE P="36"/> </P> <P>(i) Distribution, abundance, and habitat use patterns of walruses and polar bears in offshore environments; and</P> <P>(ii) Cumulative effects of multiple simultaneous operations on walruses and polar bears.</P> <P>(c) <E T="03">Reporting requirements.</E> Holders of Letters of Authorization must report the results of specified monitoring activities to the Service's Alaska Regional Director (see 50 CFR 2.2 for address).</P> <P>(1) <E T="03">In-season monitoring reports.</E> </P> <P>(i) <E T="03">Activity progress reports.</E>—Operators must keep the Service informed on the progress of authorized activities by:</P> <P>(A) Notifying the Service at least 48 hours prior to the onset of activities;</P> <P>(B) Providing weekly progress reports of authorized activities noting any significant changes in operating state and or location; and</P> <P>(C) Notifying the Service within 48 hours of ending activity.</P> <P>(ii) <E T="03">Walrus observation reports.</E>—The operator must report, on a weekly basis, all observations of walruses during any Industry operation. Information within the observation report will include, but is not limited to:</P> <P>(A) Date, time, and location of each walrus sighting;</P> <P>(B) Number of walruses: sex and age;</P> <P>(C) Observer name and contact information;</P> <P>(D) Weather, visibility, and ice conditions at the time of observation;</P> <P>(E) Estimated range at closest approach;</P> <P>(F) Industry activity at time of sighting;</P> <P>(G) Behavior of animals sighted;</P> <P>(H) Description of the encounter;</P> <P>(I) Duration of the encounter; and</P> <P>(J) Actions taken.</P> <P>(iii) <E T="03">Polar bear observation reports.</E>—The operator must report, within 24 hours, all observations of polar bears during any Industry operation. Information within the observation report will include, but is not limited to:</P> <P>(A) Date, time, and location of observation;</P> <P>(B) Number of bears: sex and age;</P> <P>(C) Observer name and contact information;</P> <P>(D) Weather, visibility, and ice conditions at the time of observation;</P> <P>(E) Estimated closest point of approach for bears from personnel and facilities;</P> <P>(F) Industry activity at time of sighting, possible attractants present;</P> <P>(G) Bear behavior;</P> <P>(H) Description of the encounter;</P> <P>(I) Duration of the encounter; and</P> <P>(J) Actions taken.</P> <P>(iv) <E T="03">Notification of incident report.</E>—Reports should include all information specified under the species observation report, as well as a full written description of the encounter and actions taken by the operator. The operator must report to the Service within 24 hours:</P> <P>(A) Any incidental lethal take or injury of a polar bear or walrus; and</P> <P>(B) Observations of walruses or polar bears within prescribed mitigation-monitoring zones.</P> <P>(2) <E T="03">After-action monitoring reports.</E> The results of monitoring efforts identified in the marine mammal monitoring and mitigation plan must be submitted to the Service for review within 90 days of completing the year's activities. Results must include, but are not limited to, the following information:</P> <P>(i) A summary of monitoring effort including: total hours, total distances, and distribution through study period;</P> <P>(ii) Analysis of factors affecting the visibility and detectability of walruses and polar bears by specified monitoring;</P> <P>(iii) Analysis of the distribution, abundance, and behavior of walrus and polar bear sightings in relation to date, location, ice conditions, and operational state; and</P> <P>(iv) Estimates of take based on density estimates derived from monitoring and survey efforts.</P> </SECTION> <SECTION> <SECTNO>§ 18.119</SECTNO> <SUBJECT>What are the information collection requirements?</SUBJECT> <P>(a) We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The Office of Management and Budget has approved the collection of information contained in this subpart and assigned control number 1018-0139. You must respond to this information collection request to obtain a benefit <PRTPAGE P="37"/>pursuant to section 101(a)(5) of the Marine Mammal Protection Act. We will use the information to:</P> <P>(1) Evaluate the application and determine whether or not to issue specific Letters of Authorization and;</P> <P>(2) Monitor impacts of activities conducted under the Letters of Authorization.</P> <P>(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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">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</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>71 FR 43950, Aug. 2, 2006, unless otherwise noted.</P> </SOURCE> <EFFDNOTP> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 71 FR 43950, Aug. 2, 2006, Subpart J was added, effective Aug. 2, 2006 through Aug. 2, 2011.</P> </EFFDNOTP> <SECTION> <SECTNO>§ 18.121</SECTNO> <SUBJECT>What specified activities does this subpart cover?</SUBJECT> <P>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 § 18.27(c)) while engaged in oil and gas exploration, development, and production activities in the Beaufort Sea and adjacent northern coast of Alaska.</P> </SECTION> <SECTION> <SECTNO>§ 18.122</SECTNO> <SUBJECT>In what specified geographic region does this subpart apply?</SUBJECT> <P>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.</P> <GPH DEEP="299" SPAN="2"> <PRTPAGE P="38"/> <GID>ER02AU06.002</GID> </GPH> </SECTION> <SECTION> <SECTNO>§ 18.123</SECTNO> <SUBJECT>When is this subpart effective?</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 18.124</SECTNO> <SUBJECT>How do I obtain a Letter of Authorization?</SUBJECT> <P>(a) You must be a U.S. citizen as defined in § 18.27(c).</P> <P>(b) If you are conducting an oil and gas exploration, development, or production activity in the specified geographic region described in § 18.122 that may 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.</P> <P>(c) Your application for a Letter of Authorization must include the following information:</P> <P>(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.</P> <P>(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 <PRTPAGE P="39"/>the activity, the location, and the time of year.</P> <P>(3) A site-specific polar bear awareness and interaction plan.</P> <P>(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 § 18.128.</P> </SECTION> <SECTION> <SECTNO>§ 18.125</SECTNO> <SUBJECT>What criteria does the Service use to evaluate Letter of Authorization requests?</SUBJECT> <P>(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.</P> <P>(b) In accordance with § 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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.126</SECTNO> <SUBJECT>What does a Letter of Authorization allow?</SUBJECT> <P>(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:</P> <P>(1) Conducting geological and geophysical surveys and associated activities;</P> <P>(2) Drilling exploratory wells and associated activities;</P> <P>(3) Developing oil fields and associated activities;</P> <P>(4) Drilling production wells and performing production support operations;</P> <P>(5) Conducting environmental monitoring activities associated with exploration, development, and production activities to determine specific impacts of each activity;</P> <P>(6) Conducting restoration, remediation, demobilization programs, and associated activities.</P> <P>(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.</P> <P>(c) Each Letter of Authorization will identify conditions or methods that are specific to the activity and location.</P> </SECTION> <SECTION> <SECTNO>§ 18.127</SECTNO> <SUBJECT>What activities are prohibited?</SUBJECT> <P>(a) Intentional take and lethal incidental take of polar bear or Pacific walrus; and</P> <P>(b) Any take that fails to comply with this part or with the terms and conditions of your Letter of Authorization.</P> </SECTION> <SECTION> <SECTNO>§ 18.128</SECTNO> <SUBJECT>What are the mitigation, monitoring, and reporting requirements?</SUBJECT> <P>(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.</P> <P>(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.<PRTPAGE P="40"/> </P> <P>(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:</P> <P>(1) The type of activity and, where and when the activity will occur, i.e., a Plan of Operation;</P> <P>(2) A food and waste management plan;</P> <P>(3) Personnel training materials and procedures;</P> <P>(4) Site at-risk locations and situations;</P> <P>(5) Walrus/bear observation and reporting procedures; and</P> <P>(6) Bear/walrus avoidance and encounter procedures.</P> <P>(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.</P> <P>(e) Mitigation measures that may be required on a case-by-case basis include:</P> <P>(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.</P> <P>(2) The use of den habitat map developed by the USGS. A map of potential coastal polar bear denning habitat can be found at: <E T="03">http://www.absc.usgs.gov/research/sis_summaries/polar_bears_sis/mapping_dens.htm.</E> This measure ensures that the location of potential polar bear dens is considered when conducting activities in the coastal areas of the Beaufort Sea.</P> <P>(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.</P> <P>(4) Restricting the timing of the activity to limit disturbance around dens.</P> <P>(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.</P> <P>(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:</P> <P>(1) Dates and times of activity;</P> <P>(2) Dates and locations of polar bear or Pacific walrus activity as related to the monitoring activity; and</P> <P>(3) Results of the monitoring activities required under subsection (g) of this section, including an estimated level of take.</P> <P>(g) Monitoring requirements include, but are not limited to:</P> <P>(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.</P> <P>(2) Activities within the coast of the geographic region may incorporate daily polar bear watch logs.</P> <P>(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.<PRTPAGE P="41"/> </P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 18.129</SECTNO> <SUBJECT>What are the information collection requirements?</SUBJECT> <P>(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.</P> <P>(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.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 19</EAR> <HD SOURCE="HED">PART 19—AIRBORNE HUNTING</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECHD>Sec.</SECHD> <SECTNO>19.1</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <SECTNO>19.2</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <SECTNO>19.3</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <SECTNO>19.4</SECTNO> <SUBJECT>Definitions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Prohibitions</HD> <SECTNO>19.11</SECTNO> <SUBJECT>General prohibitions.</SUBJECT> <SECTNO>19.12</SECTNO> <SUBJECT>Exceptions to general prohibitions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Federal Permits</HD> <SECTNO>19.21</SECTNO> <SUBJECT>Limitation on Federal permits.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—State Permits and Annual Report Requirements</HD> <SECTNO>19.31</SECTNO> <SUBJECT>State permits.</SUBJECT> <SECTNO>19.32</SECTNO> <SUBJECT>Annual reporting requirements.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>Fish and Wildlife Act of 1956, 85 Stat. 480, as amended, 86 Stat. 905 (16 U.S.C. 742a—j-1).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>39 FR 1177, Jan. 4, 1974, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECTION> <SECTNO>§ 19.1</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <P>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).</P> </SECTION> <SECTION> <SECTNO>§ 19.2</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 19.3</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <P>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, <E T="03">except</E> to the extent that airborne hunting is authorized by regulations or permits issued under authority of those laws. (See e.g., § 21.41 of this subchapter.)</P> </SECTION> <SECTION> <SECTNO>§ 19.4</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In addition to definitions contained in part 10 of this subchapter, and unless the context otherwise requires, in this part 19:<PRTPAGE P="42"/> </P> <P> <E T="03">Harass</E> means to disturb, worry, molest, rally, concentrate, harry, chase, drive, herd or torment.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Prohibitions</HD> <SECTION> <SECTNO>§ 19.11</SECTNO> <SUBJECT>General prohibitions.</SUBJECT> <P>(a) Except as otherwise authorized by the Fish and Wildlife Act of 1956 as amended, no person shall:</P> <P>(1) While airborne in any aircraft shoot or attempt to shoot for the purpose of capturing or killing any wildlife;</P> <P>(2) Use an aircraft to harass any wildlife; or</P> <P>(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.</P> <P>(b) The acts prohibited in this section include, but are not limited to, any person who:</P> <P>(1) Pilots or assists in the operation of an aircraft from which another person shoots or shoots at wildlife while airborne, or</P> <P>(2) While on the ground takes or attempts to take any wildlife by means, aid, or use of an aircraft.</P> </SECTION> <SECTION> <SECTNO>§ 19.12</SECTNO> <SUBJECT>Exceptions to general prohibitions.</SUBJECT> <P>The prohibitions of the preceding section shall not apply to any person who:</P> <P>(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</P> <P>(2) Is acting within the limitations of a permit referred to in § 19.21 or § 19.31 of this part.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Federal Permits</HD> <SECTION> <SECTNO>§ 19.21</SECTNO> <SUBJECT>Limitation on Federal permits.</SUBJECT> <P>No Federal permits will be issued to authorize any person to hunt, shoot, or harass any wildlife from an aircraft, except for Federal permits to scare or herd migratory birds referred to in § 21.41 of this subchapter.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—State Permits and Annual Report Requirements</HD> <SECTION> <SECTNO>§ 19.31</SECTNO> <SUBJECT>State permits.</SUBJECT> <P>(a) Except as provided in § 19.3, States may issue permits to persons to engage in airborne hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, livestock, domestic animals, human life or crops. States may not issue permits for the purpose of sport hunting.</P> <P>(b) Upon issuance of a permit by a State to a person pursuant to this section, the issuing authority will provide immediate notification to the Special Agent in Charge having jurisdiction according to § 10.22.</P> </SECTION> <SECTION> <SECTNO>§ 19.32</SECTNO> <SUBJECT>Annual reporting requirements.</SUBJECT> <P>(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.</P> <P>(b) The annual report required by this section shall contain the following information as to each such permit issued:</P> <P>(1) The name and address of each person to whom a permit was issued.</P> <P>(2) Permit number and inclusive dates during which permit was valid.</P> <P>(3) The aircraft number of the aircraft used and the location where such aircraft was based.</P> <P>(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.</P> <P>(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.</P> <P>(6) The common name and number of wildlife taken by permittees and State employees or agents.</P> <P>(c) A compilation of all annual reports required by this section shall be <PRTPAGE P="43"/>made by the Director and furnished to any State filing such annual report.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 20</EAR> <HD SOURCE="HED">PART 20—MIGRATORY BIRD HUNTING</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECHD>Sec.</SECHD> <SECTNO>20.1</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <SECTNO>20.2</SECTNO> <SUBJECT>Relation to other provisions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Definitions</HD> <SECTNO>20.11</SECTNO> <SUBJECT>What terms do I need to understand?</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Taking</HD> <SECTNO>20.20</SECTNO> <SUBJECT>Migratory Bird Harvest Information Program.</SUBJECT> <SECTNO>20.21</SECTNO> <SUBJECT>What hunting methods are illegal?</SUBJECT> <SECTNO>20.22</SECTNO> <SUBJECT>Closed seasons.</SUBJECT> <SECTNO>20.23</SECTNO> <SUBJECT>Shooting hours.</SUBJECT> <SECTNO>20.24</SECTNO> <SUBJECT>Daily limit.</SUBJECT> <SECTNO>20.25</SECTNO> <SUBJECT>Wanton waste of migratory game birds.</SUBJECT> <SECTNO>20.26</SECTNO> <SUBJECT>Emergency closures.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Possession</HD> <SECTNO>20.31</SECTNO> <SUBJECT>Prohibited if taken in violation of subpart C.</SUBJECT> <SECTNO>20.32</SECTNO> <SUBJECT>During closed season.</SUBJECT> <SECTNO>20.33</SECTNO> <SUBJECT>Possession limit.</SUBJECT> <SECTNO>20.34</SECTNO> <SUBJECT>Opening day of a season.</SUBJECT> <SECTNO>20.35</SECTNO> <SUBJECT>Field possession limit.</SUBJECT> <SECTNO>20.36</SECTNO> <SUBJECT>Tagging requirement.</SUBJECT> <SECTNO>20.37</SECTNO> <SUBJECT>Custody of birds of another.</SUBJECT> <SECTNO>20.38</SECTNO> <SUBJECT>Possession of live birds.</SUBJECT> <SECTNO>20.39</SECTNO> <SUBJECT>Termination of possession.</SUBJECT> <SECTNO>20.40</SECTNO> <SUBJECT>Gift of migratory game birds.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Transportation Within the United States</HD> <SECTNO>20.41</SECTNO> <SUBJECT>Prohibited if taken in violation of subpart C.</SUBJECT> <SECTNO>20.42</SECTNO> <SUBJECT>Transportation of birds of another.</SUBJECT> <SECTNO>20.43</SECTNO> <SUBJECT>Species identification requirement.</SUBJECT> <SECTNO>20.44</SECTNO> <SUBJECT>Marking package or container.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Exportation</HD> <SECTNO>20.51</SECTNO> <SUBJECT>Prohibited if taken in violation of subpart C.</SUBJECT> <SECTNO>20.52</SECTNO> <SUBJECT>Species identification requirement.</SUBJECT> <SECTNO>20.53</SECTNO> <SUBJECT>Marking package or container.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Importations</HD> <SECTNO>20.61</SECTNO> <SUBJECT>Importation limits.</SUBJECT> <SECTNO>20.62</SECTNO> <SUBJECT>Importation of birds of another.</SUBJECT> <SECTNO>20.63</SECTNO> <SUBJECT>Species identification requirement.</SUBJECT> <SECTNO>20.64</SECTNO> <SUBJECT>Foreign export permits.</SUBJECT> <SECTNO>20.65</SECTNO> <SUBJECT>Processing requirement.</SUBJECT> <SECTNO>20.66</SECTNO> <SUBJECT>Marking of package or container.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Federal, State, and Foreign Law</HD> <SECTNO>20.71</SECTNO> <SUBJECT>Violation of Federal law.</SUBJECT> <SECTNO>20.72</SECTNO> <SUBJECT>Violation of State law.</SUBJECT> <SECTNO>20.73</SECTNO> <SUBJECT>Violation of foreign law.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Migratory Bird Preservation Facilities</HD> <SECTNO>20.81</SECTNO> <SUBJECT>Tagging requirement.</SUBJECT> <SECTNO>20.82</SECTNO> <SUBJECT>Records required.</SUBJECT> <SECTNO>20.83</SECTNO> <SUBJECT>Inspection of premises.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Feathers or Skins</HD> <SECTNO>20.91</SECTNO> <SUBJECT>Commercial use of feathers.</SUBJECT> <SECTNO>20.92</SECTNO> <SUBJECT>Personal use of feathers or skins.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Annual Seasons, Limits, and Shooting Hours Schedules</HD> <SECTNO>20.100</SECTNO> <SUBJECT>General provisions.</SUBJECT> <SECTNO>20.101</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for Puerto Rico and the Virgin Islands.</SUBJECT> <SECTNO>20.102</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for Alaska.</SUBJECT> <SECTNO>20.103</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for mourning and white-winged doves and wild pigeons.</SUBJECT> <SECTNO>20.104</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for rails, woodcock, and common (Wilson's) snipe.</SUBJECT> <SECTNO>20.105</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for waterfowl, coots, and gallinules.</SUBJECT> <SECTNO>20.106</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for sandhill cranes.</SUBJECT> <SECTNO>20.107</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for tundra swans.</SUBJECT> <SECTNO>20.108</SECTNO> <SUBJECT>Nontoxic shot zones.</SUBJECT> <SECTNO>20.109</SECTNO> <SUBJECT>Extended seasons, limits, and hours for taking migratory game birds by falconry.</SUBJECT> <SECTNO>20.110</SECTNO> <SUBJECT>Seasons, limits and other regulations for certain Federal Indian reservations, Indian Territory, and ceded lands.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart L—Administrative and Miscellaneous Provisions</HD> <SECTNO>20.131</SECTNO> <SUBJECT>Extension of seasons.</SUBJECT> <SECTNO>20.132</SECTNO> <SUBJECT>Subsistence use in Alaska.</SUBJECT> <SECTNO>20.133</SECTNO> <SUBJECT>Hunting regulations for crows.</SUBJECT> <SECTNO>20.134</SECTNO> <SUBJECT>Nontoxic shot.</SUBJECT> </SUBPART> <SUBPART> <RESERVED>Subpart M [Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart N—Special Procedures for Issuance of Annual Hunting Regulations</HD> <SECTNO>20.151</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>20.152</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>20.153</SECTNO> <SUBJECT>Regulations committee.</SUBJECT> <SECTNO>20.154</SECTNO> <SUBJECT>Flyway Councils.</SUBJECT> <SECTNO>20.155</SECTNO> <SUBJECT>Public file.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 703-712; Fish and Wildlife <PRTPAGE P="44"/>Act of 1956, 16 U.S.C. 742a-j; Public Law 106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>38 FR 22021, Aug. 15, 1973, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECTION> <SECTNO>§ 20.1</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <P>(a) <E T="03">In general.</E> The regulations contained in this part relate only to the hunting of migratory game birds, and crows.</P> <P>(b) <E T="03">Procedural and substantive requirements.</E> Migratory game birds may be taken, possessed, transported, shipped, exported, or imported only in accordance with the restrictions, conditions, and requirements contained in this part. Crows may be taken, possessed, transported, exported, or imported only in accordance with subpart H of this part and the restrictions, conditions, and requirements prescribed in § 20.133.</P> </SECTION> <SECTION> <SECTNO>§ 20.2</SECTNO> <SUBJECT>Relation to other provisions.</SUBJECT> <P>(a) <E T="03">Migratory bird permits.</E> 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.</P> <P>(b) <E T="03">Migratory bird hunting stamps.</E> 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).</P> <P>(c) <E T="03">National wildlife refuges.</E> 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.</P> <P>(d) <E T="03">State Laws for the protection of migratory birds.</E> 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.</P> <P>(e) <E T="03">Migratory bird subsistence harvest in Alaska.</E> 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.</P> <CITA>[38 FR 22021, Aug. 15, 1973, as amended at 68 FR 43027, July 21, 2003]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Definitions</HD> <SECTION> <SECTNO>§ 20.11</SECTNO> <SUBJECT>What terms do I need to understand?</SUBJECT> <P>For the purpose of this part, the following terms shall be construed, respectively, to mean and to include:</P> <P>(a) <E T="03">Migratory game birds</E> 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:</P> <P>(1) Anatidae (ducks, geese [including brant] and swans);</P> <P>(2) Columbidae (doves and pigeons);</P> <P>(3) Gruidae (cranes);</P> <P>(4) Rallidae (rails, coots and gallinules); and</P> <P>(5) Scolopacidae (woodcock and snipe).</P> <P>A list of migratory birds protected by the international conventions and the Migratory Bird Treaty Act appears in § 10.13 of this subchapter.</P> <P>(b) <E T="03">Seasons</E>—(1) <E T="03">Open season</E> 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.</P> <P>(2) <E T="03">Closed season</E> means the days on which migratory game birds shall not be taken.</P> <P>(c) <E T="03">Bag limits</E>—(1) <E T="03">Aggregate bag limit</E> 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.<PRTPAGE P="45"/> </P> <P>(2) <E T="03">Daily bag limit</E> 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.</P> <P>(3) <E T="03">Aggregate daily bag limit</E> 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.</P> <P>(4) <E T="03">Possession limit</E> 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.</P> <P>(5) <E T="03">Aggregate possession limit</E> 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.</P> <P>(d) <E T="03">Personal abode</E> 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.</P> <P>(e) <E T="03">Migratory bird preservation facility</E> means:</P> <P>(1) Any person who, at their residence or place of business and for hire or other consideration; or</P> <P>(2) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or</P> <P>(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.</P> <P>(f) <E T="03">Paraplegic</E> 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.</P> <P>(g) <E T="03">Normal agricultural planting, harvesting, or post-harvest manipulation</E> 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.</P> <P>(h) <E T="03">Normal agricultural operation</E> 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.</P> <P>(i) <E T="03">Normal soil stabilization practice</E> 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.</P> <P>(j) <E T="03">Baited area</E> 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.</P> <P>(k) <E T="03">Baiting</E> means the direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, <PRTPAGE P="46"/>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.</P> <P>(l) <E T="03">Manipulation</E> 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 <E T="03">manipulation</E> does not include the distributing or scattering of grain, seed, or other feed after removal from or storage on the field where grown.</P> <P>(m) <E T="03">Natural vegetation</E> 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 <E T="03">natural vegetation</E> does not include planted millet. However, planted millet that grows on its own in subsequent years after the year of planting is considered <E T="03">natural vegetation</E>.</P> <P>(n) <E T="03">Resident Canada geese</E> 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.</P> <CITA>[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]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Taking</HD> <SECTION> <SECTNO>§ 20.20</SECTNO> <SUBJECT>Migratory Bird Harvest Information Program.</SUBJECT> <P>(a) <E T="03">Information collection requirements.</E> The collections of information contained in § 20.20 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <E T="03">et seq.</E> 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.</P> <P>(b) <E T="03">General provisions.</E> 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.</P> <P>(c) <E T="03">Tribal exemptions.</E> Nothing in paragraph (b) of this section shall apply to tribal members on Federal Indian Reservations or to tribal members hunting on ceded lands.</P> <P>(d) <E T="03">State exemptions.</E> 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.</P> <P>(e) <E T="03">State responsibilities.</E> 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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="47"/> <SECTNO>§ 20.21</SECTNO> <SUBJECT>What hunting methods are illegal?</SUBJECT> <P>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:</P> <P>(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;</P> <P>(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:</P> <P>(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.</P> <P>(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:</P> <P>(i) During the period of September 1 to September 15; and</P> <P>(ii) During the period of September 16 to September 30, when approved in the annual regulatory schedule in subpart K of this part.</P> <P>(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;</P> <P>(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;</P> <P>(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: <E T="03">Provided,</E> 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;</P> <P>(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;</P> <P>(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:</P> <P>(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.</P> <P>(2) A Canada goose only season when all other waterfowl and crane hunting <PRTPAGE P="48"/>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:</P> <P>(i) During the period of September 1 to September 15; and</P> <P>(ii) During the period of September 16 to September 30, when approved in the annual regulatory schedule in subpart K of this part.</P> <P>(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;</P> <P>(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:</P> <P>(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—</P> <P>(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;</P> <P>(ii) From a blind or other place of concealment camouflaged with natural vegetation;</P> <P>(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</P> <P>(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.</P> <P>(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.</P> <P>(j) While possessing loose shot for muzzle loading or shotshells containing other than the following approved shot types.</P> <GPOTABLE CDEF="s100,r100,r100" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Approved shot type *</CHED> <CHED H="1">Percent composition by weight</CHED> <CHED H="1">Field testing device **</CHED> </BOXHD> <ROW> <ENT I="01">bismuth-tin</ENT> <ENT>97 bismuth, 3 tin</ENT> <ENT>HOT*SHOT <E T="51">®</E>. ***</ENT> </ROW> <ROW> <ENT I="01">iron (steel)</ENT> <ENT>iron and carbon</ENT> <ENT>Magnet or HOT*SHOT <E T="51">®</E>.</ENT> </ROW> <ROW> <ENT I="01">iron-tungsten</ENT> <ENT>any proportion of tungsten, ≥1 iron</ENT> <ENT>Magnet or HOT*SHOT <E T="51">®</E>.</ENT> </ROW> <ROW> <ENT I="01">iron-tungsten-nickel</ENT> <ENT>≥1 iron, any proportion of tungsten, up to 40 nickel</ENT> <ENT>Magnet or HOT*SHOT <E T="51">®</E>. **</ENT> </ROW> <ROW> <ENT I="01">tungsten-bronze</ENT> <ENT>51.1 tungsten, 44.4 copper, 3.9 tin, 0.6 iron and 60 tungsten, 35.1 copper, 3.9 tin, 1 iron</ENT> <ENT>Rare Earth Magnet.</ENT> </ROW> <ROW> <ENT I="01">tungsten-iron-copper-nickel</ENT> <ENT>40-76 tungsten, 10-37 iron, 9-16 copper, 5-7 nickel</ENT> <ENT>HOT*SHOT <E T="51">®</E> or Rare Earth Magnet.</ENT> </ROW> <ROW> <ENT I="01">tungsten-matrix</ENT> <ENT>95.9 tungsten, 4.1 polymer</ENT> <ENT>HOT*SHOT <E T="51">®</E>.</ENT> </ROW> <ROW> <ENT I="01">tungsten-polymer</ENT> <ENT>95.5 tungsten, 4.5 Nylon 6 or 11</ENT> <ENT>HOT*SHOT <E T="51">®</E>.</ENT> </ROW> <ROW> <ENT I="01">tungsten-tin-iron</ENT> <ENT>any proportions of tungsten and tin, ≥1 iron</ENT> <ENT>Magnet or HOT*SHOT <E T="51">®</E>.</ENT> </ROW> <ROW> <ENT I="01">tungsten-tin-bismuth</ENT> <ENT>any proportions of tungsten, tin, and bismuth.</ENT> <ENT>Rare Earth Magnet.</ENT> </ROW> <ROW> <ENT I="01">tungsten-tin-iron-nickel</ENT> <ENT>65 tungsten, 21.8 tin, 10.4 iron, 2.8 nickel</ENT> <ENT>Magnet.</ENT> </ROW> <TNOTE>* Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome on approved nontoxic shot types also are approved.</TNOTE> <TNOTE>** The information in the “Field Testing Device” column is strictly informational, not regulatory.</TNOTE> <TNOTE>*** The “HOT*SHOT” field testing device is from Stream Systems of Concord, CA.</TNOTE> </GPOTABLE> <PRTPAGE P="49"/> <P>(2) Each approved shot type must contain less than 1 percent residual lead (see § 20.134).</P> <P>(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 § 20.108 as nontoxic shot zones.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.22</SECTNO> <SUBJECT>Closed seasons.</SUBJECT> <P>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.</P> <CITA>[68 FR 43027, July 21, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.23</SECTNO> <SUBJECT>Shooting hours.</SUBJECT> <P>No person shall take migratory game birds except during the hours open to shooting as prescribed in subpart K of this part.</P> <CITA>[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.24</SECTNO> <SUBJECT>Daily limit.</SUBJECT> <P>No person shall take in any 1 calendar day, more than the daily bag limit or aggregate daily bag limit, whichever applies.</P> <CITA>[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.25</SECTNO> <SUBJECT>Wanton waste of migratory game birds.</SUBJECT> <P>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.</P> <CITA>[41 FR 31536, July 29, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.26</SECTNO> <SUBJECT>Emergency closures.</SUBJECT> <P>(a) The Director may close or temporarily suspend any season established under subpart K of this part:</P> <P>(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.</P> <P>(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.</P> <P>(b) Any such closure or temporary suspension shall be announced by publication of a notice to that effect in the <E T="04">Federal Register</E> 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 <E T="04">Federal Register</E> 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.</P> <P>(c) Any closure or temporary suspension under this section shall be effective on the date of publication of the <E T="04">Federal Register</E> 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 <E T="04">Federal Register</E>.</P> <CITA>[41 FR 31536, July 29, 1976]</CITA> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="50"/> <HD SOURCE="HED">Subpart D—Possession</HD> <SECTION> <SECTNO>§ 20.31</SECTNO> <SUBJECT>Prohibited if taken in violation of subpart C.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.32</SECTNO> <SUBJECT>During closed season.</SUBJECT> <P>No person shall possess any freshly killed migratory game birds during the closed season.</P> </SECTION> <SECTION> <SECTNO>§ 20.33</SECTNO> <SUBJECT>Possession limit.</SUBJECT> <P>No person shall possess more migratory game birds taken in the United States than the possession limit or the aggregate possession limit, whichever applies.</P> </SECTION> <SECTION> <SECTNO>§ 20.34</SECTNO> <SUBJECT>Opening day of a season.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.35</SECTNO> <SUBJECT>Field possession limit.</SUBJECT> <P>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.</P> <CITA>[41 FR 31536, July 29, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.36</SECTNO> <SUBJECT>Tagging requirement.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.37</SECTNO> <SUBJECT>Custody of birds of another.</SUBJECT> <P>No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by § 20.36.</P> </SECTION> <SECTION> <SECTNO>§ 20.38</SECTNO> <SUBJECT>Possession of live birds.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.39</SECTNO> <SUBJECT>Termination of possession.</SUBJECT> <P>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.</P> <CITA>[41 FR 31537, July 29, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.40</SECTNO> <SUBJECT>Gift of migratory game birds.</SUBJECT> <P>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.</P> <CITA>[42 FR 39668, Aug. 5, 1977]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Transportation Within the United States</HD> <SECTION> <SECTNO>§ 20.41</SECTNO> <SUBJECT>Prohibited if taken in violation of subpart C.</SUBJECT> <P>No person shall at any time, by any means, or in any manner, transport <PRTPAGE P="51"/>any migratory game bird or part thereof, taken in violation of any provision of subpart C of this part.</P> </SECTION> <SECTION> <SECTNO>§ 20.42</SECTNO> <SUBJECT>Transportation of birds of another.</SUBJECT> <P>No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by § 20.36.</P> </SECTION> <SECTION> <SECTNO>§ 20.43</SECTNO> <SUBJECT>Species identification requirement.</SUBJECT> <P>No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (<E T="03">Columba fasciata</E>), 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.</P> <CITA>[41 FR 31537, July 19, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.44</SECTNO> <SUBJECT>Marking package or container.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Exportation</HD> <SECTION> <SECTNO>§ 20.51</SECTNO> <SUBJECT>Prohibited if taken in violation of subpart C.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.52</SECTNO> <SUBJECT>Species identification requirement.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.53</SECTNO> <SUBJECT>Marking package or container.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Importations</HD> <SECTION> <SECTNO>§ 20.61</SECTNO> <SUBJECT>Importation limits.</SUBJECT> <P>No person shall import migratory game birds in excess of the following importation limits:</P> <P>(a) <E T="03">Doves and pigeons.</E> (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.</P> <P>(2) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: <E T="03">Provided,</E> 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.</P> <P>(b) <E T="03">Waterfowl.</E> (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.</P> <P>(2) From Canada, not to exceed the maximum number permitted to be exported by Canadian authorities.</P> <P>(3) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: <E T="03">Provided,</E> 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.</P> <CITA>[40 FR 36346, Aug. 20, 1975]</CITA> </SECTION> <SECTION> <PRTPAGE P="52"/> <SECTNO>§ 20.62</SECTNO> <SUBJECT>Importation of birds of another.</SUBJECT> <P>No person shall import migratory game birds belonging to another person.</P> </SECTION> <SECTION> <SECTNO>§ 20.63</SECTNO> <SUBJECT>Species identification requirement.</SUBJECT> <P>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.</P> <CITA>[41 FR 31537, July 19, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.64</SECTNO> <SUBJECT>Foreign export permits.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.65</SECTNO> <SUBJECT>Processing requirement.</SUBJECT> <P>No person shall import migratory game birds killed in any foreign country, except Canada, unless such birds are dressed (except as required in § 20.63), drawn, and the head and feet are removed: <E T="03">Provided,</E> That this shall not prohibit the importation of legally taken, fully feathered migratory game birds consigned for mounting purposes to a taxidermist who holds a current taxidermist permit issued to him pursuant to § 21.24 of this chapter and who is also licensed by the U.S. Department of Agriculture to decontaminate such birds.</P> </SECTION> <SECTION> <SECTNO>§ 20.66</SECTNO> <SUBJECT>Marking of package or container.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Federal, State, and Foreign Law</HD> <SECTION> <SECTNO>§ 20.71</SECTNO> <SUBJECT>Violation of Federal law.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.72</SECTNO> <SUBJECT>Violation of State law.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.73</SECTNO> <SUBJECT>Violation of foreign law.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Migratory Bird Preservation Facilities</HD> <SECTION> <SECTNO>§ 20.81</SECTNO> <SUBJECT>Tagging requirement.</SUBJECT> <P>No migratory bird preservation facility shall receive or have in custody any migratory game birds unless such birds are tagged as required by § 20.36.</P> <CITA>[41 FR 31537, July 29, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.82</SECTNO> <SUBJECT>Records required.</SUBJECT> <P>(a) No migratory bird preservation facility shall:</P> <P>(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 <PRTPAGE P="53"/>person to whom such birds were delivered, or</P> <P>(2) Destroy any records required to be maintained under this section for a period of 1 year following the last entry on the record.</P> <P>(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.</P> <CITA>[41 FR 38510, Sept. 10, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.83</SECTNO> <SUBJECT>Inspection of premises.</SUBJECT> <P>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.</P> <CITA>[41 FR 31537, July 19, 1976]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Feathers or Skins</HD> <SECTION> <SECTNO>§ 20.91</SECTNO> <SUBJECT>Commercial use of feathers.</SUBJECT> <P>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:</P> <P>(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</P> <P>(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.</P> <CITA>[38 FR 22021, Aug. 15, 1973, as amended at 45 FR 70275, Oct. 23, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.92</SECTNO> <SUBJECT>Personal use of feathers or skins.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Annual Seasons, Limits, and Shooting Hours Schedules</HD> <SECTION> <SECTNO>§ 20.100</SECTNO> <SUBJECT>General provisions.</SUBJECT> <P>(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.</P> <P>(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.</P> <CITA>[44 FR 7147, Feb. 6, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.101</SECTNO> <SUBJECT>Seasons, limits and shooting hours for Puerto Rico and the Virgin Islands.</SUBJECT> <P>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 <PRTPAGE P="54"/>with the use of nontoxic shot beginning in the 1991-92 waterfowl season.</P> <CITA>[53 FR 24290, June 28, 1988]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> 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.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 20.102</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for Alaska.</SUBJECT> <P>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.</P> <CITA>[55 FR 35267, Aug. 28, 1990]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> 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.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 20.103</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for mourning and white-winged doves and wild pigeons.</SUBJECT> <P>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.</P> <CITA>[44 FR 7147, Feb. 6, 1979]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> 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.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 20.104</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for rails, woodcock, and common (Wilson's) snipe.</SUBJECT> <P>This section provides for the annual hunting of certain rails, woodcock, and snipe in the 48 contiguous United States.</P> <CITA>[44 FR 7148, Feb. 6, 1979]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> 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.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 20.105</SECTNO> <SUBJECT>Seasons, limits and shooting hours for waterfowl, coots, and gallinules.</SUBJECT> <P>This section provides for the annual hunting of certain waterfowl (ducks, geese [including brant]), coots and gallinules in the 48 contiguous United States. The regulations are arranged by the Atlantic, Mississippi, Central and Pacific Flyways. These regulations often vary within Flyways or States, and by time periods. Those areas of the United States outside of State boundaries, i.e., the United States' territorial waters seaward of county boundaries, and including coastal waters claimed by the separate States, if not already included under the zones contained in § 20.108, are designated for the purposes of § 20.21(j) as nontoxic shot zones for waterfowl hunting beginning in the 1991-92 season.</P> <CITA>[53 FR 24290, June 28, 1988, as amended at 56 FR 22102, May 13, 1991]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> 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.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 20.106</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for sandhill cranes.</SUBJECT> <P>This section provides for the annual hunting of sandhill cranes in designated portions of the 48 contiguous United States.</P> <CITA>[55 FR 35267, Aug. 28, 1990]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> 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.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 20.107</SECTNO> <SUBJECT>Seasons, limits, and shooting hours for tundra swans.</SUBJECT> <P>This section provides for the annual hunting of tundra swans in designated portions of the 48 contiguous United States.</P> <CITA>[55 FR 39829, Sept. 28, 1990]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> 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.</P> </EDNOTE> </SECTION> <SECTION> <PRTPAGE P="55"/> <SECTNO>§ 20.108</SECTNO> <SUBJECT>Nontoxic shot zones.</SUBJECT> <P>Beginning September 1, 1991, the contiguous 48 United States, and the States of Alaska and Hawaii, the Territories of Puerto Rico and the Virgin Islands, and the territorial waters of the United States, are designated for the purpose of § 20.21(j) as nontoxic shot zones for hunting waterfowl, coots and certain other species. “Certain other species” refers to those species, other than waterfowl or coots, that are affected by reason of being included in aggregate bags and concurrent seasons.</P> <CITA>[56 FR 22102, May 13, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.109</SECTNO> <SUBJECT>Extended seasons, limits, and hours for taking migratory game birds by falconry.</SUBJECT> <P>This section provides annual regulations by which falconers may take permitted migratory game birds.</P> <CITA>[44 FR 7148, Feb. 6, 1979]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> 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.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 20.110</SECTNO> <SUBJECT>Seasons, limits, and other regulations for certain Federal Indian reservations, Indian Territory, and ceded lands.</SUBJECT> <P>This section provides for establishing annual migratory bird hunting regulations for certain tribes on Federal Indian reservations, Indian Territory, and ceded lands.</P> <CITA>[50 FR 35764, Sept. 3, 1985]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> 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.</P> </EDNOTE> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart L—Administrative and Miscellaneous Provisions</HD> <SECTION> <SECTNO>§ 20.131</SECTNO> <SUBJECT>Extension of seasons.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.132</SECTNO> <SUBJECT>Subsistence use in Alaska.</SUBJECT> <P>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.</P> <CITA>[68 FR 43027, July 21, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 20.133</SECTNO> <SUBJECT>Hunting regulations for crows.</SUBJECT> <P>(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.</P> <P>(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:</P> <P>(1) Crows shall not be hunted from aircraft;</P> <P>(2) The hunting season or seasons on crows shall not exceed a total of 124 days during a calendar year;</P> <P>(3) Hunting shall not be permitted during the peak crow nesting period within a State; and</P> <P>(4) Crows may only be taken by firearms, bow and arrow, and falconry.</P> </SECTION> <SECTION> <PRTPAGE P="56"/> <SECTNO>§ 20.134</SECTNO> <SUBJECT>Nontoxic shot.</SUBJECT> <P>(a) <E T="03">Approval.</E> (1) The information collection requirements contained in § 20.134 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 <E T="03">et seq.</E> 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.</P> <P>(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.</P> <P>(b) <E T="03">Application and review—Tiered strategy for approval of nontoxic shot and shot coating.</E> (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:</P> <P>(2) <E T="03">Tier 1.</E> (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)(<E T="03">1</E>) through (<E T="03">5</E>), (b)(2)(i)(B)(<E T="03">1</E>) through (<E T="03">5</E>), and (b)(2)(i)(C)(<E T="03">1</E>) through (<E T="03">3</E>) 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.</P> <P>(<E T="03">1</E>) Statement of proposed use, i.e., purpose and types.</P> <P>(<E T="03">2</E>) Description of the chemical composition of the intact material.</P> <P>(<E T="03">i</E>) Chemical names, Chemical Abstracts Service numbers (if available), and structures.</P> <P>(<E T="03">ii</E>) 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].</P> <P>(<E T="03">iii</E>) Composition and weight of shot material.</P> <P>(<E T="03">iv</E>) Thickness, quantity (e.g., mg/shot), and chemical composition of shot coating.</P> <P>(<E T="03">3</E>) Statement of the expected variability of shot during production.</P> <P>(<E T="03">4</E>) Estimate of yearly volume of candidate shot and/or coated shot expected for use in hunting migratory birds in the U.S.</P> <P>(<E T="03">5</E>) 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).</P> <P>(B) Applicant provides information on the toxicological effects of the shot or shot coating as follows:</P> <P>(<E T="03">1</E>) 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.</P> <P>(<E T="03">2</E>) 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.</P> <P>(<E T="03">3</E>) 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 <PRTPAGE P="57"/>other relevant associated clinical observations).</P> <P>(<E T="03">4</E>) 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.</P> <P>(<E T="03">5</E>) Summarize the toxicity data of chemicals comprising the shot or shot coating to aquatic and terrestrial invertebrates, fish, amphibians, reptiles, and mammals.</P> <P>(C) Applicant provides information on the environmental fate and transport, if any, of the shot or shot coating as follows:</P> <P>(<E T="03">1</E>) A statement of the alteration of the shot or shot coating, chemically or physically, upon firing. The statement must describe any alterations.</P> <P>(<E T="03">2</E>) 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.</P> <P>(<E T="03">3</E>) Information on the Estimated Environmental Concentration (EEC) assuming 69,000 shot per hectare (Bellrose 1959; Pain 1990) for:</P> <P>(<E T="03">i</E>) 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?</P> <P>(<E T="03">ii</E>) 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?</P> <P>(D) <E T="03">Service evaluation of an application.</E> (<E T="03">1</E>) 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.</P> <P>(<E T="03">2</E>) 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.</P> <P>(<E T="03">3</E>) 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 <E T="03">Notice of Application</E> will appear in the <E T="04">Federal Register</E> 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 <E T="03">Notice of Application</E> is published in the <E T="04">Federal Register</E>.</P> <P>(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 <E T="03">Notice of Review</E> will inform the public that Tier 1 test results are inconclusive, and Tier 2, Tier 3, or both testing are required before further consideration.</P> <P>(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 <E T="04">Federal Register</E> 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 <E T="04">Federal Register.</E> If, after receiving public comment, the Service <PRTPAGE P="58"/>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 <E T="03">Notice of Review</E> will appear in the <E T="04">Federal Register.</E> 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 <E T="04">Federal Register</E>.</P> <P>(ii) [Reserved]</P> <P>(3) <E T="03">Tier 2.</E> (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.</P> <P>(ii) Evaluation of the candidate shot or shot coating will first be in a standardized test under <E T="03">in vitro</E> conditions (see paragraph be in a standardized test under <E T="03">in vitro</E> 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 <E T="03">in vivo</E> 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.</P> <P>(A) <E T="03">In vitro erosion rate test.</E> Conduct a standardized <E T="03">in vitro</E> 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.</P> <P>(<E T="03">1</E>) <E T="03">Typical test materials:</E> Atomic absorption spectrophotometer; Drilled aluminum block to support test tubes; Thermostatically controlled stirring hot plate; Small Teflon <E T="51">®</E>-coated magnets; Hydrochloric acid (pH 2.0) and pepsin; Capped test tubes; and Lead, steel and candidate shot/coated shot.</P> <P>(<E T="03">2</E>) <E T="03">Typical test procedures.</E> 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 <E T="51">®</E> 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.</P> <P>(<E T="03">3</E>) <E T="03">Typical test analyses.