[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
50
Parts 1 to 16
Revised as of October 1, 2004
Wildlife and Fisheries
________________________
Containing a codification of documents of general
applicability and future effect
As of October 1, 2004
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2004
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 50:
Chapter I--United States Fish and Wildlife Service,
Department of the Interior 3
Finding Aids:
Material Approved for Incorporation by Reference........ 101
Table of CFR Titles and Chapters........................ 103
Alphabetical List of Agencies Appearing in the CFR...... 121
List of CFR Sections Affected........................... 131
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 50 CFR 1.1 refers to
title 50, part 1, section
1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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
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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
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instances where the effective date is beyond the cut-off date for the
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those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate
volumes. For the period beginning January 1, 2001, a ``List of CFR
Sections Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
and parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of 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
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register. The NARA site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 2004.
[[Page ix]]
THIS TITLE
Title 50--Fish and Wildlife is composed of seven volumes. The parts
in these volumes are arranged in the following order: Parts 1-16; part
17 (17.1 to 17.95), part 17 (17.96 to 17.99(h)), part 17 (17.99(i) to
End and 17.100 to End), parts 18-199, parts 200-599 and part 600 to End.
The first five volumes (parts 1-16, part 17 (17.1 to 17.95), part 17
(17.96 to 17.99(h)), part 17 (part 17.99(i) to End and 17.100 to End),
and parts 18-199) contain the current regulations issued under chapter
I--United States Fish and Wildlife Service, Department of the Interior.
The sixth 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
seventh volume (part 600 to End) contains 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, 2004.
Alphabetical listings of endangered and threatened wildlife and
plants appear in part 17.
The OMB control numbers for the National Oceanic and Atmospheric
Administration appear in 15 CFR 902.1.
For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 50--WILDLIFE AND FISHERIES
(This book contains parts 1 to 16)
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Part
chapter i--United States Fish and Wildlife Service,
Department of the Interior................................ 1
Cross References: Commercial fishing on Red Lake Indian Reservation,
Bureau of Indian Affairs: 25 CFR part 242.
Disposal of certain wild animals in national parks, National Park
Service: 36 CFR part 10.
Exchanges of land for migratory bird or other wildlife refuges, Bureau
of Land Management: 43 CFR 2200.0-1--2272.1.
Fishing in coastal waters, lakes, rivers, bays, etc., Corps of
Engineers: 33 CFR part 209.
Fishing, hunting, trapping, and protection of wildlife in national
forests and wildlife refuges, Forest Service: 36 CFR part 241,
Sec. Sec. 261.8, 261.9.
Fishing, hunting, trapping, and protection of wildlife in national
parks, memorials, recreation areas, etc., National Park Service: 36 CFR
2.2 and 2.3, and parts 7, 20.
Fishing and hunting in reservoir areas, Corps of Engineers: 36 CFR
327.8.
Free entry of animals, birds and products of American fisheries under
specified conditions, Customs Service: 19 CFR 10.70--10.83.
Grazing areas for wildlife maintenance, Bureau of Land Management: 43
CFR Subpart 4110.
Making pictures, television production, or sound tracks on areas
administered by the United States Fish and Wildlife Service or the
National Park Service: 43 CFR 5.1.
[[Page 3]]
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR
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SUBCHAPTER A--GENERAL PROVISIONS
Part Page
1 Definitions................................. 5
2 Field organization.......................... 5
3 Nondiscrimination--contracts, permits, and
use of facilities....................... 6
SUBCHAPTER B--TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE,
BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS
10 General provisions.......................... 8
11 Civil procedures............................ 28
12 Seizure and forfeiture procedures........... 31
13 General permit procedures................... 40
14 Importation, exportation, and transportation
of wildlife............................. 50
15 Wild Bird Conservation Act.................. 76
16 Injurious wildlife.......................... 89
[[Page 5]]
SUBCHAPTER A_GENERAL PROVISIONS
PART 1_DEFINITIONS--Table of Contents
Sec.
1.1 Meaning of terms.
1.2 Authorized representative.
1.3 Service.
1.4 Director.
1.5 Officer in Charge.
1.6 Person.
1.7 Regional director.
1.8 Secretary.
Authority: 5 U.S.C. 301.
Source: 31 FR 16002, Dec. 15, 1966, unless otherwise noted.
Sec. 1.1 Meaning of terms.
As used in this chapter, unless separately defined, terms shall have
the meaning ascribed in this part.
Sec. 1.2 Authorized representative.
Authorized representative means the subordinate official to which a
principal official has delegated authority to act on a particular matter
or a class of matters. The Director, U.S. Fish and Wildlife Service is
frequently the authorized representative of the Secretary of the
Interior, as also may be a regional director or an officer in charge of
a Service field installation.
Sec. 1.3 Service.
Service means the United States Fish and Wildlife Service,
Department of the Interior.
Sec. 1.4 Director.
Director means the Director, U.S. Fish and Wildlife Service or the
authorized representative of such official.
[48 FR 44833, Sept. 30, 1983]
Sec. 1.5 Officer in Charge.
Officer in Charge means any person in charge of a national fish
hatchery, national wildlife refuge, research center, or other U.S. Fish
and Wildlife Service installation, or the authorized representative of
such official.
[48 FR 44833, Sept. 30, 1983]
Sec. 1.6 Person.
Person means an individual, club, association, partnership,
corporation, or private or public body, any one or all, as the context
requires.
Sec. 1.7 Regional director.
Regional director means the official in charge of a region of the
U.S. Fish and Wildlife Service or the authorized representative of such
official.
[48 FR 44833, Sept. 30, 1983]
Sec. 1.8 Secretary.
Secretary means the Secretary of the Interior or the authorized
representative of such official.
[48 FR 44833, Sept. 30, 1983]
PART 2_FIELD ORGANIZATION--Table of Contents
Sec.
2.1 Regional offices.
2.2 Locations of regional offices.
Authority: 5 U.S.C. 301.
Sec. 2.1 Regional offices.
The program operations of the U.S. Fish and Wildlife Service are
performed at various types of field installations, such as ecological
services stations, endangered species stations, fishery assistance
offices, national fish hatcheries, national wildlife refuges, research
laboratories and wildlife assistance offices. Generally, field
installations are responsible to the regional director who has
jurisdiction over Service activities in the State(s) encompassed by the
region. Unless otherwise stated for a particular matter in the
regulations, all persons may secure from the regional offices
information or make submittals or requests, as well as obtain forms and
instructions as to the scope and contents of papers or reports required
of the public.
[48 FR 44833, Sept. 30, 1983]
Sec. 2.2 Locations of regional offices.
The geographic jurisdictions and addresses of the U.S. Fish and
Wildlife regional offices are as follows:
(a) Portland Regional Office (Region 1--comprising the States of
California, Hawaii, Idaho, Nevada, Oregon, and Washington; the
Commonwealth of the
[[Page 6]]
Northern Mariana Islands; and American Samoa, Guam and other Pacific
possessions), Eastside Federal Complex, 911 N.E. 11th Avenue, Portland,
Oregon 97232.
(b) Albuquerque Regional Office (Region 2--comprising the States of
Arizona, New Mexico, Oklahoma and Texas), 500 Gold Avenue, SW, Room 9018
(P.O. Box 1306), Albuquerque, New Mexico 87103.
(c) Twin Cities Regional Office (Region 3--comprising the States of
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio and
Wisconsin), One Federal Drive, Bishop Henry Whipple Federal Building,
Fort Snelling, MN 55111.
(d) Atlanta Regional Office (Region 4--comprising the States of
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi,
North Carolina, South Carolina and Tennessee; the Commonwealth of Puerto
Rico; and the Virgin Islands and Caribbean possessions), 1875 Century
Center Boulevard, Suite 200, Atlanta, Georgia 30345.
(e) Hadley Regional Office (Region 5--comprising the States of
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and
West Virginia; and the District of Columbia), 300 Westgate Center Drive,
Hadley, Massachusetts 01035.
(f) Denver Regional Office (Region 6--comprising the States of
Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah
and Wyoming), 134 Union Boulevard (P.O. Box 25486), Denver Federal
Center, Denver, Colorado 80225.
(g) Alaska Regional Office (Region 7--comprising the State of
Alaska), 1011 E. Tudor Road, Anchorage, Alaska 99503.
[48 FR 44833, Sept. 30, 1983, as amended at 60 FR 40302, Aug. 8, 1995;
63 FR 52633, Oct. 1, 1998]
PART 3_NONDISCRIMINATION_CONTRACTS, PERMITS, AND USE OF FACILITIES
--Table of Contents
Sec.
3.1 Discrimination prohibited.
3.2 Federal financial assistance.
3.3 Discrimination by contractors and permittees prohibited.
Authority: 5 U.S.C. 301. Interpret or apply sec. 602, 78 Stat. 252;
42 U.S.C. 2000d-1; E.O. 10925, E.O. 11114.
Source: 31 FR 16002, Dec. 15, 1966, unless otherwise noted.
Sec. 3.1 Discrimination prohibited.
No person shall, on the ground of race, color, creed, or national
origin, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to any form of discrimination or segregation
under any program or activity, or in the use of any facility or
accommodation of the Service.
Sec. 3.2 Federal financial assistance.
The provisions of 43 CFR part 17, which implements title VI of the
Civil Rights Act of 1964, are applicable to any program or activity for
which Federal financial assistance is provided under any law
administered by the Service, including the programs and activities that
are federally assisted under the laws listed in Appendix A of 43 CFR
part 17.
Sec. 3.3 Discrimination by contractors and permittees prohibited.
The provisions of part III of Executive Order 10925 (3 CFR, 1959-
1963 Comp. p. 448) and the provisions of Executive Order 11114 (3 CFR,
1959-1963 Comp. p. 774), as they may be amended, and the regulations of
the President's Council on Equal Opportunity, the President's Committee
on Equal Employment Opportunity, contained in 41 CFR part 60, and the
Equal Employment Opportunity Commission are applicable to all
agreements, or modifications thereof, between the Service and any person
for supplies, services or facilities, or for the use of any Government
property, services or facilities.
(a) Any person who provides public accommodations, facilities,
services, or privileges upon any land under the control or
administration of the Service through a permit, contract, concession
contract, or other form of agreement with the Service is prohibited from
discriminating by segregation or otherwise against any person because of
race, color, creed, or national origin in the furnishing or refusing to
furnish
[[Page 7]]
such person any accommodation, facility, service, or privilege which is
offered to or enjoyed by the general public, and will agree to abide by
the prohibitions against discrimination contained in the permit,
contract, or agreement.
(b) Any person who uses, occupies, or possesses any land under the
administration or control of the Service through a permit, contract,
concession contract, or other form of agreement with the Bureau is
prohibited, in conjunction with the acts or activities authorized or
permitted by such permit, contract, or agreement, from discriminating
against any employee or applicant for employment or maintaining any
employment practice which discriminates in any manner because of race,
color, creed, or national origin, and will agree to abide by the
prohibitions against discrimination contained in the permit, contract,
or agreement.
[[Page 8]]
SUBCHAPTER B_TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER,
EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS
PART 10_GENERAL PROVISIONS--Table of Contents
Subpart A_Introduction
Sec.
10.1 Purpose of regulations.
10.2 Scope of regulations.
10.3 Other applicable laws.
10.4 When regulations apply.
Subpart B_Definitions
10.11 Scope of definitions.
10.12 Definitions.
10.13 List of Migratory Birds.
Subpart C_Addresses
10.21 Director.
10.22 Law enforcement offices.
Authority: 18 U.S.C. 42; 16 U.S.C. 703-712; 16 U.S.C. 668a-d; 19
U.S.C. 1202, 16 U.S.C. 1531-1543; 16 U.S.C. 1361-1384, 1401-1407; 16
U.S.C. 742a-742j-l; 16 U.S.C. 3371-3378.
Source: 38 FR 22015, Aug. 15, 1973, unless otherwise noted.
Subpart A_Introduction
Sec. 10.1 Purpose of regulations.
The regulations of this Subchapter B are promulgated to implement
the following statutes enforced by the U.S. Fish and Wildlife Service
which regulate the taking, possession, transportation, sale, purchase,
barter, exportation, and importation of wildlife:
Lacey Act, 18 U.S.C. 42.
Lacey Act Amendments of 1981, 16 U.S.C. 3371-3378.
Migratory Bird Treaty Act, 16 U.S.C. 703-712.
Bald and Golden Eagle Protection Act, 16 U.S.C. 668a-668d.
Endangered Species Act of 1973, 16 U.S.C. 1531-1543.
Tariff Classification Act of 1962, 19 U.S.C. 1202, [Schedule 1, Part
15D, Headnote 2(d), T.S.U.S.].
Fish and Wildlife Act of 1956, 16 U.S.C. 742a-742j-l.
Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1384, 1401-1407.
[38 FR 22015, Aug. 15, 1973, as amended at 53 FR 6649, Mar. 2, 1988]
Sec. 10.2 Scope of regulations.
The various parts of this subchapter B are interrelated, and
particular note should be taken that the parts must be construed with
reference to each other.
Sec. 10.3 Other applicable laws.
No statute or regulation of any State shall be construed to relieve
a person from the restrictions, conditions, and requirements contained
in this subchapter B. In addition, nothing in this subchapter B, nor any
permit issued under this subchapter B, shall be construed to relieve a
person from any other requirements imposed by a statute or regulation of
any State or of the United States, including any applicable health,
quarantine, agricultural, or customs laws or regulations, or other
Service enforced statutes or regulations.
Sec. 10.4 When regulations apply.
The regulations of this subchapter B shall apply to all matters
arising after the effective date of such regulations, with the following
exceptions:
(a) Civil penalty proceedings. Except as otherwise provided in Sec.
11.25, the civil penalty assessment procedures contained in this
subchapter B shall apply only to any proceeding instituted by notice of
violation dated subsequent to the effective date of these regulations,
regardless of when the act or omission which is the basis of a civil
penalty proceeding occurred.
(b) Permits. The regulations in this subchapter B shall apply to any
permit application received after the effective date of the appropriate
regulations in this subchapter B and, insofar as appropriate, to any
permit which is renewed after such effective date.
[38 FR 22015, Aug. 15, 1973, as amended at 39 FR 1159, Jan. 4, 1974]
[[Page 9]]
Subpart B_Definitions
Sec. 10.11 Scope of definitions.
In addition and subject to definitions contained in applicable
statutes and subsequent parts or sections of this subchapter B, words or
their variants shall have the meanings ascribed in this subpart.
Throughout this subchapter B words in the singular form shall include
the plural, words in the plural form shall include the singular, and
words in the masculine form shall include the feminine.
Sec. 10.12 Definitions.
Aircraft means any contrivance used for flight in the air.
Amphibians means a member of the class, Amphibia, including, but not
limited to, frogs, toads, and salamanders; including any part, product,
egg, or offspring thereof, or the dead body or parts thereof (excluding
fossils), whether or not included in a manufactured product or in a
processed food product.
Animal means an organism of the animal kingdom, as distinguished
from the plant kingdom; including any part, product, egg, or offspring
thereof, or the dead body or parts thereof (excluding fossils), whether
or not included in a manufactured product or in a processed food
product.
Birds means a member of the class, Aves; including any part,
product, egg, or offspring thereof, or the dead body or parts thereof
(excluding fossils), whether or not included in a manufactured product
or in a processed food product.
Country of exportation means the last country from which the animal
was exported before importation into the United States.
Country of origin means the country where the animal was taken from
the wild, or the country of natal origin of the animal.
Crustacean means a member of the class, Crustacea, including but not
limited to, crayfish, lobsters, shrimps, crabs, barnacles, and some
terrestrial forms; including any part, product, egg, or offspring
thereof, or the dead body or parts thereof (excluding fossils), whether
or not included in a manufactured product or in a processed food
product.
Director means the Director of the United States Fish and Wildlife
Service, Department of the Interior, or his authorized representative.
Endangered wildlife means any wildlife listed in Sec. 17.11 or
Sec. 17.12 of this subchapter.
Fish means a member of any of the following classes:
(1) Cyclostomata, including, but not limited to, hagfishes and
lampreys;
(2) Elasmobranchii, including but not limited to, sharks, skates,
and rays; and
(3) Pisces, including but not limited to trout, perch, bass,
minnows, and catfish; including any part, product, egg, or offspring
thereof, or the dead body or parts thereof (excluding fossils), whether
or not included in a manufactured product or in a processed food
product.
Fish or wildlife means any wild animal, whether alive or dead,
including without limitation any wild mammal, bird, reptile, amphibian,
fish, mollusk, crustacean, arthropod, coelenterate, or other
invertebrate, whether or not bred, hatched, or born in captivity, and
including any part, product, egg, or offspring thereof.
Foreign commerce includes, among other things, any transaction (1)
between persons within one foreign country, or (2) between persons in
two or more foreign countries, or (3) between a person within the United
States and a person in one or more foreign countries, or (4) between
persons within the United States, where the fish or wildlife in question
are moving in any country or countries outside the United States.
Fossil means the remains of an animal of past geological ages which
has been preserved in the earth's crust through mineralization of the
object.
Import means to land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into any place subject to the
jurisdiction of the United States, whether or not such landing,
bringing, or introduction constitutes an importation within the meaning
of the tariff laws of the United States.
[[Page 10]]
Injurious Wildlife means any wildlife for which a permit is required
under subpart B of part 16 of this subchapter before being imported into
or shipped between the continental United States, the District of
Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of
the United States.
Mammal means a member of the class, Mammalia; including any part,
product, egg, or offspring, or the dead body or parts thereof (excluding
fossils), whether or not included in a manufactured product or in a
processed food product.
Migratory bird means any bird, whatever its origin and whether or
not raised in captivity, which belongs to a species listed in Sec.
10.13, or which is a mutation or a hybrid of any such species, including
any part, nest, or egg of any such bird, or any product, whether or not
manufactured, which consists, or is composed in whole or part, of any
such bird or any part, nest, or egg thereof.
Migratory game birds: See Sec. 20.11 of this subchapter.
Mollusk means a member of the phylum, Mollusca, including but not
limited to, snails, mussels, clams, oysters, scallops, abalone, squid,
and octopuses; including any part, product, egg, or offspring thereof,
or the dead body or parts thereof (excluding fossils), whether or not
included in a manufactured product or in a processed food product.
Permit means any document designated as a ``permit,'' ``license,''
``certificate,'' or any other document issued by the Service to
authorize, limit, or describe activity and signed by an authorized
official of the Service.
Person means any individual, firm, corporation, association,
partnership, club, or private body, any one or all, as the context
requires.
Plant means any member of the plant kingdom, including seeds, roots
and other parts thereof.
Possession means the detention and control, or the manual or ideal
custody of anything which may be the subject of property, for one's use
and enjoyment, either as owner or as the proprietor of a qualified right
in it, and either held personally or by another who exercises it in
one's place and name. Possession includes the act or state of possessing
and that condition of facts under which one can exercise his power over
a corporeal thing at his pleasure to the exclusion of all other persons.
Possession includes constructive possession which means not actual but
assumed to exist, where one claims to hold by virtue of some title,
without having actual custody.
Public as used in referring to museums, zoological parks, and
scientific or educational institutions, refers to such as are open to
the general public and are either established, maintained, and operated
as a governmental service or are privately endowed and organized but not
operated for profit.
Reptile means a member of the class, Reptilia, including but not
limited to, turtles, snakes, lizards, crocodiles, and alligators;
including any part, product, egg, or offspring thereof, or the dead body
or parts thereof, whether or not included in a manufactured product or
in a processed food product.
Secretary means the Secretary of the Interior or his authorized
representative.
Service means the United States Fish and Wildlife Service,
Department of the Interior.
Shellfish means an aquatic invertebrate animal having a shell,
including, but not limited to, (a) an oyster, clam, or other mollusk;
and (b) a lobster or other crustacean; or any part, product, egg, or
offspring thereof, or the dead body or parts thereof (excluding
fossils), whether or not included in a manufactured product or in a
processed food product.
State means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin
Islands, and Guam.
Take means to pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture,
or collect. (With reference to marine mammals, see Part 18 of this
subchapter.)
Transportation means to ship, convey, carry or transport by any
means whatever, and deliver or receive for such shipment, conveyance,
carriage, or transportation.
United States means the several States of the United States of
America,
[[Page 11]]
the District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, and Guam.
Whoever means the same as person.
Wildlife means the same as fish or wildlife.
[38 FR 22015, Aug. 15, 1973, as amended at 42 FR 32377, June 24, 1977;
42 FR 59358, Nov. 16, 1977; 45 FR 56673, Aug. 25, 1980; 50 FR 52889,
Dec. 26, 1985]
Sec. 10.13 List of Migratory Birds.
The following is a list of all species of migratory birds protected
by the Migratory Bird Treaty Act (16 U.S.C. 703-711) and subject to the
regulations on migratory birds contained in this subchapter B of title
50 CFR. The species listed are those protected by the Convention for the
Protection of Migratory Birds, August 16, 1916, United States-Great
Britain (on behalf of Canada), 39 Stat. 1702, T.S. No. 628; the
Convention for the Protection of Migratory Birds and Game Mammals,
February 7, 1936, United States-Mexico, 50 Stat. 1311, T.S. No. 912; the
Convention for the Protection of Migratory Birds and Birds in Danger of
Extinction, and Their Environment, March 4, 1972, United States-Japan,
25 U.S.T. 3329, T.I.A.S. No. 7990; and the Convention for the
Conservation of Migratory Birds and Their Environment, United States-
U.S.S.R., November 26, 1976, 92 Stat. 3110, T.I.A.S. 9073, 16 U.S.C.
703, 712. The species are listed two ways. In the first part of the List
species are arranged alphabetically by English (common) name groups,
with the scientific name following the English (common) name. All
species of ducks are listed together under the heading ``Ducks''. In the
second part of the List, species are listed by scientific name arranged
in taxonomic order. Taxonomy and nomenclature follows the American
Ornithologists' Union's Check-list of North American Birds (6th Edition,
1983).
I. Alphabetical Listing
Accentor, Siberian, Prunella montanella
Albatross:
Black-footed, Diomedea nigripes
Laysan, Diomedea immutabilis
Short-tailed, Diomedea albatrus
Yellow-nosed, Diomedea chlororhynchos
Anhinga, Anhinga anhinga
Ani:
Groove-billed, Crotophaga sulcirostris
Smooth-billed, Crotophaga ani
Auklet:
Cassin's, Ptychoramphus aleuticus
Crested, Aethia cristatella
Least, Aethia pusilla
Parakeet, Cyclorrhynchus psittacula
Rhinoceros, Cerorhinca monocerata
Whiskered, Aethia pygmaea
Avocet, American, Recurvirostra americana
Barn-Owl, Common, Tyto alba
Beardless-Tyrannulet, Northern, Camptostoma imberbe
Becard, Rose-throated, Pachyramphus aglaiae
Bittern:
American, Botaurus lentiginosus
Chinese, Ixobrychus sinensis
Least, Ixobrychus exilis
Schrenk's, Ixobrychus eurhythmus
Black-Hawk, Common, Buteogallus anthracinus
Blackbird:
Brewer's, Euphagus cyanocephalus
Red-winged, Agelaius phoeniceus
Rusty, Euphagus carolinus
Tawny-shouldered, Agelaius humeralis
Tricolored, Agelaius tricolor
Yellow-headed, Xanthocephalus xanthocephalus
Yellow-shouldered, Agelaius xanthomus
Bluebird:
Eastern, Sialia sialis
Mountain, Sialia currucoides
Western, Sialia mexicana
Bluethroat, Luscinia svecica
Bobolink, Dolichonyx oryzivorus
Booby:
Blue-footed, Sula nebouxii
Brown, Sula leucogaster
Masked, Sula dactylatra
Red-footed, Sula sula
Brambling, Fringilla montifringilla
Brant, Branta bernicla
Bufflehead (see DUCKS)
Bullfinch:
Eurasian, Pyrrhula pyrrhula
Puerto Rican, Loxigilla portoricensis
Bunting:
Indigo, Passerina cyanea
Lark, Calamospiza melanocorys
Lazuli, Passerina amoena
McKay's, Plectrophenax hyperboreus
Painted, Passerina ciris
Reed (see Reed-Bunting)
Rustic, Emberiza rustica
Snow, Plectrophenax nivalis
Varied, Passerina versicolor
Bushtit, Psaltriparus minimus
Canvasback (see DUCKS)
Caracara, Crested, Polyborus plancus
Cardinal, Northern, Cardinalis cardinalis
Carib, Green-throated, Eulampis holosericeus
Catbird, Gray, Dumetella carolinensis
Chat, Yellow-breasted, Icteria virens
Chickadee (see Tit):
Black-capped, Parus atricapillus
Boreal, Parus hudsonicus
Carolina, Parus carolinensis
[[Page 12]]
Chestnut-backed, Parus rufescens
Mexican, Parus sclateri
Mountain, Parus gambeli
Chuck-will's-widow, Caprimulgus carolinensis
Condor, California, Gymnogyps californianus
Coot:
American, Fulica americana
Caribbean, Fulica caribaea
Eurasian, Fulica atra
Cormorant:
Brandt's, Phalacrocorax penicillatus
Double-crested, Phalacrocorax auritus
Great, Phalacrocorax carbo
Olivaceous, Phalacrocorax olivaceus
Pelagic, Phalacrocorax pelagicus
Red-faced, Phalacrocorax urile
Cowbird:
Bronzed, Molothrus aeneus
Brown-headed, Molothrus ater
Shiny, Molothrus bonariensis
Crake:
Corn, Crex crex
Yellow-breasted, Porzana flaviventer
Crane:
Common, Grus grus
Sandhill, Grus canadensis
Whooping, Grus americana
Creeper, Brown, Certhia americana
Crossbill:
Red, Loxia curvirostra
White-winged, Loxia leucoptera
Crow:
American, Corvus brachyrhynchos
Fish, Corvus ossifragus
Hawaiian, Corvus hawaiiensis
Mexican, Corvus imparatus
Northwestern, Corvus caurinus
White-necked, Corvus leucognaphalus
Cuckoo:
Black-billed, Coccyzus erythropthalmus
Common, Cuculus canorus
Hawk (see Hawk-Cuckoo)
Lizard (see Lizard-Cuckoo)
Mangrove, Coccyzus minor
Oriental, Cuculus saturatus
Yellow-billed, Coccyzus americanus
Curlew (see Whimbrel):
Bristle-thighed, Numenius tahitiensis
Eskimo, Numenius borealis
Far Eastern, Numenius madagascariensis
Least, Numenius minutus
Long-billed, Numenius americanus
Dickcissel, Spiza americana
Dipper, American, Cinclus mexicanus
Dotterel, Eurasian, Charadrius morinellus
Dove:
Ground (see Ground-Dove)
Inca, Columbina inca
Mourning, Zenaida macroura
Quail (see Quail-Dove)
White-tipped, Leptotila verreauxi
White-winged, Zenaida asiatica
Zenaida, Zenaida aurita
Dovekie, Alle alle
Dowitcher:
Long-billed, Limnodromus scolopaceus
Short-billed, Limnodromus griseus
Ducks
American Black Duck, Anas rubripes
Bufflehead, Bucephala albeola
Canvasback, Aythya valisineria
Eider:
Common, Somateria mollissima
King, Somateria spectabilis
Spectacled, Somateria fischeri
Steller's, Polysticta stelleri
Gadwall, Anas strepera
Garganey, Anas querquedula
Goldeneye:
Barrow's, Bucephala islandica
Common, Bucephala clangula
Harlequin Duck, Histrionicus histrionicus
Hawaiian Duck, Anas wyvilliana
Laysan Duck, Anas laysanensis
Mallard, Anas platyrhynchos
Masked Duck, Oxyura dominica
Merganser
Common, Mergus merganser
Hooded, Lophodytes cucullatus
Red-breasted, Mergus serrator
Mottled Duck, Anas fulvigula
Oldsquaw, Clangula hyemalis
Pintail:
Northern, Anas acuta
White-cheeked, Anas bahamensis
Pochard:
Baer's, Aythya baeri
Common, Aythya ferina
Redhead, Aythya americana
Ring-necked Duck, Aythya collaris
Ruddy Duck, Oxyura jamaicensis
Scaup:
Greater, Aythya marila
Lesser, Aythya affinis
Scoter:
Black, Melanitta nigra
Surf, Melanitta perspicillata
White-winged, Melanitta fusca
Shoveler, Northern, Anas clypeata
Smew, Mergellus albellus
Teal:
Baikal, Anas formosa
Blue-winged, Anas discors
Cinnamon, Anas cyanoptera
Falcated, Anas falcata
Green-winged, Anas crecca
Tufted Duck, Aythya fuligula
Whistling-Duck:
Black-bellied, Dendrocygna autumnalis
Fulvous, Dendrocygna bicolor
West Indian, Dendrocygna arborea
Wigeon:
American, Anas americana
Eurasian, Anas penelope
Wood Duck, Aix sponsa
End of Ducks
Dunlin, Calidris alpina
Eagle:
Bald, Haliaeetus leucocephalus
Golden, Aquila chrysaetos
Sea (see Sea-Eagle)
White-tailed, Haliaeetus albicilla
[[Page 13]]
Egret:
Cattle, Bubulcus ibis
Chinese, Egretta eulophotes
Great, Casmerodius albus
Plumed, Egretta intermedia
Reddish, Egretta rufescens
Snowy, Egretta thula
Eider (see DUCKS)
Elaenia, Caribbean, Elaenia martinica
Emerald, Puerto Rican, Chlorostilbon maugaeus
Euphonia, Antillean, Euphonia musica
Falcon:
Aplomado, Falco femoralis
Peregrine, Falco peregrinus
Prairie, Falco mexicanus
Fieldfare, Turdus pilaris
Finch:
Cassin's, Carpodacus cassinii
House, Carpodacus mexicanus
Purple, Carpodacus purpureus
Rosy, Leucosticte arctoa
Flamingo, Greater, Phoenicopterus ruber
Flicker, Northern, Colaptes auratus
Flycatcher:
Acadian, Empidonax virescens
Alder, Empidonax alnorum
Ash-throated, Myiarchus cinerascens
Brown-crested, Myiarchus tyrannulus
Buff-breasted, Empidonax fulvifrons
Dusky, Empidonax oberholseri
Dusky-capped, Myiarchus tuberculifer
Fork-tailed, Tyrannus savana
Gray, Empidonax wrightii
Gray-spotted, Muscicapa griseisticta
Great Crested, Myiarchus crinitus
Hammond's, Empidonax hammondii
Least, Empidonax minimus
Narcissus, Muscicapa narcissina
Nutting's, Myiarchus nuttingi
Olive-sided, Contopus borealis
Puerto Rican, Myiarchus antillarum
Scissor-tailed, Tyrannus forficatus
Sulphur-bellied, Myiodynastes luteiventris
Vermilion, Pyrocephalus rubinus
Western, Empidonax difficilis
Willow, Empidonax traillii
Yellow-bellied, Empidonax flaviventris
Frigatebird:
Great, Fregata minor
Magnificent, Fregata magnificens
Lesser, Fregata ariel
Fulmar, Northern, Fulmarus glacialis
Gadwall (see DUCKS)
Gallinule, Purple, Porphyrula martinica
Gannet, Northern, Sula bassanus
Garganey (see DUCKS)
Gnatcatcher:
Black-capped, Polioptila nigriceps
Black-tailed, Polioptila melanura
Blue-gray, Polioptila caerulea
Godwit:
Bar-tailed, Limosa lapponica
Black-tailed, Limosa limosa
Hudsonian, Limosa haemastica
Marbled, Limosa fedoa
Golden-Plover, Lesser, Pluvialis dominica
Goldeneye (see DUCKS)
Goldfinch:
American, Carduelis tristis
Lawrence's, Carduelis lawrencei
Lesser, Carduelis psaltria
Goose:
Barnacle, Branta leucopsis
Bean, Anser fabalis
Canada, Branta canadensis
Emperor, Chen canagica
Greater White-fronted, Anser albifrons
Hawaiian, Nesochen sandvicensis
Ross', Chen rossii
Snow, Chen caerulescens
Goshawk, Northern, Accipiter gentilis
Grackle:
Boat-tailed, Quiscalus major
Common, Quiscalus quiscula
Great-tailed, Quiscalus mexicanus
Greater Antillean, Quiscalus niger
Grasshopper-Warbler, Middendorff's, Locustella ochotensis
Grassquit:
Black-faced, Tiaris bicolor
Yellow-faced, Tiaris olivacea
Grebe:
Eared, Podiceps nigricollis
Horned, Podiceps auritus
Least, Tachybaptus dominicus
Pied-billed, Podilymbus podiceps
Red-necked, Podiceps grisegena
Western, Aechmophorus occidentalis
Greenfinch, Oriental, Carduelis sinica
Greenshank, Common, Tringa nebularia
Grosbeak:
Black-headed, Pheucticus melanocephalus
Blue, Guiraca caerulea
Crimson-collared, Rhodothraupis celaeno
Evening, Coccothraustes vespertinus
Pine, Pinicola enucleator
Rose-breasted, Pheucticus ludovicianus
Yellow, Pheucticus chrysopeplus
Ground-Dove:
Common, Columbina passerina
Ruddy, Columbina talpacoti
Guillemot:
Black, Cepphus grylle
Pigeon, Cepphus columba
Gull:
Bonaparte's, Larus philadelphia
California, Larus californicus
Common Black-headed, Larus ridibundus
Franklin's, Larus pipixcan
Glaucous, Larus hyperboreus
Glaucous-winged, Larus glaucescens
Great Black-backed, Larus marinus
Heermann's, Larus heermanni
Herring, Larus argentatus
Iceland, Larus glaucoides
Ivory, Pagophila eburnea
Laughing, Larus atricilla
Lesser Black-backed, Larus fuscus
Little, Larus minutus
Mew, Larus canus
Ring-billed, Larus delawarensis
Ross', Rhodostethia rosea
Sabine's, Xema sabini
[[Page 14]]
Slaty-backed, Larus schistisagus
Thayer's, Larus thayeri
Western, Larus occidentalis
Yellow-footed, Larus livens
Gyrfalcon, Falco rusticolus
Harrier, Northern, Circus cyaneus
Hawfinch, Coccothraustes coccothraustes
Hawk:
Asiatic Sparrow, Accipiter gularis
Black (see Black-Hawk)
Broad-winged, Buteo platypterus
Cooper's, Accipiter cooperii
Ferruginous, Buteo regalis
Gray, Buteo nitidus
Harris', Parabuteo unicinctus
Hawaiian, Buteo solitarius
Red-shouldered, Buteo lineatus
Red-tailed, Buteo jamaicensis
Rough-legged, Buteo lagopus
Sharp-shinned, Accipiter striatus
Short-tailed, Buteo brachyurus
Swainson's, Buteo swainsoni
White-tailed, Buteo albicaudatus
Zone-tailed, Buteo albonotatus
Hawk-Cuckoo, Hodgson's, Cuculus fugax
Hawk-Owl, Northern, Surnia ulula
Heron:
Great Blue, Ardea herodias
Green-backed, Butorides striatus
Little Blue, Egretta caerulea
Night (see Night-Heron)
Pacific Reef, Egretta sacra
Tricolored, Egretta tricolor
Hoopoe, Upupa epops
House-Martin, Common, Delichon urbica
Hummingbird (see Carib, Emerald, Mango, Starthroat, Woodstar, Violet-
ear):
Allen's, Selasphorus sasin
Anna's, Calypte anna
Antillean Crested, Orthorhynchus cristatus
Berylline, Amazilia beryllina
Black-chinned, Archilochus alexandri
Blue-throated, Lampornis clemenciae
Broad-billed, Cynanthus latirostris
Broad-tailed, Selasphorus platycercus
Buff-bellied, Amazilia yucatanensis
Calliope, Stellula calliope
Costa's, Calypte costae
Lucifer, Calothorax lucifer
Magnificent, Eugenes fulgens
Ruby-throated, Archilochus colubris
Rufous, Selasphorus rufus
Violet-crowned, Amazilia violiceps
White-eared, Hylocharis leucotis
Ibis:
Glossy, Plegadis falcinellus
Scarlet, Eudocimus ruber
White, Eudocimus albus
White-faced, Plegadis chihi
Jabiru, Jabiru mycteria
Jacana, Northern, Jacana spinosa
Jaeger:
Long-tailed, Stercorarius longicaudus
Parasitic, Stercorarius parasiticus
Pomarine, Stercorarius pomarinus
Jay:
Blue, Cyanocitta cristata
Brown, Cyanocorax morio
Gray, Perisoreus canadensis
Gray-breasted, Aphelocoma ultramarina
Green, Cyanocorax yncas
Pinyon, Gymnorhinus cyanocephalus
Scrub, Aphelocoma coerulescens
Steller's, Cyanocitta stelleri
Junco:
Dark-eyed, Junco hyemalis
Yellow-eyed, Junco phaeonotus
Kestrel:
American, Falco sparverius
Eurasian, Falco tinnunculus
Killdeer, Charadrius vociferus
Kingbird:
Cassin's, Tyrannus vociferans
Couch's, Tyrannus couchii
Eastern, Tyrannus tyrannus
Gray, Tyrannus dominicensis
Loggerhead, Tyrannus caudifasciatus
Thick-billed, Tyrannus crassirostris
Tropical, Tyrannus melancholicus
Western, Tyrannus verticalis
Kingfisher:
Belted, Ceryle alcyon
Green, Chloroceryle americana
Ringed, Cyeryle torquata
Kinglet:
Golden-crowned, Regulus satrapa
Ruby-crowned, Regulus calendula
Kiskadee, Great, Pitangus sulphuratus
Kite:
American Swallow-tailed, Elanoides forficatus
Black, Milvus migrans
Black-shouldered, Elanus caeruleus
Hook-billed, Chondrohierax uncinatus
Mississippi, Ictinia mississippiensis
Snail, Rostrhamus sociabilis
Kittiwake:
Black-legged, Larus tridactyla
Red-legged, Larus brevirostris
Knot:
Great, Calidris tenuirostris
Red, Calidris canutus
Lapwing, Northern, Vanellus vanellus
Lark, Horned, Eremophila alpestris
Limpkin, Aramus guarauna
Lizard-Cuckoo, Puerto Rican, Saurothera vieilloti
Longspur:
Chestnut-collared, Calcarius ornatus
Lapland, Calcarius lapponicus
McCown's, Calcarius mccownii
Smith's, Calcarius pictus
Loon:
Arctic, Gavia arctica
Common, Gavia immer
Red-throated, Gavia stellata
Yellow-billed, Gavia adamsii
Magpie:
Black-billed, Pica pica
Yellow-billed, Pica nuttalli
Mallard (see DUCKS)
Mango:
Antillean, Anthracothorax dominicus
Green, Anthracothorax viridis
[[Page 15]]
Martin:
Caribbean, Progne dominicensis
Cuban, Progne cryptoleuca
Gray-breasted, Progne chalybea
House (see House-Martin)
Purple, Progne subis
Meadowlark:
Eastern, Sturnella magna
Western, Sturnella neglecta
Merganser (see DUCKS)
Merlin, Falco columbarius
Mockingbird, Northern, Mimus polyglottos
Moorhen, Common, Gallinula chloropus
Murre:
Common, Uria aalge
Thick-billed, Uria lomvia
Murrelet:
Ancient, Synthliboramphus antiquus
Craveri's, Synthliboramphus craveri
Kittlitz's, Brachyramphus brevirostris
Marbled, Brachyramphus marmoratus
Xantus', Synthliboramphus hypoleucus
Needletail, White-throated, Hirundapus caudacutus
Night-Heron:
Black-crowned, Nycticorax nycticorax
Japanese, Nycticorax goisagi
Malay, Nycticorax melanolophus
Yellow-crowned, Nycticorax violaceus
Nighthawk:
Antillean, Chordeiles gundlachii
Common, Chordeiles minor
Lesser, Chordeiles acutipennis
Nightjar:
Buff-collared, Caprimulgus ridgwayi
Jungle, Caprimulgus indicus
Puerto Rican, Caprimulgus noctitherus
Noddy:
Black, Anous minutus
Blue-gray, Procelsterna cerulea
Brown, Anous stolidus
Lesser, Anous tenuirostris
Nutcracker, Clark's, Nucifraga columbiana
Nuthatch:
Brown-headed, Sitta pusilla
Pygmy, Sitta pygmaea
Red-breasted, Sitta canadensis
White-breasted, Sitta carolinensis
Oldsquaw (see DUCKS)
Oriole:
Altamira, Icterus gularis
Audubon's, Icterus graduacauda
Black-cowled, Icterus dominicensis
Black-vented, Icterus wagleri
Hooded, Icterus cucullatus
Northern, Icterus galbula
Orchard, Icterus spurius
Scott's, Icterus parisorum
Streak-backed, Icterus pustulatus
Osprey, Pandion haliaetus
Ovenbird, Seiurus aurocapillus
Owl:
Barn (see Barn-Owl)
Barred, Strix varia
Boreal, Aegolius funereus
Burrowing, Athene cunicularia
Elf, Micrathene whitneyi
Flammulated, Otus flammeolus
Great Gray, Strix nebulosa
Great Horned, Bubo virginianus
Hawk (see Hawk-Owl)
Long-eared, Asio otus
Pygmy (see Pygmy-Owl)
Saw-whet (see Saw-Whet Owl)
Screech (see Screech-Owl)
Short-eared, Asio flammeus
Snowy, Nyctea scandiaca
Spotted, Strix occidentalis
Oystercatcher:
American, Haematopus palliatus
Black, Haematopus bachmani
Parula:
Northern, Parula americana
Tropical, Parula pitiayumi
Pauraque, Common, Nyctidromus albicollis
Pelican:
American White, Pelecanus erythrorhynchos
Brown, Pelecanus occidentalis
Petrel:
Black-capped, Pterodroma hasitata
Bonin, Pterodroma hypoleuca
Bulwer's, Bulweria bulwerii
Cook's, Pterodroma cookii
Dark-rumped, Pterodroma phaeopygia
Herald, Pterodroma arminjoniana
Kermadec, Pterodroma neglecta
Mottled, Pterodroma inexpectata
Murphy's, Pterodroma ultima
Storm (see Storm-Petrel)
White-necked, Pterodroma externa
Pewee:
Greater, Contopus pertinax
Lesser Antillean, Contopus latirostris
Wood (see Wood-Pewee)
Phainopepla, Phainopepla nitens
Phalarope:
Red, Phalaropus fulicaria
Red-necked, Phalaropus lobatus
Wilson's, Phalaropus tricolor
Phoebe:
Black, Sayornis nigricans
Eastern, Sayornis phoebe
Say's, Sayornis saya
Pigeon:
Band-tailed, Columba fasciata
Plain, Columba inornata
Red-billed, Columba flavirostris
Scaly-naped, Columba squamosa
White-crowned, Columba leucocephala
Pintail (see DUCKS)
Pipit:
Pechora, Anthus gustavi
Red-throated, Anthus cervinus
Sprague's, Anthus spragueii
Tree (see Tree-Pipit)
Water, Anthus spinoletta
Plover:
Black-bellied, Pluvialis squatarola
Common Ringed, Charadrius hiaticula
Golden (see Golden-Plover)
Great Sand, Charadrius leschenaultii
Little Ringed, Charadrius dubius
Mongolian, Charadrius mongolus
Mountain, Charadrius montanus
[[Page 16]]
Piping, Charadrius melodus
Semipalmated, Charadrius semipalmatus
Snowy, Charadrius alexandrinus
Wilson's, Charadrius wilsonia
Pochard (see DUCKS)
Poorwill, Common, Phalaenoptilus nuttallii
Puffin:
Atlantic, Fratercula arctica
Horned, Fratercula corniculata
Tufted, Fratercula cirrhata
Pygmy-Owl:
Ferruginous, Glaucidium brasilianum
Northern, Glaucidium gnoma
Pyrrhuloxia, Cardinalis sinuatus
Quail-Dove:
Bridled, Geotrygon mystacea
Key West, Geotrygon chrysia
Ruddy, Geotrygon montana
Rail:
Black, Laterallus jamaicensis
Clapper, Rallus longirostris
King, Rallus elegans
Sora (see Sora)
Virginia, Rallus limicola
Yellow, Coturnicops noveboracensis
Raven:
Chihuahuan, Corvus cryptoleucus
Common, Corvus corax
Razorbill, Alca torda
Redhead (see DUCKS)
Redpoll:
Common, Carduelis flammea
Hoary, Carduelis hornemanni
Redshank, Spotted, Tringa erythropus
Redstart:
American, Setophaga ruticilla
Painted, Myioborus pictus
Slaty-throated, Myioborus miniatus
Reed-Bunting:
Common, Emberiza schoeniculus
Pallas', Emberiza pallasi
Roadrunner, Greater, Geococcyx californianus
Robin:
American, Turdus migratorius
Clay-colored, Turdus grayi
Rufous-backed, Turdus rufopalliatus
Rosefinch, Common, Carpodacus erythrinus
Rough-winged Swallow, Northern, Stelgidopteryx serripennis
Rubythroat, Siberian, Luscinia calliope
Ruff, Philomachus pugnax
Sanderling, Calidris alba
Sandpiper:
Baird's, Calidris bairdii
Broad-billed, Limicola falcinellus
Buff-breasted, Tryngites subruficollis
Common, Actitis hypoleucos
Curlew, Calidris ferruginea
Least, Calidris minutilla
Marsh, Tringa stagnatilis
Pectoral, Calidris melanotos
Purple, Calidris maritima
Rock, Calidris ptilocnemis
Semipalmated, Calidris pusilla
Sharp-tailed, Calidris acuminata
Solitary, Tringa solitaria
Spoonbill, Eurynorhynchus pygmeus
Spotted, Actitis macularia
Stilt, Calidris himantopus
Terek, Xenus cinereus
Upland, Bartramia longicauda
Western, Calidris mauri
White-rumped, Calidris fuscicollis
Wood, Tringa glareola
Sapsucker:
Red-breasted, Sphyrapicus ruber
Williamson's, Sphyrapicus thyroideus
Yellow-bellied, Sphyrapicus varius
Saw-whet Owl, Northern, Aegolius acadicus
Scaup (see DUCKS)
Scoter (see DUCKS)
Screech-Owl:
Eastern, Otus asio
Puerto Rican, Otus nudipes
Western, Otus kennicottii
Whiskered, Otus trichopsis
Sea-Eagle, Steller's, Haliaeetus pelagicus
Seedeater, White-collared, Sporophila torqueola
Shearwater:
Audubon's, Puffinus lherminieri
Black-vented, Puffinus opisthomelas
Buller's, Puffinus bulleri
Christmas, Puffinus nativitatus
Cory's, Calonectris diomedea
Flesh-footed, Puffinus carneipes
Greater, Puffinus gravis
Little, Puffinus assimilis
Manx, Puffinus puffinus
Pink-footed, Puffinus creatopus
Short-tailed, Puffinus tenuirostris
Sooty, Puffinus griseus
Townsend's, Puffinus auricularis
Wedge-tailed, Puffinus pacificus
Shoveler (see DUCKS)
Shrike:
Loggerhead, Lanius ludovicianus
Northern, Lanius excubitor
Siskin, Pine, Carduelis pinus
Skimmer, Black, Rhynchops niger
Skua:
Great, Catharacta skua
South Polar, Catharacta maccormicki
Skylark, Eurasian, Alauda arvensis
Smew (see DUCKS)
Snipe:
Common, Gallinago gallinago
Jack, Lymnocryptes minimus
Pin-tailed, Gallinago stenura
Swinhoe's, Gallinago megala
Solitaire, Townsend's, Myadestes townsendi
Sora, Porzana carolina
Sparrow:
American Tree, Spizella arborea
Bachman's, Aimophila aestivalis
Baird's, Ammodramus bairdii
Black-chinned, Spizella atrogularis
Black-throated, Amphispiza bilineata
Botteri's, Aimophila botterii
Brewer's, Spizella breweri
Cassin's, Aimophila cassinii
Chipping, Spizella passerina
Clay-colored, Spizella pallida
Field, Spizella pusilla
[[Page 17]]
Five-striped, Amphispiza quinquestriata
Fox, Passerella iliaca
Golden-crowned, Zonotrichia atricapilla
Grasshopper, Ammodramus savannarum
Harris', Zonotrichia querula
Henslow's, Ammodramus henslowii
Lark, Chondestes grammacus
Le Conte's, Ammodramus leconteii
Lincoln's, Melospiza lincolnii
Olive, Arremenops rufivirgatus
Rufous-crowned, Aimophila ruificeps
Rufous-winged, Aimophila carpalis
Sage, Amphispiza belli
Savannah, Passerculus sandwichensis
Seaside, Ammodramus maritimus
Sharp-tailed, Ammodramus caudacutus
Song, Melospiza melodia
Swamp, Melospiza georgiana
Vesper, Pooecetes gramineus
White-crowned, Zonotrichia leucophrys
White-throated, Zonotrichia albicollis
Worthen's, Spizella wortheni
Spoonbill, Roseate, Ajaia ajaja
Starling:
Ashy, Sturnus cineraceus
Violet-backed, Sturnus philippensis
Starthroat, Plain-capped Heliomaster constantii,
Stilt, Black-necked, Himantopus mexicanus
Stint:
Little, Calidris minuta
Long-toed, Calidris subminuta
Rufous-necked, Calidris ruficollis
Temminck's, Calidris temminckii
Stork, Wood, Mycteria americana
Storm-Petrel:
Ashy, Oceanodroma homochroa
Band-rumped, Oceanodroma castro
Black, Oceanodroma melania
Fork-tailed, Oceanodroma furcata
Leach's, Oceanodroma leucorhoa
Least, Oceanodroma microsoma
Sooty, Oceanodroma tristrami
Wedge-rumped, Oceanodroma tethys
White-faced, Pelagadroma marina
Wilson's, Oceanites oceanicus
Surfbird, Aphriza virgata
Swallow:
Bahama, Tachycineta cyaneoviridis
Bank, Riparia riparia
Barn, Hirundo rustica
Cave, Hirundo fulva
Cliff, Hirundo pyrrhonota
Rough-winged (see Rough-winged Swallow)
Tree, Tachycineta bicolor
Violet-green, Tachycineta thalassina
Swan:
Trumpeter, Cygnus buccinator
Tundra, Cygnus columbianus
Whooper, Cygnus cygnus
Swift:
Antillean Palm, Tachornis pheonicobia
Black, Cypseloides niger
Chimney, Chaetura pelagica
Common, Apus apus
Fork-tailed, Apus pacificus
Needle-tailed (see Needletail)
Vaux's, Chaetura vauxi
White-collared, Streptoprocne zonaris
White-throated, Aeronautes saxatalis
Tanager:
Hepatic, Piranga flava
Puerto Rican, Neospingus speculiferus
Scarlet, Piranga olivacea
Stripe-headed, Spindalis zena
Summer, Piranga rubra
Western, Piranga ludoviciana
Tattler:
Gray-tailed, Heteroscelus brevipes
Wandering, Heteroscelus incanus
Teal (see DUCKS)
Tern:
Aleutian, Sterna aleutica
Arctic, Sterna paradisaea
Black, Chlidonias niger
Black-naped, Sterna sumatrana
Bridled, Sterna anaethetus
Caspian, Sterna caspia
Common, Sterna hirundo
Elegant, Sterna elegans
Forster's, Sterna forsteri
Gray-backed, Sterna lunata
Gull-billed, Sterna nilotica
Least, Sterna antillarum
Little, Sterna albifrons
Roseate, Sterna dougallii
Royal, Sterna maxima
Sandwich, Sterna sandvicensis
Sooty, Sterna fuscata
White, Gygis alba
White-winged, Chlidonias leucopterus
Thrasher:
Bendire's, Toxostoma bendirei
Brown, Toxostoma rufum
California, Toxostoma redivivum
Crissal, Toxostoma crissale
Curve-billed, Toxostoma curvirostre
Le Conte's, Toxostoma lecontei
Long-billed, Toxostoma longirostre
Pearly-eyed, Margarops fuscatus
Sage, Oreoscoptes montanus
Thrush:
Aztec, Ridgwayia pinicola
Blue Rock, Monticola solitarius
Dusky, Turdus naumanni
Eye-browed, Turdus obscurus
Gray-cheeked, Catharus minimus
Hawaiian, Phaeornis obscurus
Hermit, Catharus guttatus
Red-legged, Turdus plumbeus
Small Kauai, Phaeornis palmeri
Swainson's, Catharus ustulatus
Varied, Ixoreus naevius
Wood, Hylocichla minima
Tit, Siberian, Parus cinctus
Titmouse:
Bridled, Parus wollweberi
Plain, Parus inornatus
Tufted, Parus bicolor
Towhee:
Abert's, Pipilo aberti
Brown, Pipilo fuscus
Green-tailed, Pipilo chlorurus
Rufous-sided, Pipilo erythrophthalmus
[[Page 18]]
Tree-Pipit, Olive, Anthus hodgsoni
Trogon:
Eared, Euptilotus neoxenus
Elegant, Trogon elegans
Tropicbird:
Red-billed, Phaethon aethereus
Red-tailed, Phaethon rubricauda
White-tailed, Phaethon lepturus
Turnstone:
Black, Arenaria melanocephala
Ruddy, Arenaria interpres
Veery, Catharus fuscescens
Verdin, Auriparus flaviceps
Violet-Ear, Green, Colibri thalassinus
Vireo:
Bell's Vireo bellii
Black-capped, Vireo atricapillus
Black-whiskered, Vireo altiloquus
Gray, Vireo vicinior
Hutton's, Vireo huttoni
Philadelphia, Vireo philadelphicus
Puerto Rican, Vireo latimeri
Red-eyed, Vireo olivaceus
Solitary, Vireo solitarius
Warbling, Vireo gilvus
White-eyed, Vireo griseus
Yellow-throated, Vireo flavifrons
Vulture:
Black, Coragyps atratus
Turkey, Cathartes aura
Wagtail:
Black-backed, Motacilla lugens
Gray, Motacilla cinerea
White, Motacilla alba
Yellow, Motacilla flava
Warbler:
Adelaide's, Dendroica adelaidae
Arctic, Phylloscopus borealis
Bachman's Vermivora bachmanii
Bay-breasted, Dendroica castanea
Black-and-white, Mniotilta varia
Black-throated Blue, Dendroica caerulescens
Black-throated Gray, Dendroica nigrescens
Black-throated Green, Dendroica virens
Blackburnian, Dendroica fusca
Blackpoll, Dendroica striata
Blue-winged, Vermivora pinus
Canada, Wilsonia canadensis
Cape May, Dendroica tigrina
Cerulean, Dendroica cerulea
Chestnut-sided, Dendroica pensylvanica
Colima, Vermivora crissalis
Connecticut, Oporornis agilis
Elfin Woods, Dendroica angelae
Golden-cheeked, Dendroica chrysoparia
Golden-crowned, Basileuterus culicivorus
Golden-winged, Vermivora chrysoptera
Grace's, Dendroica graciae
Grasshopper (see Grasshopper-Warbler)
Hermit, Dendroica occidentalis
Hooded, Wilsonia citrina
Kentucky, Oporornis formosus
Kirtland's, Dendroica kirtlandii
Lucy's, Vermivora luciae
MacGillivray's, Oporornis tolmiei
Magnolia, Dendroica magnolia
Mourning, Oporornis philadelphia
Nashville, Vermivora ruficapilla
Olive, Peucedramus taeniatus
Orange-crowned, Vermivora celata
Palm, Dendroica palmarum
Parula (see Parula)
Pine, Dendroica pinus
Prairie, Dendroica discolor
Prothonotary, Protonotaria citrea
Red-faced, Cardellina rubrifrons
Rufous-capped, Basileuterus rufifrons
Swainson's, Limnothlypis swainsonii
Tennessee, Vermivora peregrina
Townsend's, Dendroica townsendi
Virgina's, Vermivora virginiae
Willow, Phylloscopus trochilus
Wilson's, Wilsonia pusilla
Worm-eating, Helmitheros vermivorus
Yellow, Dendroica petechia
Yellow-rumped, Dendroica coronata
Yellow-throated, Dendroica dominica
Waterthrush:
Louisiana, Seiurus motacilla
Northern, Seiurus noveboracensis
Waxwing:
Bohemian, Bombycilla garrulus
Cedar, Bombycilla cedrorum
Wheatear, Northern, Oenanthe oenanthe
Whimbrel, Numenius phaeopus
Whip-poor-will, Caprimulgus vociferus
Whistling-Duck (see DUCKS)
Wigeon (see DUCKS)
Willet, Catoptrophorus semipalmatus
Wood-Pewee:
Eastern, Contopus virens
Western, Contopus sordidulus
Woodcock:
American, Scolopax minor
Eurasian, Scolopax rusticola
Woodpecker:
Acorn, Melanerpes formicivorus
Black-backed, Picoides arcticus
Downy, Picoides pubescens
Gila, Melanerpes uropygialis
Golden-fronted, Melanerpes aurifrons
Hairy, Picoides villosus
Ivory-billed, Campephilus principalis
Ladder-backed, Picoides scalaris
Lewis', Melanerpes lewis
Nuttall's, Picoides nuttallii
Pileated, Dryocopus pileatus
Puerto Rican, Melanerpes portoricensis
Red-bellied, Melanerpes carolinus
Red-cockaded, Picoides borealis
Red-headed, Melanerpes erythrocephalus
Strickland's, Picoides stricklandi
Three-toed, Picoides tridactylus
White-headed, Picoides albolarvatus
Woodstar, Bahama, Calliphlox evelynae
Wren:
Bewick's Thryomanes bewickii
Cactus, Campylorhynchus brunneicapillus
Canyon, Catherpes mexicanus
Carolina, Thryothorus ludovicianus
House, Troglodytes aedon
Marsh, Cistothorus palustris
Rock, Salpinctes obsoletus
Sedge, Cistothorus platensis
[[Page 19]]
Winter, Troglodytes troglodytes
Wryneck, Eurasian, Jynx torquilla
Yellowlegs:
Greater, Tringa melanoleuca
Lesser, Tringa flavipes
Yellowthroat:
Common, Geothlypis trichas
Gray-crowned, Geothlypis poliocephala
II. Taxonomic Listing
Order GAVIIFORMES
Family GAVIIDAE
Gavia stellata, Red-throated Loon
Gavia arctica, Arctic Loon
Gavia immer, Common Loon
Gavia adamsii, Yellow-billed Loon
Order PO DI CIP ED I FORMES
Family PO DI CIP EDIDAE
Tachybaptus dominicus, Least Grebe
Podilymbus podiceps, Pied-billed Grebe
Podiceps auritus, Horned Grebe
Podiceps grisegena, Red-necked Grebe
Podiceps nigricollis, Eared Grebe
Aechmophorus occidentalis, Western Grebe
Order PROCELLARIIFORMES
Family DIOMEDEIDAE
Diomedea albatrus, Short-tailed Albatross
Diomedea nigripes, Black-footed Albatross
Diomedea immutabilis, Laysan Albatross
Diomedea chlororhynchos, Yellow-nosed Albatross
Family PROCELLARIIDAE
Fulmarus glacialis, Northern Fulmar
Pterodroma hasitata, Black-capped Petrel
Pterodroma phaeopygia, Dark-rumped Petrel
Pterodroma externa, White-necked Petrel
Pterodroma inexpectata, Mottled Petrel
Pterodroma ultima, Murphy's Petrel
Pterodroma neglecta, Kermadec Petrel
Pterodroma arminjoniana, Herald Petrel
Pterodroma cookii, Cook's Petrel
Pterodroma hypoleuca, Bonin Petrel
Bulweria bulwerii, Bulwer's Petrel
Calonectris diomedea, Cory's Shearwater
Puffinus creatopus, Pink-footed Shearwater
Puffinus carneipes, Flesh-footed Shearwater
Puffinus gravis, Greater Shearwater
Puffinus pacificus, Wedge-tailed Shearwater
Puffinus bulleri, Buller's Shearwater
Puffinus griseus, Sooty Shearwater
Puffinus tenuirostris, Short-tailed Shearwater
Puffinus nativitatis, Christmas Shearwater
Puffinus puffinus, Manx Shearwater
Puffinus opisthomelas, Black-vented Shearwater
Puffinus auricularis, Townsend's Shearwater
Puffinus assimilis, Little Shearwater
Puffinus lherminieri, Audubon's Shearwater
Family HYDROBATIDAE
Oceanites oceanicus, Wilson's Storm-Petrel
Pelagodroma marina, White-faced Storm-Petrel
Oceanodroma furcata, Fork-tailed Storm-Petrel
Oceanodroma leucorhoa, Leach's Storm-Petrel
Oceanodroma homochroa, Ashy Storm-Petrel
Oceanodroma castro, Band-rumped Storm-Petrel
Oceanodroma tethys, Wedge-rumped Storm-Petrel
Oceanodroma melania, Black Storm-Petrel
Oceanodroma tristrami, Sooty Storm-Petrel
Oceanodroma microsoma, Least Storm-Petrel
Order PELECANIFORMES
Family PHAETHONTIDAE
Phaethon lepturus, White-tailed Tropicbird
Phaethon aethereus, Red-billed Tropicbird
Phaethon rubricauda, Red-tailed Tropicbird
Family SULIDAE
Sula dactylatra, Masked Booby
Sula nebouxii, Blue-footed Booby
Sula leucogaster, Brown Booby
Sula sula, Red-footed Booby
Sula bassanus, Northern Gannet
Family PELECANIDAE
Pelecanus erythrorhynchos, American White Pelican
Pelecanus occidentalis, Brown Pelican
Family PHALA CRO COR ACIDAE