</E> 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.</P> <P>(B) <E T="03">Acute toxicity test—Tier 2 (Short-term, 30-day acute toxicity test using a commercially available duck food.).</E> Over a 30-day period, conduct a short-term <PRTPAGE P="59"/>acute toxicity test that complies with the guidelines described as follows or as otherwise provided by the Service:</P> <P>(<E T="03">1</E>) <E T="03">Typical test materials:</E> 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.</P> <P>(<E T="03">2</E>) <E T="03">Typical test procedures.</E> House mallards individually in pens and give <E T="03">ad libitum</E> 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.</P> <P>(<E T="03">3</E>) <E T="03">Typical test analyses.</E> 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.</P> <P>(C) <E T="03">Daphnid and fish early-life toxicity tests.</E> 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 <E T="03">et seq.</E>), as follows:</P> <P>(<E T="03">1</E>) The first test, the <E T="03">Daphnid Acute Toxicity Test</E> (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.</P> <P>(<E T="03">2</E>) The second test is the <E T="03">Daphnid Chronic Toxicity Test</E> (conducted in accordance with 40 CFR 797.1330). This gathers data on the chronic toxicity of chemical substances in which Daphnids (<E T="03">Daphnia</E> 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.</P> <P>(<E T="03">3</E>) A third test, <E T="03">Fish Early Life Stage Toxicity Test</E> (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.</P> <P>(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 <E T="03">Notice of Review</E> 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.</P> <P>(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 <PRTPAGE P="60"/>their habitats, the Director will publish in the <E T="04">Federal Register</E> 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 <E T="04">Federal Register.</E> 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 <E T="03">Notice of Review</E> published in the <E T="04">Federal Register.</E> If the applicant chooses not to proceed, the determination denying approval of the candidate shot or shot coating will appear in the <E T="04">Federal Register</E>.</P> <P>(4) <E T="03">Tier 3.</E> (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.</P> <P>(A) <E T="03">Chronic toxicity test—Tier 3 (Long-term toxicity test under depressed temperature conditions using a nutritionally-deficient diet).</E> Conduct a chronic exposure test under adverse conditions that complies with the general guidelines described as follows unless otherwise provided by the Service:</P> <P>(<E T="03">1</E>) <E T="03">Typical test materials:</E> 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.</P> <P>(<E T="03">2</E>) <E T="03">Typical test procedures.</E> (<E T="03">i</E>) 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 <E T="03">ad libitum</E> 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.</P> <P>(<E T="03">ii</E>) 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 <PRTPAGE P="61"/>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.</P> <P>(<E T="03">3</E>) <E T="03">Typical test analyses.</E> 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.</P> <P>(B) <E T="03">Chronic dosage study—Tier 3 (Moderately long-term study that includes reproductive assessment).</E> Conduct chronic exposure reproduction trial with the general guidelines described as follows unless otherwise provided by the Service:</P> <P>(<E T="03">1</E>) <E T="03">Typical test materials:</E> 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.</P> <P>(<E T="03">2</E>) <E T="03">Typical test procedures.</E> (<E T="03">i</E>) 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 <E T="03">ad libitum</E> 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.</P> <P>(<E T="03">ii</E>) 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.</P> <P>(<E T="03">3</E>) <E T="03">Typical test analyses.</E> (<E T="03">i</E>) Any mortality, reproductive inhibition or effects on the physiological parameters <PRTPAGE P="62"/>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 <E T="03">t</E>-tests (α=0.05), or other appropriate statistical procedures by the applicant.</P> <P>(<E T="03">ii</E>) 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 <E T="03">Notice of Review</E> 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.</P> <P>(<E T="03">iii</E>) 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 <E T="04">Federal Register</E> 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 <E T="04">Federal Register</E>.</P> <P>(5) <E T="03">Residual lead levels.</E> 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.</P> <P>(6) <E T="03">Field detection device.</E> 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.</P> <APPRO>(Information collection requirements approved by the Office of Management and Budget under control no. 1018-0067)</APPRO> <CITA>[51 FR 42100, Nov. 21, 1986, as amended at 62 FR 63611, Dec. 1, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <RESERVED>Subpart M [Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart N—Special Procedures for Issuance of Annual Hunting Regulations</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>46 FR 62079, Dec. 22, 1981, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 20.151</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 20.152</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this subpart N:</P> <P>(a) <E T="03">Flyway Council</E> means the Atlantic, Mississippi, Central, or Pacific Flyway Council;</P> <P>(b) <E T="03">Regulations Committee</E> means the Migratory Bird Regulations Committee of the Fish and Wildlife Service; and</P> <P>(c) <E T="03">Significant,</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 20.153</SECTNO> <SUBJECT>Regulations committee.</SUBJECT> <P>(a) <E T="03">Notice of meetings.</E> Notice of each meeting of the Regulations Committee to be attended by any person outside <PRTPAGE P="63"/>the Department will be published in the <E T="04">Federal Register</E> 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.</P> <P>(b) <E T="03">Public observation and written comment.</E> 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.</P> <P>(c) <E T="03">Public participation.</E> 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.</P> <P>(d) <E T="03">Minutes of meetings.</E> Minutes will be made of each meeting of the Regulations Committee for which notice is published pursuant to paragraph (a) of this section.</P> </SECTION> <SECTION> <SECTNO>§ 20.154</SECTNO> <SUBJECT>Flyway Councils.</SUBJECT> <P>(a) <E T="03">Notice of meetings.</E> Notice of each meeting of a Flyway Council to be attended by any official of the Department will be published in the <E T="04">Federal Register</E> 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.</P> <P>(b) [Reserved]</P> </SECTION> <SECTION> <SECTNO>§ 20.155</SECTNO> <SUBJECT>Public file.</SUBJECT> <P>(a) <E T="03">Establishment.</E> A public file will be established for each rulemaking to which this subpart N is applicable.</P> <P>(b) <E T="03">Contents.</E> 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:</P> <P>(1) The minutes of Regulations Committee meetings made pursuant to paragraph (d) of § 20.153;</P> <P>(2) Any written comments and other significant written communications which occur after the notice of proposed rulemaking;</P> <P>(3) Summaries, identifying the source, of any significant oral communications which occure after the notice of proposed rulemaking; and</P> <P>(4) Copies of or references to any other significant data or information.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 21</EAR> <HD SOURCE="HED">PART 21—MIGRATORY BIRD PERMITS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECHD>Sec.</SECHD> <SECTNO>21.1</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <SECTNO>21.2</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <SECTNO>21.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>21.4</SECTNO> <SUBJECT>Information collection requirements.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—General Requirements and Exceptions</HD> <SECTNO>21.11</SECTNO> <SUBJECT>General permit requirements.</SUBJECT> <SECTNO>21.12</SECTNO> <SUBJECT>General exceptions to permit requirements.</SUBJECT> <SECTNO>21.13</SECTNO> <SUBJECT>Permit exceptions for captive-reared mallard ducks.</SUBJECT> <SECTNO>21.14</SECTNO> <SUBJECT>Permit exceptions for captive-reared migratory waterfowl other than mallard ducks.</SUBJECT> <SECTNO>21.15</SECTNO> <SUBJECT>Authorization of take incidental to military readiness activities.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Specific Permit Provisions</HD> <SECTNO>21.21</SECTNO> <SUBJECT>Import and export permits.</SUBJECT> <SECTNO>21.22</SECTNO> <SUBJECT>Banding or marking permits.</SUBJECT> <SECTNO>21.23</SECTNO> <SUBJECT>Scientific collecting permits.</SUBJECT> <SECTNO>21.24</SECTNO> <SUBJECT>Taxidermist permits.</SUBJECT> <SECTNO>21.25</SECTNO> <SUBJECT>Waterfowl sale and disposal permits.</SUBJECT> <SECTNO>21.26</SECTNO> <SUBJECT>Special Canada goose permit.</SUBJECT> <SECTNO>21.27</SECTNO> <SUBJECT>Special purpose permits.</SUBJECT> <SECTNO>21.28</SECTNO> <SUBJECT>Falconry permits.</SUBJECT> <SECTNO>21.29</SECTNO> <SUBJECT>Federal falconry standards.</SUBJECT> <SECTNO>21.30</SECTNO> <SUBJECT>Raptor propagation permits.</SUBJECT> <SECTNO>21.31</SECTNO> <SUBJECT>Rehabilitation permits.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Control of Depredating and Otherwise Injurious Birds</HD> <SECTNO>21.41</SECTNO> <SUBJECT>Depredation permits.</SUBJECT> <SECTNO>21.42</SECTNO> <SUBJECT>Authority to issue depredating orders to permit the killing of migratory game birds.</SUBJECT> <SECTNO>21.43</SECTNO> <SUBJECT>Depredation order for blackbirds, cowbirds, grackles, crows and magpies.</SUBJECT> <SECTNO>21.44</SECTNO> <SUBJECT>Depredation order for designated species of depredating birds in California.</SUBJECT> <SECTNO>21.45</SECTNO> <SUBJECT>Depredation order for depredating purple gallinules in Louisiana.</SUBJECT> <SECTNO>21.46</SECTNO> <SUBJECT>Depredation order for depredating scrub jays and Steller's jays in Washington and Oregon.</SUBJECT> <SECTNO>21.47</SECTNO> <SUBJECT>Depredation order for double-crested cormorants at aquaculture facilities.</SUBJECT> <SECTNO>21.48</SECTNO> <SUBJECT>Depredation order for double-crested cormorants to protect public resources.<PRTPAGE P="64"/> </SUBJECT> <SECTNO>21.49</SECTNO> <SUBJECT>Control order for resident Canada geese at airports and military airfields.</SUBJECT> <SECTNO>21.50</SECTNO> <SUBJECT>Depredation order for resident Canada geese nests and eggs.</SUBJECT> <SECTNO>21.51</SECTNO> <SUBJECT>Depredation order for resident Canada geese at agricultural facilities.</SUBJECT> <SECTNO>21.52</SECTNO> <SUBJECT>Public health control order for resident Canada geese.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Control of Overabundant Migratory Bird Populations</HD> <SECTNO>21.60</SECTNO> <SUBJECT>Conservation order for mid-continent light geese.</SUBJECT> <SECTNO>21.61</SECTNO> <SUBJECT>Population control of resident Canada geese.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>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.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>39 FR 1178, Jan. 4, 1974, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECTION> <SECTNO>§ 21.1</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <P>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).</P> <CITA>[54 FR 38150, Sept. 14, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.2</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <P>(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: <E T="03">Provide,</E> no exemption from any statute or regulation shall accrue to any offspring of such migratory birds.</P> <P>(b) This part, except for § 21.12(a), (c), and (d) (general permit exceptions); § 21.22 (banding or marking); § 21.29 (Federal falconry standards); and § 21.31 (rehabilitation), does not apply to the bald eagle (<E T="03">Haliaeetus leucocephalus</E>) or the golden eagle (<E T="03">Aquila chrysaetos</E>), for which regulations are provided in part 22 of this subchapter.</P> <P>(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).</P> <CITA>[39 FR 1178, Jan. 4, 1974, as amended at 46 FR 42680, Aug. 24, 1981; 68 FR 61137, Oct. 27, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In addition to definitions contained in part 10 of this chapter, and unless the context requires otherwise, as used in this part:</P> <P> <E T="03">Armed Forces</E> means the Army, Navy, Air Force, Marine Corps, Coast Guard, and the National Guard of any State.</P> <P> <E T="03">Bred in captivity</E> or <E T="03">captive-bred</E> refers to raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity.</P> <P> <E T="03">Captivity</E> 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.</P> <P> <E T="03">Conservation measures,</E> as used in § 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.</P> <P> <E T="03">Falconry</E> means the sport of taking quarry by means of a trained raptor.</P> <P> <E T="03">Military readiness activity, as defined in Pub. L. 107-314, § 315(f), 116 Stat. 2458 <PRTPAGE P="65"/>(Dec. 2, 2002) [Pub. L. § 319 (c)(1)],</E> 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.</P> <P> <E T="03">Population,</E> as used in § 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.</P> <P> <E T="03">Raptor</E> means a live migratory bird of the Order <E T="03">Falconiformes</E> or the Order <E T="03">Strigiformes,</E> other than a bald eagle (<E T="03">Haliaeetus leucocephalus</E>) or a golden eagle (<E T="03">Aquila chrysaetos</E>).</P> <P> <E T="03">Resident Canada geese</E> 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.</P> <P> <E T="03">Secretary of Defense</E> means the Secretary of Defense or any other national defense official who has been nominated by the President and confirmed by the Senate.</P> <P> <E T="03">Service</E> or <E T="03">we</E> means the U.S. Fish and Wildlife Service, Department of the Interior.</P> <P> <E T="03">Significant adverse effect on a population,</E> as used in § 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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.4</SECTNO> <SUBJECT>Information collection requirements.</SUBJECT> <P>(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.</P> <P>(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.</P> <CITA>[63 FR 52637, Oct. 1, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="66"/> <HD SOURCE="HED">Subpart B—General Requirements and Exceptions</HD> <SECTION> <SECTNO>§ 21.11</SECTNO> <SUBJECT>General permit requirements.</SUBJECT> <P>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 § 92.5(a) are subject to this part and not to part 92 of subchapter G of this chapter.</P> <CITA>[68 FR 43027, July 21, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.12</SECTNO> <SUBJECT>General exceptions to permit requirements.</SUBJECT> <P>The following persons or entities under the following conditions are exempt from the permit requirements:</P> <P>(a) <E T="03">Employees of the Department of the Interior (DOI):</E> DOI employees 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.</P> <P>(b) <E T="03">Employees of certain public and private institutions:</E> </P> <P>(b)(1) 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: <E T="03">Provided,</E> 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.</P> <P>(b)(2) 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.</P> <P>(c) <E T="03">Licensed veterinarians:</E> 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 <PRTPAGE P="67"/>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, 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:</P> <P>(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 <E T="03">http://offices.fws.gov</E>;</P> <P>(2) Euthanize migratory birds as required by § 21.31(e)(4)(iii) and § 21.31(e)(4)(iv), and dispose of dead migratory birds in accordance with § 21.31(e)(4)(vi); and</P> <P>(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.</P> <P>(d) <E T="03">General public:</E> Any person may remove a migratory bird from the interior of a building or structure under certain conditions.</P> <P>(1) You may humanely remove a trapped migratory bird from the interior of a residence or a commercial or government building without a Federal permit if the migratory bird:</P> <P>(i) Poses a health threat (for example, through damage to foodstuffs);</P> <P>(ii) Is attacking humans, or poses a threat to human safety because of its activities (such as opening and closing automatic doors);</P> <P>(iii) Poses a threat to commercial interests, such as through damage to products for sale; or</P> <P>(iv) May injure itself because it is trapped.</P> <P>(2) You must use a humane method to capture the bird or birds. You may not use adhesive traps to which birds may adhere (such as glue traps) or any other method of capture likely to harm the bird.</P> <P>(3) Unless you have a permit that allows you to conduct abatement activities with a raptor, you may not release a raptor into a building to either frighten or capture another bird.</P> <P>(4) You must immediately release a captured bird to the wild in habitat suitable for the species, unless it is exhausted, ill, injured, or orphaned.</P> <P>(5) If a bird is exhausted or ill, or is injured or orphaned during the removal, the property owner is responsible for immediately transferring it to a federally permitted migratory bird rehabilitator.</P> <P>(6) You may not lethally take a migratory bird for these purposes. If your actions to remove the trapped migratory bird are likely to result in its lethal take, you must possess a Federal Migratory Bird Permit. However, if a bird you are trying to remove dies, you must dispose of the carcass immediately unless you have reason to believe that a museum or scientific institution might be able to use it. In that case, you should contact your nearest Fish and Wildlife Service office or your State wildlife agency about donating the carcass.</P> <P>(7) For birds of species on the Federal List of Threatened or Endangered Wildlife, provided at 50 CFR 17.11(h), you may need a Federal threatened or endangered species permit before removing the birds (see 50 CFR 17.21 and 50 CFR 17.31).</P> <P>(8) You must have a permit from your Regional migratory bird permits office to remove a bald eagle or a golden eagle from a building (see 50 CFR Part 22).</P> <P>(9) Your action must comply with State and local regulations and ordinances. You may need a State, Tribal, or Territorial permit before you can legally remove the bird or birds.</P> <P>(10) If an active nest with eggs or nestlings is present, you must seek the assistance of a federally permitted migratory bird rehabilitator in removing the eggs or nestlings. The rehabilitator is then responsible for handling them properly.</P> <P>(11) If you need advice on dealing with a trapped bird, you should contact <PRTPAGE P="68"/>your closest Fish and Wildlife Service office or your State wildlife agency.</P> <CITA>[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; 72 FR 56928, Oct. 5, 2007]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.13</SECTNO> <SUBJECT>Permit exceptions for captive-reared mallard ducks.</SUBJECT> <P>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:</P> <P>(a) Nothing in this section shall be construed to permit the taking of live mallard ducks or their eggs from the wild.</P> <P>(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.</P> <P>(1) Removal of the hind toe from the right foot.</P> <P>(2) Pinioning of a wing: <E T="03">Provided,</E> 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.</P> <P>(3) Banding of one metatarsus with a seamless metal band.</P> <P>(4) Tattooing of a readily discernible number or letter or combination thereof on the web of one foot.</P> <P>(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: <E T="03">Provided,</E> 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.</P> <P>(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: <E T="03">Provided,</E> 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: <E T="03">Provided further,</E> That the provisions:</P> <P>(1) The hunting regulations (part 20 of this subchapter), with the exception of § 20.108 (Nontoxic shot zones), and</P> <P>(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.</P> <P>(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: <E T="03">Provided,</E> That persons, who operate game farms or shooting preserves under a State license, permit, or authorization for such activities, may remove the marked foot or wing when either the number of his State license, permit, or authorization has first been legibly stamped in ink on the back of each carcass and on the container in which each carcass is maintained, or each carcass is identified by a State band on leg or wing pursuant to requirements of his State license, permit, or authorization. When properly marked, such carcasses may be disposed of to, or acquired from, any person and possessed and transported in any number at any time or place.</P> <CITA>[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 FR 36798, Sept. 5, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.14</SECTNO> <SUBJECT>Permit exceptions for captive-reared migratory waterfowl other than mallard ducks.</SUBJECT> <P>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:</P> <P>(a) Such birds, alive or dead, or their eggs may be lawfully acquired only <PRTPAGE P="69"/>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.</P> <P>(b) All progeny of such birds or eggs hatched, reared, and retained in captivity must be physically marked as defined in § 21.13(b).</P> <P>(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: <E T="03">Provided,</E> 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.</P> <P>(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.)</P> <P>(e) At all times during possession, transportation, and storage until the raw carcasses of such birds are finally processed immediately prior to cooking, smoking, or canning, the marked foot or wing must remain attached to each carcass, unless such carcasses were marked as provided in § 21.25(c)(4) and the foot or wing removed prior to acquisition.</P> <P>(f) When any such birds, alive or dead, or their eggs are acquired from a waterfowl sale and disposal permittee, the permittee shall furnish a copy of Form 3-186, Notice of Waterfowl Sale or Transfer, indicating all information required by the form and the method or methods by which individual birds are marked as required by § 21.25(c)(2). The buyer shall retain the Form 3-186 on file for the duration of his possession of such birds or eggs or progeny or eggs thereof.</P> <CITA>[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.15</SECTNO> <SUBJECT>Authorization of take incidental to military readiness activities.</SUBJECT> <P>(a) <E T="03">Take authorization and monitoring.</E> (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.</P> <P>(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.</P> <P>(b) <E T="03">Suspension or Withdrawal of take authorization.</E> (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.</P> <P>(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:</P> <P>(i) The Armed Forces have not implemented conservation measures that:<PRTPAGE P="70"/> </P> <P>(A) Are directly related to protecting the migratory bird species affected by the proposed military readiness activity;</P> <P>(B) Would significantly reduce take of the migratory bird species affected by the military readiness activity;</P> <P>(C) Are economically feasible; and</P> <P>(D) Do not limit the effectiveness of the military readiness activity;</P> <P>(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</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(7) The responsibilities of the Secretary under paragraph (b) of this section may be fulfilled by his/her delegatee who must be an official nominated by the President and confirmed by the Senate.</P> <CITA>[72 FR 8949, Feb. 28, 2007]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Specific Permit Provisions</HD> <SECTION> <SECTNO>§ 21.21</SECTNO> <SUBJECT>Import and export permits.</SUBJECT> <P>(a) <E T="03">Permit requirement</E>. Except as provided in paragraphs (b), (c), and (d) of this section, you must have a permit to import or export migratory birds, their parts, nests, or eggs. You must meet the applicable permit requirements of the following parts of this subchapter B, even if the activity is exempt from a migratory bird import or export permit:</P> <P>(1) 13 (General Permit Procedures);</P> <P>(2) 14 (Importation, Exportation, and Transportation of Wildlife);</P> <P>(3) 15 (Wild Bird Conservation Act);<PRTPAGE P="71"/> </P> <P>(4) 17 (Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants);</P> <P>(5) 20 (Migratory Bird Hunting);</P> <P>(6) 21 (Migratory Bird Permits);</P> <P>(7) 22 (Eagle Permits); and</P> <P>(8) 23 (Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)).</P> <P>(b) <E T="03">Exception to the import permit requirements</E>. If you comply with the requirements of parts 14, 20, and 23 of this subchapter B, you do not need a migratory bird permit to import or possess migratory birds in the families Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae for personal use that were lawfully hunted by you in a foreign country. The birds may be carcasses, skins, or mounts. You must provide evidence that you lawfully took the bird or birds in, and exported them from, the country of origin. This evidence must include a hunting license and any export documentation required by the country of origin. You must keep these documents with the imported bird or birds permanently.</P> <P>(c) <E T="03">General exceptions to the export permit requirements</E>. You do not need a migratory bird export permit to:</P> <P>(1) Export live, captive-bred migratory game birds (see § 20.11 of this subpart) to Canada or Mexico if they are marked by one of the following methods:</P> <P>(i) Removal of the hind toe from the right foot;</P> <P>(ii) Pinioning of a wing by removal of all or some of the metacarpal bones of one wing, which renders the bird permanently incapable of flight;</P> <P>(iii) Banding of one metatarsus with a seamless metal band; or</P> <P>(iv) A readily discernible tattoo of numbers and/or letters on the web of one foot.</P> <P>(2) Export live, lawfully-acquired, captive-bred raptors provided you hold a valid raptor propagation permit issued under § 21.30 and you obtain a CITES permit or certificate issued under part 23 to do so. You must have full documentation of the lawful origin of each raptor, and each must be identifiable with a seamless band issued by the Service, including any raptor with an implanted microchip for identification.</P> <P>(d) <E T="03">Falconry birds covered under a CITES “pet passport.”</E> You do not need a migratory bird import or export permit to temporarily export and subsequently import a raptor or raptors you lawfully possess for falconry to and from another country for use in falconry when the following conditions are met:</P> <P>(1) You must meet applicable requirements in part 14 (Importation, Exportation, and Transportation of Wildlife) of this subchapter B.</P> <P>(2) You may need one or more additional permits to take a bird from the United States or to return home with it (see 50 CFR part 15 (Wild Bird Conservation Act), part 17 (Endangered and Threatened Wildlife and Plants), and part 23 (Convention on International Trade in Endangered Species of Wild Fauna and Flora)).</P> <P>(3) Each raptor must be covered by a CITES certificate of ownership issued under part 23 of this chapter. You must have full documentation of the lawful origin of each raptor (a copy of a propagation report with band number or a 3-186A report), and each must be identifiable with a seamless band or a permanent, nonreusable, numbered Fish and Wildlife Service leg band issued by the Service, including any raptor with an implanted microchip for identification. We may exempt a raptor from banding because of health concerns, but you must provide proof of the exemption from your falconry permitting authority.</P> <P>(4) You must bring any raptor that you export out of the country for falconry under a CITES “pet passport” back to the United States when you return.</P> <P>(5) If the raptor dies or is lost, you are not required to bring it back, but you must report the loss immediately upon your return to the United States in the manner required by the falconry regulations of your State, and according to any conditions on your CITES certificate.</P> <P>(e) <E T="03">Inspection of imported or exported migratory birds</E>. All migratory birds imported into, or exported from, the United States, and any associated documentation, may be inspected by the <PRTPAGE P="72"/>Service. You must comply with the import and export regulations in Part 14 of this chapter.</P> <P>(f) <E T="03">Applying for a migratory bird import or export permit</E>. You must apply to the appropriate Regional Director—Attention Migratory Bird Permit Office. You can find the address for your Regional Director in § 2.2 of subchapter A of this chapter. Your application package must include a completed application (form 3-200-6, or 3-200-7 if the import or export is associated with an application for a scientific collecting permit), and 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, as listed in § 13.11 of this chapter.</P> <P>(g) <E T="03">Criteria we will consider before issuing a permit</E>. After we receive a completed import or export application, the Regional Director will decide whether to issue you a permit based on the general criteria of § 13.21 of this chapter, and whether you meet the following requirements:</P> <P>(1) You are at least 18 years of age;</P> <P>(2) The bird was lawfully acquired; and</P> <P>(3) The purpose of the import or export is consistent with the conservation of the species; and</P> <P>(4) For an import permit, whether you are authorized to lawfully possess the migratory bird after it is imported.</P> <P>(h) <E T="03">Are there standard conditions for the permit?</E> Yes, standard conditions for your permit are set forth in part 13 of this subchapter B. You must also comply with the regulations in part 14 (Importation, Exportation, and Transportation of Wildlife). We may place additional requirements or restrictions on your permit as appropriate.</P> <P>(i) <E T="03">Term of a migratory bird import and export permit</E>. Your migratory bird import or export permit will be valid for not more than 5 years. It will expire on the date designated on its face unless it is amended or revoked.</P> <CITA>[73 FR 47097, Aug. 13, 2008, as amended at 73 FR 55451, Sept. 25, 2008]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.22</SECTNO> <SUBJECT>Banding or marking permits.</SUBJECT> <P>(a) <E T="03">Permit requirement.</E> 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.</P> <P>(b) <E T="03">Application procedures.</E> Applications for banding or marking permits shall be submitted by letter of application addressed to the Bird Banding Laboratory, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, Laurel, Maryland 20708. Each such application shall contain the general information and certification set forth by § 13.12(a) of this subchapter plus the following additional information:</P> <P>(1) Species and numbers proposed to be banded or marked;</P> <P>(2) Purpose of banding or marking;</P> <P>(3) State or States in which authorization is requested; and</P> <P>(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.</P> <P>(c) <E T="03">Additional permit conditions.</E> In addition to the general conditions set forth in part 13 of this subchapter B, banding or marking permits shall be subject to the following conditions:</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="73"/>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.</P> <P>(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.</P> <P>(d) <E T="03">Term of permit.</E> 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.</P> <CITA>[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.23</SECTNO> <SUBJECT>Scientific collecting permits.</SUBJECT> <P>(a) <E T="03">Permit requirement.</E> 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.</P> <P>(b) <E T="03">Application procedures.</E> Submit applications for scientific permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:</P> <P>(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;</P> <P>(2) Location or locations where such scientific collecting is proposed;</P> <P>(3) Statement of the purpose and justification for granting such a permit, including an outline of any research project involved;</P> <P>(4) Name and address of the public, scientific, or educational institution to which all specimens ultimately will be donated; and</P> <P>(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.</P> <P>(c) <E T="03">Additional permit conditions.</E> 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:</P> <P>(1) All specimens taken and possessed under authority of a scientific collecting permit must be donated and transferred to the public scientific, or educational institution designated in the permit application within 60 days following the date such permit expires or is revoked, unless the permittee has been issued a special purpose permit (See § 21.27) authorizing possession for a longer period of time.</P> <P>(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;</P> <P>(3) Unless specifically stated on the permit, a scientific collecting permit does not authorize the taking of live migratory birds from the wild.</P> <P>(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.</P> <P>(d) <E T="03">Term of permit.</E> 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.</P> <CITA>[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.24</SECTNO> <SUBJECT>Taxidermist permits.</SUBJECT> <P>(a) <E T="03">Permit requirement.</E> 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.</P> <P>(b) <E T="03">Application procedures.</E> Submit application for taxidermist permits to <PRTPAGE P="74"/>the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:</P> <P>(1) The address of premises where taxidermist services will be provided;</P> <P>(2) A statement of the applicant's qualifications and experience as a taxidermist; and</P> <P>(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.</P> <P>(c) <E T="03">Permit authorizations.</E> A permit authorizes a taxidermist to:</P> <P>(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.</P> <P>(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.</P> <P>(d) <E T="03">Additional permit conditions.</E> In addition to the general conditions set forth in part 13 of this subchapter B, taxidermist permits shall be subject to the following conditions:</P> <P>(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.</P> <P>(2) Notwithstanding the provisions of paragraph (c) of this section, the receipt, possession, and storage by a taxidermist of any migratory game birds taken by another by hunting is not authorized unless they are tagged as required by § 20.36 of this subchapter. The required tags may be removed during the taxidermy operations but must be retained by the taxidermist with the other records required to be kept and must be reattached to the mounted specimen after mounting. The tag must then remain attached until the mounted specimen is delivered to the owner.</P> <P>(e) <E T="03">Term of permit.</E> 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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.25</SECTNO> <SUBJECT>Waterfowl sale and disposal permits.</SUBJECT> <P>(a) <E T="03">Permit requirement.</E> A waterfowl sale and disposal permit is required before any person may lawfully sell, trade, donate, or otherwise dispose of, to another person, any species of captive-reared and properly marked migratory waterfowl or their eggs, except that such a permit is not required for such sales or disposals of captive-reared and properly marked mallard ducks or their eggs.</P> <P>(b) <E T="03">Application procedures.</E> Submit application for waterfowl sale and disposal permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:</P> <P>(1) A description of the area where waterfowl are to be kept;</P> <P>(2) Species and numbers of waterfowl now in possession and a statement showing from whom these were obtained;</P> <P>(3) A statement indicating the method by which individual birds are marked as required by the provisions of this part 21; and</P> <P>(4) If a State permit is required by State law, a statement as to whether or not the applicant possesses such <PRTPAGE P="75"/>State permit, giving its number and expiration date.</P> <P>(c) <E T="03">Additional permit conditions.</E> 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:</P> <P>(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.</P> <P>(2) All live migratory waterfowl possessed in captivity under authority of a valid waterfowl sale and disposal permit shall have been, prior to 6 weeks of age, physically marked as defined in § 21.13(b). All offspring of such birds hatched, reared, and retained in captivity shall be so marked prior to attaining 6 weeks of age. The preceding does not apply to captive adult geese, swans, and brant which were marked previous to March 1, 1967, by a “V” notch in the web of one foot, nor to such birds held in captivity at public zoological parks, and public scientific or educational institutions.</P> <P>(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.</P> <P>(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: <E T="03">Provided,</E> 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.</P> <P>(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: <E T="03">Provided,</E> 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: <E T="03">And provided further,</E> That on each date that any such birds or their eggs, are transferred to another person, the permittee must complete a Form 3-186, Notice of Waterfowl Sale or Transfer, indicating all information required by the form and the method or methods by which individual birds are marked as required by § 21.25(c)(2). (Service will provide supplies of form.) The permittee will furnish the original of completed Form 3-186 to the person acquiring the birds or eggs; retain one copy in his files as a record of his operations: attach one copy to the shipping container for the birds or eggs, or include the copy in shipping documents which accompany the shipment; and, on or before the last day of each month, mail two copies of each form completed during that month to the office of the Fish and Wildlife Service which issued his permit.</P> <P>(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.</P> <P>(d) <E T="03">Term of permit.</E> 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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.26</SECTNO> <SUBJECT>Special Canada goose permit.</SUBJECT> <P>(a) <E T="03">What is the special Canada goose permit and what is its purpose?</E> The special Canada goose permit is a permit issued by us to a State wildlife agency authorizing certain resident Canada <PRTPAGE P="76"/>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.</P> <P>(b) <E T="03">Who may receive a permit?</E> 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.</P> <P>(c) <E T="03">How does a State apply for a permit?</E> Any State wildlife agency wishing to obtain a permit must submit an application to the appropriate Regional Director (see § 13.11(b) of this subchapter) containing the general information and certification required by § 13.12(a) of this subchapter plus the following information:</P> <P>(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;</P> <P>(2) An estimate of the size of the resident Canada goose breeding population in the State;</P> <P>(3) The requested annual take of resident Canada geese, including eggs and nests;</P> <P>(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.</P> <P>(d) <E T="03">What are the conditions of the permit?</E> 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:</P> <P>(1) <E T="03">What are the limitations on management and control activities?</E> (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.</P> <P>(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.</P> <P>(2) <E T="03">When may a State conduct management and control activities?</E> States and their employees and agents may conduct management and control activities, including the take of resident Canada geese, under this section between March 11 and August 31. In California, Oregon and Washington, in areas where the threatened Aleutian Canada goose (<E T="03">B. c. leucoperia</E>) has been present during the previous 10 years, lethal control activities are restricted to May 1 through August 31, inclusive.</P> <P>(3) <E T="03">How must the States dispose or utilize geese taken under this permit?</E> 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.</P> <P>(4) <E T="03">How does the permit relate to existing State law?</E> 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 <PRTPAGE P="77"/>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.</P> <P>(5) <E T="03">When conducting management and control activities, are there any special inspection requirements?</E> 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.</P> <P>(6) <E T="03">What are the reporting requirements of the permit?</E> Any State employee or designated agent exercising the privileges granted by this section must keep records of all activities carried out under the authority of this permit, including the number of Canada geese killed and their disposition. The State must submit an annual report detailing activities, including the time, numbers and location of birds, eggs, and nests taken and non-lethal techniques utilized, before December 31 of each year. The State should submit the annual report to the appropriate Assistant Regional Director—Refuges and Wildlife (see § 10.22 of this subchapter).</P> <P>(7) <E T="03">What are the limitations of the special permit?</E> The following limitations apply:</P> <P>(i) Nothing in this section applies to any Federal land within a State's boundaries without written permission of the Federal Agency with jurisdiction.</P> <P>(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.</P> <P>(iii) We will only issue permits to State wildlife agencies in the conterminous United States.</P> <P>(iv) States may designate agents who must operate under the conditions of the permit.</P> <P>(v) <E T="03">How long is the special permit valid?</E> 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.</P> <P>(vi) <E T="03">Can we revoke the special permit?</E> We reserve the right to suspend or revoke any permit, as specified in §§ 13.27 and 13.28 of this subchapter.</P> <P>(e) <E T="03">What are the OMB information collection requirements of the permit program?</E> 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 <PRTPAGE P="78"/>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.</P> <CITA>[64 FR 32774, June 17, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.27</SECTNO> <SUBJECT>Special purpose permits.</SUBJECT> <P>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.</P> <P>(a) <E T="03">Permit requirement.</E> A special purpose permit is required before any person may lawfully take, salvage, otherwise acquire, transport, or possess migratory birds, their parts, nests, or eggs for any purpose not covered by the standard form permits of this part. In addition, a special purpose permit is required before any person may sell, purchase, or barter captive-bred, migratory game birds, other than waterfowl, that are marked in compliance with § 21.13(b) of this part.</P> <P>(b) <E T="03">Application procedures.</E> Submit application for special purpose permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:</P> <P>(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);</P> <P>(2) Numbers and species of migratory birds involved where same can reasonably be determined in advance; and</P> <P>(3) Statement of disposition which will be made of migratory birds involved in the permit activity.</P> <P>(c) <E T="03">Additional permit conditions.</E> Inaddition to the general conditions set forth in part 13 of this subchapter B, special purpose permits shall be subject to the following conditions:</P> <P>(1) Permittees shall maintain adequate records describing the conduct of the permitted activity, the numbers and species of migratory birds acquired and disposed of under the permit, and inventorying and identifying all migratory birds held on December 31 of each calendar year. Records shall be maintained at the address listed on the permit; shall be in, or reproducible in English; and shall be available for inspection by Service personnel during regular business hours. A permittee may be required by the conditions of the permit to file with the issuing office an annual report of operation. Annual reports, if required, shall be filed no later than January 31 of the calendar year followng the year for which the report is required. Reports, if required, shall describe permitted activities, numbers and species of migratory birds acquired and disposed of, and shall inventory and describe all migratory birds possessed under the special purpose permit on December 31 of the reporting year.</P> <P>(2) Permittees shall make such other reports as may be requested by the issuing officer.</P> <P>(3) All live, captive-bred, migratory game birds possessed under authority of a valid special purpose permit shall be physically marked as defined in § 21.13(b) of this part.</P> <P>(4) No captive-bred migratory game bird may be sold or bartered unless marked in accordance with § 21.13(b) of this part.</P> <P>(5) No permittee may take, purchase, receive or otherwise acquire, sell, barter, transfer, or otherwise dispose of any captive-bred migratory game bird <PRTPAGE P="79"/>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.</P> <P>(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.</P> <P>(d) <E T="03">Term of permit.</E> 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.</P> <CITA>[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.28</SECTNO> <SUBJECT>Falconry permits.</SUBJECT> <P>(a) <E T="03">Permit requirements.</E> 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.</P> <P>(b) <E T="03">Application procedures.</E> (1) An applicant who wishes to practice falconry in a State listed in § 21.29(k) of this part and which has been designated as a participant in a cooperative Federal/State permit application program may submit an application for a falconry permit to the appropriate agency of that State. Each such application must incorporate a completed official form approved by the Service and must include in addition to the general information required by part 13 of this subchapter all of the following:</P> <P>(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;</P> <P>(ii) A check or money order made payable to “U.S. Fish and Wildlife Service” in the amount of the application fee listed in § 13.11(d) of this subchapter.</P> <P>(iii) An original, signed certification concerning the validity of the information provided in the application in the form set forth in § 13.12(a)(5).</P> <P>(iv) Any additional information requested by the State to which the application is submitted.</P> <P>(2) Upon receipt of a joint application by a State listed in § 21.29(k) as a participant in a cooperative Federal/State permit application program, the State will process the application for a State falconry permit in accordance with its own procedures. A copy of the application, the check or money order for Federal permit fees, and the original, signed certification required by paragraph (b)(1)(iii) of this section will be forwarded to the issuing office of the Service designated by § 13.11(b) of this subchapter. If the State decides to issue a falconry permit based upon the application, a copy of the permit will also be forwarded to the appropriate issuing office of the Service.</P> <P>(3) An applicant who wishes to practice falconry in a State listed in § 21.29(k) of this subchapter, but which does not participate in a cooperative Federal/State permit application program must submit a written application for a falconry permit to the issuing office designated by § 13.11(b) of this subchapter. Each application must contain the general information and certification required by § 13.12(a) of this subchapter plus a copy of a valid State falconry permit issued to the applicant by a State listed in § 21.19(k) of this subchapter.</P> <P>(c) <E T="03">Issuance criteria.</E> Upon receiving an application completed in accordance with paragraph (b) of this section that meets all requirements of this part, the Director will issue a permit. In addition to meeting the general criteria in § 13.21(b), the applicant must have a valid State falconry permit issued by a State listed in § 21.29(k) of this subchapter.</P> <P>(d) <E T="03">Permit conditions.</E> 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:</P> <P>(1) A permittee may not take, transport, or possess a golden eagle (<E T="03">Aquila chrysaetos</E>) unless authorized in writing under § 22.24 of this subchapter.</P> <P>(2) A permit issued under this section is not valid unless the permittee has a <PRTPAGE P="80"/>valid State falconry permit issued by a State listed in § 21.29(k) of this subchapter.</P> <P>(3) A permittee may not take, possess, transport, sell, purchase, barter, or transfer any raptor for falconry purposes except under authority of a Federal falconry permit issued under this section and in compliance with the Federal falconry standards set forth in § 21.29 of this subchapter.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(7) A permittee may not take, possess, or transport any peregrine falcon (<E T="03">Falco peregrinus</E>), gyrfalcon (<E T="03">Falco rusticolus</E>), or Harris hawk (<E T="03">Parabuteo unicinctus</E>) 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.</P> <P>(i) Any peregrine falcon (<E T="03">Falco peregrinus</E>), gyrfalcon (<E T="03">Falco rusticolus</E>), or Harris hawk (<E T="03">Parabuteo unicinctus</E>) 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.</P> <P>(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.</P> <P>(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.</P> <P>(9) A permittee may not propagate raptors without prior acquisition of a valid raptor propagation permit issued under section 21.30 of this subchapter.</P> <P>(e) <E T="03">Term of permit.</E> 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.</P> <CITA>[54 FR 38152, Sept. 14, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.29</SECTNO> <SUBJECT>Federal falconry standards.</SUBJECT> <P>(a) <E T="03">Before you can practice falconry in any State.</E> 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.</P> <P>(b) <E T="03">More restrictive State laws.</E> Nothing in this section shall be construed to <PRTPAGE P="81"/>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.</P> <P>(c) <E T="03">What is the process for Federal approval of a State program?</E> 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 <E T="04">Federal Register</E> 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.</P> <P>(d) <E T="03">Permit.</E> 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.</P> <P>(e) <E T="03">Classes of permits.</E> States may have any number of classes of falconry permits provided the standards are not less restrictive than the following:</P> <P>(1) <E T="03">Apprentice</E> (<E T="03">or equivalent</E>) <E T="03">class.</E> (i) Permittee shall be at least 14 years old;</P> <P>(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;</P> <P>(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</P> <P>(iv) Permittee shall possess only the following raptors which must be taken from the wild: an American kestrel (<E T="03">Falco sparverius</E>), a red-tailed hawk (<E T="03">Buteo jamaicensis</E>), a red-shouldered hawk (<E T="03">Buteo lineatus</E>), or, in Alaska only, a goshawk (<E T="03">Accipiter gentilis</E>).