Phalacrocorax carbo, Great Cormorant
Phalacrocorax auritus, Double-crested Cormorant
Phalacrocorax olivaceus, Olivaceous Cormorant
Phalacrocorax penicillatus, Brandt's Cormorant
Phalacrocorax pelagicus, Pelagic Cormorant
Phalacrocorax urile, Red-faced Cormorant
Family ANHINGIDAE
Anhinga anhinga, Anhinga
Family FREGATIDAE
Fregata magnificens, Magnificent Frigatebird
Fregata minor, Great Frigatebird
Fregata ariel, Lesser Frigatebird
Order CICONIIFORMES
Family ARDEIDAE
Botaurus lentiginosus, American Bittern
Ixobrychus exilis, Least Bittern
Ixobrychus sinensis, Chinese Bittern
Ixobrychus eurhythmus, Schrenk's Bittern
Ardea herodias, Great Blue Heron
Casmerodius albus, Great Egret
Egretta eulophotes, Chinese Egret
Egretta sacra, Pacific Reef Heron
Egretta intermedia, Plumed Egret
Egretta thula, Snowy Egret
Egretta caerulea, Little Blue Heron
Egretta tricolor, Tricolored Heron
Egretta rufescens, Reddish Egret
[[Page 20]]
Bubulcus ibis, Cattle Egret
Butorides striatus, Green-backed Heron
Nycticorax nycticorax, Black-crowned Night-Heron
Nycticorax melanolophus, Malay Night-Heron
Nycticorax goisagi, Japanese Night-Heron
Nycticorax violaceus, Yellow-crowned Night-Heron
Family THRE SKI ORN I THIDAE
Eudocimus albus, White Ibis
Eudocimus ruber, Scarlet Ibis
Plegadis falcinellus, Glossy Ibis
Plegadis chihi, White-faced Ibis
Ajaia ajaja, Roseate Spoonbill
Family CICONIIDAE
Jabiru mycteria, Jabiru
Mycteria americana, Wood Stork
Order PHO EN I COP TER I FORMES
Family PHO EN I COP TER IDAE
Phoenicopterus ruber, Greater Flamingo
Order ANSERIFORMES
Family ANATIDAE
Dendrocygna bicolor, Fulvous Whistling-Duck
Dendrocygna autumnalis, Black-bellied Whistling-Duck
Dendrocygna arborea, West Indian Whistling-Duck
Cygnus columbianus, Tundra Swan
Cygnus cygnus, Whooper Swan
Cygnus buccinator, Trumpeter Swan
Anser fabalis, Bean Goose
Anser albifrons, Greater White-fronted Goose
Chen caerulescens, Snow Goose
Chen rossii, Ross' Goose
Chen canagica, Emperor Goose
Branta bernicla, Brant
Branta leucopsis, Barnacle Goose
Branta canadensis, Canada Goose
Nesochen sandvicensis, Hawaiian Goose
Aix sponsa, Wood Duck
Anas crecca, Green-winged Teal
Anas formosa, Baikal Teal
Anas falcata, Falcated Teal
Anas rubripes, American Black Duck
Anas fulvigula, Mottled Duck
Anas platyrhynchos, Mallard
Anas wyvilliana, Hawaiian Duck
Anas laysanensis, Laysan Duck
Anas bahamensis, White-cheeked Pintail
Anas acuta, Northern Pintail
Anas querquedula, Garganey
Anas discors, Blue-winged Teal
Anas cyanoptera, Cinnamon Teal
Anas clypeata, Northern Shoveler
Anas strepera, Gadwall
Anas penelope, Eurasian Wigeon
Anas americana, American Wigeon
Aythya ferina, Common Pochard
Aythya valisineria, Canvasback
Aythya americana, Redhead
Aythya baeri, Baer's Pochard
Aythya collaris, Ring-necked Duck
Aythya fuligula, Tufted Duck
Aythya marila, Greater Scaup
Aythya affinis, Lesser Scaup
Somateria mollissima, Common Eider
Somateria spectabilis, King Eider
Somateria fischeri, Spectacled Eider
Polysticta stelleri, Steller's Eider
Histrionicus histrionicus, Harlequin Duck
Clangula hyemalis, Oldsquaw
Melanitta nigra, Black Scoter
Melanitta perspicillata, Surf Scoter
Melanitta fusca, White-winged Scoter
Bucephala clangula, Common Goldeneye
Bucephala islandica, Barrow's Goldeneye
Bucephala albeola, Bufflehead
Mergellus albellus, Smew
Lophodytes cucullatus, Hooded Merganser
Mergus merganser, Common Merganser
Mergus serrator, Red-breasted Merganser
Oxyura jamaicensis, Ruddy Duck
Oxyura dominica, Masked Duck
Order FAL CON I FORMES
Family CATHARTIDAE
Coragyps atratus, Black Vulture
Cathartes aura, Turkey Vulture
Gymnogyps californianus, California Condor
Family ACCIPITRIDAE
Pandion haliaetus, Osprey
Chondrohierax uncinatus, Hook-billed Kite
Elanoides forficatus, American Swallow-tailed Kite
Elanus caeruleus, Black-shouldered Kite
Rostrhamus sociabilis, Snail Kite
Ictinia mississippiensis, Mississippi Kite
Milvus migrans, Black Kite
Haliaeetus leucocephalus, Bald Eagle
Haliaeetus albicilla, White-tailed Eagle
Haliaeetus pelagicus, Steller's Sea-Eagle
Circus cyaneus, Northern Harrier
Accipiter gularis, Asiatic Sparrow Hawk
Accipiter striatus, Sharp-shinned Hawk
Accipiter cooperii, Cooper's Hawk
Accipiter gentilis, Northern Goshawk
Buteogallus anthracinus, Common Black-Hawk
Parabuteo unicinctus, Harris' Hawk
Buteo nitidus, Gray Hawk
Buteo lineatus, Red-shouldered Hawk
Buteo platypterus, Broad-winged Hawk
Buteo brachyurus, Short-tailed Hawk
Buteo swainsoni, Swainson's Hawk
Buteo albicaudatus, White-tailed Hawk
Buteo albonotatus, Zone-tailed Hawk
Buteo solitarius, Hawaiian Hawk
Buteo jamaicensis, Red-tailed Hawk
Buteo regalis, Ferruginous Hawk
Buteo lagopus, Rough-legged Hawk
Aquila chrysaetos, Golden Eagle
Family FALCONIDAE
Polyborus plancus, Crested Caracara
Falco tinnunculus, Eurasian Kestrel
Falco sparverius, American Kestrel
Falco columbarius, Merlin
Falco femoralis, Aplomado Falcon
[[Page 21]]
Falco peregrinus, Peregrine Falcon
Falco rusticolus, Gyrfalcon
Falco mexicanus, Prairie Falcon
Order GRUIFORMES
Family RALLIDAE
Coturnicops noveboracensis, Yellow Rail
Laterallus jamaicensis, Black Rail
Crex crex, Corn Crake
Rallus longirostris, Clapper Rail
Rallus elegans, King Rail
Rallus limicola, Virginia Rail
Porzana carolina, Sora
Porzana flaviventer, Yellow-breasted Crake
Porphyrula martinica, Purple Gallinule
Gallinula chloropus, Common Moorhen
Fulica atra, Eurasian Coot
Fulica americana, American Coot
Fulica caribaea, Caribbean Coot
Family ARAMIDAE
Aramus guarauna, Limpkin
Family GRUIDAE
Grus canadensis, Sandhill Crane
Grus grus, Common Crane
Grus americana, Whooping Crane
Order CHARADRIIFORMES
Family CHAR A DRI IDAE
Vanellus vanellus, Northern Lapwing
Pluvialis squatarola, Black-bellied Plover
Pluvialis dominica, Lesser Golden-Plover
Charadrius mongolus, Mongolian Plover
Charadrius leschenaultii, Great Sand Plover
Charadrius alexandrinus, Snowy Plover
Charadrius wilsonia, Wilson's Plover
Charadrius hiaticula, Common Ringed Plover
Charadrius semipalmatus, Semipalmated Plover
Charadrius melodus, Piping Plover
Charadrius dubius, Little Ringed Plover
Charadrius vociferus, Killdeer
Charadrius montanus, Mountain Plover
Charadrius morinellus, Eurasian Dotterel
Family HAEMATOPODIDAE
Haematopus palliatus, American Oystercatcher
Haematopus bachmani, Black Oystercatcher
Family RE CUR VI ROS TRI DAE
Himantopus mexicanus, Black-necked Stilt
Recurvirostra americana, American Avocet
Family JACANIDAE
Jacana spinosa, Northern Jacana
Family, SCOLOPACIDAE
Tringa nebularia, Common Greenshank
Tringa melanoleuca, Greater Yellowlegs
Tringa flavipes, Lesser Yellowlegs
Tringa stagnatilis, Marsh Sandpiper
Tringa erythropus, Spotted Redshank
Tringa glareola, Wood Sandpiper
Tringa solitaria, Solitary Sandpiper
Catoptrophorus semipalmatus, Willet
Heteroscelus incanus, Wandering Tattler
Heteroscelus brevipes, Gray-tailed Tattler
Actitis hypoleucos, Common Sandpiper
Actitis macularia, Spotted Sandpiper
Xenus cinereus, Terek Sandpiper
Bartramia longicauda, Upland Sandpiper
Numenius minutus, Least Curlew
Numenius borealis, Eskimo Curlew
Numenius phaeopus, Whimbrel
Numenius tahitiensis, Bristle-thighed Curlew
Numenius madagascariensis, Far Eastern Curlew
Numenius americanus, Long-billed Curlew
Limosa limosa, Black-tailed Godwit
Limosa haemastica, Hudsonian Godwit
Limosa lapponica, Bar-tailed Godwit
Limosa fedoa, Marbled Godwit
Arenaria interpres, Ruddy Turnstone
Arenaria melanocephala, Black Turnstone
Aphriza virgata, Surfbird
Calidris tenuirostris, Great Knot
Calidris canutus, Red Knot
Calidris alba, Sanderling
Calidris pusilla, Semipalmated Sandpiper
Calidris mauri, Western Sandpiper
Calidris ruficollis, Rufous-necked Stint
Calidris minuta, Little Stint
Calidris temminckii, Temminck's Stint
Calidris subminuta, Long-toed Stint
Calidris minutilla, Least Sandpiper
Calidris fuscicollis, White-rumped Sandpiper
Calidris bairdii, Baird's Sandpiper
Calidris melanotos, Pectoral Sandpiper
Calidris acuminata, Sharp-tailed Sandpiper
Calidris maritima, Purple Sandpiper
Calidris ptilocnemis, Rock Sandpiper
Calidris alpina, Dunlin
Calidris ferruginea, Curlew Sandpiper
Calidris himantopus, Stilt Sandpiper
Eurynorhynchus pygmeus, Spoonbill Sandpiper
Limicola falcinellus, Broad-billed Sandpiper
Tryngites subruficollis, Buff-breasted Sandpiper
Philomachus pugnax, Ruff
Limnodromus griseus, Short-billed Dowitcher
Limnodromus scolopaceus, Long-billed Dowitcher
Lymnocryptes minimus, Jack Snipe
Gallinago gallinago, Common Snipe
Gallinago stenura, Pin-tailed Snipe
Gallinago megala, Swinhoe's Snipe
Scolopax rusticola, Eurasian Woodcock
Scolopax minor, American Woodcock
Phalaropus tricolor, Wilson's Phalarope
Phalaropus lobatus, Red-necked Phalarope
Phalaropus fulicaria, Red Phalarope
Family LARIDAE
Stercorarius pomarinus, Pomarine Jaeger
Stercorarius parasiticus, Parasitic Jaeger
Stercorarius longicaudus, Long-tailed Jaeger
Catharacta skua, Great Skua
Catharacta maccormicki, South Polar Skua
Larus atricilla, Laughing Gull
Larus pipixcan, Franklin's Gull
Larus minutus, Little Gull
[[Page 22]]
Larus ridibundus, Common Black-headed Gull
Larus philadelphia, Bonaparte's Gull
Larus heermanni, Heermann's Gull
Larus canus, Mew Gull
Larus delawarensis, Ring-billed Gull
Larus californicus, California Gull
Larus argentatus, Herring Gull
Larus thayeri, Thayer's Gull
Larus glaucoides, Iceland Gull
Larus fuscus, Lesser Black-backed Gull
Larus schistisagus, Slaty-backed Gull
Larus livens, Yellow-footed Gull
Larus occidentalis, Western Gull
Larus glaucescens, Glaucous-winged Gull
Larus hyperboreus, Glaucous Gull
Larus marinus, Great Black-backed Gull
Rissa tridactyla, Black-legged Kittiwake
Rissa brevirostris, Red-legged Kittiwake
Rhodostethia rosea, Ross' Gull
Xema sabini, Sabine's Gull
Pagophila eburnea, Ivory Gull
Sterna nilotica, Gull-billed Tern
Sterna caspia, Caspian Tern
Sterna maxima, Royal Tern
Sterna elegans, Elegant Tern
Sterna sandvicensis, Sandwich Tern
Sterna dougallii, Roseate Tern
Sterna hirundo, Common Tern
Sterna paradisaea, Arctic Tern
Sterna aleutica, Aleutian Tern
Sterna forsteri, Forster's Tern
Sterna antillarum, Least Tern
Sterna albifrons, Little Tern
Sterna sumatrana, Black-naped Tern
Sterna lunata, Gray-backed Tern
Sterna anaethetus, Bridled Tern
Sterna fuscata, Sooty Tern
Chlidonias leucopterus, White-winged Tern
Chlidonias niger, Black Tern
Anous stolidus, Brown Noddy
Anous minutus, Black Noddy
Anous tenuirostris, Lesser Noddy
Procelsterna cerulea, Blue-Gray Noddy
Gygis alba, White Tern
Rynchops niger, Black Skimmer
Family ALCIDAE
Alle alle, Dovekie
Uria aalge, Common Murre
Uria lomvia, Thick-billed Murre
Alca torda, Razorbill
Cepphus grylle, Black Guillemot
Cepphus columba, Pigeon Guillemot
Brachyramphus marmoratus, Marbled Murrelet
Brachyramphus brevirostris, Kittlitz's Murrelet
Synthliboramphus hypoleucus, Xantus' Murrelet
Synthliboramphus craveri, Craveri's Murrelet
Synthliboramphus antiquus, Ancient Murrelet
Ptychoramphus aleuticus, Cassin's Auklet
Cyclorrhynchus psittacula, Parakeet Auklet
Aethia pusilla, Least Auklet
Aethia pygmaea, Whiskered Auklet
Aethia cristatella, Crested Auklet
Cerorhinca monocerata, Rhinoceros Auklet
Fratercula cirrhata, Tufted Puffin
Fratercula arctica, Atlantic Puffin
Fratercula corniculata, Horned Puffin
Order COLUMBIFORMES
Family COLUMBIDAE
Columba squamosa, Scaly-naped Pigeon
Columba leucocephala, White-crowned Pigeon
Columba flavirostris, Red-billed Pigeon
Columba inornata, Plain Pigeon
Columba fasciata, Band-tailed Pigeon
Zenaida asiatica, White-winged Dove
Zenaida aurita, Zenaida Dove
Zenaida macroura, Mourning Dove
Columbina inca, Inca Dove
Columbina passerina, Common Ground-Dove
Columbina talpacoti, Ruddy Ground-Dove
Leptotila verreauxi, White-tipped Dove
Geotrygon chrysia, Key West Quail-Dove
Geotrygon mystacea, Bridled Quail-Dove
Geotrygon montana, Ruddy Quail-Dove
Order CUCULIFORMES
Family CUCULIDAE
Cuculus canorus, Common Cuckoo
Cuculus saturatus, Oriental Cuckoo
Cuculus fugax, Hodgson's Hawk-Cuckoo
Coccyzus erythropthalmus, Black-billed Cuckoo
Coccyzus americanus, Yellow-billed Cuckoo
Coccyzus minor, Mangrove Cuckoo
Geococcyx californianus, Greater Roadrunner
Saurothera vieilloti, Puerto Rican Lizard-Cuckoo
Crotophaga ani, Smooth-billed Ani
Crotophaga sulcirostris, Groove-billed Ani
Order STRIGIFORMES
Family TYTONIDAE
Tyto alba, Common Barn-Owl
Family STRIGIDAE
Otus flammeolus, Flammulated Owl
Otus asio, Eastern Screech-Owl
Otus kennicottii, Western Screech-Owl
Otus trichopsis, Whiskered Screech-Owl
Otus nudipes, Puerto Rican Screech-Owl
Bubo virginianus, Great Horned Owl
Nyctea scandiaca, Snowy Owl
Surnia ulula, Northern Hawk-Owl
Glaucidium gnoma, Northern Pygmy-Owl
Glaucidium brasilianum, Ferruginous Pygmy-Owl
Micrathene whitneyi, Elf Owl
Athene cunicularia, Burrowing Owl
Strix occidentalis, Spotted Owl
Strix varia, Barred Owl
Strix nebulosa, Great Gray Owl
Asio otus, Long-eared Owl
Asio flammeus, Short-eared Owl
Aegolius funereus, Boreal Owl
Aegolius acadicus, Northern Saw-whet Owl
Order CAPRIMULGIFORMES
[[Page 23]]
Family CAPRIMULGIDAE
Chordeiles acutipennis, Lesser Nighthawk
Chordeiles minor, Common Nighthawk
Chordeiles gundlachii, Antillean Nighthawk
Nyctidromus albicollis, Common Pauraque
Phalaenoptilus nuttallii, Common Poorwill
Caprimulgus carolinensis, Chuck-will's-widow
Caprimulgus ridgwayi, Buff-collared Nightjar
Caprimulgus vociferus, Whip-poor-will
Caprimulgus noctitherus, Puerto Rican Nightjar
Caprimulgus indicus, Jungle Nightjar
Order APODIFORMES
Family APODIDAE
Cypseloides niger, Black Swift
Streptoprocne zonaris, White-collared Swift
Chaetura pelagica, Chimney Swift
Chaetura vauxi, Vaux's Swift
Hirundapus caudacutus, White-throated Needletail
Apus apus, Common Swift
Apus pacificus, Fork-tailed Swift
Aeronautes saxatalis, White-throated Swift
Tachornis phoenicobia, Antillean Palm Swift
Family TROCHILIDAE
Colibri thalassinus, Green Violet-ear
Anthracothorax dominicus, Antillean Mango
Anthracothorax viridis, Green Mango
Eulampis holosericeus, Green-throated Carib
Orthorhynchus cristatus, Antillean Crested Hummingbird
Chlorostilbon maugaeus, Puerto Rican Emerald
Cynanthus latirostris, Broad-billed Hummingbird
Hylocharis leucotis, White-eared Hummingbird
Amazilia beryllina, Berylline Hummingbird
Amazilia yucatanensis, Buff-bellied Hummingbird
Amazilia violiceps, Violet-crowned Hummingbird
Lampornis clemenciae, Blue-throated Hummingbird
Eugenes fulgens, Magnificent Hummingbird
Heliomaster constantii, Plain-capped Starthroat
Calliphlox evelynae, Bahama Woodstar
Calothorax lucifer, Lucifer Hummingbird
Archilochus colubris, Ruby-throated Hummingbird
Archilochus alexandri, Black-chinned Hummingbird
Calypte anna, Anna's Hummingbird
Calypte costae, Costa's Hummingbird
Stellula calliope, Calliope Hummingbird
Selasphorus platycercus, Broad-tailed Hummingbird
Selasphorus rufus, Rufous Hummingbird
Selasphorus sasin, Allen's Hummingbird
Order TROGONIFORMES
Family TROGONIDAE
Trogon elegans, Elegant Trogon
Euptilotus neoxenus, Eared Trogon
Order CORACIIFORMES
Family UPUPIDAE
Upupa epops, Hoopoe
Family ALCEDINIDAE
Ceryle torquata, Ringed Kingfisher
Ceryle alcyon, Belted Kingfisher
Chloroceryle americana, Green Kingfisher
Order PICIFORMES
Family PICIDAE
Jynx torquilla, Eurasian Wryneck
Melanerpes lewis, Lewis' Woodpecker
Melanerpes erythrocephalus, Red-headed Woodpecker
Melanerpes formicivorus, Acorn Woodpecker
Melanerpes uropygialis, Gila Woodpecker
Melanerpes aurifrons, Golden-fronted Woodpecker
Melanerpes carolinus, Red-bellied Woodpecker
Melanerpes portoricensis, Puerto Rican Woodpecker
Sphyrapicus varius, Yellow-bellied Sapsucker
Sphyrapicus ruber, Red-breasted Sapsucker
Sphyrapicus thyroideus, Williamson's Sapsucker
Picoides scalaris, Ladder-Backed Woodpecker
Picoides nuttallii, Nuttall's Woodpecker
Picoides pubescens, Downy Woodpecker
Picoides villosus, Hairy Woodpecker
Picoides stricklandi, Strickland's Woodpecker
Picoides borealis, Red-cockaded Woodpecker
Picoides albolarvatus, White-headed Woodpecker
Picoides tridactylus, Three-toed Woodpecker
Picoides arcticus, Black-backed Woodpecker
Colaptes auratus, Northern Flicker
Dryocopus pileatus, Pileated Woodpecker
Campephilus principalis, Ivory-billed Woodpecker
Order PASSERIFORMES
Family TYRANNIDAE
Elaenia martinica, Caribbean Elaenia
Camptostoma imberbe, Northern Beardless-Tyrannulet
Contopus borealis, Olive-sided Flycatcher
Contopus pertinax, Greater Pewee
Contopus sordidulus, Western Wood-Pewee
Contopus virens, Eastern Wood-Pewee
Contopus latirostris, Lesser Antillean Pewee
Empidonax flaviventris, Yellow-bellied Flycatcher
Empidonax virescens, Acadian Flycatcher
Empidonax alnorum, Alder Flycatcher
Empidonax traillii, Willow Flycatcher
Empidonax minimus, Least Flycatcher
Empidonax hammondii, Hammond's Flycatcher
Empidonax oberholseri, Dusky Flycatcher
Empidonax wrightii, Gray Flycatcher
[[Page 24]]
Empidonax difficilis, Western Flycatcher
Empidonax fulvifrons, Buff-breasted Flycatcher
Sayornis nigricans, Black Phoebe
Sayornis phoebe, Eastern Phoebe
Sayornis saya, Say's Phoebe
Pyrocephalus rubinus, Vermilion Flycatcher
Myiarchus tuberculifer, Dusky-capped Flycatcher
Myiarchus cinerascens, Ash-throated Flycatcher
Myiarchus nuttingi, Nutting's Flycatcher
Myiarchus crinitus, Great Crested Flycatcher
Myiarchus tyrannulus, Brown-crested Flycatcher
Myiarchus antillarum, Puerto Rican Flycatcher
Pitangus sulphuratus, Great Kiskadee
Myiodynastes luteiventris, Sulpher-bellied Flycatcher
Tyrannus melancholicus, Tropical Kingbird
Tyrannus couchii, Couch's Kingbird
Tyrannus vociferans, Cassin's Kingbird
Tyrannus crassirostris, Thick-billed Kingbird
Tyrannus verticalis, Western Kingbird
Tyrannus tyrannus, Eastern Kingbird
Tyrannus dominicensis, Gray Kingbird
Tyrannus caudifasciatus, Loggerhead Kingbird
Tyrannus forficatus, Scissor-tailed Flycatcher
Tyrannus savana, Fork-tailed Flycatcher
Pachyramphus aglaiae, Rose-throated Becard
Family ALAUDIDAE
Alauda arvensis, Eurasian Skylark
Eremophila alpestris, Horned Lark
Family HIRUNDINIDAE
Progne subis, Purple Martin
Progne cryptoleuca, Cuban Martin
Progne dominicensis, Caribbean Martin
Progne chalybea, Gray-breasted Martin
Tachycineta bicolor, Tree Swallow
Tachycineta thalassina, Violet-green Swallow
Tachycineta cyaneoviridis, Bahama Swallow
Stelgidopteryx serripennis, Northern Rough-winged Swallow
Riparia riparia, Bank Swallow
Hirundo pyrrhonota, Cliff Swallow
Hirundo fulva, Cave Swallow
Hirundo rustica, Barn Swallow
Delichon urbica, Common House-Martin
Family CORVIDAE
Perisoreus canadensis, Gray Jay
Cyanocitta stelleri, Steller's Jay
Cyanocitta cristata, Blue Jay
Cyanocorax yncas, Green Jay
Cyanocorax morio, Brown Jay
Aphelocoma coerulescens, Scrub Jay
Aphelocoma ultramarina, Gray-breasted Jay
Gymnorhinus cyanocephalus, Pinyon Jay
Nucifraga columbiana, Clark's Nutcracker
Pica pica, Black-billed Magpie
Pica nuttalli, Yellow-billed Magpie
Corvus brachyrhynchos, American Crow
Corvus caurinus, Northwestern Crow
Corvus leucognaphalus, White-necked Crow
Corvus imparatus, Mexican Crow
Corvus ossifragus, Fish Crow
Corvus hawaiiensis, Hawaiian Crow
Corvus cryptoleucus, Chihuahuan Raven
Corvus corax, Common Raven
Family PARIDAE
Parus atricapillus, Black-capped Chickadee
Parus carolinensis, Carolina Chickadee
Parus sclateri, Mexican Chickadee
Parus gambeli, Mountain Chickadee
Parus cinctus, Siberian Tit
Parus hudsonicus, Boreal Chickadee
Parus rufescens, Chestnut-backed Chickadee
Parus wollweberi, Bridled Titmouse
Parus inornatus, Plain Titmouse
Parus bicolor, Tufted Titmouse
Family REMIZIDAE
Auriparus flaviceps, Verdin
Family AEGITHALIDAE
Psaltriparus minimus, Bushtit
Family SITTIDAE
Sitta canadensis, Red-breasted Nuthatch
Sitta carolinensis, White-breasted Nuthatch
Sitta pygmaea, Pygmy Nuthatch
Sitta pusilla, Brown-headed Nuthatch
Family CERTHIIDAE
Certhia americana, Brown Creeper
Family TROGLODYTIDAE
Campylorhynchus brunneicapillus, Cactus Wren
Salpinctes obsoletus, Rock Wren
Catherpes mexicanus, Canyon Wren
Thryothorus ludovicianus, Carolina Wren
Thryomanes bewickii, Bewick's Wren
Troglodytes aedon, House Wren
Troglodytes troglodytes, Winter Wren
Cistothorus platensis, Sedge Wren
Cistothorus palustris, Marsh Wren
Family CINCLIDAE
Cinclus mexicanus, American Dipper
Family MUSCICAPIDAE
Subfamily SYLVIINAE
Locustella ochotensis, Middendorff's Grasshopper-Warbler
Phylloscopus borealis, Arctic Warbler
Phylloscopus trochilus, Willow Warbler
Regulus satrapa, Golden-crowned Kinglet
Regulus calendula, Ruby-crowned Kinglet
Polioptila caerulea, Blue-gray Gnatcatcher
Polioptila melanura, Black-tailed Gnatcatcher
Polioptila nigriceps, Black-capped Gnatcatcher
Subfamily MUSCICAPINAE
Muscicapa griseisticta, Gray-spotted Flycatcher
[[Page 25]]
Muscicapa narcissina, Narcissus Flycatcher
Subfamily TURDINAE
Luscinia calliope, Siberian Rubythroat
Luscinia svecica, Bluethroat
Monticola solitarius, Blue Rock Thrush
Oenanthe oenanthe, Northern Wheatear
Sialis sialis, Eastern Bluebird
Sialis mexicana, Western Bluebird
Sialis currucoides, Mountain Bluebird
Myadestes townsendi, Townsend's Solitaire
Phaeornis obscurus, Hawaiian Thrush
Phaeornis palmeri, Small Kauai Thrush
Catharus fuscescens, Veery
Catharus minimus, Gray-cheeked Thrush
Catharus ustulatus, Swainson's Thrush
Catharus guttatus, Hermit Thrush
Hylocichla mustelina, Wood Thrush
Turdus plumbeus, Red-legged Thrush
Turdus obscurus, Eye-browed Thrush
Turdus naumanni, Dusky Thrush
Turdus pilaris, Fieldfare
Turdus grayi, Clay-colored Robin
Turdus rufopalliatus, Rufous-backed Robin
Turdus migratorius, American Robin
Ixoreus naevius, Varied Thrush
Ridgwayia pinicola, Aztec Thrush
Family MIMIDAE
Dumetella carolinensis, Gray Catbird
Mimus polyglottos, Northern Mockingbird
Oreoscoptes montanus, Sage Thrasher
Toxostoma rufum, Brown Thrasher
Toxostoma longirostre, Long-billed Thrasher
Toxostoma bendirei, Bendire's Thrasher
Toxostoma curvirostre, Curve-billed Thrasher
Toxostoma redivivum, California Thrasher
Toxostoma crissale, Crissal Thrasher
Toxostoma lecontei, Le Conte's Thrasher
Margarops fuscatus, Pearly-eyed Thrasher
Family PRUNELLIDAE
Prunella montanella, Siberian Accentor
Family MOTACILLIDAE
Motacilla flava, Yellow Wagtail
Motacilla cinerea, Gray Wagtail
Motacilla alba, White Wagtail
Motacilla lugens, Black-backed Wagtail
Anthur hodgsoni, Olive Tree-Pipit
Anthus gustavi, Pechora Pipit
Anthus cervinus, Red-throated Pipit
Anthus spinoletta, Water Pipit
Anthus spragueii, Sprague's Pipit
Family BOMBYCILLIDAE
Bombycilla garrulus, Bohemian Waxwing
Bombycilla cedrorum, Cedar Waxwing
Family PTILOGONATIDAE
Phainopepla nitens, Phainopepla
Family LANIIDAE
Lanius excubitor, Northern Shrike
Lanius ludovicianus, Loggerhead Shrike
Family STURNIDAE
Sturnus philippensis, Violet-backed Starling
Sturnus cineraceus, Ashy Starling
Family VIREONIDAE
Vireo griseus, White-eyed Vireo
Vireo latimeri, Puerto Rican Vireo
Vireo bellii, Bells' Vireo
Vireo atricapillus, Black-capped Vireo
Vireo vicinior, Gray Vireo
Vireo solitarius, Solitary Vireo
Vireo flavifrons, Yellow-throated Vireo
Vireo huttoni, Hutton's Vireo
Vireo gilvus, Warbling Vireo
Vireo philadelphicus, Philadelphia Vireo
Vireo olivaceus, Red-eyed Vireo
Vireo altiloquus, Black-whiskered Vireo
Family EMBERIZIDAE
Subfamily PARULINAE
Vermivora bachmanii, Bachman's Warbler
Vermivora pinus, Blue-winged Warbler
Vermivora chrysoptera, Golden-winged Warbler
Vermivora peregrina, Tennessee Warbler
Vermivora celata, Orange-crowned Warbler
Vermivora ruficapilla, Nashville Warbler
Vermivora virginiae, Virginia's Warbler
Vermivora crissalis, Colima Warbler
Vermivora luciae, Lucy's Warbler
Parula americana, Northern Parula
Parula pitiayumi, Tropical Parula
Dendroica petechia, Yellow Warbler
Dendroica pensylvanica, Chestnut-sided Warbler
Dendroica magnolia, Magnolia Warbler
Dendroica tigrina, Cape May Warbler
Dendroica caerulescens, Black-throated Blue Warbler
Dendroica coronata, Yellow-rumped Warbler
Dendroica nigrescens, Black-throated Gray Warbler
Dendroica townsendi, Townsend's Warbler
Dendroica occidentalis, Hermit Warbler
Dendroica virens, Black-throated Green Warbler
Dendroica chrysoparia, Golden-cheeked Warbler
Dendroica fusca, Blackburnian Warbler
Dendroica dominica, Yellow-throated Warbler
Dendroica graciae, Grace's Warbler
Dendroica adelaidae, Adelaide's Warbler
Dendroica pinus, Pine Warbler
Dendroica kirtlandii, Kirtland's Warbler
Dendroica discolor, Prairie Warbler
Dendroica palmarum, Palm Warbler
Dendroica castanea, Bay-breasted Warbler
Dendroica striata, Blackpoll Warbler
Dendroica cerulea, Cerulean Warbler
Dendroica angelae, Elfin Woods Warbler
Mniotilta varia, Black-and-White Warbler
Setophaga ruticilla, American Redstart
Protonotaria citrea, Prothonotary Warbler
Helmitheros vermivorus, Worm-eating Warbler
Limnothlypis swainsonii, Swainson's Warbler
Seiurus aurocapillus, Ovenbird
Seiurus noveboracensis, Northern Waterthrush
Seiurus motacilla, Louisiana Waterthrush
[[Page 26]]
Oporornis formosus, Kentucky Warbler
Oporornis agilis, Connecticut Warbler
Oporornis philadelphia, Mourning Warbler
Oporornis tolmiei, MacGillivray's Warbler
Geothlypis trichas, Common Yellowthroat
Geothlypis poliocephala, Gray-crowned Yellowthroat
Wilsonia citrina, Hooded Warbler
Wilsonia pusilla, Wilson's Warbler
Wilsonia canadensis, Canada Warbler
Cardellina rubrifrons, Red-faced Warbler
Myioborus pictus, Painted Redstart
Myioborus miniatus, Slaty-throated Redstart
Basileuterus culicivorus, Golden-crowned Warbler
Basileuterus rufifrons, Rufous-capped Warbler
Icteria virens, Yellow-breasted Chat
Peucedramus taeniatus, Olive Warbler
Subfamily THRAUPINAE
Spindalis zena, Stripe-headed Tanager
Neospingus speculiferus, Puerto Rican Tanager
Piranga flava, Hepatic Tanager
Piranga rubra, Summer Tanager
Piranga olivacea, Scarlet Tanager
Piranga ludoviciana, Western Tanager
Euphonia musica, Antillean Euphonia
Subfamily CARDINALINAE
Rhodothraupis celaeno, Crimson-collared Grosbeak
Cardinalis cardinals, Northern Cardinal
Cardinalis sinuatus, Pyrrhuloxia
Pheucticus chrysopeplus, Yellow Grosbeak
Pheucticus ludovicianus, Rose-breasted Grosbeak
Pheucticus melanocephalus, Black-headed Grosbeak
Guiraca caerulea, Blue Grosbeak
Passerina amoena, Lazuli Bunting
Passerina cyanea, Indigo Bunting
Passerina versicolor, Varied Bunting
Passerina ciris, Painted Bunting
Spiza americana, Dickcissel
Subfamily EMBERIZINAE
Arremonops rufivirgatus, Olive Sparrow
Pipilo chlorurus, Green-tailed Towhee
Pipilo erythrophthalmus, Rufous-sided Towhee
Pipilo fuscus, Brown Towhee
Pipilo aberti, Abert's Towhee
Sporophila torqueola, White-collared Seedeater
Tiaris olivacea, Yellow-faced Grassquit
Tiaris bicolor, Black-faced Grassquit
Loxigilla portoricensis, Puerto Rican Bullfinch
Aimophila aestivalis, Bachman's Sparrow
Aimophila botterii, Botteri's Sparrow
Aimophila cassinii, Cassin's Sparrow
Aimophila carpalis, Rufous-winged Sparrow
Aimophila ruficeps, Rufous-crowned Sparrow
Spizella arborea, American Tree Sparrow
Spizella passerina, Chipping Sparrow
Spizella pallida, Clay-colored Sparrow
Spizella breweri, Brewer's Sparrow
Spizella pusilla, Field Sparrow
Spizella wortheni, Worthen's Sparrow
Spizella atrogularis, Black-chinned Sparrow
Pooecetes gramineus, Vesper Sparrow
Chondestes grammacus, Lark Sparrow
Amphispiza bilineata, Black-throated Sparrow
Amphispiza belli, Sage Sparrow
Amphispiza quinquestriata, Five-striped Sparrow
Calamospiza melanocorys, Lark Bunting
Passerculus sandwichensis, Savannah Sparrow
Ammodramus bairdii, Baird's Sparrow
Ammodramus savannarum, Grasshopper Sparrow
Ammodramus henslowii, Henslow's Sparrow
Ammodramus leconteii, Le Conte's Sparrow
Ammodramus caudacutus, Sharp-tailed Sparrow
Ammodramus maritimus, Seaside Sparrow
Passerella iliaca, Fox Sparrow
Melosipza melodia, Song Sparrow
Melospiza lincolnii, Lincoln's Sparrow
Melospiza georgiana, Swamp Sparrow
Zonotrichia albicollis, White-throated Sparrow
Zonotrichia atricapilla, Golden-crowned Sparrow
Zonotrichia leucophrys, White-crowned Sparrow
Zonotrichia querula, Harris' Sparrow
Junco hyemalis, Dark-eyed Junco
Junco phaeonotus, Yellow-eyed Junco
Emberiza rustica, Rustic Bunting
Emberiza pallasi, Pallas' Reed-Bunting
Emberiza schoeniculus, Common Reed-Bunting
Calcarius mccownii, McCown's Longspur
Calcarius lapponicus, Lapland Longspur
Calcarius pictus, Smith's Longspur
Calcarius ornatus, Chestnut-collared Longspur
Plectrophenax nivalis, Snow Bunting
Plectrophenax hyperboreus, McKay's Bunting
Subfamily ICTERINAE
Dolichonyx oryzivorus, Bobolink
Agelaius phoeniceus, Red-winged Blackbird
Agelaius tricolor, Tricolored Blackbird
Agelaius humeralis, Tawny-shouldered Blackbird
Agelaius xanthomus, Yellow-shouldered Blackbird
Sturnella magna, Eastern Meadowlark
Sturnella neglecta, Western Meadowlark
Xanthocephalus xanthocephalus, Yellow-headed Blackbird
Euphagus carolinus, Rusty Blackbird
Euphagus cyanocephalus, Brewer's Blackbird
Quiscalus mexicanus, Great-tailed Grackle
Quiscalus major, Boat-tailed Grackle
[[Page 27]]
Quiscalus quiscula, Common Grackle
Quiscalus niger, Greater Antillean Grackle
Molothrus bonariensis, Shiny Cowbird
Molothrus aeneus, Bronzed Cowbird
Molothrus ater, Brown-headed Cowbird
Icterus dominicensis, Black-cowled Oriole
Icterus wagleri, Black-vented Oriole
Icterus spurius, Orchard Oriole
Icterus cucullatus, Hooded Oriole
Icterus pustulatus, Streak-backed Oriole
Icterus gularis, Altamira Oriole
Icterus graduacauda, Audubon's Oriole
Icterus galbula, Northern Oriole
Icterus parisorum, Scott's Oriole
Family FRINGILLIDAE
Subfamily FRINGILLINAE
Fringilla montifringilla, Brambling
Subfamily CARDUELINAE
Leucosticte arctoa, Rosy Finch
Pinicola enucleator, Pine Grosbeak
Carpodacus erythrinus, Common Rosefinch
Carpodacus purpureus, Purple Finch
Carpodacus cassinii, Cassin's Finch
Carpodacus mexicanus, House Finch
Loxia curvirostra, Red Crossbill
Loxia leucoptera, White-winged Crossbill
Carduelis flammea, Common Redpoll
Carduelis hornemanni, Hoary Redpoll
Carduelis pinus, Pine Siskin
Carduelis psaltria, Lesser Goldfinch
Carduelis lawrencei, Lawrence's Goldfinch
Carduelis tristis, American Goldfinch
Carduelis sinica, Oriental Greenfinch
Pyrrhula pyrrhula, Eurasian Bullfinch
Coccothraustes vespertinus, Evening Grosbeak
Coccothraustes coccothraustes, Hawfinch
[50 FR 13710, Apr. 5, 1985]
Subpart C_Addresses
Sec. 10.21 Director.