</P> <P>(2) General (or equivalent) class. (i) A permittee shall be at least 18 years old;</P> <P>(ii) A permittee shall have at least two years experience in the practice of falconry at the apprentice level or its equivalent;</P> <P>(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</P> <P>(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.</P> <P>(3) <E T="03">Master</E> (<E T="03">or equivalent</E>) <E T="03">class.</E> (i) An applicant shall have at least five years experience in the practice of falconry at the general class level or its equivalent.</P> <P>(ii) A permittee may not possess more than three raptors and may not obtain more than two raptors taken from the wild for replacement birds during any 12-month period;</P> <P>(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.</P> <P>(iv) A permittee may not take, transport, or possess any golden eagle for falconry purposes unless authorized in writing under § 22.24 of this subchapter;</P> <P>(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.</P> <P>(f) <E T="03">Examination.</E> 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.</P> <P>(g) <E T="03">Facilities and equipment.</E> Statelaws or regulations shall provide that before a State falconry permit is issued the applicant's raptor housing facilities <PRTPAGE P="82"/>and falconry equipment shall be inspected and certified by a representative of the State wildlife department as meeting the following standards:</P> <P>(1) <E T="03">Facilities.</E> 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.</P> <P>(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.</P> <P>(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<FR>1/2</FR> 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.</P> <P>(2) <E T="03">Equipment.</E> The following items shall be in the possession of the applicant before he can obtain a permit or license:</P> <P>(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.);</P> <P>(ii) Leashes and swivels—At least 1 flexible, weather-resistant leash and 1 strong swivel of acceptable falconry design;</P> <P>(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;</P> <P>(iv) Outdoor perches—At least 1 weathering area perch of an acceptable design shall be provided for each raptor; and</P> <P>(v) Weighing device—A reliable scale or balance suitable for weighing the raptor(s) held and graduated to increments of not more than <FR>1/2</FR> ounce (15 gram) shall be provided.</P> <P>(3) <E T="03">Maintenance.</E> All facilities and equipment shall be kept at or above the preceding standards at all times.</P> <P>(4) <E T="03">Transportation; temporary holding.</E> 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.</P> <P>(h) <E T="03">Marking.</E> All peregrine falcons (<E T="03">Falco peregrinus</E>), gyrfalcon (<E T="03">Falco rusticolus</E>), and Harris hawk (<E T="03">Parabuteo unicinctus</E>) possessed for falconry purposes must be marked in accordance with the following provisions:</P> <P>(1) Any peregrine falcon (<E T="03">Falco peregrinus</E>), gyrfalcon (<E T="03">Falco rusticolus</E>), or Harris hawk (<E T="03">Parabuteo unicinctus</E>), 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.</P> <P>(2) Any peregrine falcon (<E T="03">Falco peregrinus</E>), gyrfalcon (<E T="03">Falco rusticolus</E>), or Harris hawk (<E T="03">Parabuteo unicinctus</E>) 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.</P> <P>(i) <E T="03">Taking restrictions.</E> State laws or regulations shall provide the following restrictions on the taking of raptors from the wild:</P> <P>(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.<PRTPAGE P="83"/> </P> <P>(2) First-year (passage) birds may be taken only during the period specified by the State;</P> <P>(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</P> <P>(4) Only American kestrels (<E T="03">Falcosparverius</E>) and great-horned owls (<E T="03">Bubo virginianus</E>) 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.</P> <P>(j) <E T="03">Other restrictions.</E> State laws or regulations shall provide the following restrictions or conditions:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(k) <E T="03">States meeting Federal falconry standards.</E> We have determined that the following States meet or exceed the minimum Federal falconry standards established in this section for regulating the taking, possession, and transportation of raptors for the purpose of falconry. The States that are participants in a cooperative Federal/State permit system are designated by an asterisk (*). </P> <EXTRACT> <FP SOURCE="FP-1">*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.</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.30</SECTNO> <SUBJECT>Raptor propagation permits.</SUBJECT> <P>(a) <E T="03">Permit requirement.</E> 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, <PRTPAGE P="84"/>raptor egg, or raptor semen for propagation purposes.</P> <P>(b) <E T="03">Application procedures.</E> Submit application for raptor propagation permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:</P> <P>(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;</P> <P>(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);</P> <P>(3) A statement fully describing the nature and extent of the applicant's experience with raptor propagation or handling raptors;</P> <P>(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;</P> <P>(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;</P> <P>(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;</P> <P>(7) A statement indicating whether the applicant requests authority to take raptors or raptor eggs from the wild.</P> <P>(c) <E T="03">Issuance criteria.</E> Upon receiving an application completed in accordance with paragraph (b) of this section, the Director will decide whether a permit should be issued. In making this decision, the Director shall consider, in addition to the general criteria in § 13.21(b) of this chapter, the following factors:</P> <P>(1) Whether an applicant's raptor propagation facilities are adequate for the number and species of raptors to be held under the permit.</P> <P>(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.</P> <P>(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.</P> <P>(4) If the applicant requests authority to take raptors or raptor eggs from the wild:</P> <P>(i) Whether issuance of the permit would have a significant effect on any wild population of raptors;</P> <P>(ii) Whether suitable captive stock is available; and</P> <P>(iii) Whether wild stock is needed to enhance the genetic variability of captive stock.</P> <P>(d) <E T="03">Additional permit conditions.</E> In addition to the general conditions found in part 13 of this chapter, raptor propagation permits are subject to the following additional conditions:</P> <P>(1) <E T="03">Facilities.</E> Any tethered raptor possessed under this permit must be maintained in accordance with the Federal falconry standards for “facilities and equipment” described in § 21.29(g), unless a specific exception in writing is obtained. For untethered raptors, the breeding facilities must be soundly constructed and entirely enclosed with wood, wire netting, or other suitable material which provides a safe, health, environment. The design of such facilities and ancillary equipment must:</P> <P>(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;</P> <P>(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<PRTPAGE P="85"/> </P> <P>(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.</P> <P>(2) <E T="03">Incubation of eggs.</E> 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.</P> <P>(3) <E T="03">Marking requirement.</E> 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:</P> <P>(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.</P> <P>(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:</P> <P>(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;</P> <P>(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;</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) <E T="03">Taking Raptors or Raptor Eggs from the Wild.</E> Any permit authorizing the permittee to take raptors or raptor eggs from the wild for propagation purposes is subject to the following additional restrictions:</P> <P>(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;</P> <P>(ii) No raptor listed in § 17.11 of this chapter as “endangered” or “threatened” may be taken from the wild without first obtaining the proper permit under part 17 of this chapter; and</P> <P>(iii) No raptor or raptor egg may be taken from the wild except in accordance with State law.</P> <P>(5) <E T="03">Transfer, purchase, sale, or barter of raptors, raptor eggs, or raptor semen.</E> (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.</P> <P>(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:</P> <P>(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;</P> <P>(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</P> <P>(C) When the permittee transfers to, sells to or barters with any person in a foreign country, that person must be <PRTPAGE P="86"/>authorized to possess, purchase or barter captive-bred raptors by the competent wildlife management authority of his/her country of residence or domicile and the same wildlife management authority must certify in writing that the recipient is an experienced falconer or raptor propagator who is required to maintain any raptors in his/her possession under conditions that are comparable to the conditions under which a permittee must maintain raptors under § 21.29 or § 21.30. No certification is required if the competent wildlife management authority itself is the recipient of captive-bred raptors for conservation purposes.</P> <P>(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.</P> <P>(iv) A permittee may purchase, sell, or barter semen collected from any captive-bred raptor.</P> <P>(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.</P> <P>(6) <E T="03">Use of Service form 3-186A.</E> 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. <E T="03">Provided,</E> 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.</P> <P>(7) <E T="03">Documentation of lawful possession.</E> 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.</P> <P>(8) <E T="03">Temporary possession.</E> 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.</P> <P>(9) <E T="03">Sale, purchase, barter.</E> 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.</P> <P>(10) <E T="03">Transfer to another.</E> 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.</P> <P>(11) <E T="03">Use in falconry.</E> 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.</P> <P>(12) <E T="03">Interspecific hybridization.</E> 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.</P> <P>(13) <E T="03">Possession of dead raptors, non-viable eggs, nests, and feathers.</E> (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 <PRTPAGE P="87"/>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.</P> <P>(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.</P> <P>(14) <E T="03">Intentional release to the wild.</E> (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.</P> <P>(ii) No raptor produced by interspecific hybridization may be intentionally released to the wild.</P> <P>(15) <E T="03">Recordkeeping.</E> A permittee must maintain complete and accurate records of all operations, to include the following:</P> <P>(i) Acquisition of raptors, eggs, or semen from sources other than production.</P> <P>(A) Description of stock:</P> <P>(<E T="03">1</E>) Species, sex, age of each (if applicable),</P> <P>(<E T="03">2</E>) Genotype-natal area (geographical breeding site or area that captive stock represents, e.g., Colville River, Alaska; unknown; migrant taken in Maryland, etc.), and</P> <P>(<E T="03">3</E>) Marker number (if applicable).</P> <P>(B) Type of stock (including number or amount):</P> <P>(<E T="03">1</E>) Semen,</P> <P>(<E T="03">2</E>) Egg, or</P> <P>(<E T="03">3</E>) Bird.</P> <P>(C) How acquired:</P> <P>(<E T="03">1</E>) Purchase, barter, or transfer (include the purchase price or a description of any other consideration involved), or</P> <P>(<E T="03">2</E>) Taken from the wild.</P> <P>(D) Date acquired: month, day, and year.</P> <P>(E) From whom or where stock acquired:</P> <P>(<E T="03">1</E>) Name, address, and permit number of seller, barterer, or transferor; or</P> <P>(<E T="03">2</E>) Location where stock taken from the wild.</P> <P>(ii) Disposition of raptors, eggs, or semen.</P> <P>(A) Description of stock:</P> <P>(<E T="03">1</E>) Species, sex, age of each (if applicable),</P> <P>(<E T="03">2</E>) Genotype-natal area (geographical breeding site or area that captive stock represents, e.g., Colville River, Alaska; unknown; migrant taken in Maryland, etc.), and</P> <P>(<E T="03">3</E>) Marker number (if applicable).</P> <P>(B) Type of stock (including number or amount):</P> <P>(<E T="03">1</E>) Semen,</P> <P>(<E T="03">2</E>) Egg, or</P> <P>(<E T="03">3</E>) Bird.</P> <P>(C) Manner of disposition:</P> <P>(<E T="03">1</E>) Sale, barter, or transfer (include the sale price or a description of any other consideration involved),</P> <P>(<E T="03">2</E>) Live loss,</P> <P>(<E T="03">3</E>) Intentional release to the wild, or</P> <P>(<E T="03">4</E>) Death.</P> <P>(D) Date of disposition: month, day, and year.</P> <P>(E) To whom or where stock disposed:</P> <P>(<E T="03">1</E>) Name, address, and permit number of purchaser, barterer, or transferee, or</P> <P>(<E T="03">2</E>) Description and location of other disposition.</P> <P>(iii) Production and pedigree record.</P> <P>(A) Mother and father(s):</P> <P>(<E T="03">1</E>) Species,</P> <P>(<E T="03">2</E>) Genotype-natal area, and</P> <P>(<E T="03">3</E>) Marker number.</P> <P>(B) Insemination:</P> <P>(<E T="03">1</E>) Natural,</P> <P>(<E T="03">2</E>) Artificial, or</P> <P>(<E T="03">3</E>) Combined.</P> <P>(C) Eggs laid:</P> <P>(<E T="03">1</E>) Total,</P> <P>(<E T="03">2</E>) First date, and</P> <P>(<E T="03">3</E>) Last date.</P> <P>(D) Eggs hatched:</P> <P>(<E T="03">1</E>) Total,</P> <P>(<E T="03">2</E>) First date, and</P> <P>(<E T="03">3</E>) Last date.</P> <P>(E) Young raised to 2 weeks of age:</P> <P>(<E T="03">1</E>) Total produced, and</P> <P>(<E T="03">2</E>) Marker number and date marked for each raptor.</P> <P>(16) <E T="03">Annual report.</E> A permittee must submit an annual report by January 31 <PRTPAGE P="88"/>of each year for the preceding year to the Director. The report must include the following information for each species possessed by the permittee:</P> <P>(i) Number of raptors possessed as of December 31 (including the species, marker number, sex, and age of each raptor).</P> <P>(ii) Number of females laying eggs.</P> <P>(iii) Number of eggs laid.</P> <P>(iv) Number of eggs hatched.</P> <P>(v) Number of young raised to 2 weeks of age.</P> <P>(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.</P> <P>(e) <E T="03">Term of permit.</E> 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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.31</SECTNO> <SUBJECT>Rehabilitation permits.</SUBJECT> <P>(a) <E T="03">What is the permit requirement?</E> Except as provided in § 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.</P> <P>(b) <E T="03">What are the general permit provisions?</E> (1) The permit authorizes you to:</P> <P>(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;</P> <P>(ii) Transport such birds to a suitable habitat for release, to another permitted rehabilitator's facilities, or to a veterinarian;</P> <P>(iii) Transfer, release, or euthanize such birds;</P> <P>(iv) Transfer or otherwise dispose of dead specimens; and</P> <P>(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.</P> <P>(2) The permit does not authorize the use of migratory birds for educational purposes.</P> <P>(c) <E T="03">How do I apply for a migratory bird rehabilitation permit?</E> You must apply to the appropriate Regional Director—Attention Migratory Bird Permit Office. You can find addresses for the appropriate Regional Directors in § 2.2 of subchapter A of this chapter. Your application package must consist of the following:</P> <P>(1) A completed application (Form 3-200-10b);</P> <P>(2) A copy of your State rehabilitation permit, license, or other authorization, if one is required in your State; and</P> <P>(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 § 13.11 of this chapter.</P> <P>(d) <E T="03">What criteria will the Service consider before issuing a permit?</E> (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 § 13.21 of this chapter and whether you meet the following requirements:</P> <P>(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.</P> <P>(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.<PRTPAGE P="89"/> </P> <P>(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.</P> <P>(iv) You must have a State permit, license, or other authorization to rehabilitate migratory birds if such authorization required by your State.</P> <P>(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.</P> <P>(e) <E T="03">What are the standard conditions for this permit?</E> In addition to the general permit conditions set forth in part 13 of this chapter, rehabilitation permits are subject to the following conditions:</P> <P>(1) <E T="03">Facilities.</E> 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 (<E T="03">Minimum Standards for Wildlife Rehabilitation, 2000</E>).<SU>1</SU> <FTREF/> 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:</P> <FTNT> <P> <SU>1</SU> Copies may be obtained by contacting either the National Wildlife Rehabilitators Association: 14 North 7th Avenue, St. Cloud MN 56303-4766, <E T="03">http://www.nwawildlife.org/default.asp;</E> or the International Wildlife Rehabilitation Council: 829 Bancroft Way, Berkeley, CA 94710, <E T="03">http://www.iwrc-online.org.</E> </P> </FTNT> <P>(i) Rehabilitation facilities for migratory birds must be secure and provide protection from predators, domestic animals, undue human disturbance, sun, wind, and inclement weather.</P> <P>(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.</P> <P>(iii) Enclosures must be kept clean, well-ventilated, and hygienic.</P> <P>(iv) Birds must not be overcrowded, and must be provided enough perches, if applicable.</P> <P>(v) Birds must be housed only with compatible migratory bird species.</P> <P>(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.</P> <P>(2) <E T="03">Dietary requirements.</E> You must provide the birds in your care with a 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.</P> <P>(3) <E T="03">Subpermittees.</E> 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.</P> <P>(4) <E T="03">Disposition of birds under your care.</E> (i) You must take every precaution to avoid imprinting or habituating birds <PRTPAGE P="90"/>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.</P> <P>(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.</P> <P>(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:</P> <P>(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;</P> <P>(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</P> <P>(C) The issuing office specifically authorizes continued possession, medical treatment, and rehabilitative care of the bird.</P> <P>(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.</P> <P>(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.</P> <P>(vi)(A) You may donate dead birds and parts thereof, except threatened and endangered species, and bald and golden eagles, to persons authorized by permit to possess migratory bird specimens or exempted from permit requirements under § 21.12.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.<PRTPAGE P="91"/> </P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) <E T="03">Notification to the U.S. Fish and Wildlife Service.</E> (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.</P> <P>(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 <E T="03">http://offices.fws.gov.</E> </P> <P>(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.</P> <P>(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.</P> <P>(7) <E T="03">Recordkeeping.</E> 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.</P> <P>(8) <E T="03">Annual report.</E> 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 report contains all, and only, the information required by Form 3-202-4.</P> <P>(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.</P> <P>(f) <E T="03">How does this permit apply to oil and hazardous waste spills?</E> 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.</P> <P>(1) <E T="03">Permit provisions in oil or hazardous material spills.</E> (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.</P> <P>(ii) This permit does not authorize salvage of dead migratory birds. When <PRTPAGE P="92"/>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 <E T="03">http://offices.fws.gov.</E> 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.</P> <P>(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.</P> <P>(2) <E T="03">Conditions specific to oil and hazardous waste spills</E>—(i) <E T="03">Facilities.</E> 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 <E T="03">Best Practices for Migratory Bird Care During Oil Spill Response.</E> <SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU> 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.</P> </FTNT> <P>(ii) <E T="03">Subpermittees.</E> 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.</P> <P>(g) <E T="03">Will I also need a permit from the State in which I live?</E> 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.</P> <P>(h) <E T="03">How long is a migratory bird rehabilitation permit valid?</E> 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.</P> <P>(i) <E T="03">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 § 21.27 (Special purpose permits)?</E> (1) If you had a valid Special Purpose—Migratory Bird Rehabilitation Permit issued under § 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.</P> <P>(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.</P> <P>(3) If your facilities have already been approved on the basis of photographs and diagrams, and authorized under a valid § 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 <PRTPAGE P="93"/>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 § 13.22 of this chapter.</P> <CITA>[68 FR 61137, Oct. 27, 2003]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Control of Depredating and Otherwise Injurious Birds</HD> <SECTION> <SECTNO>§ 21.41</SECTNO> <SUBJECT>Depredation permits.</SUBJECT> <P>(a) <E T="03">Permit requirement.</E> Except as provided in §§ 21.42 through 21.46, a depredation permit is required before any person may take, possess, or transport migratory birds for depredation control purposes. No permit is required merely to scare or herd depredating migratory birds other than endangered or threatened species or bald or golden eagles.</P> <P>(b) <E T="03">Application procedures.</E> Submit application for depredation permits to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:</P> <P>(1) A description of the area where depredations are occurring;</P> <P>(2) The nature of the crops or other interests being injured;</P> <P>(3) The extent of such injury; and</P> <P>(4) The particular species of migratory birds committing the injury.</P> <P>(c) <E T="03">Additional permit conditions.</E> Inaddition to the general conditions set forth in part 13 of this subchapter B, depredation permits shall be subject to requires, in this section:</P> <P>(1) Permittees may not kill migratory birds unless specifically authorized on the permit.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) Only persons named on the permit are authorized to act as agents of the permittee under authority of the permit.</P> <P>(d) <E T="03">Tenure of permits.</E> 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.</P> <CITA>[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63 FR 52637, Oct. 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.42</SECTNO> <SUBJECT>Authority to issue depredating orders to permit the killing of migratory game birds.</SUBJECT> <P>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 <E T="04">Federal Register</E> a depredation order to permit the killing of such birds under the following conditions:</P> <P>(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;</P> <P>(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 <E T="04">Federal Register</E> an order of revocation;</P> <P>(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: <E T="03">Provided,</E> That any migratory game birds <PRTPAGE P="94"/>which cannot be so utilized shall be disposed of as prescribed by the Director;</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 21.43</SECTNO> <SUBJECT>Depredation order for blackbirds, cowbirds, grackles, crows and magpies.</SUBJECT> <P>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: <E T="03">Provided:</E> </P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.44</SECTNO> <SUBJECT>Depredation order for designated species of depredating birds in California.</SUBJECT> <P>In any county in California in which horned larks, golden-crowned, white-crowned and other crowned sparrows, and house finches are, under extraordinary conditions, seriously injurious to agricultural or other interests, the Commissioner of Agriculture may, without a permit, kill or cause to be killed under his/her general supervision such of the above migratory birds as may be necessary to safeguard any agricultural or horticultural crop in the county: <E T="03">Provided:</E> </P> <P>(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.</P> <P>(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.</P> <CITA>[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989; 55 FR 17352, Apr. 24, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.45</SECTNO> <SUBJECT>Depredation order for depredating purple gallinules in Louisiana.</SUBJECT> <P>Landowners, sharecroppers, tenants, or their employees or agents, actually engaged in the production of rice in Louisiana, may, without a permit, shoot purple gallinules (<E T="03">Ionornis martinica</E>) when found committing or about to commit serious depredations <PRTPAGE P="95"/>to growing rice crops on the premises owned or occupied by such persons: <E T="03">Provided:</E> </P> <P>(a) That purple gallinules may only be killed pursuant to this section between May 1 and August 15 in any year.</P> <P>(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: <E T="03">Provided,</E> 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: <E T="03">Provided further,</E> That any purple gallinules killed under authority of this section may also be donated to charitable institutions for food purposes.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 21.46</SECTNO> <SUBJECT>Depredation order for depredating scrub jays and Steller's jays in Washington and Oregon.</SUBJECT> <P>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 (<E T="03">Aphelocoma coerulescens</E>) and Steller's jays (<E T="03">Cyanocitta stelleri</E>) when found committing or about to commit serious depredations to nut crops on the premises owned or occupied by such persons: <E T="03">Provided:</E> </P> <P>(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.</P> <P>(b) That scrub jays and Steller's jays taken pursuant to this section shall not be transported or sold or offered for sale except that, such transportation within the area, as may be necessary to bury or otherwise destroy the carcasses of such birds is permitted: <E T="03">Provided,</E> 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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(f) That any person authorized by this section to exercise the privileges granted therein shall maintain records <PRTPAGE P="96"/>of the number of birds killed on the premises and shall submit a report thereof, on or before December 31 of each year, to the appropriate Special Agent in Charge (see § 10.22 of this subchapter).</P> <CITA>[39 FR 31326, Aug. 28, 1974]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.47</SECTNO> <SUBJECT>Depredation order for double-crested cormorants at aquaculture facilities.</SUBJECT> <P>(a) <E T="03">What is the purpose of this depredation order?</E> 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.</P> <P>(b) <E T="03">In what areas can this depredation order be implemented?</E> 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.</P> <P>(c) <E T="03">What does this depredation order allow and who can participate?</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(d) <E T="03">What are the terms and conditions of this order?</E> (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.</P> <P>(2) Double-crested cormorants may be taken only by shooting with firearms, including rifles. Persons using shotguns are required to use nontoxic shot as listed in 50 CFR 20.21(j).</P> <P>(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.</P> <P>(4) Persons operating under this depredation order must obtain appropriate landowner permission before implementing activities authorized by the order.</P> <P>(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.</P> <P>(6) Persons operating under this depredation order must properly dispose of double-crested cormorants killed in control efforts:</P> <P>(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;</P> <P>(ii) Individuals may also bury or incinerate birds taken; and</P> <P>(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.</P> <P>(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 <PRTPAGE P="97"/>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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(9) Persons operating under this depredation order must:</P> <P>(i) Keep a log recording the date, number, and location of all birds killed each year under this authorization;</P> <P>(ii) Maintain this log for a period of 3 years (and maintain records for 3 previous years of takings at all times thereafter); and</P> <P>(iii) Each year, provide the previous year's log to the appropriate Service Regional Migratory Bird Permit Office. Regional Office addresses are found in § 2.2 of subchapter A of this chapter.</P> <P>(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 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 §§ 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 § 13.29(e), appeals shall be made to the Director.</P> <P>(e) <E T="03">Does this section contain information collection requirements?</E> 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.</P> <P>(f) <E T="03">When does this depredation order expire?</E> This depredation order will automatically expire on April 30, 2009, unless revoked or extended prior to that date.</P> <CITA>[68 FR 58034, Oct. 8, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.48</SECTNO> <SUBJECT>Depredation order for double-crested cormorants to protect public resources.</SUBJECT> <P>(a) <E T="03">What is the purpose of this depredation order?</E> The purpose of this depredation order is to reduce the occurrence and/or minimize the risk of adverse impacts to public resources (fish, wildlife, <PRTPAGE P="98"/>plants, and their habitats) caused by double-crested cormorants.</P> <P>(b) <E T="03">In what areas can this depredation order be implemented?</E> 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.</P> <P>(c) <E T="03">What does this depredation order allow and who can participate?</E> (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.</P> <P>(2) Agencies may designate agents to carry out control, provided those individuals act under the conditions of the order.</P> <P>(3) Federally recognized Tribes and their agents may carry out control only on reservation lands or ceded lands within their jurisdiction.</P> <P>(d) <E T="03">What are the terms and conditions of this order?</E> (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.</P> <P>(2) Double-crested cormorants may be taken only by means of egg oiling, egg and nest destruction, cervical dislocation, firearms, and CO<E T="52">2</E> 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.</P> <P>(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.</P> <P>(4) Persons operating under this depredation order must obtain appropriate landowner permission before implementing activities authorized by the order.</P> <P>(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.</P> <P>(6) Persons operating under this depredation order must properly dispose of double-crested cormorants killed in control efforts:</P> <P>(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;</P> <P>(ii) Individuals may also bury or incinerate birds taken; and</P> <P>(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.</P> <P>(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.</P> <P>(8) Nothing in this depredation order authorizes the take of any species protected by the Endangered Species Act. <PRTPAGE P="99"/>Persons operating under this order must immediately report the take of species protected under the Endangered Species Act to the Service.</P> <P>(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:</P> <P>(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;</P> <P>(B) Other control activities such as egg oiling, cervical dislocation, CO<E T="52">2</E> 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;</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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:</P> <P>(A) The location (indicating specific colonies, if applicable) of the proposed control activity;</P> <P>(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</P> <P>(C) Contact information for the person in charge of the control action.</P> <P>(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.</P> <P>(10) Persons operating under this order must keep records of all activities, including those of designated <PRTPAGE P="100"/>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:</P> <P>(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;</P> <P>(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;</P> <P>(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;</P> <P>(iv) A description of the evidence supporting the conclusion that double-crested cormorants are causing or will cause these impacts;</P> <P>(v) A discussion of other limiting factors affecting the resource (e.g., biological, environmental, and socioeconomic); and</P> <P>(vi) A discussion of how control efforts are expected to, or actually did, alleviate resource impacts.</P> <P>(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.</P> <P>(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.</P> <P>(i) For such actions, Agencies must:</P> <P>(A) Comply with paragraph (d)(9) of this section;</P> <P>(B) Carefully plan activities to avoid disturbance of nontarget species;</P> <P>(C) Evaluate effects of management activities on cormorants at the control site;</P> <P>(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</P> <P>(E) Include this information in the report described in paragraph (d)(10) of this section.</P> <P>(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.</P> <P>(13) We reserve the right to suspend or revoke the authority of any Agency, Tribe, or State Director granted by 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 §§ 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 § 13.29(e), appeals shall be made to the Director.</P> <P>(e) <E T="03">Does this section contain information collection requirements?</E> 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.</P> <P>(f) <E T="03">When does this depredation order expire?</E> This depredation order will automatically expire on April 30, 2009, unless revoked or extended prior to that date.</P> <CITA>[68 FR 58035, Oct. 8, 2003]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.49</SECTNO> <SUBJECT>Control order for resident Canada geese at airports and military airfields.</SUBJECT> <P>(a) <E T="03">Which Canada geese are covered by this order?</E> This regulation addresses <PRTPAGE P="101"/>the control and management of resident Canada geese, as defined in § 21.3.</P> <P>(b) <E T="03">What is the control order for resident Canada geese at airports, and what is its purpose?</E> 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.</P> <P>(c) <E T="03">Who may participate in the program?</E> 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.</P> <P>(d) <E T="03">What are the restrictions of the control order for resident Canada geese at airports and military airfields?</E> The airport control order for resident Canada geese is subject to the following restrictions:</P> <P>(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:</P> <P>(i) Assess the problem to determine its extent or magnitude, its impact on current operations, and the appropriate control method to be used.</P> <P>(ii) Base control methods on sound biological, environmental, social, and cultural factors.</P> <P>(iii) Formulate appropriate methods into a control strategy that uses several control techniques rather than relying on a single method.</P> <P>(iv) Implement all appropriate nonlethal management techniques (such as harassment and habitat modification) in conjunction with take authorized under this order.</P> <P>(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:</P> <P>(A) Egg oiling,</P> <P>(B) Egg and nest destruction,</P> <P>(C) Shooting,</P> <P>(D) Lethal and live traps,</P> <P>(E) Nets,</P> <P>(F) Registered animal drugs, pesticides, and repellants,</P> <P>(G) Cervical dislocation, and</P> <P>(H) CO<E T="52">2</E> asphyxiation.</P> <P>(ii) Birds caught live may be euthanized or transported and relocated to another site approved by the State or Tribal wildlife agency, if required.</P> <P>(iii) All techniques used must be in accordance with other Federal, State, and local laws, and their use must comply with any labeling restrictions.</P> <P>(iv) Persons using shotguns must use nontoxic shot, as listed in § 20.21(j) of this subchapter.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="102"/>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).</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 § 2.2 of this subchapter.</P> <P>(9) Nothing in this section applies to any Federal land without written permission of the Federal agency with jurisdiction.</P> <P>(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:</P> <P>(i) Follow the Federal-State Contingency Plan for the whooping crane;</P> <P>(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest;</P> <P>(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all management activities;</P> <P>(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</P> <P>(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:</P> <P>(A) <E T="03">Birds:</E> 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.</P> <P>(B) <E T="03">Amphibians:</E> California red-legged frog and California tiger salamander.</P> <P>(C) <E T="03">Insects:</E> Valley elderberry longhorn beetle and delta green ground beetle.<PRTPAGE P="103"/> </P> <P>(D) <E T="03">Crustaceans:</E> Vernal pool fairy shrimp, conservancy fairy shrimp, longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy shrimp, and Riverside fairy shrimp.</P> <P>(E) <E T="03">Plants:</E> 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.</P> <P>(e) <E T="03">Can the control order be suspended?</E> 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 §§ 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 § 13.29(e), appeals must be made to the Director.</P> <P>(f) <E T="03">Has the Office of Management and Budget (OMB) approved the information collection requirements of the control order?</E> 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.</P> <CITA>[71 FR 45986, Aug. 10, 2006, as amended at 72 FR 46408, Aug. 20, 2007]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.50</SECTNO> <SUBJECT>Depredation order for resident Canada geese nests and eggs.</SUBJECT> <P>(a) <E T="03">Which Canada geese are covered by this order?</E> This regulation addresses the control and management of resident Canada geese, as defined in § 21.3.</P> <P>(b) <E T="03">What is the depredation order for resident Canada geese nests and eggs, and what is its purpose?</E> 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.</P> <P>(c) <E T="03">Who may participate in the depredation order?</E> Only landowners, homeowners' associations, and local governments (and their employees or their agents) in the lower 48 States and the District of Columbia are eligible to implement the resident Canada goose nest and egg depredation order.</P> <P>(d) <E T="03">What are the restrictions of the depredation order for resident Canada goose nests and eggs?</E> The resident Canada goose nest and egg depredation order is subject to the following restrictions:</P> <P>(1) Before any management actions can be taken, landowners, homeowners' associations, and local governments must register with the Service at <E T="03">https://epermits.fws.gov/eRCGR.</E> 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.</P> <P>(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.</P> <P>(3) Methods of nest and egg destruction or take are at the registrant's discretion from among the following:<PRTPAGE P="104"/> </P> <P>(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</P> <P>(ii) Egg and nest destruction, including but not limited to the removal and disposal of eggs and nest material.</P> <P>(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.</P> <P>(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.</P> <P>(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 <E T="03">https://epermits.fws.gov/eRCGR</E> before any subsequent registration for the following year.</P> <P>(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.</P> <P>(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:</P> <P>(i) Follow the Federal-State Contingency Plan for the whooping crane;</P> <P>(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest;</P> <P>(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all management activities;</P> <P>(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</P> <P>(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:</P> <P>(A) <E T="03">Birds:</E> 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.</P> <P>(B) <E T="03">Amphibians:</E> California red-legged frog and California tiger salamander.</P> <P>(C) <E T="03">Insects:</E> Valley elderberry longhorn beetle and delta green ground beetle.</P> <P>(D) <E T="03">Crustaceans:</E> Vernal pool fairy shrimp, conservancy fairy shrimp, longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy shrimp, and Riverside fairy shrimp.</P> <P>(E) <E T="03">Plants:</E> 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 <PRTPAGE P="105"/>grass, slender Orcutt grass, California Orcutt grass, spreading navarretia, and San Jacinto Valley crownscale.</P> <P>(e) <E T="03">Can the depredation order be suspended?</E> 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 §§ 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 § 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.</P> <P>(f) <E T="03">Has the Office of Management and Budget (OMB) approved the information collection requirements of the depredation order?</E> 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.</P> <CITA>[71 FR 45988, Aug. 10, 2006, as amended by 72 FR 46408, Aug. 20, 2007]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.51</SECTNO> <SUBJECT>Depredation order for resident Canada geese at agricultural facilities.</SUBJECT> <P>(a) <E T="03">Which Canada geese are covered by this order?</E> This regulation addresses the control and management of resident Canada geese, as defined in § 21.3.</P> <P>(b) <E T="03">What is the depredation order for resident Canada geese at agricultural facilities, and what is its purpose?</E> 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.</P> <P>(c) <E T="03">Who may participate in the depredation order?</E> State and Tribal wildlife agencies in the following States may authorize agricultural producers (or their employees or agents) to conduct 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.</P> <P>(d) <E T="03">What are the restrictions of the depredation order for resident Canada geese at agricultural facilities?</E> The depredation order for resident Canada geese at agricultural facilities is subject to the following restrictions:</P> <P>(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.<PRTPAGE P="106"/> </P> <P>(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:</P> <P>(i) Assess the problem to determine its extent or magnitude, its impact to current operations, and the appropriate control method to be used.</P> <P>(ii) Base control methods on sound biological, environmental, social, and cultural factors.</P> <P>(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.</P> <P>(iv) Implement all appropriate nonlethal management techniques (such as harassment and habitat modification) in conjunction with take authorized under this order.</P> <P>(3)(i) Methods of take for the control of resident Canada geese are at the State's or Tribe's discretion among the following:</P> <P>(A) Egg oiling,</P> <P>(B) Egg and nest destruction,</P> <P>(C) Shotguns,</P> <P>(D) Lethal and live traps,</P> <P>(E) Nets,</P> <P>(F) Registered animal drugs, pesticides, and repellants,</P> <P>(G) Cervical dislocation, and</P> <P>(H) CO<E T="52">2</E> asphyxiation.</P> <P>(ii) Birds caught live may be euthanized or transported and relocated to another site approved by the State or Tribal wildlife agency, if required.</P> <P>(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.</P> <P>(iv) Persons using shotguns must use nontoxic shot, as listed in § 20.21(j) of this subchapter.</P> <P>(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.</P> <P>(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.</P> <P>(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).</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(9) Nothing in this section authorizes the killing of resident Canada geese or the destruction of their nests and eggs <PRTPAGE P="107"/>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.</P> <P>(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 § 2.2 of this subchapter.</P> <P>(11) Nothing in this section applies to any Federal land without written permission of the Federal agency with jurisdiction.</P> <P>(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:</P> <P>(i) Follow the Federal-State Contingency Plan for the whooping crane;</P> <P>(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest; and</P> <P>(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all management activities.</P> <P>(e) <E T="03">Can the depredation order be suspended?</E> 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 §§ 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 § 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.</P> <P>(f) <E T="03">Has the Office of Management and Budget (OMB) approved the information collection requirements of the depredation order?</E> 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.</P> <CITA>[71 FR 45989, Aug. 10, 2006]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.52</SECTNO> <SUBJECT>Public health control order for resident Canada geese.</SUBJECT> <P>(a) <E T="03">Which Canada geese are covered by this order?</E> This regulation addresses the control and management of resident Canada geese, as defined in § 21.3.</P> <P>(b) <E T="03">What is the public health control order for resident Canada geese, and what is its purpose?</E> 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.<PRTPAGE P="108"/> </P> <P>(c) <E T="03">What is a direct threat to human health?</E> 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.</P> <P>(d) <E T="03">Who may participate in the program?</E> 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.</P> <P>(e) <E T="03">What are the restrictions of the public health depredation order for resident Canada geese?</E> The public health control order for resident Canada geese is subject to the following restrictions:</P> <P>(1) Authorized State and Tribal wildlife agencies should use nonlethal goose management tools to the extent they deem appropriate.</P> <P>(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:</P> <P>(A) Egg oiling,</P> <P>(B) Egg and nest destruction,</P> <P>(C) Shotguns,</P> <P>(D) Lethal and live traps,</P> <P>(E) Nets,</P> <P>(F) Registered animal drugs, pesticides, and repellants,</P> <P>(G) Cervical dislocation, and</P> <P>(H) CO<E T="52">2</E> asphyxiation.</P> <P>(ii) Birds caught live may be euthanized or transported and relocated to another site approved by the State or Tribal wildlife agency, if required.</P> <P>(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.</P> <P>(iv) Persons using shotguns must use nontoxic shot, as listed in § 20.21(j) of this subchapter.</P> <P>(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.</P> <P>(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.</P> <P>(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 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).</P> <P>(5) Resident Canada geese may be taken only within the specified area of the direct threat to human health.</P> <P>(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.</P> <P>(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 <PRTPAGE P="109"/>unless they possess any permits required for such activities by any State or Federal land manager.</P> <P>(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.</P> <P>(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 § 2.2 of this subchapter.</P> <P>(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:</P> <P>(i) Follow the Federal-State Contingency Plan for the whooping crane;</P> <P>(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest;</P> <P>(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all management activities;</P> <P>(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</P> <P>(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:</P> <P>(A) <E T="03">Birds:</E> 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.</P> <P>(B) <E T="03">Amphibians:</E> California red-legged frog and California tiger salamander.</P> <P>(C) <E T="03">Insects:</E> Valley elderberry longhorn beetle and delta green ground beetle.</P> <P>(D) <E T="03">Crustaceans:</E> Vernal pool fairy shrimp, conservancy fairy shrimp, longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy shrimp, and Riverside fairy shrimp.</P> <P>(E) <E T="03">Plants:</E> 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.</P> <P>(f) <E T="03">Can the control order be suspended?</E> 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. <PRTPAGE P="110"/>The criteria and procedures for suspension, revocation, reconsideration, and appeal are outlined in §§ 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 § 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.</P> <P>(g) <E T="03">Has the Office of Management and Budget (OMB) approved the information collection requirements of the control order?</E> 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.</P> <CITA>[71 FR 45990, Aug. 10, 2006]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Control of Overabundant Migratory Bird Populations</HD> <SECTION> <SECTNO>§ 21.60</SECTNO> <SUBJECT>Conservation order for mid-continent light geese.</SUBJECT> <P>(a) <E T="03">Which waterfowl species are covered by this order?</E> This conservation order addresses management of lesser snow (<E T="03">Anser c. caerulescens</E>) and Ross' (<E T="03">Anser rossii</E>) 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).</P> <P>(b) <E T="03">In what areas can the conservation order be implemented?</E> (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.</P> <P>(2) Tribal lands within the geographic boundaries in paragraph (b)(1) of this section.</P> <P>(3) The following areas within the boundaries in paragraph (b)(1) of this section are closed to the conservation order after 10 March of each year: Monte Vista National Wildlife Refuge (CO); Bosque del Apache National Wildlife Refuge (NM); the area within 5 miles of the Platte River from Lexington, Nebraska to Grand Island, Nebraska; the following area in and around Aransas National Wildlife Refuge; those portions of Refugio, Calhoun, and Aransas counties that lie inside a line extending from 5 nautical miles offshore to and including Pelican Island, thence to Port O'Conner, thence northwest along State Highway 185 and southwest along State Highway 35 to Aransas Pass, thence southeast along State Highway 361 to Port Aransas, thence east along the Corpus Christi Channel, thence southeast along the Aransas Channel, extending to 5 nautical miles offshore; except that it is lawful to take mid-continent light geese after 10 March of each year within the Guadalupe WMA. If at any time we receive evidence that a need to close the areas in this paragraph (b)(3) no longer exists, we will publish a proposal to remove the closures in the <E T="04">Federal Register.</E> </P> <P>(c) <E T="03">What is required in order for State/Tribal governments to participate in the conservation order?</E> 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:</P> <P>(1) Activities conducted under this section may not affect endangered or threatened species as designated under the Endangered Species Act.</P> <P>(2) Control activities must be conducted clearly as such and are intended to relieve pressures on migratory birds and habitat essential to migratory bird <PRTPAGE P="111"/>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.</P> <P>(3) Control activities may be conducted only when all waterfowl and crane hunting seasons, excluding falconry, are closed.</P> <P>(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.</P> <P>(5) Nothing in this section may limit or initiate management actions on Federal land without concurrence of the Federal Agency with jurisdiction.</P> <P>(6) States and Tribes must designate participants who must operate under the conditions of this section.</P> <P>(7) States and Tribes must inform participants of the requirements/conditions of this section that apply.</P> <P>(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.</P> <P>(d) <E T="03">What is required in order for individuals to participate in the conservation order?</E> Individual participants in State or tribal programs covered by this section are required to comply with the following requirements:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) Participants acting under the authority of this section may take mid-continent light geese by any method except those prohibited as follows:</P> <P>(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;</P> <P>(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;</P> <P>(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;</P> <P>(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;</P> <P>(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 <PRTPAGE P="112"/>that substantially reduces the audibility of their calls and totally conceals the birds from the sight of mid-continent light geese;</P> <P>(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;</P> <P>(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</P> <P>(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.</P> <P>(e) <E T="03">Under what conditions would the conservation order be revoked?</E> 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.</P> <P>(f) <E T="03">Will information concerning the conservation order be collected?</E> 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.</P> <CITA>[66 FR 32265, June 14, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 21.61</SECTNO> <SUBJECT>Population control of resident Canada geese.</SUBJECT> <P>(a) <E T="03">Which Canada geese are covered by this regulation?</E> This regulation addresses the population control of resident Canada geese, as defined in § 21.3.</P> <P>(b) <E T="03">What is the resident Canada goose population control program, and what is its purpose?</E> 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 <PRTPAGE P="113"/>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.</P> <P>(c) <E T="03">What areas are eligible to participate in the program?</E> 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.</P> <P>(d) <E T="03">What is required in order for State governments to participate in a managed take program?</E> Following the conclusion of the first full operational year of §§ 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:</P> <P>(1) Activities conducted under the managed take program may not affect endangered or threatened species as designated under the Endangered Species Act.</P> <P>(2) Control activities may be conducted under this section only between August 1 and August 31.</P> <P>(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.</P> <P>(4) Nothing in the program may limit or initiate management actions on Federal land without concurrence of the Federal agency with jurisdiction.</P> <P>(5) States and Tribes must designate participants who must operate under the conditions of the managed take program.</P> <P>(6) States and Tribes must inform participants of the requirements/conditions of the program that apply.</P> <P>(7) States and Tribes must keep annual records of activities carried out under the authority of the program. Specifically, information must be collected on:</P> <P>(i) The number of individuals participating in the program;</P> <P>(ii) The number of days individuals participated in the program;</P> <P>(iii) The total number of resident Canada geese shot and retrieved during the program; and</P> <P>(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.<PRTPAGE P="114"/> </P> <P>(e) <E T="03">What is required for individuals to participate in the program?</E> Individual participants in State and Tribal programs covered by the managed take program must comply with the following requirements:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) Participants may take resident Canada geese by any method except those prohibited as follows:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 § 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 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 § 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:</P> <P>(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 § 20.11(g), (i), (l), and (m) of this part;</P> <P>(B) From a blind or other place of concealment camouflaged with natural vegetation;</P> <P>(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<PRTPAGE P="115"/> </P> <P>(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.</P> <P>(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 § 20.21(j) of this part.</P> <P>(f) <E T="03">Under what conditions would we suspend the managed take program?</E> 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.</P> <P>(g) <E T="03">What population information is the State or Tribe required to collect concerning the resident Canada goose managed take program?</E> 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.</P> <P>(h) <E T="03">What are the general program conditions and restrictions?</E> The program is subject to the conditions elsewhere in this section, and, unless otherwise specifically authorized, the following conditions:</P> <P>(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.</P> <P>(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:</P> <P>(i) Follow the Federal State Contingency Plan for the whooping crane;</P> <P>(ii) Conduct no activities within 300 meters of a whooping crane or Mississippi sandhill crane nest; and</P> <P>(iii) Follow all Regional (or National when available) Bald Eagle Nesting Management guidelines for all management activities.</P> <P>(i) <E T="03">Has the Office of Management and Budget (OMB) approved the information collection requirements of the program?</E> 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.</P> <CITA>[71 FR 45992, Aug. 10, 2006, as amended by 72 FR 46409, Aug. 20, 2007]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 22</EAR> <HD SOURCE="HED">PART 22—EAGLE PERMITS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECHD>Sec.</SECHD> <SECTNO>22.1</SECTNO> <SUBJECT>What is the purpose of this part?</SUBJECT> <SECTNO>22.2</SECTNO> <SUBJECT>What activities does this part apply to?<PRTPAGE P="116"/> </SUBJECT> <SECTNO>22.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>22.4</SECTNO> <SUBJECT>Information collection requirements.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—General Requirements</HD> <SECTNO>22.11</SECTNO> <SUBJECT>What is the relationship to other permit requirements?</SUBJECT> <SECTNO>22.12</SECTNO> <SUBJECT>What activities are illegal?</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Eagle Permits</HD> <SECTNO>22.21</SECTNO> <SUBJECT>What are the requirements concerning scientific and exhibition purpose permits?</SUBJECT> <SECTNO>22.22</SECTNO> <SUBJECT>What are the requirements concerning permits for Indian religious purposes?</SUBJECT> <SECTNO>22.23</SECTNO> <SUBJECT>What are the requirements for permits to take depredating eagles?</SUBJECT> <SECTNO>22.24</SECTNO> <SUBJECT>Permits for falconry purposes.</SUBJECT> <SECTNO>22.25</SECTNO> <SUBJECT>What are the requirements concerning permits to take golden eagle nests?</SUBJECT> <SECTNO>22.26</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>22.27</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>22.28</SECTNO> <SUBJECT>Permits for bald eagle take exempted under the Endangered Species Act.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Depredation Control Orders on Golden Eagles</HD> <SECTNO>22.31</SECTNO> <SUBJECT>Golden eagle depredations control order on request of Governor of a State.</SUBJECT> <SECTNO>22.32</SECTNO> <SUBJECT>Conditions and limitations on taking under depredation control order.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>16 U.S.C. 668-668d; 16 U.S.C. 703-712; 16 U.S.C. 1531-1544.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>39 FR 1183, Jan. 4, 1974, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECTION> <SECTNO>§ 22.1</SECTNO> <SUBJECT>What is the purpose of this part?</SUBJECT> <P>This part controls the taking, possession, and transportation within the United States of bald eagles (<E T="03">Haliaeetus leucocephalus</E>) and golden eagles (<E T="03">Aquila chrysaetos</E>) and their parts, nests, and eggs for scientific, educational, and depredation control purposes; for the religious purposes of American Indian tribes; and to protect other interests in a particular locality. 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.</P> <CITA>[64 FR 50472, Sept. 17, 1999, as amended at 73 FR 29083, May 20, 2008]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.2</SECTNO> <SUBJECT>What activities does this part apply to?</SUBJECT> <P>(a)(1) You can possess or transport within the United States, without a Federal permit:</P> <P>(i) Any live or dead bald eagles, or their parts, nests, or eggs that were lawfully acquired before June 8, 1940; and</P> <P>(ii) Any live or dead golden eagles, or their parts, nests, or eggs that were lawfully acquired before October 24, 1962.</P> <P>(2) You may not transport into or out of the United States, import, export, purchase, sell, trade, barter, or offer for purchase, sale, trade, or barter bald or golden eagles, or their parts, nests, or eggs of these lawfully acquired pre-act birds. However, you may transport into or out of the United States any lawfully acquired dead bald or golden eagles, their parts, nests, or dead eagles, if you acquire a permit issued under § 22.22 of this part.</P> <P>(3) No exemption from any statute or regulation will apply to any offspring of these pre-act birds.</P> <P>(4) You must mark all shipments containing bald or golden eagles, alive or dead, their parts, nests, or eggs as directed in § 14.81 of this subchapter. The markings must contain the name and address of the person the shipment is going to, the name and address of the person the shipment is coming from, an accurate list of contents by species, and the number of each species.</P> <P>(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).</P> <CITA>[39 FR 1183, Jan. 4, 1974, as amended at 64 FR 50472, Sept. 17, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.3</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In addition to definitions contained in part 10 of this subchapter, the following definitions apply within this part 22:</P> <P> <E T="03">Area nesting population</E> means the number of pairs of golden eagles known to have a resting attempt during the <PRTPAGE P="117"/>preceding 12 months within a 10-mile radius of a golden eagle nest.</P> <P> <E T="03">Disturb</E> 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.</P> <P> <E T="03">Export</E> 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.</P> <P> <E T="03">Golden eagle nest</E> means any readily identifiable structure built, maintained or occupied by golden eagles for propagation purposes.</P> <P> <E T="03">Import</E> 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.</P> <P> <E T="03">Inactive nest</E> 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.</P> <P> <E T="03">Nesting attempt</E> 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.</P> <P> <E T="03">Person</E> 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.</P> <P> <E T="03">Resource development or recovery</E> 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.</P> <P> <E T="03">Take</E> includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, or molest or disturb.</P> <P> <E T="03">Transportation into or out of the United States</E> 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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.4</SECTNO> <SUBJECT>Information collection requirements.</SUBJECT> <P>(a) The Office of Management and Budget approved the information collection requirements contained in this part 22 under 44 U.S.C. 3507 and assigned OMB Control Number 1018-0022. The Service may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. We are collecting this information to provide information necessary to evaluate permit applications. We will use this information to review permit applications and make decisions, according to criteria established in the Bald and Golden Eagle Protection Act and its regulations, on the issuance, suspension, revocation, or denial of permits. You must respond to obtain or retain a permit.</P> <P>(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 <PRTPAGE P="118"/>Project (1018-0022), Washington, DC 20603.</P> <CITA>[63 FR 52637, Oct. 1, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—General Requirements</HD> <SECTION> <SECTNO>§ 22.11</SECTNO> <SUBJECT>What is the relationship to other permit requirements?</SUBJECT> <P>You may not take, possess, or transport any bald eagle (<E T="03">Haliaeetus leucocephalus</E>) or any golden eagle (<E T="03">Aquila chrysaetos</E>), or the parts, nests, or eggs of such birds, except as allowed by a valid permit issued under this part, 50 CFR part 13, 50 CFR part 17, and/or 50 CFR part 21 as provided by § 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.</P> <P>(a) A permit that covers take of bald eagles or golden eagles under 50 CFR part 17 for purposes of providing prospective or current ESA authorization constitutes a valid permit issued under this part for any take authorized under the permit issued under part 17 as long as the permittee is in full compliance with the terms and conditions of the permit issued under part 17. The provisions of part 17 that originally applied will apply for purposes of the Eagle Act authorization, except that the criterion for revocation of the permit is that the activity is incompatible with the preservation of the bald eagle or the golden eagle rather than inconsistent with the criterion set forth in 16 U.S.C. 1539(a)(2)(B)(iv).</P> <P>(b) 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.</P> <P>(c) 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.</P> <P>(d) 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.</P> <CITA>[64 FR 50472, Sept. 17, 1999, as amended at 68 FR 61140, Oct. 27, 2003; 73 FR 29083, May 20, 2008]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.12</SECTNO> <SUBJECT>What activities are illegal?</SUBJECT> <P>(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 (<E T="03">Haliaeetus leucocephalus</E>), or any golden eagle (<E T="03">Aquila chrysaetos</E>), or the parts, nests, or eggs of these birds, and we will not issue a permit to authorize these acts.</P> <P>(b) You may not transport into or out of the United States any <E T="03">live</E> bald or golden eagle, or any <E T="03">live</E> egg of those birds, and we will not issue a permit to authorize these acts.</P> <CITA>[64 FR 50472, Sept. 17, 1999]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Eagle Permits</HD> <SECTION> <SECTNO>§ 22.21</SECTNO> <SUBJECT>What are the requirements concerning scientific and exhibition purpose permits?</SUBJECT> <P>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.</P> <P>(a) <E T="03">How do I apply if I want a permit for scientific and exhibition purposes?</E> (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 <PRTPAGE P="119"/>for the Regional Directors in 50 CFR 2.2.</P> <P>(2) If you want a permit to <E T="03">transport into or out of the United States</E> 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.</P> <P>(3) Your application for any permit under this section must also contain the information required under this section, § 13.12(a) of this subchapter, and the following information:</P> <P>(i) Species of eagle and number of such birds, nests, or eggs proposed to be taken, possessed, or transported;</P> <P>(ii) Specific locality in which taking is proposed, if any;</P> <P>(iii) Method taking proposed, if any;</P> <P>(iv) If not taken, the source of eagles and other circumstances surrounding the proposed acquisition or transportation;</P> <P>(v) Name and address of the public museum, public scientific societies, or public zoological park for which they are intended;</P> <P>(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.</P> <P>(b) <E T="03">What are the conditions?</E> 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.</P> <P>(c) <E T="03">How do we evaluate your application for a permit?</E> 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:</P> <P>(1) The direct or indirect effect which issuing such permit would be likely to have upon the wild populations of bald and golden eagles;</P> <P>(2) Whether the expertise, facilities, or other resources available to the applicant appear adequate to successfully accomplish the objectives stated in the application;</P> <P>(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</P> <P>(4) Whether the applicant has demonstrated that the permit is being requested for <E T="03">bona fide</E> scientific or exhibition purposes of public museums, public scientific societies, or public zoological parks.</P> <P>(d) <E T="03">Tenure of permits.</E> 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.</P> <CITA>[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50472, Sept. 17, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.22</SECTNO> <SUBJECT>What are the requirements concerning permits for Indian religious purposes?</SUBJECT> <P>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 <PRTPAGE P="120"/>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 <E T="03">live</E> bald or golden eagles, or any <E T="03">live</E> eggs of these birds.</P> <P>(a) <E T="03">How do I apply if I want a permit for Indian regligious purposes?</E> 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 <E T="03">transport into or out of the United States,</E> your application must contain all the information necessary for the issuance of a CITES permit. You must comply with all the requirements in part 23 of this subchapter before international travel. Your application for any permit under this section must also contain the information required under this section, § 13.12(a) of this subchapter, and the following information:</P> <P>(1) Species and number of eagles or feathers proposed to be taken, or acquired by gift or inheritance.</P> <P>(2) State and local area where the taking is proposed to be done, or from whom acquired.</P> <P>(3) Name of tribe with which applicant is associated.</P> <P>(4) Name of tribal religious ceremony(ies) for which required.</P> <P>(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.</P> <P>(b) <E T="03">What are the permit conditions?</E> 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:</P> <P>(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</P> <P>(2) You must submit reports or inventories, including photographs, of eagle feathers or parts on hand as requested by the issuing office.</P> <P>(c) <E T="03">How do we evaluate your application for a permit?</E> 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:</P> <P>(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</P> <P>(2) Whether the applicant is an Indian who is authorized to participate in <E T="03">bona fide</E> tribal religious ceremonies.</P> <P>(d) <E T="03">How long are the permits valid?</E> We are authorized to amend, suspend, or revoke any permit that is issued under this section (see §§ 13.23, 13.27, and 13.28 of this subchapter).</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="121"/>will be valid during the period specified on the face of the permit, not to exceed 3 years from the date it is issued.</P> <CITA>[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50473, Sept. 17, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.23</SECTNO> <SUBJECT>What are the requirements for permits to take depredating eagles?</SUBJECT> <P>(a) <E T="03">How do I apply for a permit?</E> You must submit applications for permits to take depredating bald or golden eagles to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the appropriate Regional Directors in 50 CFR 2.2. Your application must contain the information and certification required by § 13.12(a) of this subchapter, and the following additional information:</P> <P>(1) Species and number of eagles proposed to be taken;</P> <P>(2) Location and description of property where taking is proposed;</P> <P>(3) Inclusive dates for which permit is requested;</P> <P>(4) Method of taking proposed;</P> <P>(5) Kind and number of livestock or domestic animals owned by applicant;</P> <P>(6) Kind and amount of alleged damaged; and</P> <P>(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.</P> <P>(b) <E T="03">What are the permit conditions?</E> 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:</P> <P>(1) Bald or golden eagles may be taken under permit by firearms, traps, or other suitable means except by poison or from aircraft;</P> <P>(2) The taking of eagles under permit may be done only by the permittee or his agents named in the permit;</P> <P>(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</P> <P>(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.</P> <P>(c) <E T="03">Issuance criteria.</E> 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:</P> <P>(1) The direct or indirect effect which issuing such permit would be likely to have upon the wild population of bald or golden eagles;</P> <P>(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</P> <P>(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.</P> <P>(d) <E T="03">Tenure of permits.</E> 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.</P> <CITA>[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50473, Sept. 17, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.24</SECTNO> <SUBJECT>Permits for falconry purposes.</SUBJECT> <P>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.</P> <P>(a) <E T="03">Application procedures.</E> Submit applications for permits to possess and transport golden eagles for falconry purposes to the appropriate Regional Director (Attention: Migratory bird permit office). You can find addresses for the Regional Directors in 50 CFR 2.2. Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and the following additional information:</P> <P>(1) A copy of the applicant's master (or equivalent) class permit issued in accordance with 50 CFR 21.28.<PRTPAGE P="122"/> </P> <P>(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.</P> <P>(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.</P> <P>(4) A description of the facilities in which golden eagles will be housed.</P> <P>(5) If requesting an eagle(s) from the Service, applicants must specify the sex, age and condition of the eagle(s) they will accept.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(b) <E T="03">Permit conditions.</E> 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:</P> <P>(1) Golden eagles possessed for falconry purposes are considered as raptors and must be maintained in accordance with Federal falconry standards described in §§ 21.28 and 21.29 of this subchapter.</P> <P>(2) Only golden eagles legally obtained may be possessed and transported for falconry purposes.</P> <P>(3) Captive breeding of golden eagles possessed for falconry purposes is prohibited.</P> <P>(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.</P> <P>(5) The golden eagle(s) must be banded with a numbered eagle marker provided by the Service.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">More restrictive State laws.</E> 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.</P> <P>(d) <E T="03">Issuance criteria.</E> 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:</P> <P>(1) The applicant's cumulative falconry experience.<PRTPAGE P="123"/> </P> <P>(2) The applicant's demonstrated ability to handle and care for large raptors.</P> <P>(3) Information contained in the applicant's letters of reference.</P> <P>(e) <E T="03">Tenure of permits.</E> 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.</P> <P>(f) <E T="03">Permission to trap golden eagles for falconry purposes.</E> 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:</P> <P>(1) Only golden eagles from a specified depredation area may be trapped for falconry purposes.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <APPRO>(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)</APPRO> <CITA>[49 FR 891, Jan. 6, 1984, as amended at 63 FR 52638, Oct. 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 22.25</SECTNO> <SUBJECT>What are the requirements concerning permits to take golden eagle nests?</SUBJECT> <P>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.</P> <P>(a) <E T="03">How do I apply for a permit to take golden eagle nests?</E> You must submit applications for permits to take golden eagle nests to the appropriate Regional Director—Attention: Migratory Bird Permit Office. You can find addresses for the appropriate Regional Directors in 50 CFR 2.2. We will only accept applications if you are engaged in a resource development or recovery operation, including the planning and permitting stages of an operation. Your application must contain the general information and certification required by § 13.12(a) of this chapter plus the following additional information:</P> <P>(1) A description of the resource development or recovery operation in which the applicant is engaged;</P> <P>(2) The number of golden eagle nests proposed to be taken;<PRTPAGE P="124"/> </P> <P>(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.</P> <P>(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.</P> <P>(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;</P> <P>(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;</P> <P>(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;</P> <P>(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</P> <P>(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.</P> <P>(b) <E T="03">Additional permit conditions.</E> 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:</P> <P>(1) Only inactive golden eagle nests may be taken.</P> <P>(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;</P> <P>(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;</P> <P>(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</P> <P>(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.</P> <P>(c) <E T="03">Issuance criteria.</E> 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:</P> <P>(1) Whether the applicant can reasonably conduct the resource development or recovery operation in a manner that avoids taking any golden eagle nest;</P> <P>(2) The total number of golden eagle nests proposed to be taken;</P> <P>(3) The size of the area nesting population of golden eagles;</P> <P>(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;<PRTPAGE P="125"/> </P> <P>(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</P> <P>(6) Whether the area nesting population is widely dispersed or locally concentrated.</P> <P>(d) <E T="03">Tenure of permits.</E> 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.</P> <CITA>[48 FR 57300, Dec. 29, 1983, as amended at 63 FR 52638, Oct. 1, 1998; 64 FR 50474, Sept. 17, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§§ 22.26-22.27</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 22.28</SECTNO> <SUBJECT>Permits for bald eagle take exempted under the Endangered Species Act.</SUBJECT> <P>(a) <E T="03">Purpose and scope</E>. This permit authorizes take of bald eagles (<E T="03">Haliaeetus leucocephalus</E>) in compliance with the terms and conditions of a section 7 incidental take statement under the Endangered Species Act of 1973, as amended (ESA) (16 U.S.C. 1531 et seq.; 50 CFR 402, Subpart B).</P> <P>(b) <E T="03">Issuance Criteria</E>. Before issuing you a permit under this section, we must find that you are in full compliance with the terms and conditions contained in the applicable ESA incidental take statement for take of eagles, based on your certification and any other relevant information available to us, including, but not limited to, monitoring or progress reports required pursuant to your incidental take statement. The terms and conditions of the Eagle Act permit under this section, including any modified terms and conditions, must be compatible with the preservation of the bald eagle.</P> <P>(c) <E T="03">Permit conditions</E>. (1) You must comply with all terms and conditions of the incidental take statement issued under section 7 of the ESA, or modified measures specified in the terms of your permit issued under this section. At permit issuance or at any time during its tenure, the Service may modify the terms and conditions that were included in your ESA incidental take statement, based on one or more of the following factors:</P> <P>(i) You requested and received modified measures because some of the requirements for take authorization under the ESA were not necessary for take authorization under the Eagle Act;</P> <P>(ii) The amount or extent of incidental take authorized under the take statement is exceeded;</P> <P>(iii) New information reveals effects of the action that may affect eagles in a manner or to an extent not previously considered, and requires modification of the terms and conditions to ensure the preservation of the bald eagle or the golden eagle; or</P> <P>(iv) The activity will be modified by the permittee in a manner that causes effects to eagles that were not previously considered and which requires modification of the terms and conditions in the incidental take statement in order to ensure the preservation of the bald eagle or the golden eagle.</P> <P>(2) During any period when the eagles covered by your incidental take statement are listed under the ESA, you must comply with the terms and conditions of both the incidental take statement and the permit issued under this section.</P> <P>(d) <E T="03">Permit duration</E>. The permit will be valid until the action that will take eagles, as described in the incidental take statement or modified to condition the permit issued under this section, is completed, as long as the permittee complies with the terms and conditions of the permit, including any modified terms and conditions.</P> <P>(e) <E T="03">Applying for an eagle take permit</E>. (1) Your application must consist of a copy of the applicable section 7 incidental take statement issued pursuant to the Endangered Species Act (ESA), and a signed certification that you are in full compliance with all terms and conditions of the ESA incidental take statement.</P> <P>(2) If you request reevaluation of the terms and conditions required under <PRTPAGE P="126"/>your previously granted ESA incidental take statement for eagles, you must include a description of the modifications you request, and an explanation for why you believe the original conditions or measures are not reasonably justified to offset the detrimental impact of the permitted activity on eagles.</P> <P>(3) Send completed permit applications to the Regional Director of the Region in which the disturbance would occur—Attention: Migratory Bird Permit Office. You can find the current addresses for the Regional Directors in § 2.2 of subchapter A of this chapter.</P> <CITA>[73 FR 29083, May 20, 2008]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Depredation Control Orders on Golden Eagles</HD> <SECTION> <SECTNO>§ 22.31</SECTNO> <SUBJECT>Golden eagle depredations control order on request of Governor of a State.</SUBJECT> <P>(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.</P> <P>(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 <E T="04">Federal Register</E>.</P> </SECTION> <SECTION> <SECTNO>§ 22.32</SECTNO> <SUBJECT>Conditions and limitations on taking under depredation control order.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 23</EAR> <HD SOURCE="HED">PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES)</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECHD>Sec.</SECHD> <SECTNO>23.1</SECTNO> <SUBJECT>What are the purposes of these regulations and CITES?</SUBJECT> <SECTNO>23.2</SECTNO> <SUBJECT>How do I decide if these regulations apply to my shipment or me?</SUBJECT> <SECTNO>23.3</SECTNO> <SUBJECT>What other wildlife and plant regulations may apply?</SUBJECT> <SECTNO>23.4</SECTNO> <SUBJECT>What are Appendices I, II, and III?</SUBJECT> <SECTNO>23.5</SECTNO> <SUBJECT>How are the terms used in these regulations defined?</SUBJECT> <SECTNO>23.6</SECTNO> <SUBJECT>What are the roles of the Management and Scientific Authorities?</SUBJECT> <SECTNO>23.7</SECTNO> <SUBJECT>What office do I contact for CITES information?</SUBJECT> <SECTNO>23.8</SECTNO> <SUBJECT>What are the information collection requirements?</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Prohibitions, Exemptions, and Requirements</HD> <SECTNO>23.13</SECTNO> <SUBJECT>What is prohibited?</SUBJECT> <SECTNO>23.14</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>23.15</SECTNO> <SUBJECT>How may I travel internationally with my personal or household effects, including tourist souvenirs?<PRTPAGE P="127"/> </SUBJECT> <SECTNO>23.16</SECTNO> <SUBJECT>What are the U.S. CITES requirements for urine, feces, and synthetically derived DNA?</SUBJECT> <SECTNO>23.17</SECTNO> <SUBJECT>What are the requirements for CITES specimens traded internationally by diplomatic, consular, military, and other persons exempt from customs duties or inspections?</SUBJECT> <SECTNO>23.18</SECTNO> <SUBJECT>What CITES documents are required to export Appendix-I wildlife?</SUBJECT> <SECTNO>23.19</SECTNO> <SUBJECT>What CITES documents are required to export Appendix-I plants?</SUBJECT> <SECTNO>23.20</SECTNO> <SUBJECT>What CITES documents are required for international trade?</SUBJECT> <SECTNO>23.21</SECTNO> <SUBJECT>What happens if a country enters a reservation for a species?</SUBJECT> <SECTNO>23.22</SECTNO> <SUBJECT>What are the requirements for in-transit shipments?</SUBJECT> <SECTNO>23.23</SECTNO> <SUBJECT>What information is required on U.S. and foreign CITES documents?</SUBJECT> <SECTNO>23.24</SECTNO> <SUBJECT>What code is used to show the source of the specimen?</SUBJECT> <SECTNO>23.25</SECTNO> <SUBJECT>What additional information is required on a non-Party CITES document?</SUBJECT> <SECTNO>23.26</SECTNO> <SUBJECT>When is a U.S. or foreign CITES document valid?</SUBJECT> <SECTNO>23.27</SECTNO> <SUBJECT>What CITES documents do I present at the port?</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Application Procedures, Criteria, and Conditions</HD> <SECTNO>23.32</SECTNO> <SUBJECT>How do I apply for a U.S. CITES document?</SUBJECT> <SECTNO>23.33</SECTNO> <SUBJECT>How is the decision made to issue or deny a request for a U.S. CITES document?</SUBJECT> <SECTNO>23.34</SECTNO> <SUBJECT>What kinds of records may I use to show the origin of a specimen when I apply for a U.S. CITES document?</SUBJECT> <SECTNO>23.35</SECTNO> <SUBJECT>What are the requirements for an import permit?</SUBJECT> <SECTNO>23.36</SECTNO> <SUBJECT>What are the requirements for an export permit?</SUBJECT> <SECTNO>23.37</SECTNO> <SUBJECT>What are the requirements for a re-export certificate?</SUBJECT> <SECTNO>23.38</SECTNO> <SUBJECT>What are the requirements for a certificate of origin?</SUBJECT> <SECTNO>23.39</SECTNO> <SUBJECT>What are the requirements for an introduction-from-the-sea certificate?</SUBJECT> <SECTNO>23.40</SECTNO> <SUBJECT>What are the requirements for a certificate for artificially propagated plants?</SUBJECT> <SECTNO>23.41</SECTNO> <SUBJECT>What are the requirements for a bred-in-captivity certificate?</SUBJECT> <SECTNO>23.42</SECTNO> <SUBJECT>What are the requirements for a plant hybrid?</SUBJECT> <SECTNO>23.43</SECTNO> <SUBJECT>What are the requirements for a wildlife hybrid?</SUBJECT> <SECTNO>23.44</SECTNO> <SUBJECT>What are the requirements to travel internationally with my personally owned live wildlife?</SUBJECT> <SECTNO>23.45</SECTNO> <SUBJECT>What are the requirements for a pre-Convention specimen?</SUBJECT> <SECTNO>23.46</SECTNO> <SUBJECT>What are the requirements for registering a commercial breeding operation for Appendix-I wildlife and commercially exporting specimens?</SUBJECT> <SECTNO>23.47</SECTNO> <SUBJECT>What are the requirements for export of an Appendix-I plant artificially propagated for commercial purposes?</SUBJECT> <SECTNO>23.48</SECTNO> <SUBJECT>What are the requirements for a registered scientific institution?</SUBJECT> <SECTNO>23.49</SECTNO> <SUBJECT>What are the requirements for an exhibition traveling internationally?</SUBJECT> <SECTNO>23.50</SECTNO> <SUBJECT>What are the requirements for a sample collection covered by an ATA carnet?</SUBJECT> <SECTNO>23.51</SECTNO> <SUBJECT>What are the requirements for issuing a partially completed CITES document?</SUBJECT> <SECTNO>23.52</SECTNO> <SUBJECT>What are the requirements for replacing a lost, damaged, stolen, or accidentally destroyed CITES document?</SUBJECT> <SECTNO>23.53</SECTNO> <SUBJECT>What are the requirements for obtaining a retrospective CITES document?</SUBJECT> <SECTNO>23.54</SECTNO> <SUBJECT>How long is a U.S. or foreign CITES document valid?</SUBJECT> <SECTNO>23.55</SECTNO> <SUBJECT>How may I use a CITES specimen after import into the United States?</SUBJECT> <SECTNO>23.56</SECTNO> <SUBJECT>What U.S. CITES document conditions do I need to follow?</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Factors Considered in Making Certain Findings</HD> <SECTNO>23.60</SECTNO> <SUBJECT>What factors are considered in making a legal acquisition finding?</SUBJECT> <SECTNO>23.61</SECTNO> <SUBJECT>What factors are considered in making a non-detriment finding?</SUBJECT> <SECTNO>23.62</SECTNO> <SUBJECT>What factors are considered in making a finding of not for primarily commercial purposes?</SUBJECT> <SECTNO>23.63</SECTNO> <SUBJECT>What factors are considered in making a finding that an animal is bred in captivity?</SUBJECT> <SECTNO>23.64</SECTNO> <SUBJECT>What factors are considered in making a finding that a plant is artificially propagated?</SUBJECT> <SECTNO>23.65</SECTNO> <SUBJECT>What factors are considered in making a finding that an applicant is suitably equipped to house and care for a live specimen?</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—International Trade in Certain Specimens</HD> <SECTNO>23.68</SECTNO> <SUBJECT>How can I trade internationally in roots of American ginseng?</SUBJECT> <SECTNO>23.69</SECTNO> <SUBJECT>How can I trade internationally in fur skins and fur skin products of bobcat, river otter, Canada lynx, gray wolf, and brown bear?</SUBJECT> <SECTNO>23.70</SECTNO> <SUBJECT>How can I trade internationally in American alligator and other crocodilian skins, parts, and products?</SUBJECT> <SECTNO>23.71</SECTNO> <SUBJECT>How can I trade internationally in sturgeon caviar?</SUBJECT> <SECTNO>23.72</SECTNO> <SUBJECT>How can I trade internationally in plants?</SUBJECT> <SECTNO>23.73</SECTNO> <SUBJECT>How can I trade internationally in timber?</SUBJECT> <SECTNO>23.74</SECTNO> <SUBJECT>How can I trade internationally in personal sport-hunted trophies?</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="128"/> <HD SOURCE="HED">Subpart F—Disposal of Confiscated Wildlife and Plants</HD> <SECTNO>23.78</SECTNO> <SUBJECT>What happens to confiscated wildlife and plants?</SUBJECT> <SECTNO>23.79</SECTNO> <SUBJECT>How may I participate in the Plant Rescue Center Program?</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—CITES Administration</HD> <SECTNO>23.84</SECTNO> <SUBJECT>What are the roles of the Secretariat and the committees?</SUBJECT> <SECTNO>23.85</SECTNO> <SUBJECT>What is a meeting of the Conference of the Parties (CoP)?</SUBJECT> <SECTNO>23.86</SECTNO> <SUBJECT>How can I obtain information on a CoP?</SUBJECT> <SECTNO>23.87</SECTNO> <SUBJECT>How does the United States develop documents and negotiating positions for a CoP?</SUBJECT> <SECTNO>23.88</SECTNO> <SUBJECT>What are the resolutions and decisions of the CoP?</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Lists of Species</HD> <SECTNO>23.89</SECTNO> <SUBJECT>What are the criteria for listing species in Appendix I or II?</SUBJECT> <SECTNO>23.90</SECTNO> <SUBJECT>What are the criteria for listing species in Appendix III?</SUBJECT> <SECTNO>23.91</SECTNO> <SUBJECT>How do I find out if a species is listed?</SUBJECT> <SECTNO>23.92</SECTNO> <SUBJECT>Are any wildlife or plants, and their parts, products, or derivatives, exempt?</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>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 <E T="03">et seq.</E> </P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>72 FR 48448, Aug. 23, 2007, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECTION> <SECTNO>§ 23.1</SECTNO> <SUBJECT>What are the purposes of these regulations and CITES?</SUBJECT> <P>(a) <E T="03">Treaty</E>. 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.</P> <P>(b) <E T="03">Purpose</E>. 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:</P> <P>(1) Wildlife and plants are an irreplaceable part of the natural systems of the earth and must be protected for this and future generations.</P> <P>(2) The value of wildlife and plants is ever-growing from the viewpoints of aesthetics, science, culture, recreation, and economics.</P> <P>(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.</P> <P>(4) It is urgent that countries take appropriate measures to prevent illegal trade and ensure that any use of wildlife and plants is sustainable.</P> <P>(c) <E T="03">National legislation</E>. We, the U.S. Fish and Wildlife Service (FWS), implement CITES through the Endangered Species Act (ESA).</P> </SECTION> <SECTION> <SECTNO>§ 23.2</SECTNO> <SUBJECT>How do I decide if these regulations apply to my shipment or me?</SUBJECT> <P>Answer the following questions to decide if the regulations in this part apply to your proposed activity:</P> <GPOTABLE CDEF="s120,r120" COLS="2" OPTS="L4,i1,tp0"> <BOXHD> <CHED H="1">Question on proposed activity</CHED> <CHED H="1">Answer and action</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(a) Is the wildlife or plant species (including parts, products, derivatives, whether wild-collected, or born or propagated in a controlled environment) listed in Appendix I, II, or III of CITES (see § 23.91)?</ENT> <ENT>(1) <E T="02">YES</E>. Continue to paragraph (b) of this section.<LI>(2) <E T="02">NO</E>. The regulations in this part do not apply.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(b) Is the wildlife or plant specimen exempted from CITES (see § 23.92)?</ENT> <ENT>(1) <E T="02">YES</E>. The regulations in this part do not apply.<LI>(2) <E T="02">NO</E>. Continue to paragraph (c) of this section.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(c) Do you want to import, export, re-export, engage in international trade, or introduce from the sea?</ENT> <ENT>(1) <E T="02">YES</E>. The regulations in this part apply.<LI>(2) <E T="02">NO</E>. Continue to paragraph (d) of this section.</LI> </ENT> </ROW> <ROW> <ENT I="01" O="xl">(d) Was the specimen that you possess or want to enter into intrastate or interstate commerce unlawfully acquired, illegally traded, or otherwise subject to conditions set out on a CITES document that authorized import?</ENT> <ENT>(1) <E T="02">YES</E>. The regulations in this part apply. See § 23.13(c) and (d) and sections 9(c)(1) and 11(a) and (b) of the ESA (16 U.S.C. 1538(c)(1) and 1540(a) and (b)).<LI>(2) <E T="02">NO</E>. The regulations in this part do not apply.</LI> </ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <PRTPAGE P="129"/> <SECTNO>§ 23.3</SECTNO> <SUBJECT>What other wildlife and plant regulations may apply?</SUBJECT> <P>(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:</P> <P>(1) Part 15 (exotic birds).</P> <P>(2) Part 16 (injurious wildlife).</P> <P>(3) Parts 17 of this subchapter and 222, 223, and 224 of this title (endangered and threatened species).</P> <P>(4) Parts 18 of this subchapter and 216 of this title (marine mammals).</P> <P>(5) Part 20 (migratory bird hunting).</P> <P>(6) Part 21 (migratory birds).</P> <P>(7) Part 22 (bald and golden eagles).</P> <P>(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.</P> <P>(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.</P> <P>(d) You may also need to comply with other Federal, State, tribal, or local requirements.</P> </SECTION> <SECTION> <SECTNO>§ 23.4</SECTNO> <SUBJECT>What are Appendices I, II, and III?</SUBJECT> <P>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.</P> <P>(a) <E T="03">Appendix I</E> 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.</P> <P>(b) <E T="03">Appendix II</E> 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.</P> <P>(c) <E T="03">Appendix III</E> includes species listed unilaterally by a range country to obtain international cooperation in controlling trade.</P> </SECTION> <SECTION> <SECTNO>§ 23.5</SECTNO> <SUBJECT>How are the terms used in these regulations defined?</SUBJECT> <P>In addition to the definitions contained in part 10 of this subchapter, and unless the context otherwise requires, in this part:</P> <P> <E T="03">Affected by trade</E> 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.</P> <P> <E T="03">Annotation</E> 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 <PRTPAGE P="130"/>the annotation are treated as if they are Appendix-I specimens.</P> <P> <E T="03">Appropriate and acceptable destination</E>, 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 § 23.65). Such certification must be provided before a CITES document is issued by the Management Authority of the exporting or re-exporting country.</P> <P> <E T="03">Artificially propagated</E> means a cultivated plant that meets the criteria in § 23.64.</P> <P> <E T="03">ATA carnet</E> means a type of international customs document (see § 23.50). ATA is a combination of the French and English words “Admission Temporaire/Temporary Admission.”</P> <P> <E T="03">Bred for commercial purposes</E> 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.</P> <P> <E T="03">Bred for noncommercial purposes</E> 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.</P> <P> <E T="03">Bred in captivity</E> means wildlife that is captive-bred and meets the criteria in § 23.63.</P> <P> <E T="03">Captive-bred</E> 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 § 23.63).</P> <P> <E T="03">Certificate</E> 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.</P> <P> <E T="03">CITES document or CITES exemption document</E> 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.</P> <P> <E T="03">Commercial</E> 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).</P> <P> <E T="03">Cooperative conservation program</E> 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.</P> <P> <E T="03">Coral (dead)</E> means pieces of coral in which the skeletons of the individual polyps are still intact, but which contain no living coral tissue.</P> <P> <E T="03">Coral fragments</E>, 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 § 23.92 for exemptions).</P> <P> <E T="03">Coral (live)</E> means pieces of coral that are alive.</P> <P> <E T="03">Coral rock</E> 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 <E T="03">live rock</E> and <E T="03">substrate</E>, 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.</P> <P> <E T="03">Coral sand</E> 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 § 23.92 for exemptions).<PRTPAGE P="131"/> </P> <P> <E T="03">Country of origin</E> 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.</P> <P> <E T="03">Cultivar</E> 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.</P> <P> <E T="03">Cultivated</E> 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 § 23.64.</P> <P> <E T="03">Export</E> means to send, ship, or carry a specimen out of a country (for export from the United States, see part 14 of this subchapter).</P> <P> <E T="03">Flasked</E> means plant material obtained <E T="03">in vitro</E>, in solid or liquid media, transported in sterile containers.</P> <P> <E T="03">Household effect</E> means a dead wildlife or plant specimen that is part of a household move and meets the criteria in § 23.15.</P> <P> <E T="03">Hybrid</E> 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 § 23.42 for plant hybrids and § 23.43 for wildlife hybrids.</P> <P> <E T="03">Import</E> means to bring, ship, or carry a specimen into a country (for import into the United States, see part 14 of this subchapter).</P> <P> <E T="03">International trade</E> means the import, introduction from the sea, export, or re-export across jurisdictional or international boundaries for any purpose whether commercial or noncommercial.</P> <P> <E T="03">In-transit shipment</E> 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 § 23.22 or the sample collection covered by an ATA carnet meets the requirements of § 23.50.</P> <P> <E T="03">Introduction from the sea</E> means transportation into a country of specimens of any species that were taken in the marine environment not under the jurisdiction of any country.</P> <P> <E T="03">ISO country code</E> means the two-letter country code developed by the International Organization for Standardization (ISO) to represent the name of a country and its subdivisions.</P> <P> <E T="03">Live rock</E> see the definition for <E T="03">coral rock</E>.</P> <P> <E T="03">Management Authority</E> 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.</P> <P> <E T="03">Noncommercial</E> means related to an activity that is not commercial. Noncommercial includes, but is not limited to, personal use.</P> <P> <E T="03">Non-Party</E> 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.</P> <P> <E T="03">Offspring of first generation (F1)</E> means a wildlife specimen produced in a controlled environment from parents at least one of which was conceived in or taken from the wild.</P> <P> <E T="03">Offspring of second generation (F2) or subsequent generations</E> means a wildlife specimen produced in a controlled environment from parents that were also produced in a controlled environment.</P> <P> <E T="03">Parental stock</E> means the original breeding or propagating specimens that produced the subsequent generations of captive or cultivated specimens.</P> <P> <E T="03">Party</E> 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.</P> <P> <E T="03">Permit</E> means a CITES document that identifies on its face import permit or export permit.</P> <P> <E T="03">Personal effect</E> means a dead wildlife or plant specimen, including a tourist souvenir, that is worn as clothing or <PRTPAGE P="132"/>accessories or is contained in accompanying baggage and meets the criteria in § 23.15.</P> <P> <E T="03">Personal use</E> means use that is not commercial and is for an individual's own consumption or enjoyment.</P> <P> <E T="03">Precautionary measures</E> 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.