(a) Mail forwarded to the Director for law enforcement purposes
should be addressed: Chief, Division of Law Enforcement, U.S. Fish and
Wildlife Service, P.O. Box 3247, Arlington, VA 22203-3247.
(b) Mail sent to the Director regarding permits for the Convention
on International Trade in Endangered Species of Wild Fauna and Fauna
(CITES), injurious wildlife, Wild Bird Conservation Act species,
international movement of all ESA-listed endangered or threatened
species, and scientific research on, exhibition of, or interstate
commerce in nonnative ESA-listed endangered and threatened species
should be addressed to: Director, U.S. Fish and Wildlife Service,
(Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room
700, Arlington, VA 22203. Address mail for the following permits to the
Regional Director. In the address include one of the following: for
import/export licenses and exception to designated port permits
(Attention: Import/export license); for native endangered and threatened
species (Attention: Endangered/threatened species permit); and for
migratory birds and eagles (Attention: Migratory bird permit office).
You can find addresses for regional offices at 50 CFR 2.2.
[55 FR 48851, Nov. 23, 1990, as amended at 63 FR 52633, Oct. 1, 1998]
Sec. 10.22 Law enforcement offices.
Service law enforcement offices and their areas of responsibility
follow. Mail should be addressed: ``Assistant Regional Director,
Division of Law Enforcement, U.S. Fish and Wildlife Service,
(appropriate address below)'':
Areas of Responsibility and Office Addresses
California, Hawaii, Idaho. Nevada, Oregon, Washington, American Samoa,
Guam, the Marshall Islands, Northern Mariana Islands, and the
Trust Territory of the Pacific Islands (District 1):
Eastside Federal Complex, 911 N.E. 11th. Avenue, Portland, OR 97232-
4181, Telephone: 503-231-6125.
Arizona, New Mexico, Oklahoma, and Texas (District 2):
P.O. Box 329, Albuquerque, NM 87103, Telephone: 505-766-2091
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and
Wisconsin (District 3):
P.O. Box 45--Federal Building, Ft. Snelling, Twin Cities, MN 55111,
Telephone: 612-725-3530.
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi,
North Carolina, South Carolina, Tennessee, Puerto Rico, and
the Virgin Islands (District 4):
P.O. Box 4839, Atlanta, GA 30302, Telephone: 404-331-5872
Connecticut, Delaware, District of Columbia, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont, Virginia, and West
Virginia (District 5):
P.O. Box 129, New Town Branch, Boston, MA 02258, Telephone: 617-965-
2298
Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah,
and Wyoming (District 6):
[[Page 28]]
P.O. Box 25486, Denver Federal Center, Denver, CO 80225, Telephone:
303-236-7540
Alaska (District 7):
P.O. Box 92597, Anchorage, AK 99509-2597, Telephone: 907-786-3311
Any foreign country (Washington Office):
P.O. Box 3247, Arlington, VA 22203-3247, Telephone: 703-358-1949.
(Pub. L. 97-79, 95 Stat. 1072; 16 U.S.C. 3371-3378)
[48 FR 1313, Jan. 12, 1983; 48 FR 37040, Aug. 16, 1983, as amended at 49
FR 31291, Aug. 6, 1984; 51 FR 23551, June 30, 1986; 53 FR 6649, Mar. 2,
1988; 55 FR 48851, Nov. 23, 1990]
PART 11_CIVIL PROCEDURES--Table of Contents
Subpart A_Introduction
Sec.
11.1 Purpose of regulations.
11.2 Scope of regulations.
11.3 Filing of documents.
Subpart B_Assessment Procedure
11.11 Notice of violation.
11.12 Petition for relief.
11.13 Decision by the Director.
11.14 Notice of assessment.
11.15 Request for a hearing.
11.16 Final administrative decision.
11.17 Payment of final assessment.
Subpart C_Hearing and Appeal Procedures
11.21 Commencement of hearing procedures.
11.22 Appearance and practice.
11.23 Hearings.
11.24 Final administrative action.
11.25 Appeal.
11.26 Reporting service.
Authority: Lacey Act, 83 Stat. 279-281, 18 U.S.C. 42-44; Lacey Act
Amendments of 1981, 95 Stat. 1073-1080, 16 U.S.C. 3371 et seq.; Bald
Eagle Protection Act, sec. 2, 54 Stat. 251, 16 U.S.C. 668a; Endangered
Species Act of 1973, sec. 11(f), 87 Stat. 884, 16 U.S.C. 1540(f); Marine
Mammal Protection Act of 1972, sec. 112(a), 86 Stat. 1042, 16 U.S.C.
1382.
Source: 39 FR 1159, Jan. 4, 1974, unless otherwise noted.
Editorial Note: Nomenclature changes to part 11 appear at 67 FR
38208, June 3, 2002.
Subpart A_Introduction
Sec. 11.1 Purpose of regulations.
The regulations contained in this part provide uniform rules and
procedures for the assessment of civil penalties in connection with
violations of certain laws and regulations enforced by the Service.
Sec. 11.2 Scope of regulations.
The regulations contained in this part apply only to actions arising
under the following laws and regulations issued thereunder:
Lacey Act, 18 U.S.C. 43;
Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.;
Bald Eagle Protection Act, 16 U.S.C. 668-668d;
Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. 1531 et seq.;
and Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1384 and 1401-
1407.
[47 FR 56860, Dec. 21, 1982]
Sec. 11.3 Filing of documents.
(a) Whenever a document or other paper is required to be filed under
this part within a certain time, such document or paper will be
considered filed as of the date of the postmark if mailed, or the date
actually delivered to the office where filing is required. The time
periods set forth in this part shall begin to run as of the day
following the date of the document or other paper.
(b) If an oral or written application is made to the Director up to
10 calendar days after the expiration of a time period established in
this part for the required filing of documents or other papers, the
Director may permit a late filing within a fixed period where reasonable
grounds are found for an inability or failure to file within the time
period required. All such extensions shall be in writing. Except as
provided in this subsection, no other requests for an extension of time
may be granted.
Subpart B_Assessment Procedure
Sec. 11.11 Notice of violation.
(a) A notice of violation (hereinafter ``notice''), shall be issued
by the Director and served personally or by registered or certified
mail, return receipt requested, upon the person believed to be subject
to a civil penalty (the respondent). The notice shall contain: (1) A
concise statement of the facts believed to show a violation, (2) a
specific reference to the provisions of the statute or regulation
allegedly violated,
[[Page 29]]
and (3) the amount of penalty proposed to be assessed. The notice may
also contain an initial proposal for compromise or settlement of the
case. The notice shall also advise the respondent of his right to file a
petition for relief pursuant to Sec. 11.12, or to await the Director's
notice of assessment.
(b) The respondent shall have 45 days from the date of the notice of
violation in which to respond. During this time he may:
(1) Undertake informal discussions with the Director;
(2) Accept the proposed penalty, or the compromise, if any, offered
in the notice;
(3) File a petition for relief; or
(4) Take no action, and await the Director's decision, pursuant to
Sec. 11.13.
(c) Acceptance of the proposed penalty or the compromise shall be
deemed to be a waiver of the notice ef assessment required by Sec.
11.14, and of the opportunity for a hearing. Any counter offer of
settlement shall be deemed a rejection of the proposed offer of
compromise.
Sec. 11.12 Petition for relief.
If the respondent so chooses he may ask that no penalty be assessed
or that the amount be reduced, and he may admit or contest the legal
sufficiency of the charge and the Director's allegations of facts, by
filing a petition for relief (hereinafter ``petition'') with the
Director at the address specified in the notice within 45 days of the
date thereof. The petition shall be in writing and signed by the
respondent. If the respondent is a corporation, the petition must be
signed by an officer authorized to sign such documents. It must set
forth in full the legal or other reasons for the relief.
Sec. 11.13 Decision by the Director.
Upon expiration of the period required or granted for filing of a
petition for relief, the Director shall proceed to make an assessment of
a civil penalty, taking into consideration information available to him
and such showing as may have been made by the respondent, either
pursuant to Sec. 11.11 or Sec. 11.12, or upon further request of the
Director.
Sec. 11.14 Notice of assessment.
The Director shall notify the respondent by a written notice of
assessment, by personal service or by registered or certified mail,
return receipt requested, of his decision pursuant to Sec. 11.13. He
shall set forth therein the facts and conclusions upon which he decided
that the violation did occur and appropriateness of the penalty
assessed.
Sec. 11.15 Request for a hearing.
Except where a right to request a hearing is deemed to have been
waived as provided in Sec. 11.11, the respondent may, within 45
calendar days from the date of the notice of assessment referred to in
Sec. 11.14, file a dated, written request for a hearing with the
Hearings Division, Office of Hearings and Appeals, U.S. Department of
the Interior, 801 North Quincy Street, Arlington, Virginia 22203. The
request should state the respondent's preference as to the place and
date for a hearing. The request must enclose a copy of the notice of
violation and notice of assessment. A copy of the request shall be
served upon the Director personally or by registered or certified mail,
return receipt requested, at the address specified in the notice.
Sec. 11.16 Final administrative decision.
(a) Where no request for a hearing is filed as provided in Sec.
11.15 the Director's assessment shall become effective and shall
constitute the final administrative decision of the Secretary on the
45th calendar day from the date of the notice of assessment.
(b) If a request for a hearing is timely filed in accordance with
Sec. 11.15, the date of the final administrative decision in the matter
shall be as provided in subpart C of this part.
Sec. 11.17 Payment of final assessment.
When a final administrative decision becomes effective in accordance
with this part 11, the respondent shall have 20 calendar days from the
date of the final administrative decision within which to make full
payment of the penalty assessed. Payment will be timely only if received
in Office of the Director during normal business hours, on or
[[Page 30]]
before the 20th day. Upon a failure to pay the penalty, the Solicitor of
the Department may request the Attorney General to institute a civil
action in the U.S. District Court to collect the penalty.
Subpart C_Hearing and Appeal Procedures
Sec. 11.21 Commencement of hearing procedures.
Proceedings under this subpart are commenced upon the timely filing
with the Hearings Division of a request for a hearing, as provided in
Sec. 11.15 of subpart B. Upon receipt of a request for a hearing, the
Hearings Division will assign an administrative law judge to the case.
Notice of assignment will be given promptly to the parties, and
thereafter, all pleadings, papers, and other documents in the proceeding
shall be filed directly with the administrative law judge, with copies
served on the opposing party.
Sec. 11.22 Appearance and practice.
(a) Subject to the provisions of 43 CFR 1.3, the respondent may
appear in person, by representative, or by counsel, and may participate
fully in these proceedings.
(b) Department counsel designated by the Solicitor of the Department
shall represent the Director in these proceedings. Upon notice to the
Director of the assignment of an administrative law judge to the case,
said counsel shall enter his appearance on behalf of the Director and
shall file all petitions and correspondence exchanged by the Director
and the respondent pursuant to subpart B of this part, which shall
become part of the hearing record. Thereinafter, service upon the
Director in these proceedings shall be made to his counsel.
Sec. 11.23 Hearings.
(a) The administrative law judge shall have all powers accorded by
law and necessary to preside over the parties and the proceedings and to
make decisions in accordance with 5 U.S.C. 554-557. Failure to appear at
the time set for hearing shall be deemed a waiver of the right to a
hearing and consent to the making of a decision on the record made at
the hearing. Copies of the transcript may be inspected or copied.
(b) The transcript of testimony, the exhibits, and all papers,
documents, and requests filed in the proceedings, shall constitute the
record for decision. The judge will render a written decision upon the
record, which shall set forth his findings of fact and conclusions of
law, and the reasons and basis therefor, and an assessment of a penalty,
if any.
Sec. 11.24 Final administrative action.
Unless a notice of request for an appeal is filed in accordance with
Sec. 11.25 of this subpart C, the administrative law judge's decision
shall constitute the final administrative determination of the Secretary
in the matter and shall become effective 30 calendar days from the date
of the decision.
Sec. 11.25 Appeal.
(a) Either the respondent or the Director may seek an appeal from
the decision of an administrative law judge rendered subsequent to
January 1, 1974, by the filing of a ``Notice of Request for Appeal''
with the Director, Office of Hearings and Appeals, U.S. Department of
the Interior, 801 North Quincy Street, Arlington, Virginia 22203, within
30 calendar days of the date of the administrative law judge's decision.
Such notice shall be accompanied by proof of service on the
administrative law judge and the opposing party.
(b) Upon receipt of such a request, the Director, Office of Hearings
and Appeals, shall appoint an ad hoc appeals board to determine whether
an appeal should be granted, and to hear and decide an appeal. To the
extent they are not inconsistent herewith, the provisions of subpart G
of the Department Hearings and Appeals Procedures in 43 CFR part 4 shall
apply to appeal proceedings under this subpart. The determination of the
board to grant or deny an appeal, as well as its decision on the merits
of an appeal, shall be in writing and become effective as the final
administrative determination of the Secretary in the proceeding on the
date it is rendered, unless otherwise specified therein.
[[Page 31]]
Sec. 11.26 Reporting service.
Copies of decisions in civil penalty proceedings instituted under
statutes referred to in subpart A of this part and rendered subsequent
to June 3, 1970, may be obtained by letter of request addressed to the
Director, Office of Hearings and Appeals, U.S. Department of the
Interior, 801 North Quincy Street, Arlington, Virginia 22203. Fees for
this service shall be as established by the Director of that Office.
PART 12_SEIZURE AND FORFEITURE PROCEDURES--Table of Contents
Subpart A_General Provisions
Sec.
12.1 Purpose of regulations.
12.2 Scope of regulations.
12.3 Definitions.
12.4 Filing of documents.
12.5 Seizure by other agencies.
12.6 Bonded release.
Subpart B_Preliminary Requirements
12.11 Notification of seizure.
12.12 Appraisement.
Subpart C_Forfeiture Proceedings
12.21 Criminal prosecutions.
12.22 Civil actions to obtain forfeiture.
12.23 Administrative forfeiture proceedings.
12.24 Petition for remission of forfeiture.
12.25 Transfers in settlement of civil penalty claims.
Subpart D_Disposal of Forfeited or Abandoned Property
12.30 Purpose.
12.31 Accountability.
12.32 Effect of prior illegality.
12.33 Disposal.
12.34 Return to the wild.
12.35 Use by the Service or transfer to another government agency for
official use.
12.36 Donation or loan.
12.37 Sale.
12.38 Destruction.
12.39 Information on property available for disposal.
Subpart E_Restoration of Proceeds and Recovery of Storage Costs
12.41 Petition for restoration of proceeds.
12.42 Recovery of certain storage costs.
Subpart F_Return of Property
12.51 Return procedure.
Authority: Act of September 6, 1966, 5 U.S.C. 301; Bald and Golden
Eagles Protection Act, 16, U.S.C. 668-668b; National Wildlife Refuge
System Administration Act, 16 U.S.C. 668dd(e)-(f); Migratory Bird Treaty
Act, 16 U.S.C. 704, 706-707, 712; Migratory Bird Hunting and
Conservation Stamp Act, 16 U.S.C. 718f-718g; Fish and Wildlife Act of
1956 [Airborne Hunting Amendments], 16 U.S.C. 742j-l(d)-(f); Black Bass
Act, 16 U.S.C. 852d-853; Marine Mammal Protection Act of 1972, 16 U.S.C.
1375-1377, 1382; Endangered Species Act of 1973, 16 U.S.C. 1540; Lacey
Act, 18 U.S.C. 43, 44; Lacey Act Amendments of 1981, 95 Stat. 1073-1080,
16 U.S.C. 3371 et seq.; Tariff Act of 1930, 19 U.S.C. 1602-1624; Fish
and Wildlife Improvement Act of 1978, 16 U.S.C. 742l; Exotic Organisms,
E.O. 11987, 42 FR 26949; American Indian Religious Freedom Act, 42
U.S.C. 1996.
Source: 45 FR 17864, Mar. 19, 1980, unless otherwise noted.
Subpart A_General Provisions
Sec. 12.1 Purpose of regulations.
The regulations of this part establish procedures relating to
property seized or subject to forfeiture under various laws enforced by
the Service.
Sec. 12.2 Scope of regulations.
Except as hereinafter provided, the regulations of this part apply
to all property seized or subject to forfeiture under any of the
following laws:
(a) The Eagle Protection Act, 16 U.S.C. 668 et seq.;
(b) The National Wildlife Refuge System Administration Act, 16
U.S.C. 668dd et seq.;
(c) The Migratory Bird Treaty Act, 16 U.S.C. 703 et seq.;
(d) The Migratory Bird Hunting Stamp Act, 16 U.S.C. 718 et seq.;
(e) The Airborne Hunting Act, 16 U.S.C. 742j-1;
(f) The Black Bass Act, 16 U.S.C. 851 et seq.;
(g) The Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.;
(h) The Endangered Species Act, 16 U.S.C. 1531 et seq.; and
(i) The Lacey Act, 18 U.S.C. 43-44.
(j) The Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.
[45 FR 17864, Mar. 19, 1980; 45 FR 31725, May 14, 1980, as amended at 47
FR 56860, Dec. 21, 1982]
[[Page 32]]
Sec. 12.3 Definitions.
(a) As used in this part:
(1) Attorney General means the Attorney General of the United States
or an authorized representative;
(2) Disposal includes, but is not limited to, remission, return to
the wild, use by the Service or transfer to another government agency
for official use, donation or loan, sale, or destruction.
(3) Domestic value means the price at which the seized property or
similar property is freely offered for sale at the time and place of
appraisement, in the same quantity or quantities as seized, and in the
oridinary course of trade. If there is no market for the seized property
at the place of appraisement, such value in the principal market nearest
to the place of appraisement shall be reported.
(4) Solicitor means the Solicitor of the Department of the Interior
or an authorized representative.
(b) The definitions of paragraph (a) of this section are in addition
to, and not in lieu of, those contained in Sec. Sec. 1.1 through 1.8
and 10.12 of this title.
[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 17525, Apr. 23, 1982]
Sec. 12.4 Filing of documents.
(a) Whenever any document is required by this part to be filed or
served within a certain period of time, such document will be considered
filed or served as of the date of receipt by the party with or upon whom
filing or service is required. The time periods established by this part
shall begin to run on the day following the date of filing or service.
(b) If an oral or written application is made before the expiration
of a time period established by this part, an extension of such period
for a fixed number of days may be granted where there are reasonable
grounds for the failure to file or serve the document within the period
required. Any such extension shall be in writing. Except as provided in
this paragraph, no other requests for an extension shall be granted.
Sec. 12.5 Seizure by other agencies.
Any authorized employee or officer of any other Federal agency who
has seized any wildlife or other property under any of the laws listed
in Sec. 12.2 will, if so requested, deliver such seizure to the
appropriate Special Agent in Charge designated in Sec. 10.22 of this
title, or to an authorized designee, who shall either hold such seized
wildlife or other property or arrange for its proper handling and care.
Sec. 12.6 Bonded release.
(a) Subject to the conditions set forth in paragraphs (b) and (c) of
this section, and to such additional conditions as may be appropriate,
the Service, in its discretion, may accept an appearance bond or other
security (including, but not limited to, payment of the value as
determined under Sec. 12.12) in place of any property seized under the
Endangered Species Act, 16 U.S.C. 1531 et seq.; Marine Mammal Protection
Act, 16 U.S.C. 1361 et seq.; Lacey Act, 18 U.S.C. 43; Lacey Act
Amendments of 1981, 16 U.S.C. 3371 et seq.; Airborne Hunting Act, 16
U.S.C. 742j-1; or Eagle Protection Act, 16 U.S.C. 668 et seq.
(b) Property may be released under this section only to the owner or
consignee.
(c) Property may be released under this section only if possession
thereof will not violate or frustrate the purpose or policy of any
applicable law or regulation.
[45 FR 17864, Mar. 19, 1980; 45 FR 31725, May 14, 1980, as amended at 47
FR 56860, Dec. 21, 1982]
Subpart B_Preliminary Requirements
Sec. 12.11 Notification of seizure.
Except where the owner or consignee is personally notified or
seizure is made pursuant to a search warrant, the Service shall, as soon
as practicable following the seizure or other receipt of seized wildlife
or other property, mail a notification of seizure by registered or
certified mail, return receipt requested, to the owner or consignee, if
known or easily ascertainable. Such notification shall describe the
seized wildlife or other property, and shall
[[Page 33]]
state the time, place, and reason for the seizure.
Sec. 12.12 Appraisement.
The Service shall determine the value of any cargo, of a vessel or
other conveyance employed in unlawful taking, seized under the Marine
Mammal Protection Act, 16 U.S.C. 1361 et seq., and the value of any
property seized under the Endangered Species Act, 16 U.S.C. 1531 et
seq.; Eagle Protection Act, 16 U.S.C. 668 et seq.; Airborne Hunting Act,
16 U.S.C. 742j-1, et seq.; or the Lacey Act Amendments of 1981, 16
U.S.C. 3371 et seq. If the seized property may lawfully be sold in the
United States, its domestic value shall be determined in accordance with
Sec. 12.3. If the seized property may not lawfully be sold in the
United States, its value shall be determined by other reasonable means.
[47 FR 56860, Dec. 21, 1982]
Subpart C_Forfeiture Proceedings
Sec. 12.21 Criminal prosecutions.
If property is subject to criminal forfeiture, such forfeiture will
be obtained in accordance with the Federal Rules of Criminal Procedure.
Sec. 12.22 Civil actions to obtain forfeiture.
The Solicitor may request the Attorney General to file a civil
action to obtain forfeiture of any property subject to forfeiture under
the Airborne Hunting Act, 16 U.S.C. 742j-1; Lacey Act, 18 U.S.C. 43-44;
Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; Black Bass Act, 16
U.S.C. 851 et seq.; Marine Mammal Protection Act, 16 U.S.C. 1361 et
seq.; Migratory Bird Treaty Act, 16 U.S.C. 703 et seq.; Migratory Bird
Hunting Stamp Act, 16 U.S.C. 718 et seq.; Eagle Protection Act, 16
U.S.C. 668 et seq.; or Endangered Species Act, 16 U.S.C. 1531 et seq..