</P> <P> <E T="03">Pre-Convention</E> 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 § 23.45, and any product (including a manufactured item) or derivative made from such specimen.</P> <P> <E T="03">Primarily commercial purposes</E> means an activity whose noncommercial aspects do not clearly predominate (see § 23.62).</P> <P> <E T="03">Propagule</E> means a structure, such as a cutting, seed, or spore, which is capable of propagating a plant.</P> <P> <E T="03">Readily recognizable</E> 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.</P> <P> <E T="03">Re-export</E> 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.</P> <P> <E T="03">Reservation</E> means the action taken by a Party to inform the Secretariat that it is not bound by the effect of a specific listing (see § 23.21).</P> <P> <E T="03">Scientific Authority</E> 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.</P> <P> <E T="03">Secretariat</E> means the entity designated by the Treaty to perform certain administrative functions (see § 23.84).</P> <P> <E T="03">Shipment</E> means any CITES specimen in international trade whether for commercial or noncommercial use, including any personal item.</P> <P> <E T="03">Species</E> means any species, subspecies, hybrid, variety, cultivar, color or morphological variant, or geographically separate population of that species.</P> <P> <E T="03">Specimen</E> 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.</P> <P> <E T="03">Sustainable us</E>e 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.</P> <P> <E T="03">Trade</E> means the same as international trade.</P> <P> <E T="03">Transit</E> see the definition for <E T="03">in-transit shipment</E>.</P> <P> <E T="03">Traveling exhibition</E> means a display of live or dead wildlife or plants for entertainment, educational, cultural, or other display purposes that is temporarily moving internationally.</P> </SECTION> <SECTION> <SECTNO>§ 23.6</SECTNO> <SUBJECT>What are the roles of the Management and Scientific Authorities?</SUBJECT> <P>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:<PRTPAGE P="133"/> </P> <GPOTABLE CDEF="xl200,xl15C,xl15C" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Roles</CHED> <CHED H="1">U.S.<LI>Scientific Authority</LI> </CHED> <CHED H="1">U.S. Management<LI>Authority</LI> </CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(a) Provide scientific advice and recommendations, including advice on 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.</ENT> <ENT O="xl">x</ENT> <ENT/> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(b) Review applications for CITES documents and issue or deny them based on findings required by CITES.</ENT> <ENT O="xl"/> <ENT>x</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(c) Communicate with the Secretariat and other countries on scientific, administrative, and enforcement issues.</ENT> <ENT O="xl">x</ENT> <ENT>x</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(d) Ensure that export of Appendix-II specimens is at a level that 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.</ENT> <ENT O="xl">x</ENT> <ENT/> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(e) Monitor trade in all CITES species and produce annual reports on CITES trade.</ENT> <ENT O="xl"/> <ENT>x</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(f) Collect the cancelled foreign export permit or re-export certificate 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.</ENT> <ENT O="xl"/> <ENT>x</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(g) Produce biennial reports on legislative, regulatory, and administrative measures taken by the United States to enforce the provisions of CITES.</ENT> <ENT O="xl"/> <ENT>x</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(h) Coordinate with State and tribal governments and other Federal agencies on CITES issues, such as the status of native species, development of policies, negotiating positions, and law enforcement activities.</ENT> <ENT O="xl">x</ENT> <ENT>x</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(i) Communicate with the scientific community, the public, and media about 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.</ENT> <ENT O="xl">x</ENT> <ENT>x</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(j) Represent the United States at the meetings of the CoP, on committees (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.</ENT> <ENT O="xl">x</ENT> <ENT>x</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(k) Provide assistance to APHIS and CBP for the enforcement of CITES. Cooperate with enforcement officials to facilitate the exchange of information between enforcement bodies and for training purposes.</ENT> <ENT O="xl">x</ENT> <ENT>x</ENT> </ROW> <ROW> <ENT I="01" O="xl">(l) Provide financial and technical assistance to other governmental agencies and CITES officials of other countries.</ENT> <ENT O="xl">x</ENT> <ENT>x</ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <SECTNO>§ 23.7</SECTNO> <SUBJECT>What office do I contact for CITES information?</SUBJECT> <P>Contact the following offices to receive information about CITES:</P> <GPOTABLE CDEF="xl100,xl100" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Type of information</CHED> <CHED H="1">Office to contact</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(a)<E T="03"> CITES administrative and management issues</E>:<LI O="o13">(1) CITES documents, including application forms and procedures; lists of registered scientific institutions and operations breeding Appendix-I wildlife for commercial purposes; and reservations</LI> <LI O="o13">(2) Information on the CoP</LI> <LI O="o13">(3) List of CITES species</LI> <LI O="o13">(4) Names and addresses of other countries' Management and Scientific Authority offices</LI> <LI O="o13">(5) Notifications, resolutions, and decisions</LI> <LI O="o13">(6) Standing Committee documents and issues</LI> <LI O="o13">(7) State and tribal export programs</LI> </ENT> <ENT>U.S. Management Authority<LI>U.S. Fish and Wildlife Service</LI> <LI>4401 North Fairfax Drive, Room 700</LI> <LI>Arlington, Virginia 22203</LI> <LI>Toll Free: (800) 358-2104/permit questions</LI> <LI>Tel: (703) 358-2095/other questions</LI> <LI>Fax: (703) 358-2281/permits</LI> <LI>Fax: (703) 358-2298/other issues</LI> <LI>E-mail: <E T="03">managementauthority@fws.gov</E> </LI> <LI>Website: <E T="03">http://www.fws.gov/international</E> and <E T="03">http://www.fws.gov/permits</E> </LI> </ENT> </ROW> <ROW RUL="s"> <PRTPAGE P="134"/> <ENT I="01" O="xl">(b)<E T="03"> Scientific issues:</E> <LI O="o13">(1) Animals and Plants Committees documents and issues</LI> <LI O="o13">(2) Findings of non-detriment and suitability of facilities, and other scientific findings</LI> <LI O="o13">(3) Listing of species in the Appendices and relevant resolutions</LI> <LI O="o13">(4) Names and addresses of other countries' Scientific Authority offices and scientists involved with CITES-related issues</LI> <LI O="o13">(5) Nomenclatural issues</LI> </ENT> <ENT>U.S. Scientific Authority<LI>U.S. Fish and Wildlife Service</LI> <LI>4401 North Fairfax Drive, Room 750</LI> <LI>Arlington, Virginia 22203</LI> <LI>Tel: (703) 358-1708</LI> <LI>Fax: (703) 358-2276</LI> <LI>E-mail: <E T="03">scientificauthority@fws.gov</E> </LI> <LI>Website: <E T="03">http://www.fws.gov/international</E> </LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(c)<E T="03"> Wildlife clearance procedures:</E> <LI O="o13">(1) CITES replacement tags</LI> <LI O="o13">(2) Information about wildlife port office locations</LI> <LI O="o13">(3) Information bulletins</LI> <LI O="o13">(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)</LI> <LI O="o13">(5) Validation, certification, or cancellation of CITES wildlife documents</LI> </ENT> <ENT>Law Enforcement<LI>U.S. Fish and Wildlife Service</LI> <LI>4401 North Fairfax Drive, Mail Stop LE-3000</LI> <LI>Arlington, Virginia 22203</LI> <LI>Tel: (703) 358-1949</LI> <LI>Fax: (703) 358-2271</LI> <LI>Website: <E T="03">http://www.fws.gov/le</E> </LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="22">(d)<E T="03"> APHIS plant clearance procedures:</E> <LI O="o13">(1) Information about plant port office locations</LI> <LI O="o13">(2) Inspection and clearance of plant shipments involving:</LI> <LI O="o15">(i) Import and introduction from the sea of living plants</LI> <LI O="o15">(ii) Export and re-export of living and nonliving plants</LI> <LI O="o13">(3) Validation or cancellation of CITES plant documents for the type of shipments listed in paragraph (d)(2) of this section</LI> </ENT> <ENT>U.S. Department of Agriculture APHIS/PPQ<LI>4700 River Road</LI> <LI>Riverdale, Maryland 20737-1236</LI> <LI>Toll Free: (877) 770-5990/permit questions</LI> <LI>Tel: (301) 734-8891/other CITES issues</LI> <LI>Fax: (301) 734-5786/permit questions</LI> <LI>Fax: (301) 734-5276/other CITES issues</LI> <LI>Website: <E T="03">http://www.aphis.usda.gov/plant_health</E> </LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(e)<E T="03"> CBP plant clearance procedures:</E> <LI O="o13">(1) Inspection and clearance of plant shipments involving:</LI> <LI O="o15">(i) Import and introduction from the sea of nonliving plants</LI> <LI O="o15">(ii) Import of living plants from Canada at designated border ports (7 CFR 319.37-14(b) and 50 CFR 24.12(d))</LI> <LI O="o13">(2) Cancellation of CITES plant documents for the type of shipments listed in paragraph (e)(1) of this section</LI> </ENT> <ENT>Department of Homeland Security<LI>U.S. Customs and Border Protection</LI> <LI>Office of Field Operations</LI> <LI>Agriculture Programs and Liaison</LI> <LI>1300 Pennsylvania Avenue, NW, Room 2.5 B</LI> <LI>Washington, DC 20229</LI> <LI>Tel: (202) 344-3298</LI> <LI>Fax: (202) 344-1442</LI> </ENT> </ROW> <ROW> <ENT I="01" O="xl">(f)<E T="03"> General information on CITES:</E> <LI O="o13">(1) CITES export quota information</LI> <LI O="o13">(2) CITES'<E T="03">Guidelines for transport and preparation for shipment of live wild animals and plants</E> </LI> <LI O="o13">(3) Information about the Secretariat</LI> <LI O="o13">(4) Names and addresses of other countries' Management and Scientific Authority offices</LI> <LI O="o13">(5) Official documents, including resolutions, decisions, notifications, CoP documents, and committee documents</LI> <LI O="o13">(6) Official list of CITES species and species database</LI> <LI O="o13">(7) Text of the Convention</LI> </ENT> <ENT>CITES Secretariat<LI>Website: <E T="03">http://www.cites.org</E> </LI> </ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <PRTPAGE P="135"/> <SECTNO>§ 23.8</SECTNO> <SUBJECT>What are the information collection requirements?</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Prohibitions, Exemptions, and Requirements</HD> <SECTION> <SECTNO>§ 23.13</SECTNO> <SUBJECT>What is prohibited?</SUBJECT> <P>Except as provided in § 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:</P> <P>(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.</P> <P>(b) Introduce from the sea any specimen of a species listed in Appendix I or II of CITES.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.14</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 23.15</SECTNO> <SUBJECT>How may I travel internationally with my personal or household effects, including tourist souvenirs?</SUBJECT> <P>(a) <E T="03">Purpose</E>. Article VII(3) of the Treaty recognizes a limited exemption for the international movement of personal and household effects.</P> <P>(b) <E T="03">Stricter national measures</E>. 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.</P> <P>(1) You or your shipment must be accompanied by any document required by a country under its stricter national measures.</P> <P>(2) In the United States, you must obtain any permission needed under other regulations in this subchapter (see § 23.3).</P> <P>(c) <E T="03">Required CITES documents</E>. You must obtain a CITES document for personal or household effects and meet the requirements of this part if one of the following applies:</P> <P>(1) The Management Authority of the importing, exporting, or re-exporting country requires a CITES document.</P> <P>(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.</P> <P>(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:</P> <GPOTABLE CDEF="xl25,xl50,xl50,xl50" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Major group</CHED> <CHED H="1">Species (Appendix II only)</CHED> <CHED H="1">Type of specimen</CHED> <CHED H="1">Quantity<SU>1</SU> </CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">Fishes</ENT> <ENT O="xl">(i) Acipenseriformes (sturgeon, including paddlefish)</ENT> <ENT O="xl">Sturgeon caviar (see § 23.71)</ENT> <ENT>125 gm</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Fishes</ENT> <ENT O="xl">(ii) <E T="03">Hippocampus</E> spp. (seahorses)</ENT> <ENT O="xl">Dead specimens, parts, products (including manufactured items), and derivatives</ENT> <ENT>4</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Reptiles</ENT> <ENT O="xl">(iii) Crocodylia (alligators, caimans, crocodiles, gavial)</ENT> <ENT O="xl">Dead specimens, parts, products (including manufactured items), and derivatives</ENT> <ENT>4</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Molluscs</ENT> <ENT O="xl">(iv) <E T="03">Strombus gigas</E> (queen conch)</ENT> <ENT O="xl">Shells</ENT> <ENT>3</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Molluscs</ENT> <ENT O="xl">(v) Tridacnidae (giant clams)</ENT> <ENT O="xl">Shells, each of which may be one intact shell or two matching halves</ENT> <ENT>3 shells, total not exceeding 3 kg</ENT> </ROW> <ROW> <ENT I="01" O="xl">Plants</ENT> <ENT O="xl">(vi) Cactaceae (cacti)</ENT> <ENT O="xl">Rainsticks</ENT> <ENT>3</ENT> </ROW> <TNOTE> <SU>1</SU> 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.</TNOTE> </GPOTABLE> <PRTPAGE P="136"/> <P>(d) <E T="03">Personal effects</E>. 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:</P> <P>(1) No live wildlife or plant (including eggs or non-exempt seeds) is included.</P> <P>(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.</P> <P>(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.</P> <P>(4) You own and possess the specimen for personal use, including any specimen intended as a personal gift.</P> <P>(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.</P> <P>(6) The specimen was not mailed or shipped separately.</P> <P>(e) <E T="03">Household effects</E>. 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:</P> <P>(1) The provisions of paragraphs (d)(1) through (3) of this section are met.</P> <P>(2) You own the specimen and are moving it for personal use.</P> <P>(3) You import or export your household effects within 1 year of changing your residence from one country to another.</P> <P>(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.</P> <P>(f) <E T="03">African elephant worked ivory</E>. You may export or re-export from the United States worked African elephant (<E T="03">Loxodonta africana</E>) ivory and then re-import it without a CITES document if all of the following conditions are met:</P> <P>(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.</P> <P>(2) The ivory is pre-Convention (see § 23.45). (The African elephant was first listed in CITES on February 26, 1976.)</P> <P>(3) You may not sell or transfer the ivory while outside the United States.</P> <P>(4) The ivory is substantially worked and is not raw. <E T="03">Raw ivory</E> 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.</P> <P>(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:</P> <P>(i) U.S. CITES pre-Convention certificate.</P> <P>(ii) FWS Declaration of Importation or Exportation of Fish or Wildlife (Form 3-177).</P> <P>(iii) Customs and Border Protection Certificate of Registration for Personal Effects Taken Abroad (Form 4457).</P> <CITA>[72 FR 48448, Aug. 23, 2007, as amended at 73 FR 40986, July 17, 2008]</CITA> </SECTION> <SECTION> <SECTNO>§ 23.16</SECTNO> <SUBJECT>What are the U.S. CITES requirements for urine, feces, and synthetically derived DNA?</SUBJECT> <P>(a) <E T="03">CITES documents</E>. We do not require CITES documents to trade in urine, feces, or synthetically derived DNA.</P> <P>(1) You must obtain any collection permit and CITES document required by the foreign country.</P> <P>(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.</P> <P>(b) <E T="03">Urine and feces</E>. 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 <PRTPAGE P="137"/>them from the requirements of CITES and this part.</P> <P>(c) <E T="03">DNA</E>. We differentiate between DNA directly extracted from blood and tissue and DNA synthetically derived as follows:</P> <P>(1) A DNA sample directly derived from wildlife or plant tissue is regulated by CITES and this part.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.17</SECTNO> <SUBJECT>What are the requirements for CITES specimens traded internationally by diplomatic, consular, military, and other persons exempt from customs duties or inspections?</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 23.18</SECTNO> <SUBJECT>What CITES documents are required to export Appendix-I wildlife?</SUBJECT> <P>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 § 23.20(d) for CITES exemption documents or § 23.92 for specimens that are exempt from the requirements of CITES and do not need CITES documents.</P> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="138"/> <GID>ER23au07.001</GID> </GPH> </SECTION> <SECTION> <PRTPAGE P="139"/> <SECTNO>§ 23.19</SECTNO> <SUBJECT>What CITES documents are required to export Appendix-I plants?</SUBJECT> <P>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 § 23.20(d) for CITES exemption documents or § 23.92 for specimens that are exempt from the requirements of CITES and do not need CITES documents.</P> <GPH DEEP="465" SPAN="2"> <PRTPAGE P="140"/> <GID>ER23au07.002</GID> </GPH> </SECTION> <SECTION> <SECTNO>§ 23.20</SECTNO> <SUBJECT>What CITES documents are required for international trade?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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 <PRTPAGE P="141"/>VII and XIV recognize some exemptions and provide that a CITES document must accompany most exempt specimens.</P> <P>(b) <E T="03">Stricter national measures</E>. 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.</P> <P>(c) <E T="03">CITES documents</E>. 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.</P> <P>(d) <E T="03">CITES exemption documents</E>. 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 § 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:</P> <GPOTABLE CDEF="xl50,xl25,xl50,xl25" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Type of specimen or activity</CHED> <CHED H="1">Appendix</CHED> <CHED H="1">CITES exemption document</CHED> <CHED H="1">Section</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) Artificially propagated plant (see paragraph (d)(4) of this section for an Appendix-I plant propagated for commercial purposes)</ENT> <ENT O="xl">I, II, or III</ENT> <ENT O="xl">CITES document with source code “A”<SU>1</SU> </ENT> <ENT>23.40</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) Artificially propagated plant from a country that has provided copies of the certificates, stamps, and seals to the Secretariat</ENT> <ENT O="xl">II or III</ENT> <ENT O="xl">Phytosanitary certificate with CITES statement<SU>1</SU> </ENT> <ENT>23.23(f)</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) Bred-in-captivity wildlife (see paragraph (d)(5) of this section for Appendix-I wildlife bred in captivity for commercial purposes)</ENT> <ENT O="xl">I, II, or III</ENT> <ENT O="xl">CITES document with source code “C”<SU>1</SU> </ENT> <ENT>23.41</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(4) Commercially propagated Appendix-I plant</ENT> <ENT O="xl">I</ENT> <ENT O="xl">CITES document with source code “D”<SU>1</SU> </ENT> <ENT>23.47</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(5) Commercially bred Appendix-I wildlife from a breeding operation registered with the CITES Secretariat</ENT> <ENT O="xl">I</ENT> <ENT O="xl">CITES document with source code “D”<SU>1</SU> </ENT> <ENT>23.46</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(6) Export of certain marine specimens protected under a pre-existing treaty, convention, or international agreement for that species</ENT> <ENT O="xl">II</ENT> <ENT O="xl">CITES document indicating that the specimen was taken in accordance with provisions of the applicable treaty, convention, or international agreement</ENT> <ENT>23.36(e)<LI>23.39(e)</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(7) Hybrid plants</ENT> <ENT O="xl">I, II, or III</ENT> <ENT O="xl">CITES document unless the specimen qualifies as an exempt plant hybrid</ENT> <ENT>23.42</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(8) Hybrid wildlife</ENT> <ENT O="xl">I, II, or III</ENT> <ENT O="xl">CITES document unless the specimen qualifies as an exempt wildlife hybrid</ENT> <ENT>23.43</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(9) In-transit shipment (see paragraph (d)(14) of this section for sample collections covered by an ATA carnet)</ENT> <ENT O="xl">I, II, or III</ENT> <ENT O="xl">CITES document designating importer and country of final destination</ENT> <ENT>23.22</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(10) Introduction from the sea under a pre-existing treaty, convention, or international agreement for that species</ENT> <ENT O="xl">II</ENT> <ENT O="xl">Document required by applicable treaty, convention, or international agreement, if appropriate</ENT> <ENT>23.39(d)</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(11) Noncommercial loan, donation, or exchange of specimens between scientific institutions registered with the CITES Secretariat</ENT> <ENT O="xl">I, II, or III</ENT> <ENT O="xl">A label indicating CITES and the registration codes of both institutions and, in the United States, a CITES certificate of scientific exchange that registers the institution<SU>3</SU> </ENT> <ENT>23.48</ENT> </ROW> <ROW RUL="s"> <PRTPAGE P="142"/> <ENT I="01" O="xl">(12) Personally owned live wildlife for multiple cross-border movements</ENT> <ENT O="xl">I, II, or III</ENT> <ENT O="xl">CITES certificate of ownership<SU>2</SU> </ENT> <ENT>23.44</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(13) Pre-Convention specimen</ENT> <ENT O="xl">I, II, or III</ENT> <ENT O="xl">CITES document indicating pre-Convention status<SU>1</SU> </ENT> <ENT>23.45</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(14) Sample collection covered by an ATA carnet</ENT> <ENT O="xl">I<SU>4</SU>, II, or III</ENT> <ENT O="xl">CITES document indicating sample collection<SU>2</SU> </ENT> <ENT>23.50</ENT> </ROW> <ROW> <ENT I="01" O="xl">(15) Traveling exhibition</ENT> <ENT O="xl">I, II, or III</ENT> <ENT O="xl">CITES document indicating specimens qualify as pre-Convention, bred in captivity, or artificially propagated<SU>2</SU> </ENT> <ENT>23.49</ENT> </ROW> <TNOTE> <SU>1</SU> Issued by the Management Authority in the exporting or re-exporting country.</TNOTE> <TNOTE> <SU>2</SU> Issued by the Management Authority in the owner's country of usual residence.</TNOTE> <TNOTE> <SU>3</SU> Registration codes assigned by the Management Authorities in both exporting and importing countries.</TNOTE> <TNOTE> <SU>4</SU> Appendix-I species bred in captivity or artificially propagated for commercial purposes (see §§ 23.46 and 23.47).</TNOTE> </GPOTABLE> <P>(e) <E T="03">Import permits, export permits, re-export certificates, and certificates of origin.</E> Unless one of the exemptions under paragraph (d) of this section or § 23.92 applies, you must obtain the following CITES documents before conducting the proposed activity:</P> <GPOTABLE CDEF="xls84,xl150" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Appendix</CHED> <CHED H="1">Type of CITES document(s) required</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">I</ENT> <ENT>Import permit (§ 23.35) and either an export permit (§ 23.36) or re-export certificate (§ 23.37)</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">II</ENT> <ENT>Export permit (§ 23.36) or re-export certificate (§ 23.37)</ENT> </ROW> <ROW> <ENT I="01" O="xl">III</ENT> <ENT>Export permit (§ 23.36) if the specimen originated in a country that listed the species; certificate of origin (§ 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 (§ 23.37)</ENT> </ROW> </GPOTABLE> <P>(f) <E T="03">Introduction-from-the-sea certificates</E>. 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 § 23.39). The export of a specimen that was previously introduced from the sea will be treated as an export (see § 23.36 for export, § 23.36(e) and § 23.39(e) for export of exempt specimens, or § 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 (§ 23.36) if the export is from the country that listed the species in Appendix III, a certificate of origin (§ 23.38) if the export is from a country other than the listing country, or a re-export certificate for all re-exports (§ 23.37).</P> </SECTION> <SECTION> <SECTNO>§ 23.21</SECTNO> <SUBJECT>What happens if a country enters a reservation for a species?</SUBJECT> <P>(a) <E T="03">Purpose.</E> 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.</P> <P>(b) <E T="03">General provision</E>. A Party can enter a reservation in one of the following ways:</P> <P>(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.</P> <P>(2) A country must provide written notification on a specific species listing when the country ratifies, accepts, approves, or accedes to CITES.</P> <P>(c) <E T="03">Requesting the United States take a reservation</E>. 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. <PRTPAGE P="143"/>Management Authority. The request must be submitted within 30 calendar 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.</P> <P>(d) <E T="03">Required CITES documents</E>. 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:</P> <GPOTABLE CDEF="xl100,r100" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">If</CHED> <CHED H="1">Then</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) The shipment is between a Party and a reserving Party, or the shipment is from a non-Party to a reserving Party and is in transit through a Party</ENT> <ENT>The shipment must be accompanied by a valid CITES document(s) (see § 23.26) that indicates the CITES Appendix in which the species is listed.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) The shipment is from a reserving Party to another reserving Party<SU>1</SU> or non-Party and is in transit through a Party</ENT> <ENT>The shipment must be accompanied by a valid CITES document(s) (see § 23.26) that indicates the CITES Appendix in which the species is listed.<SU>2</SU> </ENT> </ROW> <ROW> <ENT I="01" O="xl">(3) The shipment is between a reserving Party and another reserving Party<SU>1</SU> or non-Party and is not in transit through a Party</ENT> <ENT>No CITES document is required.<SU>2</SU> </ENT> </ROW> <TNOTE> <SU>1</SU> 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.</TNOTE> <TNOTE> <SU>2</SU> 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 § 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.</TNOTE> </GPOTABLE> <P>(e) <E T="03">Reservations taken by countries</E>. You may consult the CITES website or contact us (see § 23.7) for a list of countries that have taken reservations and the species involved.</P> </SECTION> <SECTION> <SECTNO>§ 23.22</SECTNO> <SUBJECT>What are the requirements for in-transit shipments?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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 § 23.50 for in-transit shipment of sample collections covered by an ATA carnet.</P> <P>(b) <E T="03">Document requirements</E>. An in-transit shipment does not require a CITES document from an intermediary country, but must be accompanied by all of the following documents:</P> <P>(1) Unless the specimen qualifies for an exemption under § 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.</P> <P>(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 § 23.20(d)).</P> <P>(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.</P> <P>(c) <E T="03">Shipment requirements</E>. An in-transit shipment, including items in an on-board store, must meet the following:</P> <P>(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.<PRTPAGE P="144"/> </P> <P>(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.</P> <P>(d) <E T="03">Reserving Party or non-Party</E>. 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 § 23.21(d).</P> <P>(e) <E T="03">Specimen protected by other regulations</E>. 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 § 23.3).</P> </SECTION> <SECTION> <SECTNO>§ 23.23</SECTNO> <SUBJECT>What information is required on U.S. and foreign CITES documents?</SUBJECT> <P>(a) <E T="03">Purpose.</E> 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.</P> <P>(b) <E T="03">CITES form</E>. 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 § 23.25.</P> <P>(c) <E T="03">Required information</E>. 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 (§ 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:</P> <GPOTABLE CDEF="xl50,r150" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Required information</CHED> <CHED H="1">Description</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) Appendix</ENT> <ENT>The CITES Appendix in which the species, subspecies, or population is listed (see § 23.21 when a Party has taken a reservation on a listing).</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) Applicant's signature</ENT> <ENT>The applicant's signature if the CITES document includes a place for it.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) Bill of lading, air waybill, or flight number</ENT> <ENT>As applicable for export or re-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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(4) Dates</ENT> <ENT>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 § 23.54 for the length of validity for different types of CITES documents.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(5) Description of the specimen</ENT> <ENT>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 <E T="03">Guidelines for preparation and submission of CITES annual reports</E> available from the CITES website or us (see § 23.7).</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(6) Document number</ENT> <ENT>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.</ENT> </ROW> <ROW RUL="s"> <PRTPAGE P="145"/> <ENT I="01" O="xl">(7) Humane transport of live wildlife</ENT> <ENT>If the CITES document authorizes the export or re-export of live wildlife, a statement that the document is valid only if the transport conditions comply with CITES' <E T="03">Guidelines for transport and preparation for shipment of live wild animals and plants</E>, or in the case of air transport of wildlife, with the <E T="03">International Air Transport Association Live Animals Regulations</E>. The shipment must comply with the requirements of CITES' <E T="03">Guidelines for transport and preparation for shipment of live wild animals and plants</E>, 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<SU>rd</SU> 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' <E T="03">Guidelines for transport and preparation for shipment of live wild animals and plants</E> may be obtained from the CITES Secretariat, International Environment House, Chemin des Anémones, CH-1219, Châtelaine, Geneva, Switzerland, or through the Internet at <E T="03">http://www.cites.org/eng/resources/transport/E-TranspGuide.pdf</E>. 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 <E T="03">http://www.iata.org</E>. 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: <E T="03">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</E>.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(8) Identification of the specimen</ENT> <ENT>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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(9) Management Authority</ENT> <ENT>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 § 23.7).</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(10) Name and address</ENT> <ENT>The complete name and address, including country, of the exporter and importer.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(11) Purpose of transaction</ENT> <ENT>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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(12) Quantity</ENT> <ENT>The quantity of specimens authorized in the shipment and, if appropriate, the unit of measurement using the metric system:<LI>(i) The unit of measurement should be appropriate to the type of specimen and agree with the <E T="03">Guidelines for the preparation and submission of CITES annual reports</E> available from the CITES website or us (see § 23.7). General descriptions such as “one case” or “one batch” are not acceptable.</LI> <LI>(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.</LI> <LI>(iii) Volume should be in cubic meters for logs and sawn wood and either square meters or cubic meters for veneer and plywood.</LI> <LI>(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.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(13) Scientific name</ENT> <ENT>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 § 23.7). A CITES document may contain higher-taxon names in lieu of the species name only under one of the following circumstances:<LI>(i) The CoP has agreed that the use of a higher-taxon name is acceptable for use on CITES documents.</LI> <LI O="o13">(A) If the genus cannot be readily determined for coral rock, the scientific name to be used is the order Scleractinia.</LI> <LI O="o13">(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 § 23.7).</LI> <LI O="o13">(C) Re-export of worked skins or pieces of <E T="03">Tupinambis</E> species that were imported before August 1, 2000, may indicate <E T="03">Tupinambis</E> spp.</LI> <LI>(ii) The issuing Party can show the use of a higher-taxon name is well justified and has communicated the justification to the Secretariat.</LI> <LI>(iii) The item is a pre-Convention manufactured product containing a specimen that cannot be identified to the species level.</LI> </ENT> </ROW> <ROW RUL="s"> <PRTPAGE P="146"/> <ENT I="01" O="xl">(14) Seal or stamp</ENT> <ENT>The embossed seal or ink stamp of the issuing Management Authority.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(15) Security stamp</ENT> <ENT>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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(16) Signature</ENT> <ENT>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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(17) Signature name</ENT> <ENT>The name of the person who signed the CITES document.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(18) Source</ENT> <ENT>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 § 23.24 for a list of codes.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(19) Treaty name</ENT> <ENT>Either the full name or acronym of the Treaty, or the CITES logo.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(20) Type of CITES document</ENT> <ENT>The type of CITES document (import, export, re-export, or other):<LI> (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.</LI> <LI>(ii) If multiple types are authorized on one CITES document, the type that applies to each specimen must be clearly indicated.</LI> </ENT> </ROW> <ROW> <ENT I="01" O="xl">(21) Validation or certification</ENT> <ENT>The actual quantity of specimens exported or re-exported:<LI>(i) Using the same units of measurement as those on the CITES document.</LI> <LI>(ii) Validated or certified by the stamp or seal and signature of the inspecting authority at the time of export or re-export.</LI> </ENT> </ROW> </GPOTABLE> <WIDE> <P>(d) <E T="03">Purpose of transaction</E>. If the purpose is not identified by a written description, the CITES document must contain one of the following codes:</P> </WIDE> <GPOTABLE CDEF="s25,r100" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Code</CHED> <CHED H="1">Purpose of transaction</CHED> </BOXHD> <ROW> <ENT I="01">B</ENT> <ENT>Breeding in captivity or artificial propagation</ENT> </ROW> <ROW> <ENT I="01">E</ENT> <ENT>Education</ENT> </ROW> <ROW> <ENT I="01">G</ENT> <ENT>Botanical garden</ENT> </ROW> <ROW> <ENT I="01">H</ENT> <ENT>Hunting trophy</ENT> </ROW> <ROW> <ENT I="01">L</ENT> <ENT>Law enforcement/judicial/forensic</ENT> </ROW> <ROW> <ENT I="01">M</ENT> <ENT>Medical research (including biomedical research)</ENT> </ROW> <ROW> <ENT I="01">N</ENT> <ENT>Reintroduction or introduction into the wild</ENT> </ROW> <ROW> <ENT I="01">P</ENT> <ENT>Personal</ENT> </ROW> <ROW> <ENT I="01">Q</ENT> <ENT>Circus and traveling exhibition</ENT> </ROW> <ROW> <ENT I="01">S</ENT> <ENT>Scientific</ENT> </ROW> <ROW> <ENT I="01">T</ENT> <ENT>Commercial</ENT> </ROW> <ROW> <ENT I="01">Z</ENT> <ENT>Zoo</ENT> </ROW> </GPOTABLE> <WIDE> <P>(e) <E T="03">Additional required information</E>. The following describes the additional information that is required for specific types of documents (listed alphabetically):</P> </WIDE> <GPOTABLE CDEF="xl50,xl150" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Type of document</CHED> <CHED H="1">Additional required information</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) Annex (such as an attached inventory, conditions, or continuation pages of a CITES document)</ENT> <ENT>The page number, document number, and date of issue on each page of an annex that is attached as an 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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) Certificate of origin (see § 23.38)</ENT> <ENT>A statement that the specimen originated in the country that issued the certificate.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) Copy when used in place of the original CITES document</ENT> <ENT>(i) Information required in paragraph (e)(7) of this section when the document authorizes export or re-export.<LI>(ii) A statement by the Management Authority on the face of the document authorizing the use of a copy when the document authorizes import.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(4) Export permit for a registered commercial breeding operation or nursery for Appendix-I specimens (see § 23.46)</ENT> <ENT>The registration number of the operation or nursery assigned by the Secretariat, and if the exporter is not the registered operation or nursery, the name of the registered operation or nursery.</ENT> </ROW> <ROW RUL="s"> <PRTPAGE P="147"/> <ENT I="01" O="xl">(5) Export permit with a quota</ENT> <ENT>Number of specimens, such as 500/1,000, that were:<LI>(i) Exported thus far in the current calendar year, including those covered by the current permit (such as 500), and</LI> <LI>(ii) Included in the current annual quota (such as 1,000).</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(6) Import permit (Appendix-I specimen) (see § 23.35)</ENT> <ENT>A certification that the specimen 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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(7) Replacement CITES document (see § 23.52)</ENT> <ENT>When a CITES document replaces an already issued CITES document that was lost, damaged, stolen, or accidentally destroyed:<LI>(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.</LI> <LI>(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.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(8) Partially completed documents (see § 23.51)</ENT> <ENT>(i) A list of the blocks that must be completed by the permit holder.<LI>(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.</LI> <LI>(iii) A signature of the permit holder, which acts as a certification that the information entered is true and accurate.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(9) Pre-Convention document (see § 23.45)</ENT> <ENT>(i) An indication on the face of the CITES document that the specimen is pre-Convention.<LI>(ii) A date that shows the specimen was acquired before the date the Convention first applied to it.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(10) Re-export certificate (see § 23.37)</ENT> <ENT>(i) The country of origin, the export permit number, and the date of issue.<LI>(ii) If previously re-exported, the country of last re-export, the re-export certificate number, and the date of issue.</LI> <LI>(iii) If all or part of this information is not known, a justification must be given.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(11) Retrospective CITES document (see § 23.53)</ENT> <ENT>A clear statement that the CITES document is issued retrospectively and the reason for issuance.</ENT> </ROW> <ROW> <ENT I="01" O="xl">(12) Sample collection covered by an ATA carnet (see § 23.50)</ENT> <ENT>(i) A statement that the document covers a sample collection and is invalid unless accompanied by a valid ATA carnet.<LI>(ii) The number of the accompanying ATA carnet recorded by the Management Authority, customs, or other responsible CITES inspecting official.</LI> </ENT> </ROW> </GPOTABLE> <P>(f) <E T="03">Phytosanitary certificate</E>. A Party may use a phytosanitary certificate as a CITES document under the following conditions:</P> <P>(1) The Party has provided copies of the certificate, stamps, and seals to the Secretariat.</P> <P>(2) The certificate is used only when all the following conditions are met:</P> <P>(i) The plants are being exported, not re-exported.</P> <P>(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.</P> <P>(iii) The plants were artificially propagated in the exporting country.</P> <P>(3) The certificate contains the following information:</P> <P>(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.</P> <P>(ii) The type (such as live plant or bulb) and quantity of the specimens authorized in the shipment.</P> <P>(iii) A stamp, seal, or other specific indication stating that the specimen is artificially propagated (see § 23.64).</P> </SECTION> <SECTION> <SECTNO>§ 23.24</SECTNO> <SUBJECT>What code is used to show the source of the specimen?</SUBJECT> <P>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:<PRTPAGE P="148"/> </P> <GPOTABLE CDEF="xl150,xl10C" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Source of specimen</CHED> <CHED H="1">Code</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl"> <E T="03">(a) Artificially propagated plant (see § 23.40):</E> <LI O="o13">(1) An Appendix-II or -III artificially propagated specimen.</LI> <LI O="o13">(2) An Appendix-I plant specimen artificially propagated for noncommercial purposes or certain Appendix-I hybrids (see § 23.42) propagated for commercial purposes.</LI> </ENT> <ENT>A</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl"> <E T="03">(b) Bred-in-captivity wildlife (see § 23.41):</E> <LI O="o13">(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.)</LI> <LI O="o13">(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.)</LI> </ENT> <ENT>C</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl"> <E T="03">(c) Bred in captivity or artificially propagated for commercial purposes (see §§ 23.46 and 23.47):</E> <LI O="o13">(1) An Appendix-I wildlife specimen bred in captivity for commercial purposes at an operation registered with the Secretariat.</LI> <LI O="o13">(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 § 23.47.</LI> </ENT> <ENT>D</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl"> <E T="03">(d) Captive-bred wildlife (§ 23.36)</E>:<LI O="o13">(1) An Appendix-II or -III wildlife species that is captive-bred.</LI> <LI O="o13">(2) An Appendix-I wildlife species that is one of the following:</LI> <LI O="o15">(i) Captive-bred.</LI> <LI O="o15">(ii) Bred for commercial purposes, but the commercial breeding operation is not registered with the Secretariat.</LI> <LI O="o15">(iii) Bred for noncommercial purposes, but the facility does not meet the definition in § 23.5 because it is not involved in a cooperative conservation program.</LI> </ENT> <ENT>F</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl"> <E T="03">(e) Confiscated or seized specimen (see § 23.78).</E> </ENT> <ENT>I</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl"> <E T="03">(f) Pre-Convention specimen (see § 23.45)</E> (code to be used in conjunction with another code).</ENT> <ENT>O</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl"> <E T="03">(g) Ranched wildlife</E> (wildlife that originated from a ranching operation).</ENT> <ENT>R</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl"> <E T="03">(h) Source unknown</E> (must be justified on the face of the CITES document).</ENT> <ENT>U</ENT> </ROW> <ROW> <ENT I="01" O="xl"> <E T="03">(i) Specimen taken from the wild:</E> <LI O="o13">(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.</LI> <LI O="o13">(2) For a plant, it includes a specimen propagated from a propagule collected from a wild plant, except as provided in § 23.64.</LI> </ENT> <ENT>W</ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <SECTNO>§ 23.25</SECTNO> <SUBJECT>What additional information is required on a non-Party CITES document?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">Additional certifications</E>. In addition to the information in § 23.23(c) through (e), a CITES document issued by a non-Party must contain the following certifications on the face of the document:</P> <GPOTABLE CDEF="xl50,xl150" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Activity by a non-Party</CHED> <CHED H="1">Certification</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) Export</ENT> <ENT>(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.<LI>(ii) The Management Authority is satisfied that the specimen was legally acquired.</LI> </ENT> </ROW> <ROW> <ENT I="01" O="xl">(2) Import</ENT> <ENT>For Appendix-I specimens, the import will be for purposes that are not detrimental to the survival of the species.</ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <SECTNO>§ 23.26</SECTNO> <SUBJECT>When is a U.S. or foreign CITES document valid?</SUBJECT> <P>(a) <E T="03">Purpose</E>. Article VIII of the Treaty provides that Parties take appropriate measures to enforce the Convention to prevent illegal trafficking in wildlife and plants.</P> <P>(b) <E T="03">Original CITES documents</E>. A separate original or a true copy of a CITES document must be issued before the <PRTPAGE P="149"/>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 § 23.23(e)(3) or when a shipment is in transit (see § 23.22). Fax or electronic copies are not acceptable.</P> <P>(c) <E T="03">Acceptance of CITES documents</E>. 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, §§ 23.23 through 23.25, and the following conditions:</P> <GPOTABLE CDEF="xl50,xl150" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Key phrase</CHED> <CHED H="1">Conditions for an acceptable CITES document</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) Altered or modified CITES document</ENT> <ENT>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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) Annual reports</ENT> <ENT>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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) CITES document</ENT> <ENT>U.S. and foreign CITES documents must meet the general provisions and criteria in subparts C and E.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(4) Conditions</ENT> <ENT>All conditions on the CITES document are met.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(5) Convention implementation</ENT> <ENT>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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(6) Extension of validity</ENT> <ENT>The validity of a CITES document may not be extended except as provided in § 23.73 for certain timber species.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(7) Fraudulent CITES document or CITES document containing false information</ENT> <ENT>The CITES document is authentic and does not contain erroneous or misleading information.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(8) Humane transport</ENT> <ENT>Live wildlife or plants were transported in compliance with CITES' <E T="03">Guidelines for transport and preparation for shipment of live wild animals and plants</E>or, in the case of air transport of wildlife, the <E T="03">International Air Transport Association Live Animals Regulations</E>. (See § 23.23(c)(7).)</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(9) Legal acquisition</ENT> <ENT>The Party or non-Party issuing the CITES document has made the required legal acquisition finding.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(10) Management Authority and Scientific Authority</ENT> <ENT>The CITES document was issued by a Party or non-Party that has designated a Management Authority and Scientific Authority and has provided information on these authorities to the Secretariat.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(11) Name of importer and exporter</ENT> <ENT>A CITES document is specific to the name on the face of the document and may not be transferred or assigned to another person.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(12) Non-detriment</ENT> <ENT>The Party or non-Party issuing the CITES document has made the required non-detriment finding.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(13) Phytosanitary certificate</ENT> <ENT>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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(14) Quota</ENT> <ENT>For species with a quota on file with the Secretariat, the quantity exported from a country does not exceed the quota.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(15) Registered commercial breeding operation for Appendix-I wildlife</ENT> <ENT>(i) The operation is included in the Secretariat's register.<LI>(ii) Each specimen is specifically marked, and the mark is described on the CITES document.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(16) Registered commercial nursery for Appendix-I plants</ENT> <ENT>The operation is included in the Secretariat's register.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(17) Retrospective CITES documents</ENT> <ENT>A CITES document was not issued retrospectively except as provided in § 23.53.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(18) Shipment contents</ENT> <ENT>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.</ENT> </ROW> <ROW> <PRTPAGE P="150"/> <ENT I="01" O="xl">(19) Wild-collected specimen</ENT> <ENT>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.</ENT> </ROW> </GPOTABLE> <P>(d) <E T="03">Verification of a CITES document</E>. 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:</P> <P>(1) We receive reliable information that indicates the need for CITES document verification.</P> <P>(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.</P> <P>(3) The re-export certificate refers to an export permit that does not exist or is not valid.</P> <P>(4) We have reasonable grounds to believe that the document is fraudulent, contains false information, or has unauthorized changes.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(8) For a replacement CITES document, we need clarification of the reason the document was issued.</P> </SECTION> <SECTION> <SECTNO>§ 23.27</SECTNO> <SUBJECT>What CITES documents do I present at the port?</SUBJECT> <P>(a) <E T="03">Purpose.</E> 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.</P> <P>(b) <E T="03">U.S. port requirements</E>. 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.</P> <P>(c) <E T="03">General validation or certification pr</E>ocess. Officials in each country inspect the shipment and validate or certify the CITES document. The table in this paragraph (c) provides information on:</P> <P>(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.</P> <P>(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.</P> <P>(3) When you need to surrender the original CITES document to the inspecting official at the time of import or introduction from the sea.</P> <GPOTABLE CDEF="xl100,xl50,xl50,xl50" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Type of CITES document</CHED> <CHED H="1">Present original for export or re-export validation or certification</CHED> <CHED H="1">Surrender copy upon<LI>export or re-export</LI> </CHED> <CHED H="1">Surrender original upon<LI>import or introductionfrom the sea</LI> </CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">Bred-in-captivity certificate</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Certificate for artificially propagated plants</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Certificate of origin</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <PRTPAGE P="151"/> <ENT I="01" O="xl">Certificate of ownership</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Not required; submit copy</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Export permit</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Import permit</ENT> <ENT O="xl">Not required</ENT> <ENT O="xl">Required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Introduction-from-the-sea certificate</ENT> <ENT O="xl">Not applicable</ENT> <ENT O="xl">Not applicable</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Multiple-use document</ENT> <ENT O="xl">Required<SU>1</SU> </ENT> <ENT O="xl">Required</ENT> <ENT>Not required; submit copy</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Phytosanitary certificate</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Not required; submit copy</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Pre-Convention document</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Re-export certificate</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Registered Appendix-I commercial breeding operation, export permit</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Registered Appendix-I nursery, export permit</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Replacement document where a shipment has been made and is in a foreign country</ENT> <ENT O="xl">Not required</ENT> <ENT O="xl">Not required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Replacement document where a shipment has not left the United States</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Retrospective document</ENT> <ENT O="xl">Not required</ENT> <ENT O="xl">Not required</ENT> <ENT>Required</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">Sample collection covered by an ATA carnet, CITES document</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Not required; submit copy</ENT> </ROW> <ROW> <ENT I="01" O="xl">Traveling-exhibition certificate</ENT> <ENT O="xl">Required</ENT> <ENT O="xl">Required</ENT> <ENT>Not required; submit copy</ENT> </ROW> <TNOTE> <SU>1</SU> Original must be available for inspection, but permit conditions will indicate whether an original or copy is to be validated.</TNOTE> </GPOTABLE> <P>(d) <E T="03">Customs declaration labels</E>. The customs declaration label used to identify specimens being moved between registered scientific institutions (§ 23.48) must be affixed to the shipping container. The label does not require export or re-export validation or certification at the port.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Application Procedures, Criteria, and Conditions</HD> <SECTION> <SECTNO>§ 23.32</SECTNO> <SUBJECT>How do I apply for a U.S. CITES document?</SUBJECT> <P>(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.</P> <P>(b) To determine the type of CITES document needed for your shipment, go to §§ 23.18 through 23.20 for further guidance.</P> <P>(c) If a species is also regulated under another part of this subchapter (such as endangered or threatened species, see § 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.</P> <P>(d) You must also follow the general permit procedures in part 13 of this subchapter.</P> <P>(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.</P> <P>(f) We will review your application to assess whether it contains the information needed to make the required findings.</P> <P>(1) Based on available information, we will decide if any of the exemptions <PRTPAGE P="152"/>apply and what type of CITES document you need.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.33</SECTNO> <SUBJECT>How is the decision made to issue or deny a request for a U.S. CITES document?</SUBJECT> <P>(a) Upon receiving a complete application, we will decide whether to issue a CITES document by considering:</P> <P>(1) The general criteria in § 13.21(b) of this subchapter and, if the species is protected under a separate law or treaty, criteria in any other applicable parts.</P> <P>(2) The CITES issuance criteria provided in this subpart (see subpart D of this part for factors we consider in making certain findings).</P> <P>(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.</P> <P>(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.</P> <P>(d) We will base our decision on whether to issue or deny the application on the best available information.</P> </SECTION> <SECTION> <SECTNO>§ 23.34</SECTNO> <SUBJECT>What kinds of records may I use to show the origin of a specimen when I apply for a U.S. CITES document?</SUBJECT> <P>(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.</P> <P>(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).</P> <P>(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).</P> <P>(b) Information you may want to provide in a permit application includes, but is not limited to, the following:</P> <GPOTABLE CDEF="xs150,xl150" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Source of specimen</CHED> <CHED H="1">Types of records</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) Captive-bred or cultivated<SU>1</SU> </ENT> <ENT>(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:<LI O="o13">(A) Signed and dated statement by the breeder or propagator that the specimen was bred or propagated under controlled conditions.</LI> <LI O="o13">(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.</LI> <LI>(ii) Records that document the breeding or propagating of specimens at the facility:</LI> <LI O="o13">(A) Number of wildlife (by sex and age- or size-class) or plants at the facility.</LI> <LI O="o13">(B) How long the facility has been breeding or propagating the species.</LI> <LI O="o13">(C) Annual production and mortalities.</LI> <LI O="o13">(D) Number of specimens sold or transferred annually.</LI> <LI O="o13">(E) Number of specimens added from other sources annually.</LI> <LI O="o13">(F) Transaction records with the date, species, quantity of specimens, and name and address of seller.</LI> <LI O="o13">(G) Marking system, if applicable.</LI> <LI O="o13">(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.</LI> </ENT> </ROW> <ROW RUL="s"> <PRTPAGE P="153"/> <ENT I="01" O="xl">(2) Confiscated or seized</ENT> <ENT>Copy of remission decision, legal settlement, or disposal action after forfeiture or abandonment, which demonstrates the applicant's legal possession.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) Exempt plant material</ENT> <ENT>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.</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(4) Imported previously</ENT> <ENT>(i) A copy of the cancelled CITES document that accompanied the shipment into the United States.<LI>(ii) For wildlife, copies of cleared Declarations for Importation or Exportation of Fish or Wildlife (Form 3-177) associated with each specimen.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(5) Pre-Convention</ENT> <ENT>Records that show the specimen was acquired before the date the provisions of the Convention first applied to it, such as:<LI O="o13">(i) Receipt or invoice.</LI> <LI O="o13">(ii) Catalog, inventory list, photograph, or art book.</LI> <LI O="o13">(iii) Statement from a qualified appraiser attesting to the age of a manufactured product.</LI> <LI O="o13">(iv) CBP (formerly U.S. Customs Service) import documents.</LI> <LI O="o13">(v) Phytosanitary certificate.</LI> <LI O="o13">(vi) Veterinary document or breeding or propagation logs.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(6) Sequential ownership or purchase</ENT> <ENT>(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).<LI>(ii) Records that document the history of all transfers in ownership (generally not required for pre-Convention specimens).</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(7) Unknown origin, for noncommercial purposes</ENT> <ENT>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.</ENT> </ROW> <ROW> <ENT I="01" O="xl">(8) Wild-collected</ENT> <ENT>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:<LI O="o13">(i) If taken on private or tribal land, permission of the landowner if required under applicable law.</LI> <LI O="o13">(ii) If taken in a national, State, or local park, refuge, or other protected area, permission from the applicable agency, if required.</LI> </ENT> </ROW> <TNOTE> <SU>1</SU> 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.</TNOTE> </GPOTABLE> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.35</SECTNO> <SUBJECT>What are the requirements for an import permit?</SUBJECT> <P>(a) <E T="03">Purpose.</E> Article III(3) of the Treaty sets out the conditions under which a Management Authority can issue an import permit.</P> <P>(b) <E T="03">U.S. application forms</E>. Complete the appropriate form for the proposed activity and submit it to the U.S. Management Authority:</P> <GPOTABLE CDEF="xl150,xl20" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Type of application for an import permit for an Appendix-I specimen</CHED> <CHED H="1">Form no.</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) CITES:<LI O="o13">Southern African Leopard, African Elephant, and Namibian Southern White Rhinoceros Sport-hunted Trophies</LI> <LI O="o13">Appendix-I Plants</LI> <LI O="o13">Appendix-I Wildlife</LI> <LI O="o13">Appendix-I Biological Samples</LI> </ENT> <ENT> <LI>3-200-19</LI> <LI/> <LI>3-200-35</LI> <LI>3-200-37</LI> <LI>3-200-29</LI> </ENT> </ROW> <ROW RUL="s"> <PRTPAGE P="154"/> <ENT I="01" O="xl">(2) Endangered Species Act and CITES:<LI O="o13">ESA Plants</LI> <LI O="o13">ESA Sport-hunted Trophies</LI> <LI O="o13">ESA Wildlife</LI> </ENT> <ENT> <LI>3-200-36</LI> <LI>3-200-20</LI> <LI>3-200-37</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) Marine Mammal Protection Act and CITES:<LI O="o13">Marine Mammals</LI> </ENT> <ENT> <LI>3-200-43</LI> </ENT> </ROW> <ROW> <ENT I="01" O="xl">(4) Wild Bird Conservation Act and CITES:<LI O="o13">Personal Pet Bird</LI> <LI O="o13">Under an Approved Cooperative Breeding Program</LI> <LI O="o13">Scientific Research or Zoological Breeding/Display</LI> </ENT> <ENT> <LI>3-200-46</LI> <LI>3-200-48</LI> <LI>3-200-47</LI> </ENT> </ROW> </GPOTABLE> <P>(c) <E T="03">Criteria</E>. 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:</P> <GPOTABLE CDEF="xl150,xl12" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Criteria for an import permit for an Appendix-I specimen</CHED> <CHED H="1">Section</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) The proposed import would be for purposes that are not detrimental to the survival of the species.</ENT> <ENT>23.61</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) The specimen will not be used for primarily commercial purposes.</ENT> <ENT>23.62</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) The recipients are suitably equipped to house and care for any live wildlife or plant to be imported.</ENT> <ENT>23.65</ENT> </ROW> <ROW> <ENT I="01" O="xl">(4) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP.</ENT> <ENT>23.23</ENT> </ROW> </GPOTABLE> <P>(d) <E T="03">U.S. standard conditions</E>. You must meet all of the provisions on use after import in § 23.55 and the standard conditions in § 23.56.</P> <P>(e) <E T="03">Prior issuance of an import permit</E>. For Appendix-I specimens, the Management Authority of the exporting country may:</P> <P>(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.</P> <P>(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.</P> <P>(3) Issue a re-export certificate for a dead specimen without confirmation that the import permit has been issued.</P> </SECTION> <SECTION> <SECTNO>§ 23.36</SECTNO> <SUBJECT>What are the requirements for an export permit?</SUBJECT> <P>(a) <E T="03">Purposes</E>. 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.</P> <P>(b) <E T="03">U.S. application forms</E>. 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:<PRTPAGE P="155"/> </P> <GPOTABLE CDEF="xl150,xl20" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Type of application for an export permit</CHED> <CHED H="1">Form no.</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) CITES:<LI O="o13">American Ginseng</LI> <LI O="o13">Appendix-I Plants Artificially Propagated for Commercial Purposes</LI> <LI O="o13">Biological Specimens</LI> <LI O="o13">Captive-born Raptors</LI> <LI O="o13">Captive-born Wildlife (except raptors)</LI> <LI O="o13">Caviar/Meat of Paddlefish or Sturgeon, Removed from the Wild</LI> <LI O="o13">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</LI> <LI O="o13">Personal Pets, One-time Export</LI> <LI O="o13">Plants</LI> <LI O="o13">Registration of a Native Species Production Facility</LI> <LI O="o13">Single-use Permits under a Master File or an Annual Program File</LI> <LI O="o13">Trophies by Taxidermists</LI> <LI O="o13">Wildlife, Removed from the Wild</LI> </ENT> <ENT> <LI>3-200-34</LI> <LI>3-200-33</LI> <LI>3-200-29</LI> <LI>3-200-25</LI> <LI>3-200-24</LI> <LI>3-200-76</LI> <LI>3-200-26</LI> <LI/> <LI>3-200-46</LI> <LI>3-200-32</LI> <LI>3-200-75</LI> <LI>3-200-74</LI> <LI>3-200-28</LI> <LI>3-200-27</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) Endangered Species Act and CITES:<LI O="o13">ESA Plants</LI> <LI O="o13">ESA Wildlife</LI> </ENT> <ENT> <LI>3-200-36</LI> <LI>3-200-37</LI> </ENT> </ROW> <ROW> <ENT I="01" O="xl">(3) Marine Mammal Protection Act and CITES:<LI O="o13">Biological Samples</LI> <LI O="o13">Live Captive-held Marine Mammals</LI> <LI O="o13">Take from the Wild for Export</LI> </ENT> <ENT> <LI>3-200-29</LI> <LI>3-200-53</LI> <LI>3-200-43</LI> </ENT> </ROW> </GPOTABLE> <P>(c) <E T="03">Criteria</E>. 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:</P> <GPOTABLE CDEF="xl125,xl40C,xl40C,xl40C,xl10" COLS="5" OPTS="L2"> <BOXHD> <CHED H="1">Criteria for an export permit</CHED> <CHED H="1">Appendix of the specimen</CHED> <CHED H="2">I</CHED> <CHED H="2">II</CHED> <CHED H="2">III</CHED> <CHED H="1">Section</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) The wildlife or plant was legally acquired.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.60</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) The proposed export would not be detrimental to the survival of the species.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">n/a</ENT> <ENT>23.61</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) An import permit has already been issued or the Management Authority of the importing country has confirmed that it will be issued.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">n/a</ENT> <ENT O="xl">n/a</ENT> <ENT>23.35</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(4) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.23</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(5) 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.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.23</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(6) The specimen originated in a country that listed the species.</ENT> <ENT O="xl">n/a</ENT> <ENT O="xl">n/a</ENT> <ENT O="xl">Yes</ENT> <ENT>23.20</ENT> </ROW> <ROW> <ENT I="01" O="xl">(7) For wildlife with the source code “W” or “F,” the export is for noncommercial purposes. (See § 23.46 for the export of specimens that originated at a commercial breeding operation for Appendix-I wildlife that is registered with the Secretariat.)</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">n/a</ENT> <ENT O="xl">n/a</ENT> <ENT>-</ENT> </ROW> </GPOTABLE> <P>(d) <E T="03">Export of certain exempt marine specimens</E>. 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 <PRTPAGE P="156"/>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:</P> <P>(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.</P> <P>(2) The ship that harvested the specimen is registered in the exporting country.</P> <P>(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.</P> <P>(4) The specimen was taken in accordance with the other international treaty, convention, or agreement, including any quotas.</P> <P>(5) The shipment is accompanied by any official document required under the other international treaty, convention, or agreement or otherwise required by law.</P> <P>(e) <E T="03">Export of exempt specimens from the United States</E>. 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.</P> <P>(f) <E T="03">U.S. application for export of exempt specimens</E>. 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.</P> <P>(g) <E T="03">Criteria for certain exempt marine specimens</E>. 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:</P> <P>(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.</P> <P>(2) The scientific name of the CITES species is in the standard nomenclature in the CITES Appendices or references adopted by the CoP (see § 23.23).</P> <P>(3) The ship that harvested the specimen is registered in the exporting country.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.37</SECTNO> <SUBJECT>What are the requirements for a re-export certificate?</SUBJECT> <P>(a) <E T="03">Purposes</E>. 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.</P> <P>(b) <E T="03">U.S. application forms</E>. 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:</P> <GPOTABLE CDEF="xl150,xl20" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Type of application for a re-export certificate</CHED> <CHED H="1">Form no.</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) CITES:<LI O="o13">Biological Specimens</LI> <LI O="o13">Plants</LI> <LI O="o13">Single-use Permits under a Master File or an Annual Program File</LI> <LI O="o13">Trophies by Taxidermists</LI> <LI O="o13">Wildlife</LI> </ENT> <ENT> <LI>3-200-29</LI> <LI>3-200-32</LI> <LI>3-200-74</LI> <LI>3-200-28</LI> <LI>3-200-73</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) Endangered Species Act and CITES:<LI O="o13">ESA Plants</LI> <LI O="o13">ESA Wildlife</LI> </ENT> <ENT> <LI>3-200-36</LI> <LI>3-200-37</LI> </ENT> </ROW> <ROW> <ENT I="01" O="xl">(3) Marine Mammal Protection Act and CITES:<LI O="o13">Biological Samples</LI> <LI O="o13">Live Captive-held Marine Mammals</LI> </ENT> <ENT> <LI>3-200-29</LI> <LI>3-200-53</LI> </ENT> </ROW> </GPOTABLE> <PRTPAGE P="157"/> <P>(c) <E T="03">Criteria</E>. 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:</P> <GPOTABLE CDEF="xl125,xl40C,xl40C,xl40C,xl10" COLS="5" OPTS="L2"> <BOXHD> <CHED H="1">Criteria for a re-export certificate</CHED> <CHED H="1">Appendix of the specimen</CHED> <CHED H="2">I</CHED> <CHED H="2">II</CHED> <CHED H="2">III</CHED> <CHED H="1">Section</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) The wildlife or plant was legally acquired.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.60</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.23</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) For a live specimen, an import permit has 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.”</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">n/a</ENT> <ENT O="xl">n/a</ENT> <ENT>23.35</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(4) 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.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.23</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(5) For re-export of a confiscated specimen, the proposed re-export would not be detrimental to the survival of the species.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">n/a</ENT> <ENT>23.61</ENT> </ROW> <ROW> <ENT I="01" O="xl">(6) For wildlife with the source code “W” or “F,” the re-export is for noncommercial purposes.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">n/a</ENT> <ENT O="xl">n/a</ENT> <ENT>-</ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <SECTNO>§ 23.38</SECTNO> <SUBJECT>What are the requirements for a certificate of origin?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">U.S. application forms</E>. For a certificate of origin, complete one of the following forms and submit it to the U.S. Management Authority:</P> <P>(1) Form 3-200-27 for wildlife removed from the wild.</P> <P>(2) Form 3-200-24 for captive-born wildlife.</P> <P>(3) Form 3-200-32 for plants.</P> <P>(c) <E T="03">Criteria</E>. 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:</P> <P>(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.</P> <P>(2) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP (see § 23.23).</P> <P>(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 § 23.23).</P> </SECTION> <SECTION> <SECTNO>§ 23.39</SECTNO> <SUBJECT>What are the requirements for an introduction-from-the-sea certificate?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">U.S. application form</E>. Complete Form 3-200-31 and submit it to the U.S. Management Authority.</P> <P>(c) <E T="03">Criteria</E>. 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:<PRTPAGE P="158"/> </P> <GPOTABLE CDEF="xl125,xl40C,xl40C,xl10" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Criteria for an introduction-from-the-sea certificate</CHED> <CHED H="1">Appendix of the<LI>specimen</LI> </CHED> <CHED H="2">I</CHED> <CHED H="2">II</CHED> <CHED H="1">Section</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) The specimen was taken in the marine environment not under the jurisdiction of any country.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>-</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) The proposed introduction from the sea would not be detrimental to the survival of the species.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.61</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) The specimen will not be used for primarily commercial purposes.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">n/a</ENT> <ENT>23.62</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(4) The recipients are suitably equipped to house and care for live wildlife or plants.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">n/a</ENT> <ENT>23.65</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(5) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.23</ENT> </ROW> <ROW> <ENT I="01" O="xl">(6) 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.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.23</ENT> </ROW> </GPOTABLE> <P>(d) <E T="03">Exemption</E>. 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:</P> <P>(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.</P> <P>(2) The ship that harvested the specimen is registered in the United States.</P> <P>(3) The specimen was taken in accordance with the other international treaty, convention, or agreement, including any quotas.</P> <P>(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.</P> <P>(e) <E T="03">Export of exempt specimens</E>. 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 § 23.36 (e) through (g).</P> <P>(f) <E T="03">Appendix III</E>. 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 § 23.20(f)).</P> </SECTION> <SECTION> <SECTNO>§ 23.40</SECTNO> <SUBJECT>What are the requirements for a certificate for artificially propagated plants?</SUBJECT> <P>(a) <E T="03">Purpose</E>. Article VII(5) of the Treaty grants an exemption to plants that are artificially propagated when a Management Authority issues a certificate.</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. The following provisions apply to the issuance and acceptance of a certificate for artificially propagated Appendix-I, -II, or -III plants:</P> <P>(1) The certificate for artificially propagated plants and any subsequent re-export certificate must show the source code as “A” for artificially propagated.</P> <P>(2) For an Appendix-I specimen that satisfies the requirements of this section, no CITES import permit is required.</P> <P>(c) <E T="03">U.S. application form</E>. Complete Form 3-200-33 and submit it to the U.S. Management Authority.</P> <P>(d) <E T="03">Criteria</E>. 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:<PRTPAGE P="159"/> </P> <GPOTABLE CDEF="xl100,xl40C,xl40C,xl40C,xl10" COLS="5" OPTS="L2"> <BOXHD> <CHED H="1">Criteria for a certificate for artificially propagated plants</CHED> <CHED H="1">Appendix of the<LI>specimen</LI> </CHED> <CHED H="2">I</CHED> <CHED H="2">II</CHED> <CHED H="2">III</CHED> <CHED H="1">Section</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl"> (1) The plant was artificially propagated.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.64</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) The plant specimen is one of the following:<LI O="o13">(i) Was propagated for noncommercial purposes.</LI> <LI O="o13">(ii) Is part of a traveling exhibition.</LI> <LI O="o13">(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.</LI> </ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">n/a</ENT> <ENT O="xl">n/a</ENT> <ENT/> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.23</ENT> </ROW> <ROW> <ENT I="01" O="xl">(4) The live plant will be prepared and shipped so as to minimize risk of injury, damage to health, or cruel treatment of the specimen.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.23</ENT> </ROW> </GPOTABLE> <P>(e) <E T="03">U.S. standard conditions</E>. In addition to the conditions in § 23.56, you must meet all of the following conditions:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.41</SECTNO> <SUBJECT>What are the requirements for a bred-in-captivity certificate?</SUBJECT> <P>(a) <E T="03">Purpose</E>. Article VII(5) of the Treaty grants an exemption to wildlife that is bred in captivity when a Management Authority issues a certificate.</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. The following provisions apply to the issuance and acceptance of a certificate for Appendix-I, -II, or -III wildlife that was bred in captivity:</P> <P>(1) The certificate and any subsequent re-export certificate must show the source code as “C” for bred in captivity.</P> <P>(2) For an Appendix-I specimen that satisfies the requirements of this section, no CITES import permit is required.</P> <P>(c) <E T="03">U.S. application form</E>. Complete Form 3-200-24 and submit it to the U.S. Management Authority.</P> <P>(d) <E T="03">Criteria</E>. 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:</P> <GPOTABLE CDEF="xl100,xls40C,xls40C,xls40C,xl8.2" COLS="5" OPTS="L2"> <BOXHD> <CHED H="1">Criteria for a bred-in-captivity certificate</CHED> <CHED H="1">Appendix of the<LI>specimen</LI> </CHED> <CHED H="2">I</CHED> <CHED H="2">II</CHED> <CHED H="2">III</CHED> <CHED H="1">Section</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) The wildlife was bred in captivity.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.63</ENT> </ROW> <ROW RUL="s"> <PRTPAGE P="160"/> <ENT I="01" O="xl">(2) The wildlife specimen was bred for noncommercial purposes or is part of a traveling exhibition.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">n/a</ENT> <ENT O="xl">n/a</ENT> <ENT>23.5</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.23</ENT> </ROW> <ROW> <ENT I="01" O="xl">(4) Live wildlife will be prepared and shipped so as to minimize risk of injury, damage to health, or cruel treatment of the specimen.</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT O="xl">Yes</ENT> <ENT>23.23</ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <SECTNO>§ 23.42</SECTNO> <SUBJECT>What are the requirements for a plant hybrid?</SUBJECT> <P> <E T="03">General provisions</E>. Except as provided in § 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:</P> <GPOTABLE CDEF="xl100,xl100" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Question on a plant hybrid</CHED> <CHED H="1">Answer and status of specimen</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(a) Is the specimen an artificially propagated hybrid of one or more Appendix-I species or taxa?</ENT> <ENT>(1) <E T="02">YES</E>. Continue to paragraph (b) of this section.<LI>(2) <E T="02">NO</E>. Continue to paragraph (c) of this section.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(b) Is one or more of the Appendix-I species or taxa in paragraph (a) of this section annotated to include hybrids?</ENT> <ENT>(1) <E T="02">YES</E>. The hybrid is listed in Appendix I.<LI>(2) <E T="02">NO</E>. The hybrid is listed in Appendix I, but may be granted a certificate for artificially propagated plants even if propagated for commercial purposes.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(c) Is the specimen a hybrid that includes two or more CITES species or taxa in its lineage?</ENT> <ENT>(1) <E T="02">YES</E>. Consider the specimen to be listed in the more restrictive Appendix, with Appendix I being the most restrictive and Appendix III the least.<LI>(2) <E T="02">NO</E>. Continue to paragraph (d) of this section.</LI> </ENT> </ROW> <ROW> <ENT I="01" O="xl">(d) Is the specimen a hybrid that includes one CITES species or taxon in its lineage?</ENT> <ENT>(1) <E T="02">YES</E>. Consider the specimen to be listed in the Appendix in which the species or taxon is listed in the CITES Appendices.<LI>(2) <E T="02">NO</E>. The hybrid is not regulated by CITES.</LI> </ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <SECTNO>§ 23.43</SECTNO> <SUBJECT>What are the requirements for a wildlife hybrid?</SUBJECT> <P>(a) <E T="03">Definition</E>. For the purposes of this section, recent lineage means the last four generations of a specimen's ancestry (direct line of descent).</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. 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.</P> <P>(c) <E T="03">CITES documents</E>. All CITES documents must show the wildlife hybrid listed in the following Appendix:</P> <GPOTABLE CDEF="xl200,xl50" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">If at least one specimen in the recent lineage is listed in:</CHED> <CHED H="1">Then the specimen is<LI>listed in:</LI> </CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) Appendix I</ENT> <ENT>Appendix I</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) Appendix II, and an Appendix-I species is not included in the recent lineage</ENT> <ENT>Appendix II</ENT> </ROW> <ROW> <ENT I="01" O="xl">(3) Appendix III, and an Appendix-I or -II species is not included in the recent lineage</ENT> <ENT>Appendix III</ENT> </ROW> </GPOTABLE> <P>(d) <E T="03">U.S. application for wildlife hybrid</E>. To apply for a CITES document, complete the appropriate form for the proposed activity (see §§ 23.18 through 23.20) and submit it to the U.S. Management Authority.</P> <P>(e) <E T="03">Criteria</E>. For export of a hybrid that contains a CITES species in its recent lineage, you must meet the requirements of § 23.36.<PRTPAGE P="161"/> </P> <P>(f) <E T="03">Exempt wildlife hybrids</E>. The following provisions apply to import, export, or re-export of exempt wildlife hybrids:</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.44</SECTNO> <SUBJECT>What are the requirements to travel internationally with my personally owned live wildlife?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. The following provisions apply to the issuance and acceptance of a certificate of ownership for frequent international travel with live wildlife for personal use:</P> <P>(1) The certificate must be obtained from the Management Authority in the country of the owner's primary residence.</P> <P>(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.</P> <P>(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.</P> <P>(4) Upon returning home, the owner may apply for a certificate of ownership for wildlife born or acquired overseas.</P> <P>(c) <E T="03">U.S. application form</E>. Complete Form 3-200-64 and submit it to the U.S. Management Authority.</P> <P>(d) <E T="03">Criteria</E>. 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:</P> <P>(1) The traveler owns the live wildlife and it will accompany the owner.</P> <P>(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.</P> <P>(3) To apply for a U.S. certificate, the owner resides in the United States.</P> <P>(4) The wildlife was legally acquired (see § 23.60).</P> <P>(5) The owner does not intend to sell, donate, or transfer the wildlife while traveling internationally.</P> <P>(6) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP (see § 23.23).</P> <P>(7) The Management Authority of the country of import has agreed to the cross-border movement.</P> <P>(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.</P> <P>(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 § 23.23).</P> <P>(e) <E T="03">U.S. standard conditions</E>. In addition to the conditions in § 23.56, all of the following conditions must be met:</P> <P>(1) You must accompany the wildlife during any cross-border movement.</P> <P>(2) You must transport the wildlife for personal use only.</P> <P>(3) You must not sell, donate, or transfer the specimen while traveling internationally.<PRTPAGE P="162"/> </P> <P>(4) You must present the certificate to the official for validation at each border crossing.</P> <P>(5) If the certificate is lost, stolen, or accidentally destroyed, you must obtain a replacement certificate from the issuing Management Authority.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.45</SECTNO> <SUBJECT>What are the requirements for a pre-Convention specimen?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. The following general provisions apply to the issuance and acceptance of pre-Convention documents:</P> <P>(1) Trade in a specimen under the pre-Convention exemption is allowed only if the importing country will accept a pre-Convention certificate.</P> <P>(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.</P> <P>(3) For a pre-Convention Appendix-I specimen, no CITES import permit is required.</P> <P>(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.</P> <P>(c) <E T="03">U.S. application form</E>. Complete Form 3-200-23 (wildlife) or Form 3-200-32 (plants) and submit it to the U.S. Management Authority.</P> <P>(d) <E T="03">Criteria</E>. 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:</P> <P>(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.</P> <P>(2) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP (see § 23.23).</P> <P>(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.</P> <P>(4) For the re-export of a pre-Convention specimen previously imported under a CITES document, the wildlife or plant was legally imported.</P> </SECTION> <SECTION> <SECTNO>§ 23.46</SECTNO> <SUBJECT>What are the requirements for registering a commercial breeding operation for Appendix-I wildlife and commercially exporting specimens?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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 § 23.92).</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. The following provisions apply to the registration of U.S. and foreign commercial breeding operations for Appendix-I wildlife:</P> <P>(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.</P> <P>(2) The Secretariat will verify that the application is complete and notify the Parties of the request.</P> <P>(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 <PRTPAGE P="163"/>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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(7) When the Secretariat is satisfied that the operation meets the registration requirements, it will include the operation in its register.</P> <P>(8) Operations are assigned an identification number and listed in the official register. Registration is not final until the Secretariat notifies all Parties.</P> <P>(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.</P> <P>(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.</P> <P>(11) A Party may unilaterally request the removal of a registered operation within its jurisdiction by notifying the Secretariat.</P> <P>(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 § 23.45) or was bred at a commercial breeding operation that is registered with the CITES Secretariat as provided in this section.</P> <P>(c) <E T="03">U.S. application to register</E>. Complete Form 3-200-65 and submit it to the U.S. Management Authority.</P> <P>(d) <E T="03">Criteria</E>. 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:</P> <GPOTABLE CDEF="xl150,xl10.2" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Criteria for registering a commercial breeding operation for Appendix-I wildlife</CHED> <CHED H="1">Section</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) The operation breeds wildlife for commercial purposes.</ENT> <ENT>23.5</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) The parental stock was legally acquired.</ENT> <ENT>23.60</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) The wildlife meets bred-in-captivity criteria.</ENT> <ENT>23.63</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(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.</ENT> <ENT>-</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(5) The potential escape of specimens or pathogens from the facility does not pose a risk to the ecosystem and native species.</ENT> <ENT>-</ENT> </ROW> <ROW RUL="s"> <PRTPAGE P="164"/> <ENT I="01" O="xl">(6) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP.</ENT> <ENT>23.23</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(7) The breeding operation will make a continuing, meaningful contribution to the conservation of the species according to the conservation needs of the species.</ENT> <ENT>-</ENT> </ROW> <ROW> <ENT I="01" O="xl">(8) The operation will be carried out at all stages in a humane (non-cruel) manner.</ENT> <ENT>-</ENT> </ROW> </GPOTABLE> <P>(e) <E T="03">Standard conditions of the registration</E>. In addition to the conditions in § 23.56, you must meet all of the following conditions:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(f) <E T="03">U.S. and foreign general provisions for export of specimens that originated in a registered breeding operation.</E> 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:</P> <P>(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.</P> <P>(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.</P> <P>(3) No CITES import permit is required for a qualifying specimen.</P> <P>(g) <E T="03">U.S. application form</E>. Complete Form 3-200-24 and submit it to the U.S. Management Authority.</P> <P>(h) <E T="03">Criteria</E>. 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:</P> <GPOTABLE CDEF="xl150,xl10.2" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Criteria for an export permit</CHED> <CHED H="1">Section</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) The specimen was bred at a commercial operation for Appendix-I wildlife that is registered with the CITES Secretariat.</ENT> <ENT>23.46</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) The proposed export would not be detrimental to the survival of the species.</ENT> <ENT>23.61</ENT> </ROW> <ROW> <ENT I="01" O="xl">(3) Live wildlife will be prepared and shipped so as to minimize risk of injury, damage to health, or cruel treatment of the specimen.</ENT> <ENT>23.23</ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <SECTNO>§ 23.47</SECTNO> <SUBJECT>What are the requirements for export of an Appendix-I plant artificially propagated for commercial purposes?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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 <PRTPAGE P="165"/>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.</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. The following provisions apply to the issuance and acceptance of export permits for Appendix-I specimens artificially propagated for commercial purposes:</P> <P>(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 § 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.”</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">U.S. application form</E>. 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.</P> <P>(d) <E T="03">Criteria</E>. 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:</P> <GPOTABLE CDEF="xl150,xl10.2" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Criteria for an export permit</CHED> <CHED H="1">Section</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(1) The specimen was propagated for commercial purposes.</ENT> <ENT>23.5</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(2) The parental stock was legally acquired.</ENT> <ENT>23.60</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(3) The proposed export would not be detrimental to the survival of the species.</ENT> <ENT>23.61</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(4) The plant was artificially propagated.</ENT> <ENT>23.64</ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(5) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP.</ENT> <ENT>23.23</ENT> </ROW> <ROW> <ENT I="01" O="xl">(6) The live plant will be prepared and shipped so as to minimize risk of injury, damage to health, or cruel treatment of the specimen.</ENT> <ENT>23.23</ENT> </ROW> </GPOTABLE> <P>(e) <E T="03">Nursery registration</E>. [Reserved]</P> </SECTION> <SECTION> <SECTNO>§ 23.48</SECTNO> <SUBJECT>What are the requirements for a registered scientific institution?</SUBJECT> <P>(a) <E T="03">Purpose.</E> 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.</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. The following provisions apply to the registration of scientific institutions and acceptance of shipments from registered scientific institutions:</P> <P>(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.</P> <P>(i) When a Management Authority is satisfied that a scientific institution has met the criteria for registration, it <PRTPAGE P="166"/>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.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">U.S. application to register as a scientific institution</E>. To register, complete Form 3-200-39 and submit it to the U.S. Management Authority.</P> <P>(d) <E T="03">Criteria.</E> 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:</P> <P>(1) Collections of wildlife or plant specimens are permanently housed and professionally curated, and corresponding records are kept.</P> <P>(2) Specimens are accessible to all qualified users, including those from other institutions.</P> <P>(3) Specimens are properly accessioned in a permanent catalog.</P> <P>(4) Records are permanently maintained for loans and transfers to and from other institutions.</P> <P>(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.</P> <P>(6) Collections are prepared and arranged in a way that ensures their accessibility to researchers.</P> <P>(7) Specimen labels, permanent catalogs, and other records are accurate.</P> <P>(8) Specimens are legally acquired and lawfully possessed under a country's wildlife and plant laws.</P> <P>(9) Appendix-I specimens are permanently and centrally housed under the direct control of the institution.</P> <P>(e) <E T="03">U.S. standard conditions</E>. In addition to the conditions in § 23.56, any activity conducted under a certificate of scientific exchange must meet all of the following conditions:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) The institution must keep records to show that the specimens were legally acquired.</P> <P>(5) A customs declaration label must be affixed to the outside of each shipping container or package that contains all of the following:</P> <P>(i) The acronym “CITES.”</P> <P>(ii) A description of the contents (such as “herbarium specimens”).</P> <P>(iii) The names and addresses of the sending and receiving registered institutions.</P> <P>(iv) The signature of a responsible officer of the sending registered scientific institution.</P> <P>(v) The scientific institution codes of both registered scientific institutions involved in the loan, donation, or exchange.</P> <P>(6) A registered institution may destroy samples during analysis, provided that a portion of the sample is maintained and permanently recorded at a <PRTPAGE P="167"/>registered scientific institution for future scientific reference.</P> </SECTION> <SECTION> <SECTNO>§ 23.49</SECTNO> <SUBJECT>What are the requirements for an exhibition traveling internationally?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. 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:</P> <P>(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.</P> <P>(2) The certificate must indicate that the wildlife or plant is part of a traveling exhibition.</P> <P>(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.</P> <P>(4) The certificate is not transferable.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(8) Upon returning home, the exhibitor may apply for a traveling-exhibition certificate for wildlife born overseas or for wildlife or plants acquired overseas.</P> <P>(c) <E T="03">U.S. application form</E>. Complete Form 3-200-30 for wildlife and Form 3-200-32 for plants, and submit it to the U.S. Management Authority.</P> <P>(d) <E T="03">Criteria</E>. 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:</P> <P>(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.</P> <P>(2) The cross-border movement must be for exhibition, and not for breeding, propagating, or activities other than exhibition.</P> <P>(3) The traveling exhibition is based in the country that issued the certificate.</P> <P>(4) The specimen meets the criteria for a bred-in-captivity certificate, certificate for artificially propagated plants, or pre-Convention certificate.</P> <P>(5) The exhibitor does not intend to sell or otherwise transfer the wildlife or plant while traveling internationally.</P> <P>(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.</P> <P>(e) <E T="03">U.S. standard conditions</E>. In addition to the conditions in § 23.56, you must meet all of the following conditions:</P> <P>(1) The certificate may be used by you, and you must not transfer or assign it to another person or traveling exhibition.</P> <P>(2) You must transport the specimen internationally only for exhibition, not for breeding, propagating, or activities other than exhibition.</P> <P>(3) You must present the certificate to the official for validation at each border crossing.<PRTPAGE P="168"/> </P> <P>(4)For live plants, the quantity of plants must be reasonable for the purpose of the traveling exhibition.</P> <P>(5) You must not sell or otherwise transfer the specimen, or any offspring born to such specimen, while traveling internationally.</P> <P>(6) If the certificate is lost, stolen, or accidentally destroyed, you may obtain a replacement certificate only from the U.S. Management Authority.</P> <P>(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.</P> <P>(8) You must return the traveling exhibition to the United States before the certificate expires.</P> </SECTION> <SECTION> <SECTNO>§ 23.50</SECTNO> <SUBJECT>What are the requirements for a sample collection covered by an ATA carnet?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">Definition</E>. For purposes of this section, <E T="03">sample collection</E> 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:</P> <P>(1) Cross international borders only for temporary exhibition or display purposes and return to the originating country.</P> <P>(2) Be accompanied by a valid ATA carnet and remain under customs control.</P> <P>(3) Not be sold or otherwise transferred while traveling internationally.</P> <P>(c) <E T="03">U.S. and foreign general provisions</E>. The following general provisions apply to the issuance and acceptance of a CITES document for the movement of sample collections:</P> <P>(1) The Management Authority in the country where the sample collection originated must issue a CITES document that:</P> <P>(i) Clearly specifies that the document was issued for a “sample collection.”</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(6) The exporter or re-exporter must return the sample collection to the originating country prior to the expiration of the CITES document.</P> <P>(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.</P> <P>(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.</P> <P>(d) <E T="03">U.S. application form</E>. Complete Form 3-200-29 for wildlife and Form 3-200-32 for plants, and submit it to the U.S. Management Authority.</P> <P>(e) <E T="03">Criteria</E>. 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:<PRTPAGE P="169"/> </P> <P>(1) The specimens meet the definition of a sample collection as provided in paragraph (b) of this section.</P> <P>(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.</P> <P>(f) <E T="03">U.S. standard conditions</E>. In addition to the conditions in § 23.56, you must meet all of the following conditions:</P> <P>(1) You must transport the sample collection only for temporary exhibition or display purposes.</P> <P>(2) You must not transfer or assign the CITES document to another person.</P> <P>(3) You must not sell, donate, or transfer specimens while traveling internationally.</P> <P>(4) You must present the CITES document and the ATA carnet to the official for validation at each border crossing.</P> <P>(5) You must return the sample collection to the United States prior to the expiration of the CITES document.</P> <P>(6) If the CITES document is lost, stolen, or accidentally destroyed, you may obtain a replacement certificate only from the U.S. Management Authority.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.51</SECTNO> <SUBJECT>What are the requirements for issuing a partially completed CITES document?</SUBJECT> <P>(a) <E T="03">Purpose</E>. Under Article VIII(3), Parties are to ensure that CITES specimens are traded with a minimum of delay.</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. The following provisions apply to the issuance and acceptance of partially completed CITES documents.</P> <P>(1) A Management Authority may issue partially completed CITES documents only when:</P> <P>(i) The permitted trade will have a negligible impact or no impact on the conservation of the species.</P> <P>(ii) All provisions of CITES have been met.</P> <P>(iii) The specimens are one of the following:</P> <P>(A) Biological samples.</P> <P>(B) Pre-Convention specimens.</P> <P>(C) Specimens that qualify as bred in captivity or artificially propagated.</P> <P>(D) Appendix-I specimens from registered commercial breeding operations.</P> <P>(E) Appendix-I plants artificially propagated for commercial purposes.</P> <P>(F) Other specimens that the Management Authority determines qualify for partially completed documents.</P> <P>(2) A Management Authority may register applicants for species that may be traded under partially completed documents.</P> <P>(3) Partially completed CITES documents require the permit holder to:</P> <P>(i) Enter specific information on the CITES document or its annex as conditioned on the face of the CITES document.</P> <P>(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.</P> <P>(iii) Sign the CITES document, which acts as a certification that the information entered is true and accurate.</P> <P>(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.</P> <P>(c) <E T="03">U.S. application form</E>. Complete the appropriate form for the proposed activity (see §§ 23.18 through 23.20) and submit it to the U.S. Management Authority.</P> <P>(d) <E T="03">Criteria</E>. 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:</P> <P>(1) The use of partially completed documents benefits both the permit holder and the issuing Management Authority.<PRTPAGE P="170"/> </P> <P>(2) The proposed activity will have a negligible impact or no impact upon the conservation of the species.</P> <P>(e) <E T="03">U.S. standard conditions</E>. In addition to the conditions in § 23.56 and any standard conditions in this part that apply to the specific CITES document, the following conditions must be met:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) You must sign the CITES document to certify that all information entered by you is true and correct.</P> </SECTION> <SECTION> <SECTNO>§ 23.52</SECTNO> <SUBJECT>What are the requirements for replacing a lost, damaged, stolen, or accidentally destroyed CITES document?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. The following provisions apply to the issuance and acceptance of a replacement CITES document:</P> <P>(1) The permittee must notify the issuing Management Authority that the document was lost, damaged, stolen, or accidentally destroyed.