Before any such action is filed against property subject to forfeiture
under the Lacey Act, 18 U.S.C 43, or against property, other than the
cargo of a vessel or other conveyance employed in unlawful taking,
subject to forfeiture under the Marine Mammal Protection Act, 16 U.S.C.
1361 et seq., a civil penalty must first be assessed in accordance with
the statute and applicable regulations, and no such action may be filed
more than 30 days after the conclusion of civil penalty assessment
proceedings.
[47 FR 56860, Dec. 21, 1982]
Sec. 12.23 Administrative forfeiture proceedings.
(a) When authorized. Whenever any property subject to forfeiture
under the Eagle Protection Act, 16 U.S.C. 668 et seq., or Airborne
Hunting Act, 16 U.S.C. 742j-1, or any wildlife or plant subject to
forfeiture under the Endangered Species Act, 16 U.S.C. 1531 et seq., or
any fish, wildlife or plant subject to forfeiture under the Lacey Act
Amendments of 1981, 16 U.S.C. 3371 et seq., is determined under Sec.
12.12 to have a value not greater than $100,000, the Solicitor may
obtain forfeiture of such property in accordance with this section.
(b) Procedure--(1) Notice of proposed forfeiture. As soon as
practicable following seizure, the Solicitor shall issue a notice of
proposed forfeiture.
(A) Publication. The notice shall be published once a week for at
least three successive weeks in a newspaper of general circulation in
the locality where the property was seized. If the value of the seized
property as determined under Sec. 12.12 does not exceed $1000, the
notice may be published by posting, instead of newspaper publication,
for at least three successive weeks in a conspicuous place accessible to
the public at the Service's enforcement office, the U.S. District Court
or the U.S. Customhouse nearest the place of seizure. In cases of
posting, the date of initial posting shall be indicated on the notice.
In addition to newspaper publication or posting, a reasonable effort
shall be made to serve the notice personally or by registered or
certified mail, return receipt requested, on each person whose
whereabouts and interest in the seized property are known or easily
ascertainable.
(B) Contents. The notice shall be in substantially the same form as
a complaint for forfeiture filed in United States District Court. The
notice shall describe the property, including, in the case of motor
vehicles, the license, registration, motor, and serial numbers. The
notice shall state the time and
[[Page 34]]
place of seizure, as well as the reason therefor, and shall specify the
value of the property as determined under Sec. 12.12. The notice shall
contain a specific reference to the provisions of the laws or
regulations allegedly violated and under which the property is subject
to forfeiture. The notice shall state that any person desiring to claim
the property must file a claim and a bond in accordance with paragraph
(b)(2) of this section, and shall state that if a proper claim and bond
are not received by the proper office within the time prescribed by such
paragraph, the property will be declared forfeited to the United States
and disposed of according to law. The notice shall also advise
interested persons of their right to file a petition for remission of
forfeiture in accordance with Sec. 12.24.
(2) Filing a claim and bond. Upon issuance of the notice of proposed
forfeiture, any person claiming the seized property may file with the
Solicitor's office indicated in the notice a claim to the property and a
bond in the penal sum of $5,000, or ten per centum of the value of the
claimed property, whichever is lower, but not less than $250. Any claim
and bond must be received in such office within 30 days after the date
of first publication or posting of the notice of proposed forfeiture.
The claim shall state the claimant's interest in the property. The bond
filed with the claim shall be on a United States Customs Form 4615 or on
a similar form provided by the Department. There shall be endorsed on
the bond a list or schedule in substantially the following form which
shall be signed by the claimant in the presence of the witnesses to the
bond, and attested by the witnesses:
List or schedule containing a particular description of seized
article, claim for which is covered by the within bond, to wit:
________________________________________________________________________
________________________________________________________________________
The foregoing list is correct.
Claimant --------------------
Attest: --------------------
The claim and bond referred to in this paragraph shall not entitle the
claimant or any other person to possession of the property.
(3) Transmittal to Attorney General. As soon as practicable after
timely receipt by the proper office of a proper claim and bond in
accordance with paragraph (b)(2) of this section, the Solicitor shall
transmit such claim and bond to the Attorney General for institution of
forfeiture proceedings in U.S. District Court.
(4) Motion for stay. Upon issuance of the notice of proposed
forfeiture, any person claiming the seized property may file with the
Solicitor's regional or field office indicated in the notice a motion to
stay administrative forfeiture proceedings. Any motion for stay must be
filed within 30 days after the date of first publication or posting of
the notice of the proposed forfeiture. Each motion must contain:
(i) The claimant's verified statement showing that he or she holds
absolute, fee simple title to the seized property, free and clear of all
liens, encumbrances, security interests, or other third-party interests,
contingent or vested; and (ii) the claimant's offer to pay in advance
all reasonable costs anticipated to be incurred in the storage, care,
and maintenance of the seized property for which administrative
forfeiture is sought. Where a stay of administrative forfeiture
proceedings would not injure or impair the rights of any third parties
and where the claimant has agreed to pay in advance anticipated,
reasonable storage costs associated with the granting of a stay, the
Regional or Field Solicitor as appropriate may, in his discretion, grant
the motion for stay and specify reasonable and prudent conditions
therefor, including but not limited to the duration of the stay, a
description of the factors which would automatically terminate the stay,
and any requirement for a bond (including amount) to secure the payment
of storage and other maintenance costs. If a motion for stay is denied,
or if a stay is terminated for any reason, the claimant must file, if he
or she has not already done so, a claim and bond in accordance with
paragraph (b)(2) of this section not later than 30 days after receipt of
the Solicitor's Office denial or termination order. Failure to file the
claim and bond within 30 days will result in summary foreiture under
paragraph (c) of this section.
[[Page 35]]
(c) Summary forfeiture. If a proper claim and bond are not received
by the proper office within 30 days as specified in paragraph (b)(2) of
this section, the Solicitor shall declare the property forfeited. The
declaration of forfeiture shall be in writing, and shall be sent by
registered or certified mail, return receipt requested, to the Service
and to each person whose whereabouts and prior interest in the seized
property are known or easily ascertainable. The declaration shall be in
substantially the same form as a default judgment of forfeiture entered
in United States District Court. The declaration shall describe the
property and state the time, place, and reason for its seizure. The
declaration shall identify the notice of proposed forfeiture, describing
the dates and manner of publication of the notice and any efforts made
to serve the notice personally or by mail. The declaration shall state
that in response to the notice a proper claim and bond were not timely
received by the proper office from any claimant, and that therefore all
potential claimants are deemed to admit the truth of the allegations of
the notice. The declaration shall conclude with an order of condemnation
and forfeiture of the property to the United States for disposition
according to law.
[45 FR 17864, Mar. 19, 1980, as amended at 46 FR 44759, Sept. 8, 1981;
47 FR 56860, Dec. 21, 1982; 50 FR 6350, Feb. 15, 1985]
Sec. 12.24 Petition for remission of forfeiture.
(a) Any person who has an interest in cargo, of a vessel or other
conveyance employed in unlawful taking, subject to forfeiture under the
Marine Mammal Protection Act, 16 U.S.C. 1361 et seq., or any person who
has an interest in any property subject to forfeiture under the
Endangered Species Act, 16 U.S.C. 1531 et seq.; Eagle Protection Act, 16
U.S.C. 668 et seq.; Airborne Hunting Act, 16 U.S.C. 742j-1; or the Lacey
Act Amendments of 1981, 16 U.S.C. 3371 et seq., or any person who has
incurred or is alleged to have incurred a forfeiture of any such
property, may file with the Solicitor or, when forfeiture proceedings
have been brought in U.S. District Court, the Attorney General, a
petition for remission of forfeiture.
(b) A petition filed with the Solicitor need not be in any
particular form, but it must be received before disposition of the
property and must contain the following:
(1) A description of the property;
(2) The time and place of seizure;
(3) Evidence of the petitioner's interest in the property, including
contracts, bills of sale, invoices, security interests, certificates of
title, and other satisfactory evidence; and
(4) A statement of all facts and circumstances relied upon by the
petitioner to justify remission of the forfeiture.
(c) The petition shall be signed by the petitioner or the
petitioner's attorney at law. If the petitioner is a corporation, the
petition must be signed by an authorized officer, supervisory employee,
or attorney at law, and the corporate seal shall be properly affixed to
the signature.
(d) A false statement in the petition may subject the petitioner to
prosecution under title 18, U.S. Code, section 1001.
(e) Upon receiving the petition, the Solicitor shall decide whether
or not to grant relief. In making a decision, the Solicitor shall
consider the information submitted by the petitioner, as well as any
other available information relating to the matter.
(f) If the Solicitor finds the existence of such mitigating
circumstances as to justify remission or mitigation of the forfeiture or
alleged forfeiture, the Solicitor may remit or mitigate the same upon
such terms and conditions as may be reasonable and just or may order
discontinuance of any proceeding under Sec. 12.23
(g) If the Solicitor decides that relief should not be granted, the
Solicitor shall so notify the petitioner in writing, stating in the
notification the reasons for denying relief. The petitioner may then
file a supplemental petition, but no supplemental petition shall be
considered unless it is received within 60 days from the date of the
Solicitor's notification denying the original petition.
[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982]
[[Page 36]]
Sec. 12.25 Transfers in settlement of civil penalty claims.
In the discretion of the Solicitor, an owner of wildlife or plants
who may be liable for civil penalty under the Endangered Species Act, 16
U.S.C. 1531 et seq.; Lacey Act, 18 U.S.C. 43; Lacey Act Amendments of
1981, 16 U.S.C. 3371 et seq.; Eagle Protection Act, 16 U.S.C. 668 et
seq.; or Marine Mammal Protection Act, 16 U.S.C. 1361 et seq., may be
given an opportunity to completely or partially settle the civil penalty
claim by transferring to the United States all right, title, and
interest in any wildlife or plants that are subject to forfeiture. Such
transfer may be accomplished by the owner's execution and return of a
U.S. Customs Form 4607 or a similar compromise transfer of property
instrument provided by the Department.
[47 FR 56861, Dec. 21, 1982]
Subpart D_Disposal of Forfeited or Abandoned Property
Source: 47 FR 17525, Apr. 23, 1982, unless otherwise noted.
Sec. 12.30 Purpose.
Upon forfeiture or abandonment of any property to the United States
under this part the Director shall dispose of such property under the
provisions of this subpart D.
Sec. 12.31 Accountability.
All property forfeited or abandoned under this part must be
accounted for in official records. These records must include the
following information:
(a) A description of the item.
(b) The date and place of the item's seizure (if any) and forfeiture
or abandonment.
(c) The investigative case file number with which the item was
associated.
(d) The name of any person known to have or to have had an interest
in the item.
(e) The date, place, and manner of the item's initial disposal.
(f) Name of the official responsible for the initial disposal.
(g) Domestic value of the property.
Sec. 12.32 Effect of prior illegality.
The effect of any prior illegality on a subsequent holder of any
wildlife or plant disposed of or subject to disposal is terminated upon
forfeiture or abandonment, but the prohibitions, restrictions,
conditions, or requirements which apply to a particular species of
wildlife or plant under the laws or regulations of the United States or
any State, including any applicable conservation, health, quarantine,
agricultural, or Customs laws or regulations remain in effect as to the
conduct of such holder.
Sec. 12.33 Disposal.
(a) The Director shall dispose of any wildlife or plant forfeited or
abandoned under the authority of this part, subject to the restrictions
provided in this subpart, by one of the following means, unless the item
is the subject of a petition for remission of forfeiture under Sec.
12.24 of this part, or disposed of by court order:
(1) Return to the wild;
(2) Use by the Service or transfer to another government agency for
official use;
(3) Donation or loan;
(4) Sale; or
(5) Destruction.
In the exercise of the disposal authority, the Director ordinarily must
dispose of any wildlife or plant in the order in which the disposal
methods appear in this paragraph (a) of this section.
(b) The Director shall dispose of any other property forfeited or
abandoned under the authority of this part (including vehicles, vessels,
aircraft, cargo, guns, nets, traps, and other equipment), except
wildlife or plants, in accordance with current Federal Property
Management Regulations (41 CFR chapter 101) and Interior Property
Management Regulations (41 CFR chapter 114), unless the item is the
subject of a petition for remission of forfeiture under Sec. 12.24 of
this part, or disposed of by court order.
(c) The Director shall dispose of property according to the
following schedule, unless the property is the subject of a petition for
remission of forfeiture under Sec. 12.24 of this part:
[[Page 37]]
(1) Any live wildlife or plant and any wildlife or plant that the
Director determines is liable to perish, deteriorate, decay, waste, or
greatly decrease in value by keeping, or that the expense of keeping is
disproportionate to its value may be disposed of immediately after
forfeiture or abandonment; and
(2) All other property may be disposed of no sooner than 60 days
after forfeiture or abandonment.
(d) If the property is the subject of a petition for remission of
forfeiture under Sec. 12.24 of this part, the Director may not dispose
of the property until the Solicitor or Attorney General makes a final
decision not to grant relief.
Sec. 12.34 Return to the wild.
(a) Any live member of a native species of wildlife which is capable
of surviving may be released to the wild in suitable habitat within the
historical range of the species in the United States with the permission
of the landowner, unless release poses an imminent danger to public
health or safety.
(b) Any live member of a native species of plant which is capable of
surviving may be transplanted in suitable habitat on Federal or other
protected lands within the historical range of the species in the United
States with the permission of the landowner.
(c) Any live member of an exotic species of wildlife (including
injurious wildlife) or plant may not be returned to the wild in the
U.S., but may be returned to one of the following countries for return
to suitable habitat in accordance with the provisions of Sec. 12.35 of
this part if it is capable of surviving:
(1) The country of export (if known) after consultation with and at
the expense of the country of export, or
(2) A country within the historic range of the species which is
party to the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (TIAS 8249) after consultation with and at the
expense of such country.
Sec. 12.35 Use by the Service or transfer to another government agency
for official use.
(a) Wildlife and plants may be used by the Service or transferred to
another government agency (including foreign agencies) for official use
including, but not limited to, one or more of the following purposes:
(1) Training government officials to perform their official duties;
(2) Identifying protected wildlife or plants, including forensic
identification or research;
(3) Educating the public concerning the conservation of wildlife or
plants;
(4) Conducting law enforcement operations in performance of official
duties;
(5) Enhancing the propagation or survival of a species or other
scientific purposes;
(6) Presenting as evidence in a legal proceeding involving the
wildlife or plant; or
(7) Returning to the wild in accordance with Sec. 12.34 of this
part.
(b) Each transfer and the terms of the transfer must be documented.
(c) The agency receiving the wildlife or plants may be required to
bear all costs of care, storage, and transportation in connection with
the transfer from the date of seizure to the date of delivery.
Sec. 12.36 Donation or loan.
(a) Except as otherwise provided in this section, wildlife and
plants may be donated or loaned for scientific, educational, or public
display purposes to any person who demonstrates the ability to provide
adequate care and security for the item.
(b) Any donation or loan may be made only after execution of a
transfer document between the Director and the donee/borrower, which is
subject to the following conditions:
(1) The purpose for which the wildlife or plants are to be used must
be stated on the transfer document;
(2) Any attempt by the donee/borrower to use the donation or loan
for any other purpose except that stated on the transfer document
entitles the Director to immediate repossession of the wildlife or
plants;
[[Page 38]]
(3) The donee/borrower must pay all costs associated with the
transfer, including the costs of care, storage, transportation, and
return to the Service (if applicable);
(4) The donee/borrower may be required to account periodically for
the donation or loan;
(5) The donee/borrower is not relieved from the prohibitions,
restrictions, conditions, or requirements which may apply to a
particular species of wildlife or plant imposed by the laws or
regulations of the United States or any State, including any applicable
health, quarantine, agricultural, or Customs laws or regulations.
(6) Any attempt by a donee to retransfer the donation during the
time period specified in the transfer document within which the donee
may not retransfer the donation without the prior authorization of the
Director entitles the Director to immediate repossession of the wildlife
or plants;
(7) Any attempt by a borrower to retransfer the loan without the
prior authorization of the Director entitles the Director to immediate
repossession of the wildlife or plants;
(8) Subject to applicable limitations of law, duly authorized
Service officers at all reasonable times shall, upon notice, be afforded
access to the place where the donation or loan is kept and an
opportunity to inspect it;
(9) Any donation is subject to conditions specified in the transfer
document, the violation of which causes the property to revert to the
United States;
(10) Any loan is for an indefinite period of time unless a date on
which the loan must be returned to the Service is stated on the transfer
document; and
(11) Any loan remains the property of the United States, and the
Director may demand its return at any time.
(c) Wildlife and plants may be donated to individual American
Indians for the practice of traditional American Indian religions. Any
donation of the parts of bald or golden eagles to American Indians may
only be made to individuals authorized by permit issued in accordance
with Sec. 22.22 of this title to possess such items.
(d) Edible wildlife, fit for human consumption, may be donated to a
non-profit, tax-exempt charitable organization for use as food, but not
for barter or sale.
(e) Wildlife and plants may be loaned to government agencies
(including foreign agencies) for official use. Each transfer and the
terms of the transfer must be documented.
Sec. 12.37 Sale.
(a) Wildlife and plants may be sold or offered for sale, except any
species which at the time it is to be sold or offered for sale falls
into one of the following categories:
(1) Listed in Sec. 10.13 of this title as a migratory bird
protected by the Migratory Bird Treaty Act (16 U.S.C. 703-712);
(2) Protected under the Eagle Protection Act (16 U.S.C. 668-668d);
(3) Listed in Sec. 23.33 of this title as ``Appendix I'' under the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora;
(4) Listed in Sec. 17.11 of this title as ``endangered'' or
``threatened'' under the Endangered Species Act of 1973 (16 U.S.C.
1533), unless the item or species may be lawfully traded in interstate
commerce; and
(5) Protected under the Marine Mammal Protection Act (16 U.S.C.
1361-1407), unless the item or species may be lawfully traded in
interstate commerce.
(b) Wildlife and plants must be sold in accordance with current
Federal Property Management Regulations (41 CFR chapter 101) and
Interior Property Management Regulations (41 CFR chapter 114) or U.S.
Customs laws and regulations, except the Director may sell any wildlife
or plant immediately for its fair market value if the Director
determines that it is liable to perish, deteriorate, decay, waste, or
greatly decrease in value by keeping, or that the expense of keeping it
is disproportionate to its value.
(c) Wildlife or plants which may not be possessed lawfully by
purchasers under the laws of the State where held may be moved to a
State where possession is lawful and may be sold.
(d) Wildlife or plants purchased at sale are subject to the
prohibitions, restrictions, conditions, or requirements which apply to a
particular species of wildlife or plant imposed by the laws or
[[Page 39]]
regulations of the United States or any State, including any applicable
conservation, health, quarantine, agricultural, or Customs laws or
regulations, except as provided by Sec. 12.32 of this part.
(e) The Director may use the proceeds of sale to reimburse the
Service for any costs which by law the Service is authorized to recover
or to pay any rewards which by law may be paid from sums the Service
receives.
Sec. 12.38 Destruction.
(a) Wildlife and plants not otherwise disposed of must be destroyed.
(b) When destroyed, the fact, manner, and date of destruction and
the type and quantity destroyed must be certified by the official
actually destroying the items.
Sec. 12.39 Information on property available for disposal.
Persons interested in obtaining information on property which is
available for disposal should contact the appropriate Special Agent in
Charge listed in Sec. 10.22 of this title.
Subpart E_Restoration of Proceeds and Recovery of Storage Costs
Sec. 12.41 Petition for restoration of proceeds.
(a) Any person claiming any property or interest therein which has
been forfeited under the Endangered Species Act, 16 U.S.C. 1531 et seq.;
Eagle Protection Act, 16 U.S.C. 668 et seq.; Airborne Hunting Act, 16
U.S.C. 742j-1; or the Lacey Act Amendments of 1981, 16 U.S.C. 3371 et
seq., and sold according to law, or any person claiming cargo or an
interest therein, of a vessel or other conveyance employed in unlawful
taking which has been forfeited under the Marine Mammal Protection Act,
16 U.S.C. 1361 et seq., and sold according to law, may file with the
Solicitor or, where forfeiture proceedings have been brought in U.S.
District Court, the Attorney General, a petition for restoration of
proceeds.
(b) A petition filed with the Solicitor need not be in any
particular form, but it must be received within three months after the
date of sale of the property and must contain the following:
(1) A description of the property;
(2) The time and place of seizure;
(3) Evidence of the petitioner's interest in the property, including
contracts, bills of sale, invoices, security interests, certificates of
title, and other satisfactory evidence;
(4) A request for restoration of the proceeds or such part thereof
as is claimed by the petitioner; and
(5) A statement of all facts and circumstances relied upon by the
petitioner to justify restoration of the proceeds, including proof that
the petitioner did not know of the seizure before the declaration or
order of forfeiture and was in such circumstances as prevented the
petitioner from knowing of the same.
(c) The petition shall be signed by the petitioner or the
petitioner's attorney at law. If the petitioner is a corporation, the
petition must be signed by an authorized officer, supervisory employee,
or attorney at law, and the corporate seal shall be properly affixed to
the signature.
(d) A false statement in the petition may subject the petitioner to
prosecution under title 18, U.S. Code, section 1001.
(e) Upon receiving the petition, the Solicitor shall decide whether
or not to grant relief. In making a decision, the Solicitor shall
consider the information submitted by the petitioner, as well as any
other available information relating to the matter.
(f) If the Solicitor finds the existence of such mitigating
circumstances as to justify restoration of the proceeds or any part
thereof and that the petitioner did not know of the seizure before the
declaration or order of forfeiture and was in such circumstances as
prevented the petitioner from knowing of the same, the Solicitor may
order the proceeds or any part thereof restored to the petitioner, after
deducting from such proceeds the costs of seizure, storage, forfeiture
and disposition, the duties, if any, accruing on the seized property,
and any sum due on a lien for freight, charges, or contribution in
general average, notice of which has been filed with the Solicitor
according to law.
[[Page 40]]
(g) If the Solicitor decides that relief should not be granted, the
Solicitor shall so notify the petitioner in writing, stating in the
notification the reasons for denying relief. The petitioner may then
file a supplemental petition, but no supplemental petition shall be
considered unless it is received within 60 days from the date of the
Solicitor's notification denying the original petition.
[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982]
Sec. 12.42 Recovery of certain storage costs.
If any wildlife, plant, or evidentiary item is seized and forfeited
under the Endangered Species Act, 16 U.S.C. 1531 et seq., any person
whose act or omission was the basis for the seizure may be charged a
reasonable fee for expenses to the United States connected with the
transfer, board, handling, or storage of such property. If any fish,
wildlife or plant is seized in connection with a violation of the Lacey
Act Amendments of 1981, 16 U.S.C. 3371, et seq., any person convicted
thereof, or assessed a civil penalty therefor, may be assessed a
reasonable fee for expenses of the United States connected with the
storage, care and maintenance of such property. Within a reasonable time
after forfeiture, the Service shall send to such person by registered or
certified mail, return receipt requested, a bill for such fee. The bill
shall contain an itemized statement of the applicable costs, together
with instructions on the time and manner of payment. Payment shall be
made in accordance with the bill. The recipient of any assessment of
costs under this section who has an objection to the reasonableness of
the costs described in the bill may, within 30 days of the date on which
he received the bill, file written objections with the Regional Director
of the Fish and Wildlife Service for the Region in which the seizure
occurred. Upon receipt of the written objections, the appropriate
Regional Director will promptly review them and within 30 days mail his
final decision to the party who filed objections. In all cases, the
Regional Director's decision shall constitute final administrative
action on the matter.
[47 FR 56861, Dec. 21, 1982]
Subpart F_Return of Property
Sec. 12.51 Return procedure.
If, at the conclusion of the appropriate proceedings, seized
property is to be returned to the owner or consignee, the Solicitor or
Service shall issue a letter or other document authorizing its return.
This letter or other document shall be delivered personally or sent by
registered or certified mail, return receipt requested, and shall
identify the owner or consignee, the seized property, and, if
appropriate, the bailee of the seized property. It shall also provide
that upon presentation of the letter or other document and proper
identification, and the signing of a receipt provided by the Service,
the seized property is authorized to be released, provided it is
properly marked in accordance with applicable State or Federal
requirements.
PART 13_GENERAL PERMIT PROCEDURES--Table of Contents
Subpart A_Introduction
Sec.
13.1 General.
13.2 Purpose of regulations.
13.3 Scope of regulations.
13.4 Emergency variation from requirements.
13.5 Information collection requirements.
Subpart B_Application for Permits
13.11 Application procedures.
13.12 General information requirements on applications for permits.
Subpart C_Permit Administration
13.21 Issuance of permits.
13.22 Renewal of permits.
13.23 Amendment of permits.
13.24 Right of succession by certain persons.
13.25 Transfer of permits and scope of permit authorization.
13.26 Discontinuance of permit activity.
13.27 Permit suspension.
13.28 Permit revocation.
13.29 Review procedures.
Subpart D_Conditions
13.41 Humane conditions.
[[Page 41]]
13.42 Permits are specific.
13.43 Alteration of permits.
13.44 Display of permit.
13.45 Filing of reports.
13.46 Maintenance of records.
13.47 Inspection requirement.
13.48 Compliance with conditions of permit.
13.49 Surrender of permit.
13.50 Acceptance of liability.
Authority: 16 U.S.C. 668(a), 704, 712, 742j-l, 1374(g), 1382,
1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C. 1202;
31 U.S.C. 9701.
Source: 39 FR 1161, Jan. 4, 1974, unless otherwise noted.
Subpart A_Introduction
Sec. 13.1 General.
Each person intending to engage in an activity for which a permit is
required by this subchapter B shall, before commencing such activity,
obtain a valid permit authorizing such activity. Each person who desires
to obtain the permit privileges authorized by this subchapter must make
application for such permit in accordance with the requirements of this
part 13 and the other regulations in this subchapter which set forth the
additional requirements for the specific permits desired. If the
activity for which permission is sought is covered by the requirements
of more than one part of this subchapter, the requirements of each part
must be met. If the information required for each specific permitted
activity is included, one application will be accepted for all permits
required, and a single permit will be issued.
Sec. 13.2 Purpose of regulations.
The regulations contained in this part provide uniform rules,
conditions, and procedures for the application for and the issuance,
denial, suspension, revocation, and general administration of all
permits issued pursuant to this subchapter B.
[54 FR 38147, Sept. 14, 1989]
Sec. 13.3 Scope of regulations.
The provisions in this part are in addition to, and are not in lieu
of, other permit regulations of this subchapter and apply to all permits
issued thereunder, including ``Import and Marking'' (part 14), ``Feather
Imports'' (part 15), ``Injurious Wildlife'' (part 16), ``Endangered
Wildlife and Plants'' (part 17), ``Marine Mammals'' (part 18),
``Migratory Birds'' (part 21), ``Eagles'' (part 22) and ``Endangered
Species Convention'' (part 23). As used in this part 13, the term
``permit'' shall refer to either a license, permit, or certificate as
the context may require.
[42 FR 10465, Feb. 22, 1977, as amended at 42 FR 32377, June 24, 1977;
45 FR 56673, Aug. 25, 1980]
Sec. 13.4 Emergency variation from requirements.
The Director may approve variations from the requirements of this
part when he finds that an emergency exists and that the proposed
variations will not hinder effective administration of this subchapter
B, and will not be unlawful.
Sec. 13.5 Information collection requirements.
(a) The Office of Management and Budget approved the information
collection requirements contained in this part 13 under 44 U.S.C. and
assigned OMB Control Number 1018-0092. The Service may not conduct or
sponsor, and you are not required to respond, to a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria
established in various Federal wildlife conservation statutes and
regulations, on the issuance, suspension, revocation, or denial permits.
You must respond to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting
requirements to vary from 15 minutes to 4 hours per response, with an
average of 0.803 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and
reviewing the forms. Direct comments regarding the burden estimate or
any other aspect of these reporting requirements to the Service
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and
Wildlife Service, Washington, DC 20240, or the Office of
[[Page 42]]
Management and Budget, Paperwork Reduction Project (1018-0092),
Washington, DC 20603.
[63 FR 52634, Oct. 1, 1998]
Subpart B_Application for Permits
Sec. 13.11 Application procedures.
The Service may not issue a permit for any activity authorized by
this subchapter B unless the applicant has filed an application in
accordance with the following procedures. Applicants do not have to
submit a separate application for each permit unless otherwise required
by this subchapter.
(a) Forms. Applications must be submitted in writing on a Federal
Fish and Wildlife License/Permit Application (Form 3-200) or as
otherwise specifically directed by the Service.
(b) Forwarding instructions. Applications for permits in the
following categories should be forwarded to the issuing office indicated
below.
(1) Migratory bird banding permits (50 CFR 21.22)--Bird Banding
Laboratory, Office of Migratory Bird Management, U.S. Fish and Wildlife
Service, Laurel, Maryland 20708. (Special application forms must be used
for bird banding permits. They may be obtained by writing to the Bird
Banding Laboratory).
(2) Exception to designated port (50 CFR part 14), import/export
license (50 CFR 14.93), migratory bird permit, other than banding (50
CFR part 21) and Bald or Golden eagle permits (50 CFR part 22)--
Assistant Regional Director for Law Enforcement of District in which the
applicant resides (see 50 CFR 10.22 for addresses and boundaries of the
Law Enforcement Districts).
(3) Feather quota (50 CFR part 15), injurious wildlife (50 CFR part
16), endangered and threatened species (50 CFR part 17), marine mammal
(50 CFR part 18) and permits and certificates for the Convention on
International Trade in Endangered Species (CITES) (50 CFR part 23)--U.S.
Fish and Wildlife Service, Federal Wildlife Permit Office, P.O. Box
3654, Arlington, Virginia 22203.
(c) Time notice. The Service will process all applications as
quickly as possible. However, it cannot guarantee final action within
the time limits the applicant requests. Applicants for endangered
species and marine mammal permits should submit applications to the
Office of Management Authority which are postmarked at least 90 calendar
days prior to the requested effective date. Applicants for all other
permits should submit applications to the issuing office which are
postmarked at least 60 days prior to the requested effective date.
(d) Fees. (1) Unless otherwise exempted by this paragraph,
applicants for issuance or renewal of permits must pay the required
permit processing fee at the time of application. Applicants should pay
fees by check or money order made payable to ``U.S. Fish and Wildlife
Service.'' The Service will not refund any application fee under any
circumstances if the Service has processed the application. However, the
Service may return the application fee if the applicant withdraws the
application before the Service has significantly processed it.
(2) Except as provided in paragraph (d)(4) of this section the fee
for processing any application is $25.00. If regulations in this
subchapter require more than one type of permit for an activity, and the
permits are issued by the same office, the issuing office may issue one
consolidated permit authorizing the activity. The issuing office may
charge only the highest single fee for the activity permitted.
(3) A fee shall not be charged to any Federal, State or local
government agency, nor to any individual or institution under contract
to such agency for the proposed activities. The fee may be waived or
reduced for public institutions (see 50 CFR 10.12). Proof of such status
must accompany the application.
(4) Nonstandard fees.
------------------------------------------------------------------------
Type of permit Fee
------------------------------------------------------------------------
Import/Export License (Section 14.93)....... $50.
Marine Mammal (Section 18.31)............... $100.
Migratory Bird-Banding or Marking (21.22)... None.
Bald or Golden Eagles (Part 22)............. None.
------------------------------------------------------------------------
(e) Abandoned or incomplete applications. Upon receipt of an
incomplete or improperly executed application, or if the applicant does
not submit the proper fees, the issuing office will notify the applicant
of the deficiency. If the
[[Page 43]]
applicant fails to supply the correct information to complete the
application or to pay the required fees within 45 calendar days of the
date of notification, the Service will consider the application
abandoned. The Service will not refund any fees for an abandoned
application.
[47 FR 30785, July 15, 1982, as amended at 50 FR 52889, Dec. 26, 1985;
54 FR 4031, Jan. 27, 1989; 54 FR 38147, Sept. 14, 1989; 61 FR 31868,
June 21, 1996]
Sec. 13.12 General information requirements on applications for permits.
(a) General information required for all applications. All
applications must contain the following information:
(1) Applicant's full name, mailing address, telephone number(s),
and,
(i) If the applicant is an individual, the date of birth, height,
weight, hair color, eye color, sex, and any business or institutional
affiliation of the applicant related to the requested permitted
activity; or
(ii) If the applicant is a corporation, firm, partnership,
association, institution, or public or private agency, the name and
address of the president or principal officer and of the registered
agent for the service of process;
(2) Location where the requested permitted activity is to occur or
be conducted;
(3) Reference to the part(s) and section(s) of this subchapter B as
listed in paragraph (b) of this section under which the application is
made for a permit or permits, together with any additional
justification, including supporting documentation as required by the
referenced part(s) and section(s);
(4) If the requested permitted activity involves the import or re-
export of wildlife or plants from or to any foreign country, and the
country of origin, or the country of export or re-export restricts the
taking, possession, transportation, exportation, or sale of wildlife or
plants, documentation as indicated in Sec. 14.52(c) of this subchapter
B;
(5) Certification in the following language:
I hereby certify that I have read and am familiar with the
regulations contained in title 50, part 13, of the Code of Federal
Regulations and the other applicable parts in subchapter B of chapter I
of title 50, Code of Federal Regulations, and I further certify that the
information submitted in this application for a permit is complete and
accurate to the best of my knowledge and belief. I understand that any
false statement herein may subject me to suspension or revocation of
this permit and to the criminal penalties of 18 U.S.C. 1001.
(6) Desired effective date of permit except where issuance date is
fixed by the part under which the permit is issued;
(7) Date;
(8) Signature of the applicant; and
(9) Such other information as the Director determines relevant to
the processing of the application.
(b) Additional information required on permit applications. As
stated in paragraph (a)(3) of this section certain additional
information is required on all applications. These additional
requirements may be found by referring to the section of this subchapter
B cited after the type of permit for which application is being made:
------------------------------------------------------------------------
Type of permit Section
------------------------------------------------------------------------
Importation at nondesignated ports:
Scientific................................................ 14.31
Deterioration prevention.................................. 14.32
Economic hardship......................................... 14.33
Marking of package or container:
Symbol marking............................................ 14.83
Import/export license..................................... 14.93
Feather import quota: Importation or entry.................. 15.21
Injurious wildlife: Importation or shipment................. 16.22
Endangered wildlife and plant permits:
Similarity of appearance.................................. 17.52
Scientific, enhancement of propagation or survival, 17.22
incidental taking for wildlife...........................
Scientific, propagation, or survival for plants........... 17.62
Economic hardship for wildlife............................ 17.23
Economic hardship for plants.............................. 17.63
Threatened wildlife and plant permits:
Similarity of appearance.................................. 17.52
General for wildlife...................................... 17.32
American alligator-buyer or tanner........................ 17.42(a)
General for plants........................................ 17.72
Marine mammals permits:
Scientific research....................................... 18.31
Public display............................................ 18.31
Migratory bird permits:
Banding or marking........................................ 21.22
Scientific collecting..................................... 21.23
Taxidermist............................................... 21.24
Waterfowl sale and disposal............................... 21.25
Special aviculturist...................................... 21.26
Special purpose........................................... 21.27
Falconry.................................................. 21.28
Raptor propagation permit................................. 21.30
Depredation control....................................... 21.41
Eagle permits:
Scientific or exhibition.................................. 22.21
Indian religious use...................................... 22.22
Depredation control....................................... 22.23
Falconry purposes......................................... 22.24
[[Page 44]]
Take of golden eagle nests................................ 22.25
Endangered Species Convention permits....................... 23.15
------------------------------------------------------------------------
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 10465, Feb. 22, 1977; 42
FR 32377, June 24, 1977; 44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct.
12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154, Nov. 25, 1980; 46 FR
42680, Aug. 24, 1981; 48 FR 31607, July 8, 1983; 48 FR 57300, Dec. 29,
1983; 50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. 31, 1985; 54 FR
38147, Sept. 14, 1989]
Subpart C_Permit Administration
Sec. 13.21 Issuance of permits.
(a) No permit may be issued prior to the receipt of a written
application therefor, unless a written variation from the requirements,
as authorized by Sec. 13.4, is inserted into the official file of the
Bureau. An oral or written representation of an employee or agent of the
United States Government, or an action of such employee or agent, shall
not be construed as a permit unless it meets the requirements of a
permit as defined in 50 CFR 10.12.
(b) Upon receipt of a properly executed application for a permit,
the Director shall issue the appropriate permit unless:
(1) The applicant has been assessed a civil penalty or convicted of
any criminal provision of any statute or regulation relating to the
activity for which the application is filed, if such assessment or
conviction evidences a lack of responsibility.
(2) The applicant has failed to disclose material information
required, or has made false statements as to any material fact, in
connection with his application;
(3) The applicant has failed to demonstrate a valid justification
for the permit and a showing of responsibility;
(4) The authorization requested potentially threatens a wildlife or
plant population, or
(5) The Director finds through further inquiry or investigation, or
otherwise, that the applicant is not qualified.
(c) Disqualifying factors. Any one of the following will disqualify
a person from receiving permits issued under this part.
(1) A conviction, or entry of a plea of guilty or nolo contendere,
for a felony violation of the Lacey Act, the Migratory Bird Treaty Act,
or the Bald and Golden Eagle Protection Act disqualifies any such person
from receiving or exercising the privileges of a permit, unless such
disqualification has been expressly waived by the Director in response
to a written petition.
(2) The revocation of a permit for reasons found in Sec. 13.28
(a)(1) or (a)(2) disqualifies any such person from receiving or
exercising the privileges of a similar permit for a period of five years
from the date of the final agency decision on such revocation.
(3) The failure to pay any required fees or assessed costs and
penalties, whether or not reduced to judgement disqualifies such person
from receiving or exercising the privileges of a permit as long as such
moneys are owed to the United States. This requirement shall not apply
to any civil penalty presently subject to administrative or judicial
appeal; provided that the pendency of a collection action brought by the
United States or its assignees shall not constitute an appeal within the
meaning of this subsection.
(4) The failure to submit timely, accurate, or valid reports as
required may disqualify such person from receiving or exercising the
privileges of a permit as long as the deficiency exists.
(d) Use of supplemental information. The issuing officer, in making
a determination under this subsection, may use any information available
that is relevant to the issue. This may include any prior conviction, or
entry of a plea of guilty or nolo contendere, or assessment of civil or
criminal penalty for a violation of any Federal or State law or
regulation governing the permitted activity. It may also include any
prior permit revocations or suspensions, or any reports of State or
local officials. The issuing officer shall consider all relevant facts
or information available, and may make independent inquiry or
investigation to verify information or substantiate qualifications
asserted by the applicant.
(e) Conditions of issuance and acceptance. (1) Any permit
automatically incorporates within its terms the conditions and
requirements of subpart D of
[[Page 45]]
this part and of any part(s) or section(s) specifically authorizing or
governing the activity for which the permit is issued.
(2) Any person accepting and holding a permit under this subchapter
B acknowledges the necessity for close regulation and monitoring of the
permitted activity by the Government. By accepting such permit, the
permittee consents to and shall allow entry by agents or employees of
the Service upon premises where the permitted activity is conducted at
any reasonable hour. Service agents or employees may enter such premises
to inspect the location; any books, records, or permits required to be
kept by this subchapter B; and any wildlife or plants kept under
authority of the permit.
(f) Term of permit. Unless otherwise modified, a permit is valid
during the period specified on the face of the permit. Such period shall
include the effective date and the date of expiration.
(g) Denial. The issuing officer may deny a permit to any applicant
who fails to meet the issuance criteria set forth in this section or in
the part(s) or section(s) specifically governing the activity for which
the permit is requested.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 47
FR 30785, July 15, 1982; 54 FR 38148, Sept. 14, 1989]
Sec. 13.22 Renewal of permits.
(a) Application for renewal. Applicants for renewal of a permit must
submit a written application at least 30 days prior to the expiration
date of the permit. Applicants must certify in the form required by
Sec. 13.12(a)(5) that all statements and information in the original
application remain current and correct, unless previously changed or
corrected. If such information is no longer current or correct, the
applicant must provide corrected information.
(b) Renewal criteria. The Service shall issue a renewal of a permit
if the applicant meets the criteria for issuance in Sec. 13.21(b) and
is not disqualified under Sec. 13.21(c).
(c) Continuation of permitted activity. Any person holding a valid,
renewable permit, who has complied with this section, may continue the
activities authorized by the expired permit until the Service has acted
on such person's application for renewal.
(d) Denial. The issuing officer may deny renewal of a permit to any
applicant who fails to meet the issuance criteria set forth in Sec.
13.21 of this part, or in the part(s) or section(s) specifically
governing the activity for which the renewal is requested.
[54 FR 38148, Sept. 14, 1989]
Sec. 13.23 Amendment of permits.
(a) Permittee's request. Where circumstances have changed so that a
permittee desires to have any condition of his permit modified, such
permittee must submit a full written justification and supporting
information in conformity with this part and the part under which the
permit was issued.
(b) The Service reserves the right to amend any permit for just
cause at any time during its term, upon written finding of necessity,
provided that any such amendment of a permit issued under Sec. 17.22(b)
through (d) or Sec. 17.32(b) through (d) of this subchapter shall be
consistent with the requirements of Sec. 17.22(b)(5), (c)(5) and (d)(5)
or Sec. 17.32(b)(5), (c)(5) and (d)(5) of this subchapter,
respectively.
(c) Change of name or address. A permittee is not required to obtain
a new permit if there is a change in the legal individual or business
name, or in the mailing address of the permittee. A permittee is
required to notify the issuing office within 10 calendar days of such
change. This provision does not authorize any change in location of the
conduct of the permitted activity when approval of the location is a
qualifying condition of the permit.
[54 FR 38148, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]
Sec. 13.24 Right of succession by certain persons.
(a) Certain persons other than the permittee are authorized to carry
on a permitted activity for the remainder of the term of a current
permit, provided they comply with the provisions of paragraph (b) of
this section. Such persons are the following:
(1) The surviving spouse, child, executor, administrator, or other
legal
[[Page 46]]
representative of a deceased permittee; or
(2) A receiver or trustee in bankruptcy or a court designated
assignee for the benefit of creditors.
(b) In order to qualify for the authorization provided in this
section, the person or persons desiring to continue the activity shall
furnish the permit to the issuing officer for endorsement within 90 days
from the date the successor begins to carry on the activity.
(c) In the case of permits issued under Sec. 17.22(b) through (d)
or Sec. 17.32(b) through (d) of this subchapter B, the successor's
authorization under the permit is also subject to a determination by the
Service that:
(1) The successor meets all of the qualifications under this part
for holding a permit;
(2) The successor has provided adequate written assurances that it
will provide sufficient funding for the conservation plan or Agreement
and will implement the relevant terms and conditions of the permit,
including any outstanding minimization and mitigation requirements; and
(3) The successor has provided such other information as the Service
determines is relevant to the processing of the request.
[64 FR 32711, June 17, 1999]
Sec. 13.25 Transfer of permits and scope of permit authorization.
(a) Except as otherwise provided for in this section, permits issued
under this part are not transferable or assignable.
(b) Permits issued under Sec. 17.22(b) or Sec. 17.32(b) of this
subchapter B may be transferred in whole or in part through a joint
submission by the permittee and the proposed transferee or in the case
of a deceased permittee, the deceased permittee's legal representative
and the proposed transferee, provided the Service determines that:
(1) The proposed transferee meets all of the qualifications under
this part for holding a permit;
(2) The proposed transferee has provided adequate written assurances
that it will provide sufficient funding for the conservation plan or
Agreement and will implement the relevant terms and conditions of the
permit, including any outstanding minimization and mitigation
requirements; and
(3) The proposed transferee has provided such other information as
the Service determines is relevant to the processing of the submission.
(c) In the case of the transfer of lands subject to an agreement and
permit issued under Sec. 17.22(c) or (d) or Sec. 17.32 (c) or (d) of
this subchapter B, the Service will transfer the permit to the new owner
if the new owner agrees in writing to become a party to the original
agreement and permit.
(d) Except as otherwise stated on the face of the permit, any person
who is under the direct control of the permittee, or who is employed by
or under contract to the permittee for purposes authorized by the
permit, may carry out the activity authorized by the permit.
(e) In the case of permits issued under Sec. 17.22(b)-(d) or Sec.
17.32(b)-(d) of this subchapter to a State or local governmental entity,
a person is under the direct control of the permittee where:
(1) The person is under the jurisdiction of the permittee and the
permit provides that such person(s) may carry out the authorized
activity; or
(2) The person has been issued a permit by the governmental entity
or has executed a written instrument with the governmental entity,
pursuant to the terms of the implementing agreement.
[64 FR 32711, June 17, 1999, as amended at 64 FR 52676, Sept. 30, 1999;
69 FR 24092, May 3, 2004]
Sec. 13.26 Discontinuance of permit activity.
When a permittee, or any successor to a permittee as provided for by
Sec. 13.24, discontinues activities authorized by a permit, the
permittee shall within 30 calendar days of the discontinuance return the
permit to the issuing office together with a written statement
surrendering the permit for cancellation. The permit shall be deemed
void and cancelled upon its receipt by the issuing office. No refund of
any fees paid for issuance of the permit or for any other fees or costs
associated with a permitted activity shall be made
[[Page 47]]
when a permit is surrendered for cancellation for any reason prior to
the expiration date stated on the face of the permit.
[54 FR 38149, Sept. 14, 1989]
Sec. 13.27 Permit suspension.
(a) Criteria for suspension. The privileges of exercising some or
all of the permit authority may be suspended at any time if the
permittee is not in compliance with the conditions of the permit, or
with any applicable laws or regulations governing the conduct of the
permitted activity. The issuing officer may also suspend all or part of
the privileges authorized by a permit if the permittee fails to pay any
fees, penalties or costs owed to the Government. Such suspension shall
remain in effect until the issuing officer determines that the permittee
has corrected the deficiencies.
(b) Procedure for suspension. (1) When the issuing officer believes
there are valid grounds for suspending a permit the permittee shall be
notified in writing of the proposed suspension by certified or
registered mail. This notice shall identify the permit to be suspended,
the reason(s) for such suspension, the actions necessary to correct the
deficiencies, and inform the permittee of the right to object to the
proposed suspension. The issuing officer may amend any notice of
suspension at any time.
(2) Upon receipt of a notice of proposed suspension the permittee
may file a written objection to the proposed action. Such objection must
be in writing, must be filed within 45 calendar days of the date of the
notice of proposal, must state the reasons why the permittee objects to
the proposed suspension, and may include supporting documentation.
(3) A decision on the suspension shall be made within 45 days after
the end of the objection period. The issuing officer shall notify the
permittee in writing of the Service's decision and the reasons
therefore. The issuing officer shall also provide the applicant with the
information concerning the right to request reconsideration of the
decision under Sec. 13.29 of this part and the procedures for
requesting reconsideration.
[54 FR 38149, Sept. 14, 1989]
Sec. 13.28 Permit revocation.
(a) Criteria for revocation. A permit may be revoked for any of the
following reasons:
(1) The permittee willfully violates any Federal or State statute or
regulation, or any Indian tribal law or regulation, or any law or
regulation of any foreign country, which involves a violation of the
conditions of the permit or of the laws or regulations governing the
permitted activity; or
(2) The permittee fails within 60 days to correct deficiencies that
were the cause of a permit suspension; or
(3) The permittee becomes disqualified under Sec. 13.21(c) of this
part; or
(4) A change occurs in the statute or regulation authorizing the
permit that prohibits the continuation of a permit issued by the
Service; or
(5) Except for permits issued under Sec. 17.22(b) through (d) or
Sec. 17.32(b) through (d) of this subchapter, the population(s) of the
wildlife or plant that is the subject of the permit declines to the
extent that continuation of the permitted activity would be detrimental
to maintenance or recovery of the affected population.
(b) Procedure for revocation. (1) When the issuing officer believes
there are valid grounds for revoking a permit, the permittee shall be
notified in writing of the proposed revocation by certified or
registered mail. This notice shall identify the permit to be revoked,
the reason(s) for such revocation, the proposed disposition of the
wildlife, if any, and inform the permittee of the right to object to the
proposed revocation. The issuing officer may amend any notice of
revocation at any time.
(2) Upon receipt of a notice of proposed revocation the permittee
may file a written objection to the proposed action. Such objection must
be in writing, must be filed within 45 calendar days of the date of the
notice of proposal, must state the reasons why the permittee objects to
the proposed revocation, and may include supporting documentation.
(3) A decision on the revocation shall be made within 45 days after
the end of
[[Page 48]]
the objection period. The issuing officer shall notify the permittee in
writing of the Service's decision and the reasons therefore, together
with the information concerning the right to request and the procedures
for requesting reconsideration.
(4) Unless a permittee files a timely request for reconsideration,
any wildlife held under authority of a permit that is revoked must be
disposed of in accordance with instructions of the issuing officer. If a
permittee files a timely request for reconsideration of a proposed
revocation, such permittee may retain possession of any wildlife held
under authority of the permit until final disposition of the appeal
process.
[54 FR 38149, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]
Sec. 13.29 Review procedures.
(a) Request for reconsideration. Any person may request
reconsideration of an action under this part if that person is one of
the following:
(1) An applicant for a permit who has received written notice of
denial;
(2) An applicant for renewal who has received written notice that a
renewal is denied;
(3) A permittee who has a permit amended, suspended, or revoked,
except for those actions which are required by changes in statutes or
regulations, or are emergency changes of limited applicability for which
an expiration date is set within 90 days of the permit change; or
(4) A permittee who has a permit issued or renewed but has not been
granted authority by the permit to perform all activities requested in
the application, except when the activity requested is one for which
there is no lawful authority to issue a permit.
(b) Method of requesting reconsideration. Any person requesting
reconsideration of an action under this part must comply with the
following criteria:
(1) Any request for reconsideration must be in writing, signed by
the person requesting reconsideration or by the legal representative of
that person, and must be submitted to the issuing officer.
(2) The request for reconsideration must be received by the issuing
officer within 45 calendar days of the date of notification of the
decision for which reconsideration is being requested.
(3) The request for reconsideration shall state the decision for
which reconsideration is being requested and shall state the reason(s)
for the reconsideration, including presenting any new information or
facts pertinent to the issue(s) raised by the request for
reconsideration.
(4) The request for reconsideration shall contain a certification in
substantially the same form as that provided by Sec. 13.12(a)(5). If a
request for reconsideration does not contain such certification, but is
otherwise timely and appropriate, it shall be held and the person
submitting the request shall be given written notice of the need to
submit the certification within 15 calendar days. Failure to submit
certification shall result in the request being rejected as insufficient
in form and content.
(c) Inquiry by the Service. The Service may institute a separate
inquiry into the matter under consideration.
(d) Determination of grant or denial of a request for
reconsideration. The issuing officer shall notify the permittee of the
Service's decision within 45 days of the receipt of the request for
reconsideration. This notification shall be in writing, shall state the
reasons for the decision, and shall contain a description of the
evidence which was relied upon by the issuing officer. The notification
shall also provide information concerning the right to appeal, the
official to whom an appeal may be addressed, and the procedures for
making an appeal.
(e) Appeal. A person who has received an adverse decision following
submission of a request for reconsideration may submit a written appeal
to the Regional Director for the region in which the issuing office is
located, or to the Director for offices which report directly to the
Director. An appeal must be submitted within 45 days of the date of the
notification of the decision on the request for reconsideration. The
appeal shall state the reason(s) and issue(s) upon which the appeal is
based
[[Page 49]]
and may contain any additional evidence or arguments to support the
appeal.
(f) Decision on appeal. (1) Before a decision is made concerning the
appeal the appellant may present oral arguments before the Regional
Director or the Director, as appropriate, if such official judges oral
arguments are necessary to clarify issues raised in the written record.
(2) The Service shall notify the appellant in writing of its
decision within 45 calendar days of receipt of the appeal, unless
extended for good cause and the appellant notified of the extension.
(3) The decision of the Regional Director or the Director shall
constitute the final administrative decision of the Department of the
Interior.
[54 FR 38149, Sept. 14, 1989]
Subpart D_Conditions
Sec. 13.41 Humane conditions.
Any live wildlife possessed under a permit must be maintained under
humane and healthful conditions.
[54 FR 38150, Sept. 14, 1989]
Sec. 13.42 Permits are specific.
The authorizations on the face of a permit which set forth specific
times, dates, places, methods of taking, numbers and kinds of wildlife
or plants, location of activity, authorize certain circumscribed
transactions, or otherwise permit a specifically limited matter, are to
be strictly construed and shall not be interpreted to permit similar or
related matters outside the scope of strict construction.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977]
Sec. 13.43 Alteration of permits.
Permits shall not be altered, erased, or mutilated, and any permit
which has been altered, erased, or mutilated shall immediately become
invalid. Unless specifically permitted on the face thereof, no permit
shall be copied, nor shall any copy of a permit issued pursuant to this
subchapter B be displayed, offered for inspection, or otherwise used for
any official purpose for which the permit was issued.
Sec. 13.44 Display of permit.
Any permit issued under this part shall be displayed for inspection
upon request to the Director or his agent, or to any other person
relying upon its existence.
Sec. 13.45 Filing of reports.
Permittees may be required to file reports of the activities
conducted under the permit. Any such reports shall be filed not later
than March 31 for the preceding calendar year ending December 31, or any
portion thereof, during which a permit was in force, unless the
regulations of this subchapter B or the provisions of the permit set
forth other reporting requirements.
Sec. 13.46 Maintenance of records.
From the date of issuance of the permit, the permittee shall
maintain complete and accurate records of any taking, possession,
transportation, sale, purchase, barter, exportation, or importation of
plants obtained from the wild (excluding seeds) or wildlife pursuant to
such permit. Such records shall be kept current and shall include names
and addresses of persons with whom any plant obtained from the wild
(excluding seeds) or wildlife has been purchased, sold, bartered, or
otherwise transferred, and the date of such transaction, and such other
information as may be required or appropriate. Such records shall be
legibly written or reproducible in English and shall be maintained for
five years from the date of expiration of the permit.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 54
FR 38150, Sept. 14, 1989]
Sec. 13.47 Inspection requirement.
Any person holding a permit under this subchapter B shall allow the
Director's agent to enter his premises at any reasonable hour to inspect
any wildlife or plant held or to inspect, audit, or copy any permits,
books, or records required to be kept by regulations of this subchapter
B.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977]
[[Page 50]]
Sec. 13.48 Compliance with conditions of permit.
Any person holding a permit under subchapter B and any person acting
under authority of such permit must comply with all conditions of the
permit and with all appllicable laws and regulations governing the
permitted activity.
[54 FR 38150, Sept. 14, 1989]
Sec. 13.49 Surrender of permit.
Any person holding a permit under subchapter B shall surrender such
permit to the issuing officer upon notification that the permit has been
suspended or revoked by the Service, and all appeal procedures have been
exhausted.
[54 FR 38150, Sept. 14, 1989]
Sec. 13.50 Acceptance of liability.
Except as otherwise limited in the case of permits described in
Sec. 13.25(d), any person holding a permit under this subchapter B
assumes all liability and responsibility for the conduct of any activity
conducted under the authority of such permit.
[64 FR 32711, June 17, 1999]
PART 14_IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
--Table of Contents
Subpart A_Introduction
Sec.
14.1 Purpose of regulations.
14.2 Scope of regulations.
14.3 Information collection requirements.
14.4 What terms do I have to understand?
Subpart B_Importation and Exportation at Designated Ports
14.11 General restrictions.
14.12 Designated ports.
14.13 Emergency diversion.
14.14 In-transit shipments.
14.15 Personal baggage and household effects.
14.16 Border ports.
14.17 Personally owned pet birds.
14.18 Marine mammals.
14.19 Special ports.
14.20 Exceptions by permit.
14.21 Shellfish and fishery products.
14.22 Certain antique articles.
14.23 Live farm-raised fish and farm-raised fish eggs.
14.24 Scientific specimens.
Subpart C_Designated Port Exception Permits
14.31 Permits to import or export wildlife at nondesignated port for
scientific purposes.
14.32 Permits to import or export wildlife at nondesignated port to
minimize deterioration or loss.
14.33 Permits to import or export wildlife at nondesignated port to
alleviate undue economic hardship.
Subpart D [Reserved]
Subpart E_Inspection and Clearance of Wildlife
14.51 Inspection of wildlife.
14.52 Clearance of imported wildlife.
14.53 Detention and refusal of clearance.
14.54 Unavailability of Service officers.
14.55 Exceptions to clearance requirements.
Subpart F_Wildlife Declarations
14.61 Import declaration requirements.
14.62 Exceptions to import declaration requirements.
14.63 Export declaration requirements.
14.64 Exceptions to export declaration requirements.
Subpart G [Reserved]
Subpart H_Marking of Containers or Packages
14.81 Marking requirement.
14.82 Alternatives and exceptions to the marking requirement.
Subpart I_Import/Export Licenses
14.91 License requirement.
14.92 Exceptions to license requirement.
14.93 License application procedure, conditions, and duration.
14.94 What fees apply to me?
Subpart J_Standards for the Humane and Healthful Transport of Wild
Mammals and Birds to the United States
14.101 Purposes.
14.102 Definitions.
14.103 Prohibitions.
14.104 Translations.
14.105 Consignment to carrier.
14.106 Primary enclosures.
14.107 Conveyance.
14.108 Food and water.
14.109 Care in transit.
14.110 Terminal facilities.
[[Page 51]]
14.111 Handling.
14.112 Other applicable provisions.
Specifications for Nonhuman Primates
14.121 Primary enclosures.
14.122 Food and water.
14.123 Care in transit.
Specifications for Marine Mammals (Cetaceans, Sirenians, Sea Otters,
Pinnipeds, and Polar Bears)
14.131 Primary enclosures.
14.132 Food and water.
14.133 Care in transit.
Specifications for Elephants and Ungulates
14.141 Consignment to carrier.
14.142 Primary enclosures.
Specifications for Sloths, Bats, and Flying Lemurs (Cynocephalidae)
14.151 Primary enclosures.
Specifications for Other Terrestrial Mammals
14.161 Primary enclosures.
Specifications for Birds
14.171 Consignment to carrier.
14.172 Primary enclosures.
Authority: 16 U.S.C. 668, 704, 712, 1382, 1538(d)-(f), 1540(f),
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 9701.
Source: 45 FR 56673, Aug. 25, 1980, unless otherwise noted.
Subpart A_Introduction
Sec. 14.1 Purpose of regulations.
The regulations contained in this part provide uniform rules and
procedures for the importation, exportation, and transportation of
wildlife.
Sec. 14.2 Scope of regulations.
The provisions in this part are in addition to, and do not supersede
other regulations of this subchapter B which may require a permit or
prescribe additional restrictions or conditions for the importation,
exportation, and transportation of wildlife.
Sec. 14.3 Information collection requirements.
The Office of Management and Budget approved the information
collection requirements contained in this part 14 under 44 U.S.C. 3507
and assigned OMB Control Number 1018-0092. The Service may not conduct
or sponsor, and you are not required to respond, to a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information about wildlife
imports or exports, including product and parts, and to facilitate
enforcement of the Endangered Species Act of 1973 as amended (16 U.S.C.
1531 et seq.) and to carry out the provisions of the convention on
International Trade in Endangered Species of Wild Fauna and Flora. We
estimate the public reporting burden for these reporting requirements to
vary from 10 to 15 minutes per response. Direct comments regarding the
burden estimate or any other aspect of these reporting requirements to
the Service Information Collection Control Officer, MS-222 ARLSQ, U.S.
Fish and Wildlife Service, Washington, DC 20240, or the Office of
Management and Budget, Paperwork Reduction Project (1018-0092),
Washington, DC 20603.
[63 FR 52634, Oct. 1, 1998]
Sec. 14.4 What terms do I have to understand?
In addition to definitions contained in part 10 of this subchapter,
in this part:
Accompanying personal baggage means all hand-carried items and all
checked baggage of a person entering into or departing from the United
States.
Accredited scientist means any individual associated with, employed
by, or under contract to and accredited by an accredited scientific
institution for the purpose of conducting biological or medical
research, and whose research activities are approved and sponsored by
the scientific institution granting accreditation.
Accredited scientific institutions means any public museum, public
zoological park, accredited institution of higher education, accredited
member of the American Zoo and Aquarium Association, accredited member
of the American Association of Systematic Collections, or any State or
Federal government agency that conducts biological or medical research.
Commercial means related to the offering for sale or resale,
purchase, trade, barter, or the actual or intended transfer in the
pursuit of gain or profit,
[[Page 52]]
of any item of wildlife and includes the use of any wildlife article as
an exhibit for the purpose of soliciting sales, without regard to
quantity or weight. There is a presumption that eight or more similar
unused items are for commercial use. The Service or the importer/
exporter/owner may rebut this presumption based upon the particular
facts and circumstances of each case.
Domesticated animals includes, but is not limited to, the following
domesticated animals that are exempted from the requirements of this
subchapter B (except for species obtained from wild populations).
Mammals: Alpaca--Lama alpaca; Camel--Camelus dromedarius; Camel
(Boghdi)--Camelus bactrianus; Cat (domestic)--Felis domesticus; Cattle--
Bos taurus; Dog (domestic)--Canis familiaris; European rabbit--
Ortyctolagus cuniculus; Ferret (domestic)--Mustela putorius; Goat--Capra
hircus; Horse--Equus caballus; Llama--Lama glama; Pig--Sus scrofa;
Sheep--Ovis aries; Water buffalo--Bubalus bubalus; White lab mice--Mus
musculus; White lab rate--Rattus norvegicus.