</P> <P>(2) The issuing Management Authority must be satisfied that the CITES document was lost, damaged, stolen, or accidentally destroyed.</P> <P>(3) The issuing Management Authority should immediately inform the Management Authority in the country of destination and, for commercial shipments, the Secretariat.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">U.S. application procedures</E>. To apply for a replacement CITES document, you must do all of the following:</P> <P>(1) Complete application Form 3-200-66 and submit it to the U.S. Management Authority.</P> <P>(2) Consult the list to find the types of information you need to provide (more than one circumstance may apply to you):</P> <GPOTABLE CDEF="xl50,xl150" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">If</CHED> <CHED H="1">Then</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(i) The shipment has already occurred</ENT> <ENT>Provide copies of:<LI O="o13">(A) Any correspondence you have had with the shipper or importing country's Management Authority concerning the shipment.</LI> <LI O="o13">(B) For wildlife, the validated CITES document and cleared Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177).</LI> <LI O="o13">(C) For plants, the validated CITES document.</LI> </ENT> </ROW> <ROW RUL="s"> <ENT I="01" O="xl">(ii) The original CITES document no longer exists</ENT> <ENT>Submit a signed, dated, and notarized statement that:<LI O="o13">(A) Provides the CITES document number and describes the circumstances that resulted in the loss or destruction of the original CITES document.</LI> <LI O="o13">(B) States whether the shipment has already occurred.</LI> <LI O="o13">(C) Requests a replacement U.S. CITES document.</LI> </ENT> </ROW> <ROW> <ENT I="01" O="xl">(iii) An original CITES document exists but has been damaged</ENT> <ENT>Submit the original damaged CITES document and a signed, dated, and notarized statement that:<LI O="o13">(A) Describes the circumstances that resulted in the CITES document being damaged.</LI> <LI O="o13">(B) States whether the shipment has already occurred.</LI> <LI O="o13">(C) Requests a replacement U.S. CITES document.</LI> </ENT> </ROW> </GPOTABLE> <PRTPAGE P="171"/> <P>(d) <E T="03">Criteria</E>. 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:</P> <P>(1) The circumstances for the lost, damaged, stolen, or accidentally destroyed CITES document are reasonable.</P> <P>(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.</P> <P>(e) <E T="03">U.S. standard conditions</E>. In addition to the conditions in § 23.56, the following conditions apply:</P> <P>(1) If the original CITES document is found, you must return it to the U.S. Management Authority.</P> <P>(2) A CITES document issued for a shipment that has already occurred does not require validation.</P> <P>(f) <E T="03">Validation</E>. For an export or re-export that has not left the United States, follow the procedures in § 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.</P> </SECTION> <SECTION> <SECTNO>§ 23.53</SECTNO> <SUBJECT>What are the requirements for obtaining a retrospective CITES document?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">U.S. and foreign general provisions</E>. The following provisions apply to the issuance and acceptance of a retrospective CITES document:</P> <P>(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.</P> <P>(2) The exporter or re-exporter must notify the Management Authority in the exporting or re-exporting country of the irregularities that have occurred.</P> <P>(3) A retrospective document may be one of the following:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) The issuing Management Authority must provide all of the following information on any retrospective CITES document:</P> <P>(i) A statement that it was issued retrospectively.</P> <P>(ii) A statement specifying the reason for the issuance.</P> <P>(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.</P> <P>(6) The issuing Management Authority must send a copy of the retrospective CITES document to the Secretariat.</P> <P>(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.</P> <P>(c) <E T="03">U.S. application</E>. Complete application Form 3-200-58 and submit it to the U.S. Management Authority. In addition, submit one of the following:<PRTPAGE P="172"/> </P> <P>(1) For a shipment that occurred under a document containing a technical error, the faulty CITES document.</P> <P>(2) For a shipment that occurred without a CITES document, a completed application form for the type of activity you conducted (see §§ 23.18 through 23.20).</P> <P>(d) <E T="03">Criteria</E>. 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:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) The importing Management Authority has agreed to accept the retrospectively issued CITES document.</P> <P>(5) The specimens must be Appendix-II or -III wildlife or plants, except as provided in paragraph (d)(7) of this section.</P> <P>(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:</P> <P>(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).</P> <P>(ii) The Management Authority unintentionally made a technical error that was not prompted by information provided by the applicant when issuing the CITES document.</P> <P>(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:</P> <P>(i) Personal or household effects.</P> <P>(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.</P> <P>(iii) Parts, products, or derivatives of an Appendix-I species that qualify as pre-Convention when the following conditions are met:</P> <P>(A) You own and possess the specimen for personal use.</P> <P>(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.</P> <P>(C) The quantity is reasonably necessary or appropriate for the nature of your trip or stay.</P> <P>(e) <E T="03">U.S. standard conditions</E>. In addition to the conditions in § 23.56, the following condition applies: A CITES document issued for a shipment that has already occurred does not require validation.</P> <P>(f) <E T="03">Validation</E>. 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.</P> </SECTION> <SECTION> <SECTNO>§ 23.54</SECTNO> <SUBJECT>How long is a U.S. or foreign CITES document valid?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">Period of validity</E>. 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.<PRTPAGE P="173"/> </P> <P>(1) An export permit and re-export certificate will be valid for no longer than 6 months from the issuance date.</P> <P>(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.</P> <P>(3) A traveling-exhibition certificate and certificate of ownership will be valid for no longer than 3 years from the issuance date.</P> <P>(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.</P> <P>(c) <E T="03">Extension of validity</E>. 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 § 23.73.</P> </SECTION> <SECTION> <SECTNO>§ 23.55</SECTNO> <SUBJECT>How may I use a CITES specimen after import into the United States?</SUBJECT> <P>You may use CITES specimens after import into the United States for the following purposes:</P> <GPOTABLE CDEF="xl100,r100" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">If the species is listed in</CHED> <CHED H="1">Allowed use after import</CHED> </BOXHD> <ROW RUL="s"> <ENT I="01" O="xl">(a) Appendix I, except for specimens imported with a CITES exemption document listed in paragraph (d) of this section.<LI>(b) Appendix II with an annotation for noncommercial purposes where other specimens of that species are treated as if listed in Appendix I.</LI> <LI>(c) Appendix II and threatened under the ESA, except as provided in a special rule in §§ 17.40 through 17.48 or under a permit granted under §§ 17.32 or 17.52.</LI> </ENT> <ENT>The specimen may be used, including a transfer, donation, or exchange, only for noncommercial purposes.</ENT> </ROW> <ROW> <ENT I="01" O="xl">(d) Appendix I, and imported with a CITES exemption document as follows:<LI O="o13">(1) U.S-issued certificate for personally owned wildlife.</LI> <LI O="o13">(2) Pre-Convention certificate.</LI> <LI O="o13">(3) Export permit or re-export certificate for wildlife from a registered commercial breeding operation.</LI> <LI O="o13">(4) Export permit or re-export certificate for a plant from a registered nursery or under a permit with a source code of “D.”</LI> <LI O="o13">(5) U.S.-issued traveling-exhibition certificate.</LI> <LI>(e) Appendix II, other than those in paragraphs (b) and (c) of this section.</LI> <LI>(f) Appendix III.</LI> </ENT> <ENT>The specimen may be used for any purpose, except if the regulations in this part or other parts of this subchapter or a permit condition allowed the import only for noncommercial purposes, then the import and subsequent use must be only for noncommercial purposes.</ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <SECTNO>§ 23.56</SECTNO> <SUBJECT>What U.S. CITES document conditions do I need to follow?</SUBJECT> <P>(a) <E T="03">General conditions</E>. The following general conditions apply to all U.S. CITES documents:</P> <P>(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.</P> <P>(2) For export and re-export of live wildlife and plants, transport conditions must comply with CITES'<E T="03">Guidelines for transport and preparation for shipment of live wild animals and plants</E>or, in the case of air transport of live wildlife, with <E T="03">International Air Transport Association Live Animals Regulations</E>.</P> <P>(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.</P> <P>(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.<PRTPAGE P="174"/> </P> <P>(b) <E T="03">Standard conditions</E>. You must comply with the standard conditions provided in this part for specific types of CITES documents.</P> <P>(c) <E T="03">Special conditions</E>. 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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Factors Considered in Making Certain Findings</HD> <SECTION> <SECTNO>§ 23.60</SECTNO> <SUBJECT>What factors are considered in making a legal acquisition finding?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">Types of legal acquisition</E>. Legal acquisition refers to whether the specimen and its parental stock were:</P> <P>(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</P> <P>(2) If previously traded, traded internationally in accordance with the provisions of CITES.</P> <P>(c) <E T="03">How we make our findings</E>. We make a finding that a specimen was legally acquired in the following way:</P> <P>(1) The applicant must provide sufficient information (see § 23.34) for us to make a legal acquisition finding.</P> <P>(2) We make this finding after considering all available information.</P> <P>(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.</P> <P>(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.</P> <P>(d) <E T="03">Risk assessment</E>. 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 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:</P> <P>(1) <E T="03">Status of the species</E>: From Appendix I to Appendix III.</P> <P>(2) <E T="03">Origin of the specimen</E>: From wild-collected to born or propagated in a controlled environment to bred in captivity or artificially propagated.</P> <P>(3) <E T="03">Source of the propagule used to grow the plant</E>: 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.</P> <P>(4) <E T="03">Origin of the species</E>: From species native to the United States or its bordering countries of Mexico or Canada to nonnative species from other countries.</P> <P>(5) <E T="03">Volume of illegal trade</E>: From high to low occurrence of illegal trade.</P> <P>(6) <E T="03">Type of trade</E>: From commercial to noncommercial.</P> <P>(7) <E T="03">Trade by range countries</E>: 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.</P> <P>(8) <E T="03">Occurrence of the species in a controlled environment in the United States</E>: From uncommon to common in a controlled environment in the United States.</P> <P>(9) <E T="03">Ability of the species to be bred or propagated readily in a controlled environment</E>: 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.<PRTPAGE P="175"/> </P> <P>(10) <E T="03">Genetic status of the specimen</E>: From a purebred species to a hybrid.</P> <P>(e) <E T="03">Captive-bred wildlife or a cultivated plant</E>. For a specimen that is captive-bred or cultivated, we may consider whether the parental stock was legally acquired.</P> <P>(f) <E T="03">Confiscated specimen</E>. 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.</P> <P>(g) <E T="03">Donated specimen of unknown origin</E>. For an unsolicited specimen of unknown origin donated to a public institution (see § 10.12 of this subchapter), we consider whether:</P> <P>(1) The public institution follows standard recordkeeping practices and has made reasonable efforts to obtain supporting information on the origin of the specimen.</P> <P>(2) The public institution provides sufficient information to show it made a reasonable effort to find a suitable recipient in the United States.</P> <P>(3) The export will provide a conservation benefit to the species.</P> <P>(4) No persuasive information exists on illegal transactions involving the specimen.</P> <P>(5) The export is noncommercial, with no money or barter exchanged except for shipping costs.</P> <P>(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.</P> <P>(h) <E T="03">Imported previously</E>. 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.</P> <P>(i) <E T="03">Personal use</E>. For a wildlife or plant specimen that is being exported or re-exported for personal use by the applicant, we consider whether:</P> <P>(1) The specimen was acquired in the United States and possessed for strictly personal use.</P> <P>(2) The number of specimens is reasonably appropriate for the nature of your export or re-export as personal use.</P> <P>(3) No persuasive evidence exists on illegal transactions involving the specimen.</P> <P>(j) <E T="03">Sequential ownership</E>. 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.</P> <P>(k) <E T="03">Wild-collected in the United States</E>. 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.</P> </SECTION> <SECTION> <SECTNO>§ 23.61</SECTNO> <SUBJECT>What factors are considered in making a non-detriment finding?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">Types of detriment</E>. 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.</P> <P>(c) <E T="03">General factors</E>. 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:</P> <P>(1) Biological and management information demonstrates that the proposed activity represents sustainable use.<PRTPAGE P="176"/> </P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) The proposed activity would not lead to long-term declines that would place the viability of the affected population in question.</P> <P>(6) The proposed activity would not lead to significant habitat or range loss or restriction.</P> <P>(d) <E T="03">Additional factor for Appendix-II species</E>. 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.</P> <P>(e) <E T="03">Additional factors for Appendix-I species</E>. In addition to the general factors in paragraph (c) of this section, we will consider whether the proposed activity:</P> <P>(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.</P> <P>(2) Would not interfere with the recovery of the species.</P> <P>(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.</P> <P>(f) <E T="03">How we make our findings</E>. 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:</P> <P>(1) We consult with the States, Tribes, other Federal agencies, scientists, other experts, and the range countries of the species.</P> <P>(2) We consult with the Secretariat and other Parties to monitor the level of trade that is occurring in the species.</P> <P>(3) Based on the factors in paragraphs (c) through (e) of this section, we evaluate the biological impact of the proposed activity.</P> <P>(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.</P> <P>(g) <E T="03">Risk assessment</E>. 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:</P> <P>(1) <E T="03">Status of the species</E>: From Appendix I to Appendix II.</P> <P>(2) <E T="03">Origin of the specimen</E>: From wild-collected to born or propagated in a controlled environment to bred in captivity or artificially propagated.</P> <P>(3) <E T="03">Source of the propagule used to grow the plant</E>: 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.</P> <P>(4) <E T="03">Origin of the species</E>: From native species to nonnative species.</P> <P>(5) <E T="03">Volume of legal trade</E>: From high to low occurrence of legal trade.</P> <P>(6) <E T="03">Volume of illegal trade</E>: From high to low occurrence of illegal trade.</P> <P>(7) <E T="03">Type of trade</E>: From commercial to noncommercial.</P> <P>(8) <E T="03">Genetic status of the specimen</E>: From a purebred species to a hybrid.</P> <P>(9) <E T="03">Risk of disease transmission</E>: From high to limited risk of disease transmission.</P> <P>(10) <E T="03">Basis for listing</E>: From listed under Article II(1) or II(2)(a) of the Treaty to listed under Article II(2)(b).</P> <P>(h) <E T="03">Quotas for Appendix-I species</E>. When an export quota has been set by the CoP for an Appendix-I species, we <PRTPAGE P="177"/>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.</P> </SECTION> <SECTION> <SECTNO>§ 23.62</SECTNO> <SUBJECT>What factors are considered in making a finding of not for primarily commercial purposes?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">How we make our findings</E>. 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.</P> <P>(1) We will make this decision on a case-by-case basis considering all available information.</P> <P>(2) The applicant must provide sufficient information to satisfy us that the intended use is not for primarily commercial purposes.</P> <P>(3) The definitions of “commercial” and “primarily commercial purposes” in § 23.5 apply.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Examples</E>. 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 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.</P> <P>(1) <E T="03">Personal use</E>. 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.</P> <P>(2) <E T="03">Scientific purposes</E>. 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.</P> <P>(3) <E T="03">Conservation, education, or training</E>. 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.</P> <P>(4) <E T="03">Biomedical industry</E>. 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 <PRTPAGE P="178"/>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.</P> <P>(5) <E T="03">Captive-breeding or artificial propagation programs</E>. 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.</P> <P>(6) <E T="03">Professional dealers</E>. 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.</P> <P>(d) <E T="03">Risk assessment</E>. 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 the international trade has a continuum of risk from high to low associated with it as follows:</P> <P>(1) <E T="03">Type of importer</E>: From for-profit entity to private individual to nonprofit entity.</P> <P>(2) <E T="03">Ability of the proposed uses to generate revenue</E>: From the ability to generate measurable increases in revenue or other economic value to no anticipated increases in revenue or other economic value.</P> <P>(3) <E T="03">Appeal of the species</E>: From high public appeal to low public appeal.</P> <P>(4) <E T="03">Occurrence of the species in the United States</E>: From uncommon to common in a controlled environment in the United States.</P> <P>(5) <E T="03">Intended use of offspring</E>: From commercial to noncommercial.</P> <P>(e) <E T="03">Analysis of anticipated revenues and other economic value</E>. 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.</P> <P>(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.</P> <P>(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, <PRTPAGE P="179"/>timeframes for accomplishing tasks, and anticipated benefits to the species.</P> <P>(3) We will consider any plans to monitor a proposed conservation project, including expenditure of funds or completion of tasks.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.63</SECTNO> <SUBJECT>What factors are considered in making a finding that an animal is bred in captivity?</SUBJECT> <P>(a) <E T="03">Purpose</E>. Article VII(4) and (5) of the Treaty provide exemptions that allow for the special treatment of wildlife that was bred in captivity (see §§ 23.41 and 23.46).</P> <P>(b) <E T="03">Definitions</E>. The following terms apply when determining whether specimens qualify as “bred in captivity”:</P> <P>(1) A <E T="03">controlled environment</E> 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.</P> <P>(2) <E T="03">Breeding stock</E> means an ensemble of captive wildlife used for reproduction.</P> <P>(c) <E T="03">Bred-in-captivity criteria</E>. For a specimen to qualify as bred in captivity, we must be satisfied that all the following criteria are met:</P> <P>(1) If reproduction is sexual, the specimen was born to parents that either mated or transferred gametes in a controlled environment.</P> <P>(2) If reproduction is asexual, the parent was in a controlled environment when development of the offspring began.</P> <P>(3) The breeding stock meets all of the following criteria:</P> <P>(i) Was established in accordance with the provisions of CITES and relevant national laws.</P> <P>(ii) Was established in a manner not detrimental to the survival of the species in the wild.</P> <P>(iii) Is maintained with only occasional introduction of wild specimens as provided in paragraph (d) of this section.</P> <P>(iv) Has consistently produced offspring of second or subsequent generations in a controlled environment, or is managed in a way that has been demonstrated to be capable of reliably producing second-generation offspring and has produced first-generation offspring.</P> <P>(d) <E T="03">Addition of wild specimens</E>. 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 § 23.46(b)(12)):</P> <P>(1) The specimens were acquired in accordance with the provisions of CITES and relevant national laws.</P> <P>(2) The specimens were acquired in a manner not detrimental to the survival of the species in the wild.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.64</SECTNO> <SUBJECT>What factors are considered in making a finding that a plant is artificially propagated?</SUBJECT> <P>(a) <E T="03">Purpose</E>. Article VII(4) and (5) of the Treaty provide exemptions that allow for special treatment of plants that were artificially propagated (see §§ 23.40 and 23.47).</P> <P>(b) <E T="03">Definition</E>s. The following terms apply when determining whether specimens qualify as “artificially propagated”:</P> <P>(1) <E T="03">Controlled conditions</E> 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.<PRTPAGE P="180"/> </P> <P>(2) <E T="03">Cultivated parental stock</E> means the ensemble of plants grown under controlled conditions that are used for reproduction.</P> <P>(c) <E T="03">Artificially propagated criteria</E>. 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:</P> <P>(1) Was established in accordance with the provisions of CITES and relevant national laws.</P> <P>(2) Was established in a manner not detrimental to the survival of the species in the wild.</P> <P>(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.</P> <P>(d) <E T="03">Cutting or division</E>. 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.</P> <P>(e) <E T="03">Grafted plant</E>. 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.</P> <P>(f) <E T="03">Timber</E>. 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.</P> <P>(g) <E T="03">Exception for certain plant specimens grown from wild-collected seeds or spores</E>. Plant specimens grown from wild-collected seeds or spores may be considered artificially propagated only when all of the following conditions have been met:</P> <P>(1) Establishment of a cultivated parental stock for the taxon presents significant difficulties because specimens take a long time to reach reproductive age.</P> <P>(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.</P> <P>(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.</P> <P>(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:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.65</SECTNO> <SUBJECT>What factors are considered in making a finding that an applicant is suitably equipped to house and care for a live specimen?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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 <PRTPAGE P="181"/>can be issued only if we are satisfied that the recipients are suitably equipped to house and care for them.</P> <P>(b) <E T="03">General principles</E>. 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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) The degree of scrutiny that we give an application is based on the biological and husbandry or horticultural needs of the species.</P> <P>(c) <E T="03">Specific factors considered for wildlife</E>. 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:</P> <P>(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.</P> <P>(2) Appropriate forms of environmental enrichment, such as nesting material, perches, climbing apparatus, ground substrate, or other species-specific materials or objects.</P> <P>(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.</P> <P>(4) Provision of water and nutritious food of a nature and in a way that are appropriate for the species.</P> <P>(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.</P> <P>(6) Readily available veterinary care or veterinary staff experienced with the species or a closely related species, including emergency care.</P> <P>(d) <E T="03">Specific factors considered for plants</E>. 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:</P> <P>(1) Sufficient space, appropriate lighting, and other environmental conditions that will ensure proper growth.</P> <P>(2) Ability to provide appropriate culture, such as water, fertilizer, and pest and disease control.</P> <P>(3) Staff with experience with the imported species or related species with similar horticultural requirements.</P> <P>(e) <E T="03">General factors considered for wildlife and plants</E>. 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:</P> <P>(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.</P> <P>(2) Appropriate security to prevent theft of specimens and measures taken to rectify any previous theft or security problem.</P> <P>(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.<PRTPAGE P="182"/> </P> <P>(4) Sufficient funding on a long-term basis to cover the cost of maintaining the facility and the specimens imported.</P> <P>(f) <E T="03">Incomplete facilities or insufficient staff</E>. For applications submitted to us before the facilities to hold the specimen are completed or the staff is identified or properly trained, we will:</P> <P>(1) Review all available information, including construction plans or intended staffing, and make a finding based on this information.</P> <P>(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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—International Trade in Certain Specimens</HD> <SECTION> <SECTNO>§ 23.68</SECTNO> <SUBJECT>How can I trade internationally in roots of American ginseng?</SUBJECT> <P>(a) <E T="03">U.S. and foreign general provisions</E>. 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 (<E T="03">Panax quinquefolius</E>), 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 § 23.36 for export permits and § 23.37 for re-export certificates.</P> <P>(b) <E T="03">Export approval of State and tribal programs</E>. 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 that the roots of wild-collected plants would be claimed as artificially propagated.</P> <P>(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:</P> <P>(i) Laws or regulations mandating licensing or registration of persons buying and selling ginseng in that State or on tribal lands.</P> <P>(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.</P> <P>(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.</P> <P>(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.<PRTPAGE P="183"/> </P> <P>(v) A requirement that State or tribal personnel will issue certificates for wild and artificially propagated ginseng. These certificates must contain at a minimum:</P> <P>(A) State of origin.</P> <P>(B) Serial number of certificate.</P> <P>(C) Dealer's State or tribal license or registration number.</P> <P>(D) Dealer's shipment number for that harvest season.</P> <P>(E) Year of harvest of ginseng being certified.</P> <P>(F) Designation as wild or artificially propagated.</P> <P>(G) Designation as dried or fresh (green) roots.</P> <P>(H) Weight of roots.</P> <P>(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.</P> <P>(J) Name and title of State or tribal certifying official.</P> <P>(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:</P> <P>(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.</P> <P>(ii) Historic, present, and potential distribution of wild ginseng on a county-by-county basis.</P> <P>(iii) Phenology of ginseng, including flowering and fruiting periods.</P> <P>(iv) Habitat evaluation.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">U.S. application process</E>. Application forms and a list of States and Tribes with approved ginseng programs can be obtained from our website or by contacting us (see § 23.7).</P> <P>(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.</P> <P>(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 Tribe that does not have an approved program, complete Form 3-200-33.</P> <P>(3) To re-export ginseng, complete Form 3-200-32.</P> <P>(4) For information on issuance criteria for CITES documents, see § 23.36 for export permits, § 23.37 for re-export certificates, and § 23.40 for certificates for artificially propagated plants.</P> <P>(d) <E T="03">Conditions for export</E>. Upon export, roots must be accompanied by a State or tribal certificate containing the information specified in paragraph (b)(1)(v) of this section.</P> </SECTION> <SECTION> <SECTNO>§ 23.69</SECTNO> <SUBJECT>How can I trade internationally in fur skins and fur skin products of bobcat, river otter, Canada lynx, gray wolf, and brown bear?</SUBJECT> <P>(a) <E T="03">U.S. and foreign general provisions</E>. For purposes of this section, CITES furbearers means bobcat (<E T="03">Lynx rufus</E>), river otter (<E T="03">Lontra canadensis</E>), and Canada lynx (<E T="03">Lynx canadensis</E>), and the Alaskan populations of gray wolf (<E T="03">Canis lupus</E>), and brown bear (<E T="03">Ursus arctos</E>). These species are included in Appendix II based on Article II(2)(b) of the Treaty (see § 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 § 23.36 for export permits and §23.37 for re-export certificates.</P> <P>(b) <E T="03">Export approval of State and tribal programs</E>. 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 <PRTPAGE P="184"/>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.</P> <P>(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:</P> <P>(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.</P> <P>(ii) Current harvest control measures, including laws regulating harvest seasons and methods.</P> <P>(iii) Total allowable harvest of the species.</P> <P>(iv) Distribution of harvest.</P> <P>(v) Indication of how frequently harvest levels are evaluated.</P> <P>(vi) Tagging or marking requirements for fur skins.</P> <P>(vii) Habitat evaluation.</P> <P>(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.</P> <P>(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.</P> <P>(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:</P> <P>(i) For each species, the number of specimens taken and the number of animals tagged, if different.</P> <P>(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.</P> <P>(iii) Information on, and a copy of, any changes in laws or regulations affecting these species.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">CITES tags</E>. 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.</P> <P>(1) The tag must be inserted through the skin and permanently locked in <PRTPAGE P="185"/>place using the locking mechanism of the tag.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) Tags are not required on fur skin products.</P> <P>(d) <E T="03">Documentation requirements</E>. The U.S. CITES export permit or an annex attached to the permit must contain all information that is given on the tag.</P> <P>(e) <E T="03">U.S. application process</E>. Application forms and a list of States and Tribes with approved furbearer programs can be obtained from our website or by contacting us (see § 23.7).</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) For information on issuance criteria for CITES documents, see § 23.36 for export permits and § 23.37 for re-export certificates.</P> <P>(f) <E T="03">Conditions for export</E>. Upon export, each fur skin, other than a fur skin product, must be clearly identified in accordance with paragraph (c) of this section.</P> </SECTION> <SECTION> <SECTNO>§ 23.70</SECTNO> <SUBJECT>How can I trade internationally in American alligator and other crocodilian skins, parts, and products?</SUBJECT> <P>(a) <E T="03">U.S. and foreign general provisions</E>. For the purposes of this section, <E T="03">crocodilian</E> 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 (<E T="03">Alligator mississippiensis</E>) specimens harvested from a State or Tribe without an approved CITES export program, see § 23.36 for export permits and §23.37 for re-export certificates.</P> <P>(b) <E T="03">Definitions</E>. Terms used in this section are defined as follows:</P> <P>(1) <E T="03">Crocodilian skins</E> 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.</P> <P>(2) <E T="03">Crocodilian parts</E> means body parts with or without skin attached (including tails, throats, feet, meat, skulls, and other parts) and small cut skin pieces.</P> <P>(c) <E T="03">Export approval of State and tribal programs for American alligator</E>. 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 <PRTPAGE P="186"/>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.</P> <P>(1) A State or Tribe seeking initial CITES export program approval must submit the following to the U.S. Management Authority:</P> <P>(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.</P> <P>(ii) Current harvest control measures, including laws regulating harvest seasons and methods.</P> <P>(iii) Total allowable harvest of the species.</P> <P>(iv) Distribution of harvest.</P> <P>(v) Indication of how frequently harvest levels are evaluated.</P> <P>(vi) Tagging or marking requirements for skins and parts.</P> <P>(vii) Habitat evaluation.</P> <P>(viii) Information on nuisance alligator management programs.</P> <P>(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.</P> <P>(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.</P> <P>(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:</P> <P>(i) The total number of skins from wild or farmed alligators that were tagged by the State or Tribe.</P> <P>(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 the decline and any steps being taken to address it.</P> <P>(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.</P> <P>(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.</P> <P>(v) Information on, and a copy of, any changes in laws or regulations affecting the American alligator.</P> <P>(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.</P> <P>(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.</P> <P>(d) <E T="03">Tagging of crocodilian skins</E>. 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.</P> <P>(1) Except as provided for a replacement tag in paragraph (d)(3)(ii) of this section, the tag must:</P> <P>(i) Be self-locking, heat resistant, and inert to chemical and mechanical processes.</P> <P>(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 <PRTPAGE P="187"/>website; see § 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 = <E T="03">Alligator mississippiensis</E>), the year of taking, and a unique serial number.</P> <P>(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.</P> <P>(2) Skins and flanks must be individually tagged, and chalecos must have a tag attached to each flank.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(e) <E T="03">Meat and skulls</E>. 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:</P> <P>(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 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.</P> <P>(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.</P> <P>(f) <E T="03">Tagging or labeling of crocodilian parts other than meat and skulls</E>. You may import, export, or re-export crocodilian parts other than meat and skulls when the following conditions are met:</P> <P>(1) Parts must be packed in transparent sealed containers.</P> <P>(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.</P> <P>(3) Tags are not required on crocodilian products.</P> <P>(4) Tags are not required on scientific specimens except as required in paragraphs (d) and (e) of this section.</P> <P>(g) <E T="03">Documentation requirements</E>. The CITES document or an annex attached to the document must contain all information that is given on the tag or label.</P> <P>(h) <E T="03">U.S. application process</E>. 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 § 23.7).</P> <P>(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.<PRTPAGE P="188"/> </P> <P>(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.</P> <P>(3) For information on issuance criteria for CITES documents, see § 23.36 for export permits and § 23.37 for re-export certificates.</P> <P>(i) <E T="03">Conditions for import, export, or re-export</E>. Upon import, export, or re-export, each crocodilian specimen must meet the applicable tagging requirements in paragraphs (d), (e), and (f) of this section.</P> </SECTION> <SECTION> <SECTNO>§ 23.71</SECTNO> <SUBJECT>How can I trade internationally in sturgeon caviar?</SUBJECT> <P>(a) <E T="03">U.S. and foreign general provisions</E>. For the purposes of this section, <E T="03">sturgeon caviar</E> 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).</P> <P>(b) <E T="03">Labeling</E>. 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.</P> <P>(1) The following definitions apply to caviar labeling:</P> <P>(i) <E T="03">Non-reusable label</E> means any label or mark that cannot be removed without being damaged or transferred to another container.</P> <P>(ii) <E T="03">Primary container</E> means any container in direct contact with the caviar.</P> <P>(iii) <E T="03">Secondary container</E> means the receptacle into which primary containers are placed.</P> <P>(iv) <E T="03">Processing plant</E> means a facility in the country of origin responsible for the first packaging of caviar into a primary container.</P> <P>(v) <E T="03">Repackaging plant</E> means a facility responsible for receiving and repackaging caviar into new primary containers.</P> <P>(vi) <E T="03">Lot identification number</E> means a number that corresponds to information related to the caviar tracking system used by the processing plant or repackaging plant.</P> <P>(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:</P> <P>(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” (codes are available on our website; see § 23.7).</P> <P>(ii) Source code.</P> <P>(iii) Two-letter ISO code of the country of origin.</P> <P>(iv) Year of harvest.</P> <P>(v) Processing plant code and lot identification number.</P> <P>(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:</P> <P>(i) The standardized species code, source code, and two-letter ISO code of the country of origin.</P> <P>(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.</P> <P>(iii) Lot identification number or CITES document number.</P> <P>(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.</P> <P>(c) <E T="03">Documentation requirements</E>. Unless the sturgeon caviar qualifies as a personal or household effect under § 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.</P> <P>(d) <E T="03">Export quotas</E>. Commercial shipments of sturgeon caviar from stocks shared between different countries may be imported only if all of the following conditions have been met:</P> <P>(1) The relevant countries have established annual export quotas for the shared stocks that were derived from catch quotas agreed among the countries. The quotas are based on an appropriate regional conservation strategy and monitoring regime and are not <PRTPAGE P="189"/>detrimental to the survival of the species in the wild.</P> <P>(2) The quotas have been communicated to the CITES Secretariat and the Secretariat has communicated the annual export quotas to CITES Parties.</P> <P>(3) The caviar is exported during the quota year (March 1 - last day of February) in which it was harvested and processed.</P> <P>(e) <E T="03">Re-exports</E>. Any re-export of sturgeon caviar must occur within 18 months from the date of issuance of the original export permit.</P> <P>(f) <E T="03">Pre-Convention</E>. Sturgeon caviar may not be imported, exported, or re-exported under a pre-Convention certificate.</P> <P>(g) <E T="03">Mixed caviar</E>. 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.</P> <P>(h) <E T="03">U.S. application forms</E>. Application forms can be obtained from our website or by contacting us (see § 23.7). For CITES document requirements, see § 23.36 for export permits and § 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.</P> <CITA>[72 FR 48448, Aug. 23, 2007, as amended at 73 FR 40986, July 17, 2008]</CITA> </SECTION> <SECTION> <SECTNO>§ 23.72</SECTNO> <SUBJECT>How can I trade internationally in plants?</SUBJECT> <P>(a) <E T="03">U.S. and foreign general provisions</E>: 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).</P> <P>(b) <E T="03">Seeds</E>. International shipments of seeds of any species listed in Appendix I, except for seeds of certain artificially propagated hybrids (see § 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.</P> <P>(c) <E T="03">A plant propagated from exempt plant material</E>. A plant grown from exempt plant material is regulated by CITES.</P> <P>(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 which the specimen ceased to qualify for the exemption.</P> <P>(2) Plants grown from exempt plant material qualify as artificially propagated provided they are grown under controlled conditions.</P> <P>(3) To export plants grown from exempt plant material under controlled conditions, complete Form 3-200-33 for a certificate for artificially propagated plants.</P> <P>(d) <E T="03"> Salvaged plants</E>.</P> <P>(1) For purposes of this section, <E T="03">salvaged plant</E> 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:</P> <P>(i) Ensured that the environmental modification program does not threaten the survival of CITES plant species, and that protection of Appendix-I species <E T="03">in situ</E> is considered a national and international obligation.</P> <P>(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.</P> <P>(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:</P> <P>(i) Such trade would clearly benefit the survival of the species in the wild or in cultivation.</P> <P>(ii) Import is for the purposes of care and propagation.</P> <P>(iii) Import is by a <E T="03">bona fide</E> botanic garden or scientific institution.</P> <P>(iv) Any salvaged Appendix-I plant will not be sold or used to establish a commercial operation for artificial propagation after import.</P> </SECTION> <SECTION> <PRTPAGE P="190"/> <SECTNO>§ 23.73</SECTNO> <SUBJECT>How can I trade internationally in timber?</SUBJECT> <P>(a) <E T="03">U.S. and foreign general provisions</E>: 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).</P> <P>(b) <E T="03">Definitions</E>. 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.</P> <P>(1) <E T="03">Logs</E> 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.</P> <P>(2) <E T="03">Sawn wood</E> means wood simply sawn lengthwise or produced by a profile-chipping process. Sawn wood normally exceeds 6 mm in thickness.</P> <P>(3) <E T="03">Veneer sheets</E> 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.</P> <P>(4) <E T="03">Plywood means</E> 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.</P> <P>(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:</P> <P>(1) <E T="03">Change in destination</E>. 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:</P> <P>(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.</P> <P>(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.</P> <P>(iii) The import takes place before the CITES document expires, and the period of validity has not been extended.</P> <P>(iv) The Management Authority of the importing country includes the following statement in block 5, or an 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.</P> <P>(v) The Management Authority sends a copy of the amended CITES document to the country of export or re-export and the Secretariat.</P> <P>(2) <E T="03">Extension of CITES document validity</E>. 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:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(v) The Management Authority sends a copy of the amended CITES document to the country of export or re-export and to the Secretariat.</P> </SECTION> <SECTION> <PRTPAGE P="191"/> <SECTNO>§ 23.74</SECTNO> <SUBJECT>How can I trade internationally in personal sport-hunted trophies?</SUBJECT> <P>(a) <E T="03">U.S. and foreign general provisions</E>. Except as provided for personal and household effects in § 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).</P> <P>(b) <E T="03">Sport-hunted trophy</E> 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.</P> <P>(c) <E T="03">Use after import</E>. You may use your sport-hunted trophy after import into the United States as provided in § 23.55.</P> <P>(d) <E T="03">Quantity and tagging</E>. The following provisions apply to the issuance and acceptance of U.S. and foreign CITES documents:</P> <P>(1) The number of trophies that one hunter may import in any calendar year for the following species is:</P> <P>(i) No more than two leopard (<E T="03">Panthera pardus</E>) trophies.</P> <P>(ii) No more than one markhor (<E T="03">Capra falconeri</E>) trophy.</P> <P>(iii) No more than one black rhinoceros (<E T="03">Diceros bicornis</E>) trophy.</P> <P>(2) Each trophy imported, exported, or re-exported must be marked or tagged in the following manner:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Disposal of Confiscated Wildlife and Plants</HD> <SECTION> <SECTNO>§ 23.78</SECTNO> <SUBJECT>What happens to confiscated wildlife and plants?</SUBJECT> <P>(a) <E T="03">Purpose</E>. Article VIII of the Treaty provides for confiscation or return to the country of export of specimens that are traded in violation of CITES.</P> <P>(b) <E T="03">Disposal options</E>. 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.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Re-export</E>. 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:</P> <P>(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.<PRTPAGE P="192"/> </P> <P>(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.</P> <P>(d) <E T="03">Consultation process</E>. 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.</P> </SECTION> <SECTION> <SECTNO>§ 23.79</SECTNO> <SUBJECT>How may I participate in the Plant Rescue Center Program?</SUBJECT> <P>(a) <E T="03">Purpose</E>. We have established the Plant Rescue Center Program to place confiscated live plants quickly to prevent physical damage to the plants.</P> <P>(b) <E T="03">Criteria</E>. Institutions interested in participating in this program must be:</P> <P>(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.</P> <P>(2) Willing to transfer confiscated plants from the port where they were confiscated to their facilities at their own expense.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Participation</E>. Institutions wishing to participate in the Plant Rescue Center Program should contact the U.S. Management Authority (see § 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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—CITES Administration</HD> <SECTION> <SECTNO>§ 23.84</SECTNO> <SUBJECT>What are the roles of the Secretariat and the committees?</SUBJECT> <P>(a) <E T="03">Secretariat</E>. The Secretariat is headed by the Secretary-General. Its functions are listed in Article XII of the Treaty and include:</P> <P>(1) Arranging and staffing meetings of the Parties.</P> <P>(2) Performing functions as requested in relation to listings in the Appendices.</P> <P>(3) Undertaking scientific and technical studies, as authorized by the CoP, to contribute to implementation of the Convention.</P> <P>(4) Studying reports of the Parties and requesting additional information as appropriate to ensure effective implementation of the Convention.</P> <P>(5) Bringing to the attention of the Parties matters relevant to the Convention.</P> <P>(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.</P> <P>(7) Preparing annual reports to the Parties on its work and on the implementation of the Convention.</P> <P>(8) Making recommendations for the implementation of the aims and provisions of the Convention, including the exchange of scientific and technical information.</P> <P>(9) Performing other functions entrusted to it by the Parties.</P> <P>(b) <E T="03">Committees</E>. 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.</P> <P>(1) The Standing Committee steers the work and performance of the Convention between CoPs.</P> <P>(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.<PRTPAGE P="193"/> </P> <P>(ii) Regional representatives are countries that are elected by their respective geographic regions at the CoP.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Regional representatives are individuals, who are elected by their respective geographic regions at the CoP.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.85</SECTNO> <SUBJECT>What is a meeting of the Conference of the Parties (CoP)?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">CoP locations and dates</E>. 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.</P> <P>(c) <E T="03">Attendance at a CoP</E>. 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.</P> <P>(1) International organizations must apply to the CITES Secretariat for approval to attend a CoP as an observer.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.86</SECTNO> <SUBJECT>How can I obtain information on a CoP?</SUBJECT> <P>As we receive information on an upcoming CoP from the CITES Secretariat, we will notify the public either through published notices in the <E T="04">Federal Register</E> or postings on our website (see § 23.7). We will provide:</P> <P>(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.</P> <P>(b) Information on times, dates, and locations of public meetings.</P> <P>(c) Information on how international and national organizations may apply to participate as observers.</P> </SECTION> <SECTION> <SECTNO>§ 23.87</SECTNO> <SUBJECT>How does the United States develop documents and negotiating positions for a CoP?</SUBJECT> <P>(a) In developing documents and negotiating positions for a CoP, we:<PRTPAGE P="194"/> </P> <P>(1) Will provide for at least one public meeting.</P> <P>(2) Consult with appropriate Federal, State, and tribal agencies; foreign governmental agencies; scientists; experts; and others.</P> <P>(3) Seek public comment through published <E T="04">Federal Register</E> notices or postings on our website that:</P> <P>(i) Solicit recommendations on potential proposals to amend the Appendices, draft resolutions, and other documents for U.S. submission to the CoP.</P> <P>(ii) Announce proposals to amend the Appendices, draft resolutions, and other documents that the United States is considering submitting to the CoP.</P> <P>(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.</P> <P>(4) Consider comments received in response to notices or postings provided in paragraph (a)(3) of this section.