Fish (For export purposes only): Carp (koi)--Cyprinus carpio;
Goldfish--Carassius auratus.
Birds: Chicken--Gallus domesticus; Ducks & geese--domesticated
varieties; Guinea fowl--Numida meleagris; Peafowl--Pavo cristatus;
Pigeons (domesticated)--Columba livia domestrica; Turkey--Meleagris
gallopavo; Domesticated or Barnyard Mallards include: Pekin; Aylesbury;
Bouen; Cayuga; Gray Call; White Call; East Indian; Crested; Swedish;
Buff Orpington; Indian Runner; Campbell; Duclair; Merchtem; Termonde;
Magpie; Chinese; Khaki Campbell.
Insects: Crickets, mealworms, honeybees (not to include Africanized
varieties), and similar insects that are routinely farm raised.
Other Invertebrates: Earthworms and similar invertebrates that are
routinely farm raised.
Export means to depart from, to send from, to ship from, or to carry
out of, or attempt to depart from, to send from, to ship from, or to
carry out of, or to consign to a carrier in any place subject to the
jurisdiction of the United States with an intended destination of any
place not subject to the jurisdiction of the United States, whether or
not such departure, sending, or carrying, or shipping constitutes an
exportation within the meaning of the Custom laws of the United States.
When a passenger leaving the jurisdiction of the United States enters
the designated international area of embarkation of an airport, all
accompanying personal hand-carried items and checked baggage will be
regarded as exports.
Import means to land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into any place subject to the
jurisdiction of the United States, whether or not such landing,
bringing, or introduction constitutes an importation within the meaning
of the tariff laws of the United States.
We means Fish and Wildlife Service or Service.
You means licensee, or importer/exporter of record.
[61 FR 31868, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]
Subpart B_Importation and Exportation at Designated Ports
Sec. 14.11 General restrictions.
Except as otherwise provided in this part, no person may import or
export any wildlife at any place other than a Customs port of entry
designated in Sec. 14.12.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980]
Sec. 14.12 Designated ports.
The following ports of entry are designated for the importation and
exportation of wildlife and are referred to hereafter as ``designated
ports:''
(a) Los Angeles, California.
(b) San Francisco, California.
(c) Miami, Florida.
(d) Honolulu, Hawaii.
(e) Chicago, Illinois.
(f) New Orleans, Louisiana.
(g) New York, New York.
(h) Seattle, Washington.
(i) Dallas/Fort Worth, Texas.
(j) Portland, Oregon.
(k) Baltimore, Maryland.
(l) Boston, Massachusetts.
[[Page 53]]
(m) Atlanta, Georgia.
(n) Anchorage, Alaska.
[67 FR 11262, Mar. 13, 2002]
Sec. 14.13 Emergency diversion.
Wildlife which has been imported into the United States at any port
or place other than a designated port solely as a result of a diversion
due to an aircraft or vessel emergency must proceed as an in-transit
shipment under Customs bond to a designated port, or to any port where a
permit or other provision of this part provides for lawful importation.
Sec. 14.14 In-transit shipments.
(a) Wildlife destined for a point within the United States may be
imported into the United States at any port if such wildlife proceeds as
an in-transit shipment under Customs bond to a designated port, or to
any port where a permit or other provision of this part provides for
lawful importation.
(b) Wildlife moving in-transit through the United States from one
foreign country to another foreign country is exempt from the designated
port requirements of this part, if such wildlife is not unloaded within
the United States.
Sec. 14.15 Personal baggage and household effects.
(a) Any person may import into or export from the United States at
any Customs port wildlife products or manufactured articles that are not
intended for commercial use and are used as clothing or contained in
accompanying personal baggage. However, this exception to the designated
port requirement does not apply to any raw or dressed fur; raw, salted,
or crusted hide or skin; game trophy; or to wildlife requiring a permit
pursuant to part 16, 17, 18, 21, or 23 of this subchapter B.
(b) Wildlife products or manufactured articles, including mounted
game trophies or tanned hides, which are not intended for sale and are
part of a shipment of the household effects of persons moving their
residence to or from the United States may be imported or exported at
any Customs port of entry. However, this exception to the designated
port requirement does not apply to any raw fur; raw, salted, or crusted
hide or skin; or to wildlife requiring a permit pursuant to part 16, 17,
18, 21, or 23 of this subchapter B.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31868, June 21, 1996]
Sec. 14.16 Border ports.
(a) Except for wildlife requiring a permit pursuant to part 16, 17,
18, 21, or 23 of this subchapter B, wildlife whose country of origin is
Canada or the United States may be imported or exported at any of the
following Customs ports of entry:
(1) Alaska--Alcan;
(2) Idaho--Eastport;
(3) Maine--Calais, Houlton, Jackman;
(4) Massachusetts--Boston;
(5) Michigan--Detroit, Port Huron, Sault Sainte Marie;
(6) Minnesota--Grand Portage, International Falls, Minneapolis-St.
Paul;
(7) Montana--Raymond, Sweetgrass;
(8) New York--Buffalo-Niagara Falls, Champlain;
(9) North Dakota--Dunseith, Pembina, Portal;
(10) Ohio--Cleveland;
(11) Vermont--Derby Line, Highgate Springs; and
(12) Washington--Blaine, Sumas.
(b) Except for wildlife requiring a permit pursuant to part 16, 17,
18, 21, or 23 of this subchapter B, wildlife whose country of origin is
Mexico or the United States may be imported or exported at any of the
following Customs ports of entry:
(1) Arizona--Lukeville, Nogales;
(2) California--Calexico, San Diego-San Ysidro; and
(3) Texas--Brownsville, El Paso, Laredo.
(c) Except for wildlife requiring a permit pursuant to part 16, 17,
18, or 21 of this subchapter B, wildlife lawfully taken by U.S.
residents in the United States, Canada, or Mexico and imported or
exported for noncommercial purposes, may be imported or exported at any
Customs port of entry.
Sec. 14.17 Personally owned pet birds.
Any person may import a personally owned pet bird at any port
designated under, and in accordance with, 9 CFR part 92.
[[Page 54]]
Sec. 14.18 Marine mammals.
Any person subject to the jurisdiction of the United States who has
lawfully taken a marine mammal on the high seas and who is authorized to
import such marine mammal in accordance with the Marine Mammal
Protection Act of 1972 and implementing regulations (50 CFR parts 18 and
216) may import such marine mammal at any port or place.
Sec. 14.19 Special ports.
(a) Except for wildlife requiring a permit pursuant to part 16, 17,
18, 21, or 23 of this subchapter B, wildlife which is imported for final
destination in Alaska, Puerto Rico, or the Virgin Islands, may be
imported through those Customs ports of entry named hereafter for the
respective State or Territory of final destination:
(1) Alaska--Alcan, Anchorage, Fairbanks, Juneau;
(2) Puerto Rico--San Juan; and
(3) Virgin Islands--San Juan, Puerto Rico.
(b) Except for wildlife requiring a permit pursuant to part 16, 17,
18, 21, or 23 of this subchapter B, wildlife which originates in Alaska,
Puerto Rico, or the Virgin Islands, may be exported through the
following Customs ports for the respective State or Territory:
(1) Alaska--Alcan, Anchorage, Fairbanks, Juneau;
(2) Puerto Rico--San Juan; and
(3) Virgin Islands--San Juan, Puerto Rico.
(c) Except for wildlife requiring a permit pursuant to part 16, 17,
18, 21, or 23 of this subchapter B, wildlife which has a final
destination of Guam or which originates in Guam may be imported or
exported, as appropriate, through the port of Agana, Guam.
Sec. 14.20 Exceptions by permit.
Wildlife may be imported into or exported from the United States at
any Customs port of entry designated in the terms of a valid permit
issued pursuant to subpart C of this part.
Sec. 14.21 Shellfish and fishery products.
(a)(1) General. Except for wildlife requiring a permit pursuant to
part 17 or 23 of this subchapter, shellfish and fishery products
imported or exported for purposes of human or animal consumption or
taken in waters under the jurisdiction of the United States or on the
high seas for recreational purposes may enter or exit at any Customs
port.
(2) Except for wildlife requiring a permit pursuant to part 17 or
part 23 of this subchapter, live aquatic invertebrates of the Class
Pelecypoda (commonly known as oysters, clams, mussels, and scallops) and
the eggs, larvae, or juvenile forms thereof may be exported for purposes
of propagation, or research related to propagation, at any Customs port.
(b) Pearls. Except for wildlife requiring a permit pursuant to part
17 or 23 of this subchapter, pearls imported or exported for commercial
purposes may enter or exit the United States at any Customs port of
entry. For the purposes of this part, all references to the term
shellfish and fishery products will include pearls.
[61 FR 31868, June 21, 1996]
Sec. 14.22 Certain antique articles.
Any person may import at any Customs Service port designated for
such purpose, any article (other than scrimshaw, defined in 16 U.S.C
1539(f)(1)(B) and 50 CFR 217.12 as any art form that involves the
etching or engraving of designs upon, or the carving of figures,
patterns, or designs from, any bone or tooth of any marine mammal of the
order Cetacea) that is at least 100 years old, is composed in whole or
in part of any endangered or threatened species listed under Sec. 17.11
or Sec. 17.12 of this subchapter, and has not been repaired or modified
with any part of any endangered or threatened species on or after
December 28, 1973.
[61 FR 31868, June 21, 1996]
Sec. 14.23 Live farm-raised fish and farm-raised fish eggs.
Live farm-raised fish and farm-raised fish eggs meet the definition
of ``bred in captivity'' as stated in 50 CFR 17.3. Except for wildlife
requiring a permit pursuant to parts 17 or 23 of this subchapter, live
farm-raised fish and farm-raised fish eggs may be exported from any U.S.
Customs port.
[59 FR 41714, Aug. 15, 1994]
[[Page 55]]
Sec. 14.24 Scientific specimens.
Except for wildlife requiring a permit pursuant to parts 16, 17, 18,
21, 22 or 23 of this subchapter, dead, preserved, dried, or embedded
scientific specimens or parts thereof, imported or exported by
accredited scientists or accredited scientific institutions for
taxonomic or systematic research purposes may enter or exit through any
U.S. Customs port, or may be shipped through the international mail
system. Provided, that this exception will not apply to any specimens or
parts thereof taken as a result of sport hunting.
[61 FR 31869, June 21, 1996]
Subpart C_Designated Port Exception Permits
Sec. 14.31 Permits to import or export wildlife at nondesignated port
for scientific purposes.
(a) General. The Director may, upon receipt of an application
submitted in accordance with the provisions of this section and
Sec. Sec. 13.11 and 13.12 of this subchapter, and in accordance with
the issuance criteria of this section, issue a permit authorizing
importation or exportation of wildlife for scientific purposes at one or
more named Customs port(s) of entry not otherwise authorized by subpart
B. Such permits may authorize a single importation or exportation, a
series of importations or exportations, or importation or exportation
during a specified period of time.
(b) Application procedure. Applications for permits to import or
export wildlife at a nondesignated port for scientific purposes must be
submitted to the Director. Each application must contain the general
information and certification required by Sec. 13.12(a) of this
subchapter, plus the following additional information:
(1) The scientific purpose or uses of the wildlife to be imported or
exported;
(2) The number and kinds of wildlife described by scientific and
common names to be imported or exported where such number and kinds can
be determined;
(3) The country or place in which the wildlife was removed from the
wild (if known), or where born in captivity;
(4) The port(s) of entry where importation or exportation is
requested, and the reasons why importation or exportation should be
allowed at the requested port(s) of entry rather than at a designated
port; and
(5) A statement as to whether the exception is being requested for a
single shipment, a series of shipments, or shipments over a specified
period of time and the date(s) involved.
(c) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, permits to import
or export wildlife at a nondesignated port issued under this section are
subject to the following condition: Permittee shall file such reports as
specified on the permit, if any.
(d) Issuance criteria. The Director shall consider the following in
determining whether to issue a permit under this section:
(1) Benefit to a bona fide scientific research project, other
scientific purpose, or facilitation of the exchange of preserved museum
specimens;
(2) The kind of wildlife involved and its place of origin;
(3) The reasons why the exception is requested; and
(4) Availability of a Service officer.
(e) Duration of permits. Any permit issued under this section
expires on the date designated on the face of the permit. In no case
will the permit be valid for more than 2 years from the date of
issuance.
Sec. 14.32 Permits to import or export wildlife at nondesignated port
to minimize deterioration or loss.
(a) General. The Director may, upon receipt of an application
submitted in accordance with the provisions of this section and
Sec. Sec. 13.11 and 13.12 of this subchapter, and in accordance with
the issuance criteria of this section, issue a permit authorizing
importation or exportation of wildlife, in order to minimize
deterioration or loss, at one or more named Customs port(s) of entry not
otherwise authorized by subpart B. Such permits may authorize a single
importation or exportation, a series of importations or exportations, or
importation or exportation during a specified period of time.
[[Page 56]]
(b) Application procedure. Applications for permits to import or
export wildlife at a nondesignated port to minimize deterioration or
loss must be submitted to the Director. Each application must contain
the general information and certification required in Sec. 13.12(a) of
this subchapter, plus the following additional information:
(1) The number and kinds of wildlife described by scientific and
common names to be imported or exported where such number and kinds can
be determined;
(2) The country or place in which the wildlife was removed from the
wild (if known), or where born in captivity;
(3) The port(s) of entry where importation or exportation is
requested, and the reasons why importation or exportation should be
allowed at the requested port(s) of entry rather than at a designated
port (information must be included to show that an importation or
exportation at a designated port would result in a substantial
deterioration or loss of the wildlife); and
(4) A statement as to whether the exception is being requested for a
single shipment, a series of shipments, or shipments over a specified
period of time and the date(s) involved.
(c) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, permits to import
or export wildlife at a nondesignated port issued under this section are
to be subject to the following conditions:
(1) Permittee shall file such reports as may be specified on the
permit, if any; and
(2) Permittee must pay fees in accordance with Sec. 14.94.
(d) Issuance criteria. The Director shall consider the following in
determining whether to issue a permit under this section:
(1) Likelihood of a substantial deterioration or loss of the
wildlife involved;
(2) The kind of wildlife involved and its place of origin; and
(3) Availability of a Service officer.
(e) Duration of permits. Any permit issued under this section
expires on the date designated on the face of the permit. In no case
will the permit be valid more than 2 years from the date of issuance.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61
FR 31869, June 21, 1996]
Sec. 14.33 Permits to import or export wildlife at nondesignated port
to alleviate undue economic hardship.
(a) General. The Director may, upon receipt of an application
submitted in accordance with the provisions of this section and
Sec. Sec. 13.11 and 13.12 of this subchapter, and in accordance with
the issuance criteria of this section, issue a permit authorizing
importation or exportation of wildlife in order to alleviate undue
economic hardship at one or more named Customs port(s) of entry not
otherwise authorized by subpart B. Such permits may authorize a single
importation or exportation, a series of importations or exportations, or
importation or exportation during a specified period of time.
(b) Application procedure. Applications for permits to import or
export wildlife at a nondesignated port to alleviate undue economic
hardship must be submitted to the Director. Each application must
contain the general information and certification required in Sec.
13.12(a) of this subchapter, plus the following additional information:
(1) The number and kinds of wildlife described by scientific and
common names to be imported or exported, where such number and kinds can
be determined, and a description of the form in which it is to be
imported, such as ``live,'' ``frozen,'' ``raw hides,'' or a full
description of any manufactured product;
(2) The country or place in which the wildlife was removed from the
wild (if known), or where born in captivity;
(3) The name and address of the supplier or consignee;
(4) The port(s) of entry where importation or exportation is
requested, and the reasons why importation or exportation should be
allowed at the requested port(s) of entry rather than at a designated
port (information must be included to show the monetary difference
between the cost of importation or exportation at the port requested and
the lowest cost of importation or exportation at the port through
[[Page 57]]
which importation or exportation is authorized by subpart B without a
permit); and
(5) A statement as to whether the exception is being requested for a
single shipment, a series of shipments, or shipments over a specified
period of time and the date(s) involved.
(c) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, permits to import
or export wildlife at a nondesignated port issued under this section are
subject to the following conditions:
(1) Permittee shall file such reports as specified on the permit, if
any; and
(2) Permittee must pay fees in accordance with Sec. 14.94.
(d) Issuance criteria. The Director shall consider the following in
determining whether to issue a permit under this section:
(1) The difference between the cost of importing or exporting the
wildlife at the port requested and the lowest cost of importing or
exporting such wildlife at a port authorized by these regulations
without a permit;
(2) The severity of the economic hardship that likely would result
should the permit not be issued;
(3) The kind of wildlife involved, including its form and place of
origin; and
(4) Availability of a Service officer.
(e) Duration of permits. Any permit issued under this section
expires on the date designated on the face of the permit. In no case
will the permit be valid for more than 2 years from the date of
issuance.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61
FR 31869, June 21, 1996]
Subpart D [Reserved]
Subpart E_Inspection and Clearance of Wildlife
Sec. 14.51 Inspection of wildlife.
Subject to applicable limitations of law, Service officers and
Customs officers may detain for inspection and inspect any package,
crate, or other container, including its contents, and all accompanying
documents, upon importation or exportation. The Director may charge
reasonable fees, including salary, overtime, transportation and per diem
of Service officers, for wildlife import or export inspections specially
requested by the importer or exporter at times other than regular work
hours or locations other than usual for such inspections at the port.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50
FR 52889, Dec. 26, 1985]
Sec. 14.52 Clearance of imported wildlife.
(a) Except as otherwise provided by this subpart, a Service officer
must clear all wildlife imported into the United States prior to release
from detention by Customs officers. A Service officer must clear all
wildlife to be exported from the United States prior to the physical
loading of the merchandise on a vehicle or aircraft, or the
containerization or palletizing of such merchandise for export, unless a
Service officer expressly authorizes otherwise. Such clearance does not
constitute a certification of the legality of an importation or
exportation under the laws or regulations of the United States.
(b) An importer/exporter or his/her agent may obtain clearance by a
Service officer only at designated ports (Sec. 14.12), at border ports
(Sec. 14.16), at special ports (Sec. 14.19), or at a port where
importation or exportation is authorized by a permit issued under
subpart C of this part. An importer/exporter must return forthwith any
wildlife released without a Service officer's clearance or clearance by
Customs for the Service under authority of Sec. 14.54 to a port where
clearance may be obtained pursuant to this subpart.
(c) To obtain clearance, the importer, exporter, or the importer's
or exporter's agent will make available to a Service officer or a
Customs officer acting under Sec. 14.54:
(1) All shipping documents (including bills of lading, waybills and
packing lists or invoices);
(2) All permits, licenses or other documents required by the laws or
regulations of the United States;
(3) All permits or other documents required by the laws or
regulations of any foreign country;
[[Page 58]]
(4) The wildlife being imported or exported; and
(5) Any documents and permits required by the country of export or
re-export for the wildlife.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50
FR 52889, Dec. 26, 1985; 61 FR 31869, June 21, 1996]
Sec. 14.53 Detention and refusal of clearance.
(a) Detention. Any Service officer, or Customs officer acting under
Sec. 14.54, may detain imported or exported wildlife and any associated
property. As soon as practicable following the importation or
exportation and decision to detain, the Service will mail a notice of
detention by registered or certified mail, return receipt requested, to
the importer or consignee, or exporter, if known or easily
ascertainable. Such notice must describe the detained wildlife or other
property, indicate the reason for the detention, describe the general
nature of the tests or inquiries to be conducted, and indicate that if
the releasability of the wildlife has not been determined within 30 days
after the date of the notice, or a longer period if specifically stated,
that the Service will deem the wildlife to be seized and will issue no
further notification of seizure.
(b) Refusal of clearance. Any Service officer may refuse clearance
of imported or exported wildlife and any Customs officer acting under
Sec. 14.54 may refuse clearance of imported wildlife when there are
responsible grounds to believe that:
(1) A Federal law or regulation has been violated;
(2) The correct identity and country of origin of the wildlife has
not been established (in such cases, the burden is upon the owner,
importer, exporter, consignor, or consignee to establish such identity
by scientific name to the species level or, if any subspecies is
protected by the laws of this country or the country of origin to the
subspecies level);
(3) Any permit, license, or other documentation required for
clearance of such wildlife is not available, is not currently valid, has
been suspended or revoked, or is not authentic;
(4) The importer, exporter, or the importer's or exporter's agent
has filed an incorrect or incomplete declaration for importation or
exportation as provided in Sec. 14.61 or Sec. 14.63; or
(5) The importer, exporter, or the importer's or exporter's agent
has not paid any fee or portion of balance due for inspection fees
required by Sec. 14.93 or Sec. 14.94, or penalties assessed against
the importer or exporter under 50 CFR part 11. This paragraph does not
apply to penalty assessments on appeal in accordance with the provisions
of part 11.
[61 FR 31869, June 21, 1996]
Sec. 14.54 Unavailability of Service officers.
(a) Designated ports. All wildlife arriving at a designated port
must be cleared by a Service officer prior to Customs clearance and
release. When importers or their agents expect live or perishable
shipments of wildlife or wildlife products or request inspection at the
time of arrival, they must notify the Service at least 48 hours prior to
the estimated time of arrival. However, where a Service officer is not
available within a reasonable time, Customs Officers may clear live or
perishable wildlife subject to post-clearance inspection and
investigation by the Service.
(b) Border and special ports. Wildlife lawfully imported at Canadian
or Mexican border ports under Sec. 14.16, or into Alaska, Puerto Rico,
or the Virgin Islands, under Sec. 14.19, may, if a Service officer is
not available within a reasonable time, be cleared by Customs officers,
subject to post-clearance inspection and investigation by the Service.
(c) Permit imports. Wildlife imported at a nondesignated port in
accordance with the terms of a valid permit issued under subpart C of
this part, may, if a Service officer is not available within a
reasonable time, be cleared by Customs officers, subject to post-
clearance inspection and investigation by the Service.
(d) Personal baggage and household effects. Wildlife lawfully
imported at any port of entry under Sec. 14.15, may, if a Service
officer is not available within a reasonable time, be cleared by Customs
officers, subject to post-clearance inspection and investigation by the
Service.
[[Page 59]]
(e) Personally owned pet birds. Personally owned pet birds lawfully
imported at a port of entry under Sec. 14.17, may, if a Service officer
is not available within a reasonable time, be cleared by Customs
officers, subject to post-clearance inspection and investigation by the
Service.
(f) Exports. Exporters or their agents must notify the Service and
make the shipment available for inspection at least 48 hours prior to
the estimated time of exportation of any wildlife.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996]
Sec. 14.55 Exceptions to clearance requirements.
Except for wildlife requiring a permit pursuant to part 17 or 23 of
this subchapter B, clearance is not required for the importation of the
following wildlife:
(a) Shellfish and fishery products imported for purposes of human or
animal consumption or taken in waters under the jurisdiction of the
United States or on the high seas for recreational purposes;
(b) Marine mammals lawfully taken on the high seas by United States
residents and imported directly into the United States; and
(c) Certain antique articles as specified in Sec. 14.22 which have
been released from custody by Customs officers under 19 U.S.C. 1499.
(d) Dead, preserved, dried, or embedded scientific specimens or
parts thereof, imported or exported by accredited scientists or
accredited scientific institutions for taxonomic or systematic research
purposes. Except: That this exception will not apply to any specimens or
parts thereof taken as a result of sport hunting.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996]
Subpart F_Wildlife Declarations
Sec. 14.61 Import declaration requirements.
Except as otherwise provided by the regulations of this subpart,
importers or their agents must file with the Service a completed
Declaration for Importation or Exportation of Fish or Wildlife (Form 3-
177), signed by the importer or the importer's agent, upon the
importation of any wildlife at the place where Service clearance under
Sec. 14.52 is requested. However, wildlife may be transshipped under
bond to a different port for release from custody by Customs Service
officers under 19 U.S.C. 1499. For certain antique articles as specified
in Sec. 14.22, importers or their agents must file a Form 3-177 with
the District Director of Customs at the port of entry prior to release
from Customs custody. Importers or their agents must furnish all
applicable information requested on the Form 3-177 and the importer, or
the importer's agent, must certify that the information furnished is
true and complete to the best of his/her knowledge and belief.
[61 FR 49980, Sept. 24, 1996]
Sec. 14.62 Exceptions to import declaration requirements.
(a) Except for wildlife requiring a permit pursuant to part 17 or 23
of this subchapter B, an importer or his/her agent does not have to file
a Declaration for Importation or Exportation of Fish or Wildlife (Form
3-177) for importation of shellfish and fishery products imported for
purposes of human or animal consumption, or taken in waters under the
jurisdiction of the United States or on the high seas for recreational
purposes;
(b) Except for wildlife requiring a permit pursuant to part 16, 17,
18, 21, or 23 of this subchapter B, a Declaration for Importation or
Exportation of Fish or Wildlife (Form 3-177) does not have to be filed
for importation of the following:
(1) Fish taken for recreational purposes in Canada or Mexico;
(2) Wildlife products or manufactured articles that are not intended
for commercial use and are used as clothing or contained in accompanying
personal baggage, except that an importer or his/her agent must file a
Form 3-177 for raw or dressed furs; for raw, salted, or crusted hides or
skins; and for game or game trophies; and
[[Page 60]]
(3) Wildlife products or manufactured articles that are not intended
for commercial use and are a part of a shipment of the household effects
of persons moving their residence to the United States, except that an
importer or his/her agent must file a declaration for raw or dressed
furs and for raw, salted, or crusted hides or skins.
(c) General declarations for certain specimens. Notwithstanding the
provisions of 14.61 and except for wildlife included in paragraph (d) of
this section, an importer or his/her agent may describe in general terms
on a Declaration for the Importation or Exportation of Fish or Wildlife
(Form 3-177) scientific specimens imported for scientific institutions
for taxonomic, systematic research, or faunal survey purposes. An
importer or his/her agent must file an amended Form 3-177 within 180
days after filing of the general declaration with the Service. The
declaration must identify specimens to the most accurate taxonomic
classification reasonably practicable using the best available taxonomic
information. The Director may grant extensions of the 180-day period.
(d) Except for wildlife requiring a permit pursuant to part 16, 17,
18, 21, 22 or 23 of this subchapter, an importer or his/her agent does
not have to file a Declaration for the Importation or Exportation of
Fish or Wildlife (Form 3-177) at the time of importation for shipments
of dead, preserved, dried, or embedded scientific specimens or parts
thereof, imported by accredited scientists or accredited scientific
institutions for taxonomic or systematic research purposes. An importer
or his/her agent must file a Form 3-177 within 180 days of importation
with the appropriate Assistant Regional Director--Law Enforcement in the
Region where the importation occurs. The declaration must identify the
specimens to the most accurate taxonomic classification reasonably
practicable using the best available taxonomic information, and must
declare the country of origin. Except: That this exception will not
apply to any specimens or parts thereof taken as a result of sport
hunting.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61
FR 31870, June 21, 1996]
Sec. 14.63 Export declaration requirements.
Except as otherwise provided by the regulations of this subpart, a
completed Declaration for Importation or Exportation of Fish or Wildlife
(Form 3-177) signed by the exporter, or the exporter's agent, shall be
filed with the Service prior to the export of any wildlife at the port
of exportation as authorized in subpart B of this part. All applicable
information requested on the Form 3-177 shall be furnished, and the
exporter or the exporter's agent shall certify that the information
furnished is true and complete to the best of his/her knowledge and
belief.
Sec. 14.64 Exceptions to export declaration requirements.
(a) Except for wildlife requiring a permit pursuant to part 17 or 23
of this subchapter B, an exporter or his/her agent does not have to file
a Declaration for Importation or Exportation of Fish or Wildlife (Form
3-177) for the exportation of shellfish and fishery products exported
for purposes of human or animal consumption or taken in waters under the
jurisdiction of the United States or on the high seas for recreational
purposes, and does not have to file for the exportation of live aquatic
invertebrates of the Class Pelecypoda (commonly known as oysters,
claims, mussels, and scallops) and the eggs, larvae, or juvenile forms
thereof exported for purposes of propagation, or research related to
propagation.
(b) Except for wildlife requiring a permit pursuant to part 16, 17,
18, 21, or 23 of this subchapter B, a Declaration for the Importation or
Exportation of Fish or Wildlife (Form 3-177) does not have to be filed
for the exportation of the following:
(1) Wildlife that is not intended for commercial use where the value
of such wildlife is under $250;
(2) Wildlife products or manufactured articles, including game
trophies, that are not intended for commercial use and are used as
clothing or contained in accompanying personal baggage or are part of a
shipment of the household effects of persons moving their residence from
the United States; and
[[Page 61]]
(3) Shipments of dead, preserved, dried, or embedded scientific
specimens or parts thereof, exported by accredited scientists or
accredited scientific institutions for taxonomic or systematic research
purposes. An exporter or his/her agent must file a Form 3-177 within 180
days of exportation with the appropriate Assistant Regional Director--
Law Enforcement in the Region where the exportation occurs. The
declaration must identify the specimens to the most accurate taxonomic
classification reasonably practicable using the best available taxonomic
information, and must declare the country of origin. Except: That this
exception will not apply to any specimens or parts thereof taken as a
result of sport hunting.
(c) Except for wildlife requiring a period pursuant to parts 17 or
23 of this subchapter, a Declaration for the Importation or Exportation
of Fish or Wildlife (Form 3-177) does not have to be filed for the
exportation of live farm-raised fish and farm-raised fish eggs as
defined in Sec. 14.23.
[45 FR 56673, Aug. 25, 1980, as amended at 59 FR 41714, Aug. 15, 1994;
61 FR 31870, June 21, 1996]
Subpart G [Reserved]
Subpart H_Marking of Containers or Packages
Source: 52 FR 45341, Nov. 27, 1987, unless otherwise noted.
Sec. 14.81 Marking requirement.
Except as otherwise provided in this subpart, no person may import,
export, or transport in interstate commerce any container or package
containing any fish or wildlife (including shellfish and fishery
products) unless he/she marks each container or package conspicuously on
the outside with both the name and address of the shipper and consignee.
An accurate and legible list of its contents by species scientific name
and the number of each species and whether or not the listed species are
venomous must accompany the entire shipment.
[61 FR 31870, June 21, 1996]
Sec. 14.82 Alternatives and exceptions to the marking requirement.
(a) The requirements of Sec. 14.81 may be met by complying with one
of the following alternatives to the marking requirement:
(1)(i) Conspicuously marking the outside of each container or
package containing fish or wildlife with the word ``fish'' or
``wildlife'' as appropriate for its contents, or with the common name of
its contents by species, and
(ii) Including an invoice, packing list, bill of lading, or similar
document to accompany the shipment which accurately states the name and
address of the shipper and consignee, states the total number of
packages or containers in the shipment, and for each species in the
shipment specifies:
(A) The common name that identifies the species (examples include:
Chinook (or king) salmon; bluefin tuna; and whitetail deer) and whether
or not the listed species is venomous; and
(B) The number of that species (or other appropriate measure of
quantity such as gross or net weight).