</P> <P>(b) We submit the following documents to the Secretariat for consideration at the CoP:</P> <P>(1) Draft resolutions and other documents at least 150 days before the CoP.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.88</SECTNO> <SUBJECT>What are the resolutions and decisions of the CoP?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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.</P> <P>(b) <E T="03">Effective date</E>. 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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Lists of Species</HD> <SECTION> <SECTNO>§ 23.89</SECTNO> <SUBJECT>What are the criteria for listing species in Appendix I or II?</SUBJECT> <P>(a) <E T="03">Purpose</E>. 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:</P> <P>(1) Consult with States, Tribes, range countries, relevant experts, other Federal agencies, and the general public.</P> <P>(2) Utilize the best available biological information.</P> <P>(3) Evaluate that information against the criteria in paragraphs (b) through (f) of this section.</P> <P>(b<E T="03">) Listing a species in Appendix I</E>. 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.</P> <P>(1) These criteria are:</P> <P>(i) The size of the wild population is small.</P> <P>(ii) Area of distribution is restricted.</P> <P>(iii) There is an observed, inferred, or projected marked decline in the population size in the wild.</P> <P>(2) Factors to be considered include, but are not limited to, population and <PRTPAGE P="195"/>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.</P> <P>(c) <E T="03">Listing a species in Appendix II due to actual or potential threats</E>. 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:</P> <P>(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.</P> <P>(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.</P> <P>(d) <E T="03">Listing a species in Appendix II due to similarity of appearance or other factors</E>. 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:</P> <P>(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.</P> <P>(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.</P> <P>(e) <E T="03">Other issues</E>. 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.</P> <P>(f) <E T="03">Precautionary measures</E>. We will evaluate any potential transfers from Appendix I to II or removal of species from the Appendices in the context of precautionary measures.</P> <P>(g) <E T="03">Proposal</E>. 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.</P> <P>(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.</P> <P>(2) The proposal must be in a prescribed format. Contact the U.S. Scientific Authority for a copy (see § 23.7).</P> </SECTION> <SECTION> <SECTNO>§ 23.90</SECTNO> <SUBJECT>What are the criteria for listing species in Appendix III?</SUBJECT> <P>(a) <E T="03">Purpose</E>. Article XVI of the Treaty sets out the procedures for amending Appendix III.</P> <P>(b) <E T="03">General procedure</E>. 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.</P> <P>(c) <E T="03">Criteria for listing</E>. For a Party to list a species in Appendix III, all of the following criteria must be met:</P> <P>(1) The species must be native to the country listing the species.</P> <P>(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.</P> <P>(3) The species is in international trade, and there are indications that the cooperation of other Parties would help to control illegal trade.</P> <P>(4) The listing Party must inform the Management Authorities of other <PRTPAGE P="196"/>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.</P> <P>(d) <E T="03">Annotation</E>. 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.</P> <P>(e) <E T="03">U.S. procedure</E>. The procedure to list a species native to the United States in Appendix III is as follows:</P> <P>(1) We will consult with and solicit comments from all States and Tribes where the species occurs and all other range countries.</P> <P>(2) We will publish a proposed rule in the <E T="04">Federal Register</E> to solicit comments from the public.</P> <P>(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 <E T="04">Federal Register</E> and notify the Secretariat of the listing.</P> <P>(f) <E T="03">Removing a species from Appendix III</E>. 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:</P> <P>(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.</P> <P>(2) Legal and illegal trade in the species, including international trade or interstate commerce, is determined not to be a concern.</P> <P>(g) <E T="03">Transferring a species from Appendix III to Appendix I or II</E>. 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 § 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.</P> </SECTION> <SECTION> <SECTNO>§ 23.91</SECTNO> <SUBJECT>How do I find out if a species is listed?</SUBJECT> <P>(a) <E T="03">CITES list</E>. 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 § 23.7).</P> <P>(b) <E T="03">Effective date</E>. Amendments to the CITES list are effective as follows:</P> <P>(1) Appendix-I and -II species listings adopted at the CoP are effective 90 days after the last day of the CoP, unless otherwise specified in the proposal.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 23.92</SECTNO> <SUBJECT>Are any wildlife or plants, and their parts, products, or derivatives, exempt?</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(1) <E T="03">Appendix-III wildlife and Appendix-II or -III plants</E>.<PRTPAGE P="197"/> </P> <P>(i) Where an annotation designates what is excluded from CITES requirements, any part, product, or derivative that is specifically excluded.</P> <P>(ii) Where an annotation designates what is covered by the Treaty, all parts, products, or derivatives that are not designated.</P> <P>(2) <E T="03">Plant hybrids</E>.</P> <P>(i) Seeds and pollen (including pollinia), cut flowers, and flasked seedlings or tissue cultures of hybrids that qualify as artificially propagated (see § 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.</P> <P>(ii) Specimens of an Appendix-II or -III plant taxon with an annotation that specifically excludes hybrids.</P> <P>(3) <E T="03">Flasked seedlings of Appendix-I orchids</E>. Flasked seedlings of an Appendix-I orchid species that qualify as artificially propagated (see § 23.64).</P> <P>(4) <E T="03">Marine specimens listed in Appendix II that are protected under another treaty, convention, or international agreement which was in force on July 1, 1975</E> as provided in § 23.39(d).</P> <P>(5) <E T="03">Coral sand and coral fragments</E> as defined in § 23.5.</P> <P>(6) <E T="03">Personal and household effects</E> as provided in § 23.15.</P> <P>(7) <E T="03">Urine, feces, and synthetically derived DNA</E> as provided in § 23.16.</P> <P>(8) <E T="03">Certain wildlife hybrids</E> as provided in § 23.43.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 24</EAR> <HD SOURCE="HED">PART 24—IMPORTATION AND EXPORTATION OF PLANTS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECHD>Sec.</SECHD> <SECTNO>24.1</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <SECTNO>24.2</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Importation and Exportation at Designated Ports</HD> <SECTNO>24.11</SECTNO> <SUBJECT>General restrictions.</SUBJECT> <SECTNO>24.12</SECTNO> <SUBJECT>Designated ports.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>Secs. 9(f)(1), 11(f), Pub. L. 93-205, 87 Stat 893, 897 (16 U.S.C. 1538(f)(1), 1540(f)).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>49 FR 42941, Oct. 25, 1984, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECTION> <SECTNO>§ 24.1</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <P>The regulations contained in this part are for the purpose of establishing ports for the importation, exportation and reexportation of plants.</P> </SECTION> <SECTION> <SECTNO>§ 24.2</SECTNO> <SUBJECT>Scope of regulations.</SUBJECT> <P>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 <E T="03">et seq.</E>), the Federal Plant Pest Act, as amended (7 U.S.C. 150aa <E T="03">et seq.</E>), and the Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 <E T="03">et seq.</E>), 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).</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Importation and Exportation at Designated Ports</HD> <SECTION> <SECTNO>§ 24.11</SECTNO> <SUBJECT>General restrictions.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 24.12</SECTNO> <SUBJECT>Designated ports.</SUBJECT> <P>(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: </P> <EXTRACT> <FP SOURCE="FP-1">Nogales, Arizona</FP> <FP SOURCE="FP-1">Los Angeles, California</FP> <FP SOURCE="FP-1">San Diego, California</FP> <FP SOURCE="FP-1">San Francisco, California</FP> <FP SOURCE="FP-1">Miami, Florida</FP> <FP SOURCE="FP-1">Orlando, Florida</FP> <FP SOURCE="FP-1">Honolulu, Hawaii</FP> <FP SOURCE="FP-1">New Orleans, Louisiana<PRTPAGE P="198"/> </FP> <FP SOURCE="FP-1">Hoboken, New Jersey (Port of New York)</FP> <FP SOURCE="FP-1">Jamaica, New York</FP> <FP SOURCE="FP-1">San Juan, Puerto Rico</FP> <FP SOURCE="FP-1">Brownsville, Texas</FP> <FP SOURCE="FP-1">El Paso, Texas</FP> <FP SOURCE="FP-1">Houston, Texas</FP> <FP SOURCE="FP-1">Seattle, Washington</FP> </EXTRACT> <P>(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.</P> <P>(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 (<E T="03">Panax quinquefolius</E>) listed in 50 CFR 23.23 and which are required to be accompanied by documentation under 50 CFR part 17 or 23.</P> <P>(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.</P> <P>(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.</P> <P>(f) The U.S. Department of Agriculture port at Wilmington, North Carolina, is a designated port for the exportation of plants of the species <E T="03">Dionaea muscipula</E> (Venus flytrap), which is listed in appendix II to CITES and which is required to be accompanied by documentation under 50 CFR part 23.</P> <P>(g) All U.S. Customs designated ports of entry on the United States-Canadian border (Customs designated ports of entry are listed in 19 CFR part 101) and the following U.S. Department of Agriculture ports are designated ports for the importation, exportation, or reexportation of plants not required to be accompanied by documentation under 50 CFR part 17 or 23: </P> <EXTRACT> <FP SOURCE="FP-1">Mobile, Alabama</FP> <FP SOURCE="FP-1">Anchorage, Alaska</FP> <FP SOURCE="FP-1">Nogales, Arizona</FP> <FP SOURCE="FP-1">Phoenix, Arizona</FP> <FP SOURCE="FP-1">San Luis, Arizona</FP> <FP SOURCE="FP-1">Tucson, Arizona</FP> <FP SOURCE="FP-1">Calexico, Arizona</FP> <FP SOURCE="FP-1">Los Angeles, California</FP> <FP SOURCE="FP-1">San Diego, California</FP> <FP SOURCE="FP-1">San Francisco, California</FP> <FP SOURCE="FP-1">San Pedro, California</FP> <FP SOURCE="FP-1">Denver, Colorado</FP> <FP SOURCE="FP-1">Wallingford, Connecticut</FP> <FP SOURCE="FP-1">Dover, Delaware (Dover AFB)</FP> <FP SOURCE="FP-1">Wilmington, Delaware</FP> <FP SOURCE="FP-1">Washington, District of Columbia</FP> <FP SOURCE="FP-1">Jacksonville, Florida</FP> <FP SOURCE="FP-1">Key West, Florida</FP> <FP SOURCE="FP-1">Miami, Florida</FP> <FP SOURCE="FP-1">Orlando, Florida</FP> <FP SOURCE="FP-1">Pensacola, Florida</FP> <FP SOURCE="FP-1">Cape Canaveral, Florida</FP> <FP SOURCE="FP-1">Port Everglades, Florida</FP> <FP SOURCE="FP-1">Tampa, Florida</FP> <FP SOURCE="FP-1">West Palm Beach, Florida</FP> <FP SOURCE="FP-1">Atlanta, Georgia</FP> <FP SOURCE="FP-1">Savannah, Georgia</FP> <FP SOURCE="FP-1">Agana, Guam</FP> <FP SOURCE="FP-1">Hilo, Hawaii</FP> <FP SOURCE="FP-1">Honolulu, Hawaii</FP> <FP SOURCE="FP-1">Wailuku, Maui, Hawaii</FP> <FP SOURCE="FP-1">Chicago, Illinois</FP> <FP SOURCE="FP-1">Baton Rouge, Louisiana</FP> <FP SOURCE="FP-1">New Orleans, Louisiana</FP> <FP SOURCE="FP-1">Bangor, Maine</FP> <FP SOURCE="FP-1">Portland, Maine</FP> <FP SOURCE="FP-1">Baltimore, Maryland</FP> <FP SOURCE="FP-1">Boston, Massachusetts</FP> <FP SOURCE="FP-1">Detroit, Michigan</FP> <FP SOURCE="FP-1">Duluth, Minnesota</FP> <FP SOURCE="FP-1">St. Paul, Minnesota</FP> <FP SOURCE="FP-1">Kansas City, Missouri</FP> <FP SOURCE="FP-1">St. Louis, Missouri<PRTPAGE P="199"/> </FP> <FP SOURCE="FP-1">Hoboken, New Jersey</FP> <FP SOURCE="FP-1">McGuire AFB, New Jersey</FP> <FP SOURCE="FP-1">Albany, New York</FP> <FP SOURCE="FP-1">Buffalo, New York</FP> <FP SOURCE="FP-1">New York, New York</FP> <FP SOURCE="FP-1">Jamaica, New York</FP> <FP SOURCE="FP-1">Rouses Point, New York</FP> <FP SOURCE="FP-1">Morehead City, North Carolina</FP> <FP SOURCE="FP-1">Wilmington, North Carolina</FP> <FP SOURCE="FP-1">Cleveland, Ohio</FP> <FP SOURCE="FP-1">Astoria, Oregon</FP> <FP SOURCE="FP-1">Coos Bay, Oregon</FP> <FP SOURCE="FP-1">Portland, Oregon</FP> <FP SOURCE="FP-1">Philadelphia, Pennsylvania</FP> <FP SOURCE="FP-1">Hato Rey, Puerto Rico</FP> <FP SOURCE="FP-1">Mayaguez, Puerto Rico</FP> <FP SOURCE="FP-1">Ponce, Puerto Rico</FP> <FP SOURCE="FP-1">Roosevelt Roads, Puerto Rico</FP> <FP SOURCE="FP-1">San Juan, Puerto Rico</FP> <FP SOURCE="FP-1">Warwick, Rhode Island</FP> <FP SOURCE="FP-1">Charleston, South Carolina</FP> <FP SOURCE="FP-1">Memphis, Tennessee</FP> <FP SOURCE="FP-1">Brownsville, Texas</FP> <FP SOURCE="FP-1">Corpus Christi, Texas</FP> <FP SOURCE="FP-1">Dallas-Ft. Worth, Texas</FP> <FP SOURCE="FP-1">Del Rio, Texas</FP> <FP SOURCE="FP-1">Eagle Pass, Texas</FP> <FP SOURCE="FP-1">El Paso, Texas</FP> <FP SOURCE="FP-1">Galveston, Texas</FP> <FP SOURCE="FP-1">Hidalgo, Texas</FP> <FP SOURCE="FP-1">Houston, Texas</FP> <FP SOURCE="FP-1">Laredo, Texas</FP> <FP SOURCE="FP-1">Port Arthur, Texas</FP> <FP SOURCE="FP-1">Presidio, Texas</FP> <FP SOURCE="FP-1">Progreso, Texas</FP> <FP SOURCE="FP-1">Roma, Texas</FP> <FP SOURCE="FP-1">San Antonio, Texas</FP> <FP SOURCE="FP-1">St. Croix, Virgin Islands of the United States</FP> <FP SOURCE="FP-1">St. Thomas, Virgin Islands of the United States</FP> <FP SOURCE="FP-1">Newport News, Virginia</FP> <FP SOURCE="FP-1">Norfolk, Virginia</FP> <FP SOURCE="FP-1">Blaine, Washington</FP> <FP SOURCE="FP-1">Tacoma, Washington (McChord AFB)</FP> <FP SOURCE="FP-1">Seattle, Washington</FP> <FP SOURCE="FP-1">Milwaukee, Wisconsin</FP> </EXTRACT> <CITA>[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]</CITA> </SECTION> </SUBPART> </PART> </SUBCHAP> <SUBCHAP TYPE="P"> <PRTPAGE P="200"/> <HD SOURCE="HED">SUBCHAPTER C—THE NATIONAL WILDLIFE REFUGE SYSTEM</HD> <PART> <EAR>Pt. 25</EAR> <HD SOURCE="HED">PART 25—ADMINISTRATIVE PROVISIONS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECHD>Sec.</SECHD> <SECTNO>25.11</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <SECTNO>25.12</SECTNO> <SUBJECT>What do these terms mean?</SUBJECT> <SECTNO>25.13</SECTNO> <SUBJECT>Other applicable laws.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Administrative Provisions</HD> <SECTNO>25.21</SECTNO> <SUBJECT>When and how do we open and close areas of the National Wildlife Refuge System to public access and use or continue a use?</SUBJECT> <SECTNO>25.22</SECTNO> <SUBJECT>Lost and found articles.</SUBJECT> <SECTNO>25.23</SECTNO> <SUBJECT>What are the general regulations and information collection requirements?</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Public Notice</HD> <SECTNO>25.31</SECTNO> <SUBJECT>General provisions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Permits</HD> <SECTNO>25.41</SECTNO> <SUBJECT>Who issues refuge permits?</SUBJECT> <SECTNO>25.42</SECTNO> <SUBJECT>Permits required to be exhibited on request.</SUBJECT> <SECTNO>25.43</SECTNO> <SUBJECT>Who may terminate or revoke a permit and why?</SUBJECT> <SECTNO>25.44</SECTNO> <SUBJECT>How do we grant permits for easement area uses?</SUBJECT> <SECTNO>25.45</SECTNO> <SUBJECT>Appeals procedure.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Fees and Charges</HD> <SECTNO>25.51</SECTNO> <SUBJECT>General provisions.</SUBJECT> <SECTNO>25.52</SECTNO> <SUBJECT>Designation.</SUBJECT> <SECTNO>25.53</SECTNO> <SUBJECT>Establishment of single visit entrance fees.</SUBJECT> <SECTNO>25.54</SECTNO> <SUBJECT>Posting and public notification.</SUBJECT> <SECTNO>25.55</SECTNO> <SUBJECT>Refuge admission permits.</SUBJECT> <SECTNO>25.56</SECTNO> <SUBJECT>Enforcement.</SUBJECT> <SECTNO>25.57</SECTNO> <SUBJECT>Exceptions and exemptions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Concessions</HD> <SECTNO>25.61</SECTNO> <SUBJECT>General provisions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Safety Regulations</HD> <SECTNO>25.71</SECTNO> <SUBJECT>Public safety.</SUBJECT> <SECTNO>25.72</SECTNO> <SUBJECT>Reporting of accidents.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i, 3901 <E T="03">et seq.</E>; and Pub. L. 102-402, 106 Stat. 1961.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>41 FR 9166, Mar. 3, 1976, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECTION> <SECTNO>§ 25.11</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <P>(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.</P> <P>(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.</P> <CITA>[41 FR 9166, Mar. 3, 1976, as amended at 51 FR 7574, Mar. 5, 1986; 62 FR 47375, Sept. 9, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 25.12</SECTNO> <SUBJECT>What do these terms mean?</SUBJECT> <P>(a) As used in the rules and regulations in this subchapter:<PRTPAGE P="201"/> </P> <P> <E T="03">Authorized official</E> means any Federal, State or local official empowered to enforce provisions of this subchapter C.</P> <P> <E T="03">Big game</E> 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.</P> <P> <E T="03">Compatibility determination</E> 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.</P> <P> <E T="03">Compatible use</E> 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.</P> <P> <E T="03">Comprehensive conservation plan</E> 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.</P> <P> <E T="03">Conservation,</E> and <E T="03">Management</E> 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.</P> <P> <E T="03">Coordination area</E> 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 <E T="03">et seq.</E>). The States manage coordination areas but they are part of the National Wildlife Refuge System. The compatibility standard does not apply to coordination areas.</P> <P> <E T="03">Director</E> means the Director, U.S. Fish and Wildlife Service or the authorized representative of such official.</P> <P> <E T="03">Easement</E> 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.</P> <P> <E T="03">Fish, Wildlife,</E> and <E T="03">Fish and wildlife</E> 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.</P> <P> <E T="03">Migratory bird</E> means and refers to those species of birds listed under § 10.13 of this chapter.</P> <P> <E T="03">National wildlife refuge,</E> and <E T="03">Refuge</E> 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.</P> <P> <E T="03">National Wildlife Refuge System,</E> and <E T="03">System</E> 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.</P> <P> <E T="03">National Wildlife Refuge System mission,</E> and <E T="03">System mission</E> mean to administer a national network of lands and <PRTPAGE P="202"/>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.</P> <P> <E T="03">Nontoxic shot</E> means steel shot or other shot approved pursuant to 50 CFR 20.134.</P> <P> <E T="03">Plant</E> means any member of the plant kingdom in a wild, unconfined state, including any plant community, seed, root, or other part of a plant.</P> <P> <E T="03">Purpose(s) of the refuge</E> 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.</P> <P> <E T="03">Refuge management activity</E> 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.</P> <P> <E T="03">Refuge management economic activity</E> 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.</P> <P> <E T="03">Regional Chief</E> 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.</P> <P> <E T="03">Refuge Manager</E> 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.</P> <P> <E T="03">Refuge use,</E> and <E T="03">Use of a refuge</E> 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.</P> <P> <E T="03">Regional Director</E> means the official in charge of a Region of the U.S. Fish and Wildlife Service or the authorized representative of such official.</P> <P> <E T="03">Secretary</E> means the Secretary of the Interior or the authorized representative of such official.</P> <P> <E T="03">Service, We,</E> and <E T="03">Us</E> mean the U.S. Fish and Wildlife Service, Department of the Interior.</P> <P> <E T="03">Sound professional judgment</E> 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.</P> <P> <E T="03">State,</E> and <E T="03">United States</E> 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.</P> <P> <E T="03">Waterfowl production area</E> 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.</P> <P> <E T="03">Wildlife-dependent recreational use,</E> and <E T="03">Wildlife-dependent recreation</E> 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.<PRTPAGE P="203"/> </P> <P> <E T="03">Wildlife management area</E> 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.</P> <P> <E T="03">You</E> means the public.</P> <P>(b) Unless otherwise stated the definitions found in 50 CFR 10.12 also apply to all of subchapter C of this title 50.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 25.13</SECTNO> <SUBJECT>Other applicable laws.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Administrative Provisions</HD> <SECTION> <SECTNO>§ 25.21</SECTNO> <SUBJECT>When and how do we open and close areas of the National Wildlife Refuge System to public access and use or continue a use?</SUBJECT> <P>(a) Except as provided below, all areas included in the National Wildlife Refuge System are closed to public access until and unless we open the area for a use or uses in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) and this subchapter C. See 50 CFR 36 for details on use and access restrictions, and the public participation and closure process established for Alaska national wildlife refuges. We may open an area by regulation, individual permit, or public notice, in accordance with § 25.31 of this subchapter.</P> <P>(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.</P> <P>(1) We will complete compatibility determinations for uses of Alaska Native Claims Settlement Act 22(g) lands in compliance with the following requirements:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(vi) Compatibility determinations for 22(g) lands that a use is compatible are <PRTPAGE P="204"/>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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(d) When we add lands to the National Wildlife Refuge System, the Refuge Manager will identify, prior to acquisition, withdrawal, transfer, reclassification, or donation of those lands, existing wildlife-dependent recreational public uses (if any) determined to be compatible that we will permit to continue on an interim basis, pending completion of the comprehensive conservation plan for the national wildlife refuge. We will make these compatibility determinations in accordance with procedures in § 26.41 of this subchapter.</P> <P>(e) In the event of a threat or emergency endangering the health and safety of the public or property or to protect the resources of the area, the Refuge Manager may close or curtail refuge uses of all or any part of an opened area to public access and use in accordance with the provisions in § 25.31, without advance notice. See 50 CFR 36.42 for procedures on closing Alaska national wildlife refuges.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[65 FR 62481, Oct. 18, 2000]</CITA> </SECTION> <SECTION> <PRTPAGE P="205"/> <SECTNO>§ 25.22</SECTNO> <SUBJECT>Lost and found articles.</SUBJECT> <P>Lost articles or money found on a national wildlife refuge are to be immediately turned in to the nearest refuge office.</P> </SECTION> <SECTION> <SECTNO>§ 25.23</SECTNO> <SUBJECT>What are the general regulations and information collection requirements?</SUBJECT> <P>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 <E T="03">et seq.</E> and assigned the following clearance numbers: Special Use Permit Applications on National Wildlife Refuges in Alaska (SUP-AK), clearance number 1018-0014; Special Use Permit Applications on National Wildlife Refuges Outside Alaska (SUP), clearance number 1018-0102. See § 36.3 of this subchapter for further information on Special Use Permit Applications on National Wildlife Refuges in Alaska. We are collecting the information to assist us in administering these programs in accordance with statutory authorities that require that recreational uses be compatible with the primary purposes for which the areas were established. We require the information requested in the application form for the applicant to obtain a benefit. We estimate the public reporting burden for the SUP application form to be 30 minutes per response. This includes time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments on the burden estimate or any other aspect of this form to the Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222 ARLSQ, Washington, DC 20240 (1018-0014 or 1018-0102).</P> <CITA>[65 FR 56400, Sept. 18, 2000]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Public Notice</HD> <SECTION> <SECTNO>§ 25.31</SECTNO> <SUBJECT>General provisions.</SUBJECT> <P>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:</P> <P>(a) Official signs posted conspicuously at appropriate intervals and locations;</P> <P>(b) Special regulations issued under the provisions of § 26.33 of this subchapter C.</P> <P>(c) Maps available in the office of the refuge manager, regional director, or area director, or</P> <P>(d) Other appropriate methods which will give the public actual or constructive notice of the permitted or curtailed public access, use, or recreational activity.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Permits</HD> <SECTION> <SECTNO>§ 25.41</SECTNO> <SUBJECT>Who issues refuge permits?</SUBJECT> <P>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.</P> <CITA>[67 FR 58942, Sept. 18, 2002]</CITA> </SECTION> <SECTION> <SECTNO>§ 25.42</SECTNO> <SUBJECT>Permits required to be exhibited on request.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 25.43</SECTNO> <SUBJECT>Who may terminate or revoke a permit and why?</SUBJECT> <P>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.</P> <CITA>[67 FR 58943, Sept. 18, 2002]</CITA> </SECTION> <SECTION> <PRTPAGE P="206"/> <SECTNO>§ 25.44</SECTNO> <SUBJECT>How do we grant permits for easement area uses?</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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:</P> <P>(1) The permitted use is compatible; and</P> <P>(2) The permitted use is consistent with the partial property interests obtained through condemnation.</P> <P>(d) Regulations pertaining to rights-of-way in easement areas are contained in 50 CFR part 29.21.</P> <CITA>[51 FR 7575, Mar. 5, 1986, as amended at 65 FR 62482, Oct. 18, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 25.45</SECTNO> <SUBJECT>Appeals procedure.</SUBJECT> <P>(a) <E T="03">Who may appeal.</E> Any person who is adversely affected by a refuge manager's decision or order relating to the person's permit granted by the Service, or application for permit, within the National Wildlife Refuge System. This section does not apply to permits or applications for rights-of-way. See § 29.22 for the hearing and appeals procedure on rights-of-way.</P> <P>(b) <E T="03">Preliminary procedure.</E> 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.</P> <P>(c) <E T="03">Appeals, how taken.</E> 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.</P> <P>(d) <E T="03">Decision of regional director.</E> 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.</P> <P>(e) <E T="03">Oral presentation.</E> 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.</P> <P>(f) <E T="03">Addresses.</E> The addresses of the appropriate officials to whom appeals may be taken shall be furnished in each decision or order.</P> <P>(g) <E T="03">Suspension pending appeal.</E> Compliance with any decision or order of a refuge manager shall not be suspended by reason of an appeal having been <PRTPAGE P="207"/>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.</P> <CITA>[42 FR 64120, Dec. 22, 1977. Redesignated at 51 FR 7575, Mar. 5, 1986]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Fees and Charges</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>52 FR 29860, Aug. 12, 1987, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 25.51</SECTNO> <SUBJECT>General provisions.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 25.52</SECTNO> <SUBJECT>Designation.</SUBJECT> <P>To be designated as an “Entrance Fee Area”, a unit of the National Wildlife Refuge System must be found to demonstrate that:</P> <P>(a) The level of visitation for recreational purposes is high enough to justify the collection of fees for admission permits for economic reasons;</P> <P>(b) There is a practical mechanism in existence for implementing and operating a system of collecting fees for admission permits; and</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 25.53</SECTNO> <SUBJECT>Establishment of single visit entrance fees.</SUBJECT> <P>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:</P> <P>(a) The direct and indirect cost to the Government.</P> <P>(b) The benefits to the permit holder.</P> <P>(c) The public policy or interest served.</P> <P>(d) The comparable fees charged by non-Federal public agencies.</P> <P>(e) The economic and administrative feasibility of fee collection.</P> </SECTION> <SECTION> <SECTNO>§ 25.54</SECTNO> <SUBJECT>Posting and public notification.</SUBJECT> <P>The public shall be notified that an entrance fee is charged through refuge publications and posted designation signs in accordance with § 25.31 of this part.</P> </SECTION> <SECTION> <SECTNO>§ 25.55</SECTNO> <SUBJECT>Refuge admission permits.</SUBJECT> <P>(a) Unless otherwise provided, persons entering an Entrance Fee Area shall obtain and be in possession of a valid admission permit.</P> <P>(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.</P> <P>(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).</P> <P>(2) Golden Eagle Passport.</P> <P>(3) Golden Age Passport.</P> <P>(4) Golden Access Passport.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 25.56</SECTNO> <SUBJECT>Enforcement.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 25.57</SECTNO> <SUBJECT>Exceptions and exemptions.</SUBJECT> <P>At Entrance Fee Areas:<PRTPAGE P="208"/> </P> <P>(a) Special admission permits for uses, such as group activities, may be issued.</P> <P>(b) No entrance fee shall be charged for persons under 16 years of age.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Concessions</HD> <SECTION> <SECTNO>§ 25.61</SECTNO> <SUBJECT>General provisions.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Safety Regulations</HD> <SECTION> <SECTNO>§ 25.71</SECTNO> <SUBJECT>Public safety.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 25.72</SECTNO> <SUBJECT>Reporting of accidents.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 26</EAR> <HD SOURCE="HED">PART 26—PUBLIC ENTRY AND USE</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECHD>Sec.</SECHD> <SECTNO>26.11</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Public Entry</HD> <SECTNO>26.21</SECTNO> <SUBJECT>General trespass provision.</SUBJECT> <SECTNO>26.22</SECTNO> <SUBJECT>General exception for entry.</SUBJECT> <SECTNO>26.23</SECTNO> <SUBJECT>Exception for entry to the headquarters office.</SUBJECT> <SECTNO>26.24</SECTNO> <SUBJECT>Exception for entry when accompanied by refuge personnel.</SUBJECT> <SECTNO>26.25</SECTNO> <SUBJECT>Exception for entry to persons with an economic use privilege.</SUBJECT> <SECTNO>26.26</SECTNO> <SUBJECT>Exception for entry for use of emergency shelter.</SUBJECT> <SECTNO>26.27</SECTNO> <SUBJECT>Exception for entry on designated routes of travel.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Public Use and Recreation</HD> <SECTNO>26.31</SECTNO> <SUBJECT>General provisions.</SUBJECT> <SECTNO>26.32</SECTNO> <SUBJECT>Recreational uses.</SUBJECT> <SECTNO>26.33</SECTNO> <SUBJECT>Special regulations.</SUBJECT> <SECTNO>26.34</SECTNO> <SUBJECT>What are the special regulations concerning public access, use, and recreation for individual national wildlife refuges?</SUBJECT> <SECTNO>26.35</SECTNO> <SUBJECT>Cabin sites.</SUBJECT> <SECTNO>26.36</SECTNO> <SUBJECT>Public assemblies and meetings.</SUBJECT> <SECTNO>26.41</SECTNO> <SUBJECT>What is the process for determining if a use of a national wildlife refuge is a compatible use?</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i; Pub. L. 96-315 (94 Stat. 958) and Pub. L. 98-146 (97 Stat. 955).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>41 FR 9167, Mar. 3, 1976, unless otherwise noted.</P> </SOURCE> <SUBPART> <PRTPAGE P="209"/> <HD SOURCE="HED">Subpart A—Introduction</HD> <SECTION> <SECTNO>§ 26.11</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <P>The regulations in this part govern the circumstances under which the public can enter and use a national wildlife refuge.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Public Entry</HD> <SECTION> <SECTNO>§ 26.21</SECTNO> <SUBJECT>General trespass provision.</SUBJECT> <P>(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.</P> <P>(b) No unconfined domestic animals, including but not limited to dogs, hogs, cats, horses, sheep and cattle, shall be permitted to enter upon any national wildlife refuge or to roam at large upon such an area, except as specifically authorized under the provisions of § 26.34, § 27.91 or § 29.2 of this subchapter C.</P> </SECTION> <SECTION> <SECTNO>§ 26.22</SECTNO> <SUBJECT>General exception for entry.</SUBJECT> <P>(a) Any person entering or using any national wildlife refuge will comply with the regulations in this subchapter C, the provisions of any special regulations and any other official notification as is appropriate under § 25.31.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 26.23</SECTNO> <SUBJECT>Exception for entry to the headquarters office.</SUBJECT> <P>The headquarters office of any national wildlife refuge is open to public access and admission during regularly established business hours.</P> </SECTION> <SECTION> <SECTNO>§ 26.24</SECTNO> <SUBJECT>Exception for entry when accompanied by refuge personnel.</SUBJECT> <P>A permit is not required for access to any part of a national wildlife refuge by a person when accompanied by refuge personnel.</P> </SECTION> <SECTION> <SECTNO>§ 26.25</SECTNO> <SUBJECT>Exception for entry to persons with an economic use privilege.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 26.26</SECTNO> <SUBJECT>Exception for entry for use of emergency shelter.</SUBJECT> <P>A permit is not required for access to any national wildlife area for temporary shelter or temporary protection in the event of emergency conditions.</P> </SECTION> <SECTION> <SECTNO>§ 26.27</SECTNO> <SUBJECT>Exception for entry on designated routes of travel.</SUBJECT> <P>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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Public Use and Recreation</HD> <SECTION> <SECTNO>§ 26.31</SECTNO> <SUBJECT>General provisions.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 26.32</SECTNO> <SUBJECT>Recreational uses.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 26.33</SECTNO> <SUBJECT>Special regulations.</SUBJECT> <P>(a) Special regulations shall be issued for public use, access, and recreation <PRTPAGE P="210"/>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.</P> <P>(b) Special recreational use regulations may contain the following items:</P> <P>(1) Recreational uses authorized.</P> <P>(2) Seasons, period, or specific time of use.</P> <P>(3) Description of areas open to recreation.</P> <P>(4) Specific conditions or requirements.</P> <P>(5) Other provisions.</P> <P>(6) Special regulations for public use, access, and recreation are published in the daily issue of the <E T="04">Federal Register</E> and may be codified in the Code of Federal Regulations. They shall be issued in compliance with procedures contained in the Departmental Manual.</P> </SECTION> <SECTION> <SECTNO>§ 26.34</SECTNO> <SUBJECT>What are the special regulations concerning public access, use, and recreation for individual national wildlife refuges?</SUBJECT> <P>The following refuge units, listed in alphabetical order by State and unit name, have refuge-specific regulations for public access, use, and recreation.</P> <HD SOURCE="HD1">Illinois</HD> <HD SOURCE="HD2">Upper Mississippi River National Wildlife and Fish Refuge</HD> <P>Refer to § 26.34 Minnesota for regulations.</P> <HD SOURCE="HD1">Iowa</HD> <HD SOURCE="HD2">Upper Mississippi River National Wildlife and Fish Refuge</HD> <P>Refer to § 26.34 Minnesota for regulations.</P> <HD SOURCE="HD1">Minnesota</HD> <HD SOURCE="HD2">Upper Mississippi River National Wildlife and Fish Refuge</HD> <P> <E T="03">(a) Wildlife Observation, Photography, Interpretation, Environmental Education, and other General Recreational Uses.</E> We allow wildlife-dependent uses and other recreational uses such as, but not limited to, sightseeing, hiking, bicycling on roads or trails, picnicking, and swimming, on areas designated by the refuge manager and shown on maps available at refuge offices, subject to the following conditions:</P> <P>(1) In areas posted and shown on maps as “No Entry—Sanctuary,” we prohibit entry as specified on signs or maps (see § 32.42 of this chapter for list of areas and locations).</P> <P>(2) In areas posted and shown on maps as “Area Closed,” “Area Closed—No Motors,” and “No Hunting Zone” (Goose Island), we ask that you practice voluntary avoidance of these areas by any means or for any purpose from October 15 to the end of the respective State duck hunting season. In areas marked “no motors,” we prohibit the use of motors on watercraft from October 15 to the end of the respective State duck hunting season (see § 32.42 of this chapter for list of areas and locations).</P> <P>(3) Commercial tours and filming require a permit issued by the refuge or district manager (see § 27.51 of this chapter).</P> <P>(4) We allow the collecting of edible fruits, nuts, mushrooms, or other plant parts for personal use (no sale or barter allowed). We limit the amount you may collect to 2 gallons by volume per person, per day (see § 27.51 of this chapter). We also allow the collecting of shed deer antlers for personal use.</P> <P>(5) We prohibit the harvest of wild rice; plant and animal specimens; and other natural objects, such as rocks, stones, or minerals. We only allow the collection of plants or their parts for ornamental use by permit issued by the refuge or district manager (see § 27.51 of this chapter).</P> <P>(6) We prohibit the cutting, removal, or damage of any tree or vegetation on the refuge without a permit from the refuge or district manager. We prohibit attaching nails, screws, or other hardware to any tree (see § 27.51 and § 32.42 of this chapter).</P> <P>(7) We prohibit all vehicle use on or across refuge lands at any time except on designated routes of travel or on the ice over navigable waters accessed from boat landings. We prohibit parking beyond vehicle control barriers or on grass or other vegetation. We prohibit parking or operating vehicles in a manner that obstructs or impedes any <PRTPAGE P="211"/>road, trail, fire lane, boat ramp, access gate, or other facility, or in a manner that creates a safety hazard or endangers any person, property, or environmental feature. We may impound any vehicle left parked in violation at the owner's expense (see § 27.31(h) of this chapter).</P> <P>(8) We allow dogs and other domestic animals on the refuge subject to the following conditions:</P> <P>(i) We prohibit dogs disturbing or endangering wildlife or people while on the refuge.</P> <P>(ii) While on the refuge, all dogs must be under the control of their owners/handlers at all times or on a leash.</P> <P>(iii) We prohibit allowing dogs to roam.</P> <P>(iv) All dogs must be on a leash when on hiking trails, or other areas so posted.</P> <P>(v) We allow working a dog in refuge waters by tossing a retrieval dummy or other object for out-and-back exercise.</P> <P>(vi) We encourage the use of dogs for hunting (see § 32.42 of this chapter), but we prohibit field trials and commercial/professional dog training.</P> <P>(vii) Owners/handlers of dogs are responsible for disposal of dog droppings in refuge public use concentration areas such as trails, sandbars, and boat landings.</P> <P>(viii) We prohibit horses and all other domestic animals on the refuge unless confined in a vehicle, boat, trailer, kennel or other container (see § 26.21 of this chapter).</P> <P>(9) We prohibit the carrying, possessing, or discharging of firearms (including dog training pistols and dummy launchers), air guns, or any other weapons on the refuge, unless you are a licensed hunter or trapper engaged in authorized activities during established seasons, in accordance with Federal, State, and local regulations. We prohibit target practice on the refuge (see §§ 27.42 and 27.43 of this chapter).</P> <P>(10) We prohibit the use or possession of glass food and beverage containers on lands within the refuge.</P> <P>(11) We require that you keep all refuge lands clean during your period of use or occupancy. At all times you must keep all refuse, trash, and litter contained in bags or other suitable containers and not left scattered on the ground or in the water. You must remove all personal property, refuse, trash, and litter immediately upon vacating a site. We require that human solid waste and associated material be either removed and properly disposed of off-refuge or be buried on site to a depth of 6-8 inches (15-20 cm) and at least 50 feet (15 m) from water's edge (see § 27.94 of this chapter).</P> <P> <E T="03">(b) Watercraft Use.</E> We allow the use of watercraft of all types and means of propulsion on all navigable waters of the refuge in accordance with State regulations subject to the following conditions:</P> <P>(1) In areas posted and shown on maps as “Electric Motor Area,” we prohibit motorized vehicles and watercraft year-round except watercraft powered by electric motors or nonmotorized means. We do not prohibit the possession of other watercraft motors in these areas, only their use. These areas are named and located as follows:</P> <P>(i) Island 42, Pool 5, Minnesota, 459 acres.</P> <P>(ii) Snyder Lake, Pool 5A, Minnesota, 182 acres.</P> <P>(iii) Mertes Slough, Pool 6, Wisconsin, 222 acres.</P> <P>(iv) Browns Marsh, Pool 7, Wisconsin, 827 acres.</P> <P>(v) Hoosier Lake, Pool 10, Wisconsin, 162 acres.</P> <P>(2) In areas posted and shown on maps as “Slow No Wake Area,” we require watercraft to travel at slow, no-wake speed from March 16 through October 31. We apply the applicable State definition of slow, no-wake operation in these areas. We also prohibit the operation of airboats or hovercraft in these areas from March 16 through October 31. These areas are named and located as follows:</P> <P>(i) Nelson-Trevino, Pool 4, Wisconsin, 2,626 acres (takes effect March 16, 2009).</P> <P>(ii) Denzers Slough, Pool 5A, Minnesota, 83 acres.</P> <P>(iii) Black River Bottoms, Pool 7, Wisconsin, 815 acres.</P> <P>(iv) Blue/Target Lake, Pool 8, Minnesota, 1,834 acres.</P> <P>(v) Root River, Pool 8, Minnesota, 695 acres.<PRTPAGE P="212"/> </P> <P>(vi) Reno Bottoms, Pool 9, Minnesota, 2,536 acres.</P> <P>(vii) Nine Mile Island, Pool 12, Iowa, 454 acres.</P> <P>(viii) Princeton, Pool 14, Iowa, 327 acres.</P> <P>(3) In water access and travel routes posted and shown on maps as “Slow No Wake Zone,” we require watercraft to travel at slow, no-wake speed at all times unless otherwise posted. We apply the respective State definition of slow, no-wake operation in these areas.</P> <P>(4) In portions of Spring Lake and Crooked Slough—Lost Mound, Pool 13, Illinois, posted as “Slow, 5 mph When Boats Present” and marked on maps as “Speed/Distance Regulation,” we require watercraft operators to reduce the speed of their watercraft to less than 5 mph (8 kph) when within 100 feet (30 m) of another watercraft that is anchored or underway at 5 mph (8 kph) or less.</P> <P>(5) We prohibit the mooring, beaching, or storing of watercraft on the refuge without being used at least once every 24 hours. We define “being used” as a watercraft moved at least 100 feet (30 m) on the water with operator on board. We prohibit the mooring of watercraft within 200 feet (60 m) of refuge boat landings or ramps. We may impound any watercraft moored in violation at the owner's expense (see § 27.32 of this chapter).</P> <P>(6) Conditions A1, A2, and A11 apply.</P> <P> <E T="03">(c) Camping.</E> We allow camping on all lands and waters of the refuge as designated by the refuge manager and shown on maps available at refuge offices subject to the following conditions:</P> <P>(1) We define camping as erecting a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle or mooring or anchoring of a vessel, for the apparent purpose of overnight occupancy, or, occupying or leaving personal property, including boats or other craft, at a site anytime between the hours of 11 p.m. and 3 a.m.</P> <P>(2) We prohibit camping at any one site for a period longer than 14 days during any 30-consecutive-day period. After 14 days, you must move all persons, property, equipment, and boats to a new site located at least 0.5 mile (0.8 km) from the previous site.</P> <P>(3) We prohibit camping within 200 feet (60 meters) of any refuge boat landing, access area, parking lot, structure, road, trail, or other recreation or management facility.</P> <P>(4) We prohibit camping during waterfowl hunting seasons within areas posted “No Entry—Sanctuary,” “Area Closed,” “Area Closed—No Motors,” and “No Hunting Zone” or on any sites not clearly visible from the main commercial navigation channel of the Mississippi River (see § 32.42 of this chapter).</P> <P>(5) You must occupy campsites daily. We prohibit the leaving of tents, camping equipment, or other property unattended at any site for over 24 hours, and we may impound any equipment left in violation at the owner's expense. We define occupy and attended as being present at a site for a minimum of 2 hours daily.</P> <P>(6) You must remove any tables, fireplaces, or other facilities erected upon vacating a camping or day-use site.</P> <P>(7) We allow campfires in conjunction with camping and day-use activities subject to the following conditions (see § 27.95 and § 32.42 of this chapter):</P> <P>(i) You may only use dead wood on the ground, or materials brought into the refuge such as charcoal or firewood. You must remove any unused firewood brought into the refuge upon departure due to the threat of invasive insects.</P> <P>(ii) We prohibit building, attending, and maintaining a campfire without sufficient clearance from flammable materials so as to prevent its escape.</P> <P>(iii) We prohibit building a fire at any developed facility including, but not limited to, boat landings, access areas, parking lots, roads, trails, or any other recreation or management facility or structure.</P> <P>(iv) We prohibit burying live fires or hot coals when vacating a campfire site.</P> <P>(v) We prohibit burning or attempting to burn any nonflammable materials or any materials that may produce toxic fumes or leave hazardous waste. These materials include, but are not limited to, metal cans, plastic containers, glass, fiberglass, treated wood <PRTPAGE P="213"/>products, wood containing nails or staples, wire, flotation materials, or other refuse.</P> <P>(8) Conditions A4 through A11 apply.</P> <HD SOURCE="HD1">Virginia</HD> <HD SOURCE="HD2">Back Bay National Wildlife Refuge</HD> <HD SOURCE="HD1">Access</HD> <P>(a) <E T="03">Access qualifications and specifications.</E> (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.</P> <P>(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:”</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(6) All vehicle occupants must provide positive identification upon the request of any refuge official.</P> <P>(b) <E T="03">Routes of travel.</E> 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.</P> <P>(c) <E T="03">Number of trips allowed.</E> Permittees and members of their immediate families residing with them are limited to a total of two round trips per day per household.</P> <P>(d) <E T="03">Hours of travel.</E> Travel along the designated route is permitted 24 hours <PRTPAGE P="214"/>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.</P> <P>(e) <E T="03">Medical emergencies.</E> 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.</P> <FP>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.</FP> <P>(f) <E T="03">Military, fire or emergency vehicles.</E> 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.</P> <P>(g) <E T="03">Public utility vehicles.</E> 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.</P> <P>(h) <E T="03">Essential commercial service vehicles.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(i) <E T="03">False Cape State Park employees.</E> False Cape State Park and Virginia Game Commission employees who are residents in the park will be considered as permanent, full-time residents as defined in § 26.34(a) with access privileges identical to those of other permittees with beach access privileges.</P> <P>(j) <E T="03">Commercial fishermen, businesses and their employees.</E> (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 <E T="03">commercial fisherman</E> means one who harvests finfish by gill net or haul seine in the Atlantic Ocean, and who has owned and operated a commercial fishing businesses continuously since 1972. Commercial permits are not transferable by sale or devise. The level of commercial permittee travel across the refuge shall not increase above the average yearly levels maintained in the 1985-1987 period.</P> <P>(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.</P> <P>(3) Each commercial fisherman or other business may be granted a maximum of five designated employees to travel the refuge beach for commercial <PRTPAGE P="215"/>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.</P> <P>(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.</P> <P>(k) <E T="03">Suspension or waiver of rules.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(4) Medical access waiver permits may be issued under the following conditions:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(iv) No additional medical access waiver permits will be issued after December 31, 1987.</P> <P>(v) Previous holders of medical access waiver permits will retain access subject to paragraph (k)(4) (ii) and (iii) of this section.</P> <P>(l) <E T="03">Violation of rules.</E> 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 <PRTPAGE P="216"/>Corner, Massachusetts 02158, in accordance with 50 CFR 25.45(c).</P> <P>(m) <E T="03">Other access rules.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <HD SOURCE="HD1">General Rules</HD> <P>(n) <E T="03">Entry on foot, bicycle or motor vehicle.</E> 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.</P> <P>(o) <E T="03">Beach-oriented uses.</E> 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> <P>(p) <E T="03">Parking.</E> 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.</P> <P>(q) <E T="03">Fires.</E> All fires are prohibited.</P> <P>(r) <E T="03">Pets.</E> Dogs and other pets, on a hand-held leash not exceeding 10 feet in length, are permitted from October 1 through March 31.</P> <P>(s) <E T="03">Other general rules.</E> (1) Pedestrians and vehicular traffic in the sand dunes are prohibited.</P> <P>(2) Use by all groups exceeding 10 individuals will require a Special Use Permit, issued by the refuge manager.</P> <P>(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.</P> <P>(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, <E T="03">et seq.,</E> 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.<PRTPAGE P="217"/> </P> <HD SOURCE="HD1">Wisconsin</HD> <HD SOURCE="HD2">Upper Mississippi River National Wildlife and Fish Refuge</HD> <P>Refer to § 26.34 Minnesota for regulations.</P> <CITA>[52 FR 35715, Sept. 23, 1987, as amended at 73 FR 22260, Apr. 24, 2008]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations to regulations affecting temporary and special regulations on national wildlife refu