The invoice, packing list, bill of lading, or equivalent document must
be securely attached to the outside of one container or package in the
shipment or otherwise physically accompany the shipment in a manner
which makes it readily accessible for inspection; or
(2) Affixing the shipper's wildlife import/export license number
preceded by the three letters ``FWS'' on the outside of each container
or package containing fish or wildlife, if the shipper has valid
wildlife import/export license issued under authority of 50 CFR part 14.
For each shipment marked in accordance with this paragraph, the records
maintained under Sec. 14.93(c) must include a copy of the invoice,
packing list, bill of lading, or other similar document that accurately
states the information required by paragraph (a)(1)(ii) of this section.
(3) In the case of subcontainers or packages within a larger packing
container, only the outermost container must be marked in accordance
with this section. Except, that for live fish or
[[Page 62]]
wildlife that are packed in subcontainers within a larger packing
container, if the subcontainers are numbered or labeled, the packing
list, invoice, bill or lading, or other similar document, must reflect
that number or label. However, each subcontainer containing a venomous
species must be clearly marked as venomous.
(4) A conveyance (truck, plane, boat, etc.) is not considered a
container for purposes of requiring specific marking of the conveyance
itself, provided that:
(i) The fish or wildlife within the conveyance is carried loosely or
is readily identifiable, and is accompanied by the document required by
paragraph (a)(1)(ii) of this section, or
(ii) The fish or wildlife is otherwise packaged and marked in
accordance with this subpart.
(b) The requirements of Sec. 14.81 do not apply to containers or
packages containing--
(1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat,
and karakul that have been bred and born in captivity, or their
products, if a signed statement certifying that the animals were bred
and born in captivity accompanies the shipping documents;
(2) Fish or shellfish contained in retail consumer packages labeled
pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; or
(3) Fish or shellfish that are landed by, and offloaded from, a
fishing vessel (whether or not the catch has been carried by the fishing
vessel interstate), as long as the fish or shellfish remain at the place
where first offloaded.
(Approved by the Office of Management and Budget under control number
1018-0022)
[52 FR 45341, Nov. 27, 1987, as amended at 61 FR 31871, June 21, 1996]
Subpart I_Import/Export Licenses
Sec. 14.91 License requirement.
(a) Prohibition. Except as otherwise provided in this subpart, it is
unlawful for any person to engage in business as an importer or exporter
of wildlife without first having obtained a valid import/export license
from the Director.
(b) Definition. As used in this subpart, the phrase engage in
business as an importer or exporter of wildlife means for a person to
devote time, attention, labor, or effort to any activity for gain or
profit that involves the importation or exportation of wildlife whether
or not such person is an importer or exporter within the meaning of the
customs laws of the United States.
(c) Certain persons required to be licensed. The definition in
paragraph (b) of this section includes, but is not limited to, persons
who import or export wildlife for commercial purposes:
(1) For trade, sale, or resale, such as animal dealers, animal
brokers, pet dealers, pet suppliers, and laboratory research suppliers;
(2) In the form of fur for tanning, manufacture, or sale, such as
fur trappers, dealers, brokers, and manufacturers;
(3) In the form of hides and skins for tanning, manufacture, or
sale, such as hide, skin, and leather dealers, brokers, manufacturers,
and processors;
(4) In the form of products (such as garments, bags, shoes, boots,
jewelry, rugs, or curios) for sale, such as wholesalers, retailers,
distributors, and brokers;
(5) As taxidermists in connection with the mounting processing, or
storage of trophies or specimens;
(6) As freight forwarders; and
(7) In the form of food products taken from populations of non-
domesticated animals.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31871, June 21, 1996]
Sec. 14.92 Exceptions to license requirement.
(a) Certain wildlife. Any person may engage in business as an
importer or exporter of the following wildlife without procuring an
import/export license:
(1) Shellfish and fishery products that do not require a permit
under part 17 or 23 of this subchapter B and that are imported or
exported for purposes of human or animal consumption;
(2) Shellfish and fishery products that do not require a permit
under part 17 or 23 of this subchapter B and that are taken in waters
under the jurisdiction of the United States or on the high seas for
recreational purposes;
[[Page 63]]
(3) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat,
and karakul and their products if the animals have been bred and born in
captivity;
(4) Live farm-raised fish and farm-raised eggs of species not
requiring a permit under part 17 or 23 of this subchapter B that are
being exported;
(5) Live aquatic invertebrates of the Class Pelecypoda (commonly
known as oysters, clams, mussels, and scallops) and the eggs, larvae, or
juvenile forms thereof exported for purposes of propagation or research
related to propagation; and
(6) Pearls imported or exported for commercial purposes.
(b) Certain persons. The following persons may engage in business as
importers or exporters of wildlife without procuring an import/export
license: Provided, That such persons keep such records as will fully and
correctly disclose each importation or exportation of wildlife made by
them and the subsequent disposition made by them with respect to the
wildlife, and that subject to applicable limitations of law, duly
authorized Service officers at all reasonable times shall, upon notice,
be afforded access to such persons' places of business, an opportunity
to examine their inventory of imported wildlife and the records required
above, and an opportunity to copy such records:
(1) Common carriers when engaged as transporters and not as
importers or exporters of record;
(2) Custom house brokers when engaged as agents and not as importers
or exporters of record;
(3) Public museums, or other public, scientific or educational
institutions, importing or exporting wildlife for research or
educational purposes and not for resale;
(4) Federal, State, or municipal agencies; and
(5) Circuses importing or exporting wildlife for exhibition purposes
only and not for purchase, sale, barter, or transfer of such wildlife.
[45 FR 56673, Aug. 25, 1980, as amended at 45 FR 86497, Dec. 31, 1980;
50 FR 52890, Dec. 26, 1985; 61 FR 31871, June 21, 1996]
Sec. 14.93 License application procedure, conditions, and duration.
(a) General. The Director may, upon receipt of an application
submitted in accordance with the provisions of this section and
Sec. Sec. 13.11 and 13.12 of this subchapter, issue a license
authorizing the applicant to engage in business as an importer or
exporter of wildlife.
(b) Application procedure. Applications for import/export licenses
must be submitted to the appropriate Special Agent in Charge (see Sec.
10.22 of this subchapter). Each application must contain the general
information and certification required by Sec. 13.12(a) of this
subchapter, plus the following additional information:
(1) A brief description of the nature of the applicant's business as
it relates to the importation or exportation of wildlife, e.g., ``live
animal dealer,'' ``fur broker,'' ``taxidermist,'' ``retail department
store,'' and ``pet shop;''
(2) If the application is in the name of a business, a statement
disclosing the names and addresses of all partners and principal
officers;
(3) A statement of where books or records concerning wildlife
imports or exports will be kept;
(4) A statement of where inventories of wildlife will be stored; and
(5) Name, address, and telephone number of the officer, manager, or
other person authorized to make rec ords or wildlife inventories
available for examination by Service officials.
(c) Additional license conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, import/export
licenses are subject to the following special conditions:
(1) The licensee shall, from the effective date of the license, keep
such records as will fully and correctly disclose each importation or
exportation of wildlife made by the licensee and the subsequent
disposition made by the licensee with respect to such wildlife. The
records must include a general description of the form of the wildlife,
such as ``live,'' ``raw hides,'' or ``fur garments;'' the quantity of
wildlife, in numbers, weight, or other appropriate measure; the common
and scientific names; the country or place of origin of the wildlife, if
known; the date and place of import or export; the date of
[[Page 64]]
the subsequent disposition of the wildlife; the manner of disposition,
whether by sale, barter, consignment, loan, delivery, destruction, or
other means; and the name and address of the person who received the
wildlife pursuant to such disposition, if applicable;
(2) Licensees shall include and retain in their records copies of
all permits required by the laws and regulations of the United States
and any country of export or origin;
(3) Licensees shall maintain such books and records for a period of
five years;
(4) Subject to applicable limitations of law, licensees must provide
duly authorized Service officers at all reasonable times, upon notice,
access to the licensee's places of business and give an opportunity to
examine the licensee's inventory of imported wildlife and the records
required to be kept under paragraph (c)(1) of this section, and give an
opportunity to copy such records;
(5) Licensees must, upon written request by the Director, submit
within 30 days of such request a report containing the information
required to be maintained by paragraph (c)(1) of this section.
(6) An import/export license is only permission to engage in
business as an importer or exporter of wildlife. Such a license is in
addition to, and does not supersede, any other requirement established
by law for the importation or exportation of wildlife.
(7) Licensees agree to pay, as a condition of the license,
reasonable user fees for inspections of commercial wildlife shipments
imported or exported under the authorization of the license.
(d) Duration of license. Any license issued under this section
expires on the date designated on the face of the license. In no case
will the license be valid for more than 1 year from the date of
issuance.
(e) Issuance, denial, suspension, revocation, or renewal of license.
Payment of all license and inspection fees shall be a condition of the
license. It shall be grounds for suspension or revocation of any
license, or for denial or renewal of a license, or of grant of a new
import/export license to any person named as the holder, or a principal
officer or agent of a holder, of a previous license issued pursuant to
this subpart, that any license fees or any fees owing for inspections of
wildlife shipments remain unpaid at the time of application for renewal
or of new application. Additional provisions governing the issuance,
denial, suspension, revocation, and renewal of an import/export license
are found in part 13 of this subchapter B.
[45 FR 56673, Aug. 25, 1980, as amended at 50 FR 52890, Dec. 26, 1985;
61 FR 31871, June 21, 1996]
Sec. 14.94 What fees apply to me?
(a) License and inspection fees. We will impose a yearly fee for a
license pursuant to Sec. 14.93. In addition, you must pay an inspection
fee for each wildlife shipment imported into or exported from the United
States at a designated port. If you import into or export from the
United States wildlife shipments meeting the criteria outlined in
paragraph (e) of this section, you are exempt from the designated port
inspection fee, or nondesignated port administrative fee and hourly
minimums, whichever apply. However, you must pay applicable overtime
fees and permit fees.
(b) Designated port overtime fees. The Service may charge importers
or exporters of wildlife, regardless of being licensed as a commercial
importer or exporter, a fee for overtime for inspections that begin
before normal working hours, that extend beyond normal working hours, or
are on a holiday, Saturday, or Sunday if the importer/exporter requested
that the inspection be performed outside normal work hours. Overtime
fees consist of an increased hourly rate equal to 1\1/2\ times the
average hourly rate of a journeyman level wildlife inspector. Overtime
fees will be in addition to inspection fees imposed for license holders
at designated ports. If an importer/exporter presents a shipment for
inspection during normal work hours but the Service cannot perform the
inspection during normal work hours on that day, the service will give
the importer/exporter the option of performing the inspection later
during normal work hours or charging for overtime. The Service's ability
to perform inspections during overtime hours will depend on the
[[Page 65]]
availability of Service personnel. The Service will use the following
parameters when calculating the overtime fee:
(1) Inspection overtime commences when a Service officer departs
that officer's residence or official duty station enroute to the
inspection site or at the end of normal work hours. Inspection overtime
terminates when the officer returns to the point of departure or
official duty station or when the inspection is completed, whichever
occurs later.
(2) For an inspection at a designated port beginning less than 1
hour before normal work hours, the Service will charge 1 hour of time,
at an hourly rate of 1\1/2\ times the average hourly rate of a
journeyman level Wildlife Inspector. For all other overtime inspections
at a designated port the Service will charge a minimum of 2 hours of
time, at an hourly rate of 1\1/2\ times the average hourly rate of a
journeyman level Wildlife Inspector, except that for all inspections
performed on a federal holiday the Service will charge a minimum of 2
hours at twice the average hourly rate of a journeyman level Wildlife
Inspector.
(3) The Service will charge any inspection time in excess of the 2-
hour minimum in quarter hour increments at the same hourly rate as the
first 2 hours. The Service will round up inspection time of 10 minutes
or more to the next quarter hour and will disregard any time less than
10 minutes.
(4) The fee schedule will apply to all inspections regardless of
importer/exporter of record, except, that the Service will charge
multiple shipments consigned to the same importer/exporter and inspected
at one location one 2-hour minimum or actual time, whichever is greater.
(c) Nondesignated port fees. The Service will charge permittees
issued permits under subpart C of this part, and licensed commercial
importers and exporters a fee for inspections at nondesignated ports.
The fees consist of a flat administrative fee plus a minimum of two
hours of time at staffed nondesignated ports. The Service will use the
following parameters when calculating fees:
(1) During normal working hours the Service will charge permittees
issued permits under subpart C of this part, regardless of being
licensed as a commercial importer or exporter, an administrative fee
plus a minimum of 2 hours of time at the average hourly rate of a
journeyman level wildlife inspector. The Service will charge permittees
requesting clearance outside normal working hours, including Saturday
and Sunday, an administrative fee plus a minimum of 2 hours of time at
1\1/2\ times the average hourly rate of a journeyman level wildlife
inspector, except that for all inspections performed on a federal
holiday the Service will charge a minimum of 2 hours at twice the
average hourly rate of a journeyman level wildlife inspector.
(2) The Service will charge any inspection time in excess of the 2-
hour minimum in quarter hour increments at the same hourly rate as the
first 2 hours. The Service will round up inspection time of 10 minutes
or more to the next quarter hour and will disregard any time less than
10 minutes.
(3) The Service will not charge importers or exporters who are not
required to have a permit under subpart C of this part, except that the
Service will charge licensed importers or exporters an administrative
fee only during normal working hours, and overtime hourly rates and
minimums will apply outside normal working hours.
(4) For inspections performed under a permit issued under subpart C
of this part at nondesignated ports with no permanent Service law
enforcement staff, the Service will charge all costs associated with
inspection and clearance, including, salary, travel and transportation
costs, and per diem.
(d) Schedule.
------------------------------------------------------------------------
------------------------------------------------------------------------
General Fees
------------------------------------------------------------------------
Import/Export license fee....... $50 per year.
Inspection fee................... $55 per shipment.
----------------------------------
[[Page 66]]
Inspection Fee Schedule
------------------------------------------------------------------------
Designated ports: Licensees:
Inspections during normal $55 Inspection fee.
work hours.
Inspections beginning less than 1 $55 Inspection fee plus $30.
hour before normal work hours.
Inspections beginning more than 1 $55 Inspection fee plus 2 hour
hour before normal work hours. minimum at $30/hr.
Inspections after normal work $55 Inspection fee plus 2 hour
hours (including Saturdays and minimum at $30/hr.
Sundays).
Inspections on federal holidays.. $55 Inspection fee plus 2 hour
minimum at $40/hr.
Designated ports: Nonlicensees:
Inspection during normal work No charge.
hours.
Inspections beginning outside 2 hour minimum at $30/hr.
normal work hours.
Staffed nondesignated ports:
Subpart C permit holders,
regardless of license status:
Inspections during normal $55 Administrative fee plus 2 hour
work hours. minimum at $20/hr.
Inspections beginning outside $55 Administrative fee plus 2 hour
normal work hours (including minimum at $30/hr.
Saturdays and Sundays).
Inspections on federal $55 Administrative fee plus 2 hour
holidays. minimum at $40/hr.
Nonstaffed nondesignated $55 Administrative fee plus all costs
ports:. associated with inspection and
clearance.
Staffed nondesignated ports: No
subpart C permit required
(Border/Special Ports):
Import/export license holders $55 Administrative fee.
All others................... No charge.
------------------------------------------------------------------------
(1) The Service will not refund any fee or any portion of any
license or inspection fee or excuse payment of any fee because
importation or clearance of wildlife shipment is refused for any reason.
(2) [Reserved]
(e) Your wildlife shipments meeting all of the following criteria
are exempt from the designated port inspection fee or nondesignated port
administrative fee and hourly minimums:
(1) The wildlife you are shipping does not require permits under
parts 16, 17, 18, 21, 22, or 23 of this subchapter;
(2) You are importing or exporting wildlife between the United
States and Canada or Mexico;
(3) The wildlife you are shipping consists of raw fur, raw, salted,
or crusted hides or skins, or separate parts thereof, lawfully taken
from the wild in the United States, Canada, or Mexico;
(4) You, as the importer or exporter of record, or a member of your
immediate family (your spouse, parents, siblings, and children), took
the wildlife from the wild;
(5) You are licensed in accordance with Sec. 14.91;
(6) You have not previously bought or sold the wildlife or any part
thereof being shipped;
(7) Your shipment does not exceed 100 raw furs, raw, salted, or
crusted hides or skins, or separate parts thereof;
(8) Your shipment does not contain any manufactured products or live
animals.
(9) You certify that your shipment meets the criteria in this
paragraph.
[61 FR 31871, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]
Subpart J_Standards for the Humane and Healthful Transport of Wild
Mammals and Birds to the United States
Source: 57 FR 27108, June 17, 1992, unless otherwise noted.
Sec. 14.101 Purposes.
The purpose of this subpart is to prescribe requirements necessary
to ensure that live wild mammals and birds shipped to the United States
arrive alive, healthy, and uninjured, and that transportation of such
animals occurs
[[Page 67]]
under humane and healthful conditions. These regulations implement
section 9(d) of the Lacey Act Amendments of 1981.
Sec. 14.102 Definitions.
In addition to the definitions contained in part 10 of subchapter B
of this chapter, in this subpart--
Ambient air temperature means the temperature of the air surrounding
a primary enclosure containing a wild mammal or bird.
Auxiliary ventilation means cooling or air circulation provided by
such means as vents, fans, blowers, or air conditioning.
Carrier means any person operating an airline, railroad, motor
carrier, shipping line, or other enterprise engaged in the business of
transporting any wild mammal or bird for any purpose including
exhibition and for any person, including itself.
Communicable disease means any contagious, infectious, or
transmissible disease of wild mammals or birds.
Conveyance means any vehicle, vessel, or aircraft employed to
transport an animal between its origin and destination.
Do not tip means do not excessively rock or otherwise move from a
vertical to a slanting position, knock over, or upset.
Handle means feed, manipulate, crate, shift, transfer, immobilize,
restrain, treat, or otherwise control the movement or activities of any
wild mammal or bird.
Holding area means a designated area at or within a terminal
facility that has been specially prepared to provide shelter and other
requirements of wild mammals or birds being transported to the United
States and in which such mammals or birds are maintained prior to,
during, or following such shipment.
Kept clean means maintained free from dirt, trash, refuse, excreta,
remains from other cargo, and impurities of any type.
Marine mammal means an individual of a species of the orders
Cetacea, Pinnipedia, or Sirenia, or a polar bear (Ursus maritimus) or
sea otter (Enhydra lutris).
Noncompatible means not capable of existing together in harmony.
Nonhuman primate means any nonhuman member of the order Primates.
Normal rigors of transportation means the stress that a wild animal
can be expected to experience as a result of exposure to unaccustomed
surroundings, unfamiliar confinement, caging, unfamiliar sounds, motion,
and other conditions commonly encountered during transport.
Primary enclosure means any structure used to restrict a mammal or
bird to a limited amount of space, such as a cage, room, pen, run,
stall, pool, or hutch.
Professionally accepted standards means a level of practice
established as acceptable by a body of qualified persons of the
veterinary medical profession.
Psychological trauma means an episode of exposure to stressful
conditions resulting in significant behavioral abnormality including,
but not limited to, manifestations of unaccustomed aggressiveness, self-
mutilation, or refusal of food or water.
Raptor means a live migratory bird of the order Falconiformes or the
order Strigiformes.
Sanitize means to make physically clean and, as far as possible,
free of toxic or infectious agents injurious to the health of wild
mammals or birds.
Scheduled departure time means the time listed on a timetable of
departures and arrivals or, in the absence of a timetable, the time of
departure agreed to by a carrier and shipper.
Shipper means any person, other than a carrier, involved in the
transport of wild animals to the United States regardless of the purpose
of such transport; e.g., exporter, importer, or agent.
Terrestrial mammals means mammals other than marine mammals.
Transport means to move, convey, carry, or ship by any means, or to
deliver or receive for the purpose of movement, carriage, or shipment,
by air, land, or sea.
Transporting device means any vehicle or device used to transport an
animal between a conveyance and a terminal facility, in and around a
terminal facility of a carrier, or within a conveyance.
[[Page 68]]
Unweaned means a bird or mammal incapable of feeding itself
independently.
Wild means the same as fish or wildlife, as defined in Sec. 10.12
of this chapter.
Sec. 14.103 Prohibitions.
Unless the requirements of this subpart are fully satisfied and all
other legal requirements are met, it is unlawful for any person to
transport to the United States, cause to be transported to the United
States, or allow to be transported to the United States any live wild
mammal or bird. It shall be unlawful for any person to import, to
transport, or to cause or permit to be transported to the United States
any wild mammal or bird under inhumane or unhealthful conditions or in
violation of this subpart J.
Sec. 14.104 Translations.
Any certificate or document required by this subpart to accompany a
mammal or bird transported to the United States and written in a foreign
language must be accompanied by an accurate English translation.
Sec. 14.105 Consignment to carrier.
(a) No carrier shall accept any live wild mammal or bird for
transport to the United States that has not been examined within 10 days
prior to commencement of transport to the United States by a
veterinarian certified as qualified by the national government of the
initial country from which the mammal or bird is being exported. If the
national government of such country does not certify veterinarians, then
the veterinarian must be certified or licensed by a local government
authority designated by the national government as authorized to certify
veterinarians.
(b)(1) A certificate of veterinary medical inspection, signed by the
examining veterinarian, stating that the animal has been examined, is
healthy, appears to be free of any communicable disease, and is able to
withstand the normal rigors of transport must accompany the mammal or
bird; the certificate should include the veterinarian's license number,
certification number, or equivalent. A mammal in the last third of its
pregnancy, if this is detectable using professionally accepted
standards, shall not be accepted for transport to the United States
except for medical treatment and unless the examining veterinarian
certifies in writing that the animal has been examined, the state of
pregnancy has been evaluated, and that, despite the medical condition
requiring treatment, the animal is physically able to withstand the
normal rigors of transportation to the United States.
(2) A nursing mother with young, an unweaned mammal unaccompanied by
its mother, or an unweaned bird shall be transported only if the primary
purpose is for needed medical treatment and upon certification in
writing by the examining veterinarian that the treatment is necessary
and the animal is able to withstand the normal rigors of transport. Such
an unweaned mammal or bird shall not be transported to the United States
for medical treatment unless it is accompanied at all times by and
completely accessible to a veterinary attendant.
(c) A sick or injured wild mammal or bird shall be permitted
transport to the United States only if the primary purpose of such
transport is for needed medical treatment and upon certification in
writing by the examining veterinarian that the treatment is necessary
and the animal is able to withstand the normal rigors of travel in its
present condition. A sick or injured animal shall be accompanied at all
times throughout the transport process by a veterinary attendant
qualified to care for and treat it, with continuous access to the
animal. This individual shall be in possession of or have ready access
to all medications to be administered during the transport.
(d) No carrier shall accept any wild mammal or bird for transport to
the United States presented by the shipper less than 2 hours or more
than 6 hours prior to the scheduled departure of the conveyance on which
it is to be transported. The carrier shall notify the crew of the
presence of live animal shipments.
Sec. 14.106 Primary enclosures.
No carrier shall accept for transport to the United States any live
wild mammal or bird in a primary enclosure
[[Page 69]]
that does not conform to the following requirements:
(a) The Container Requirements of the Live Animal Regulations (LAR),
20th edition, October 1, 1993, published by the International Air
Transport Association (IATA) shall be complied with by all parties
transporting wild mammals or birds to the United States. The
incorporation by reference of the LAR was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from IATA, 2000 Peel St., Montreal, Quebec,
Canada H3A 2R4. Copies may be inspected at the U.S. Fish and Wildlife
Service, 4401 N. Fairfax Dr., Arlington, VA 22203 or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
(b) A primary enclosure shall be constructed so that--
(1) The strength of the enclosure is sufficient to contain the
mammal or bird and to withstand the normal effects of transport;
(2) The interior of the enclosure is free from any protrusion that
could be injurious to the mammal or bird within;
(3) No part of the animal can extend or protrude outside of the
primary enclosure which may result in injury to the contained animal, to
nearby persons or animals, or to handlers of the primary enclosure;
(4) Access to the primary enclosure is closed and secured with an
animal-proof device designed to prevent accidental opening and release
of the mammal or bird;
(5) The opening of the enclosure is easily accessible for either
emergency removal or inspection of the mammal or bird by authorized
personnel without the risk of escape of the mammal or bird;
(6) The enclosure has sufficient openings to ensure adequate
circulation of air at all times.
(7) The material of which the primary enclosure is constructed is
not treated with any paint, preservative, or other chemical that is
injurious or otherwise harmful to the health or well-being of mammals
and birds.
(c) Unless the enclosure is permanently affixed in the conveyance or
has an open top for certain large mammals, spacer bars allowing
circulation of air around the enclosure shall be fitted to the exterior
of its top, sides, and base. Spacer bars on an enclosure need extend no
more than 6 inches (15 centimeters) from the surface of the enclosure.
Within this 6 inch limit, the spacers on an enclosure containing one
animal shall extend a distance equal to at least 10 percent of the
longer dimension of the surface to which they are attached, and the
spacers on an enclosure containing more than one animal shall extend a
distance equal to at least 20 percent of the longer dimension of the
surface to which they are attached. Hand-holds may serve as spacer bars
for the sides of the enclosure to which they are attached. A primary
enclosure constructed with one or more slanted or curved walls
containing ventilation openings need not be fitted with spacer bars on
such walls.
(d) An enclosure that is not permanently affixed within the
conveyance shall have adequate hand-holds or other devices for lifting
by hand or to facilitate lifting and carrying by machine. Such hand-
holds or other devices shall be made an integral part of the enclosure,
shall enable it to be lifted without excessive tipping, and shall be
designed so that the person handling the enclosure will not come in
contact with the animals contained therein.
(e) An enclosure shall have a solid, leak-proof bottom or removable,
leak-proof collection tray under a slatted or wire mesh floor. The
slatted or wire mesh floor shall be designed and constructed so that the
spaces between the slats or the holes in the mesh cannot trap the limbs
of animals contained within the enclosure. An enclosure for mammals
shall contain unused absorbent litter on the solid bottom or in the
leak-proof tray in sufficient quantity to absorb and cover excreta. This
litter shall be safe and nontoxic and shall not resemble food normally
consumed by the mammals. An enclosure used to transport marine mammals
in water,
[[Page 70]]
in a waterproof enclosure, a sling, or on foam is exempt from the
requirement to contain litter. An enclosure used to transport birds
shall not contain litter, unless it is specified in writing by the
examining veterinarian as medically necessary.
(f) If an enclosure has been previously used to transport or store
wild mammals or birds, it shall have been cleaned and sanitized in a
manner that will destroy pathogenic agents and pests injurious to the
health of mammals and birds before the enclosure can be re-used.
(g) An enclosure that is not permanently affixed in the conveyance
shall be clearly marked in English on the outside of the top and one or
more sides of the enclosure, in letters not less than 2.5 centimeters (1
inch) in height, ``Live Animals'' or ``Wild Animals'', ``Do Not Tip,''
``Only Authorized Personnel May Open Container,'' and other appropriate
or required instructions. All enclosure sides shall also be
conspicuously marked on the outside with arrows to indicate the correct
upright position of the enclosure. These arrows should extend up the
sides of the enclosure so that the point of the arrow is visible and
clearly indicates the top of the enclosure.
(h) Food and water instructions as specified in Sec. 14.108,
information regarding what constitutes obvious signs of stress in the
species being transported, and information about any drugs or medication
to be administered by the accompanying veterinary attendant shall be
securely attached to each enclosure. Copies of shipping documents
accompanying the shipment shall also be securely attached to the primary
enclosure. Original documents shall be carried in the carrier's pouch or
manifest container or by the shipper's attendant accompanying the wild
mammal or bird.
(i) Any food and water troughs shall be securely attached to the
interior of the enclosure in such a manner that the troughs can be
filled from outside the enclosure. Any opening providing access to a
trough shall be capable of being securely closed with an animal-proof
device. A water trough in an enclosure containing birds shall contain a
foam or sponge insert, a perforated wooden block, or other suitable
device to prevent spillage or drowning.
(j) When a primary enclosure is permanently affixed within a
conveyance so that its front opening is the only source of ventilation,
the opening shall face the outside of the conveyance or an unobstructed
aisle or passageway within the conveyance. Such an aisle or passageway
shall be at least 12 inches (30 centimeters) wide. The opening in the
primary enclosure shall occupy at least 90 percent of the total surface
area of the front wall of the enclosure and be covered with bars or wire
mesh.
[57 FR 27108, June 17, 1992, as amended at 59 FR 36719, July 19, 1994;
69 FR 18803, Apr. 9, 2004]
Sec. 14.107 Conveyance.
(a) The animal cargo space of a conveyance used to transport wild
mammals or birds to the United States shall be designed, constructed,
and maintained so as to ensure the humane and healthful transport of the
animals.
(b) The cargo space shall be constructed and maintained so as to
prevent the harmful ingress of engine exhaust fumes and gases produced
by the conveyance.
(c) No wild mammal or bird shall be placed in a cargo space of a
conveyance that does not provide sufficient air for it to breathe
normally. Primary enclosures shall be positioned in a cargo space in
such a manner that each animal has access to sufficient air for normal
breathing.
(d) The interior of an animal cargo space shall be kept clean of
disease-causing agents.
(e) A wild mammal or bird shall not be transported in a cargo space
that contains any material, substance, or device that may reasonably be
expected to result in inhumane conditions or be injurious to the
animal's health unless all reasonable precautions are taken to prevent
such conditions or injury.
Sec. 14.108 Food and water.
(a) No carrier shall accept any wild mammal or bird for transport to
the United States unless written instructions from the shipper
concerning the animal's food and water requirements
[[Page 71]]
are securely affixed to the outside of its primary enclosure. Such
instructions shall be consistent with professionally accepted standards
of care and include specifically the quantity of water required, the
amount and type of food required, and the frequency of feeding and
watering necessary to ensure that the animal is transported humanely and
healthfully.
(b) A mammal or bird requiring drinking water shall have
uncontaminated water suitable for drinking made available to it at all
times prior to commencement of transport to the United States, during
intermediate stopovers, and upon arrival in the United States, or as
directed by the shipper's written instructions.
(c) A mammal or bird that obtains moisture from fruits or other food
shall be provided such food prior to commencement of transport to the
United States, during stopovers, and upon arrival in the United States,
or as directed by the shipper's written instructions.
(d) During a stopover or while still in the custody of the carrier
after arrival in the United States, a mammal or bird in transit shall be
observed no less frequently than once every four hours and given food
and water according to the instructions required by Sec. 14.108(a).
(e) Suitable and sufficient food shall be made available during
transport.
(f) Additional requirements for feeding and watering particular
kinds of animals are found below in the specifications for the various
groups.
Sec. 14.109 Care in transit.
(a) During transportation to the United States, including any
stopovers during transport, the carrier shall visually inspect each
primary enclosure not less than once every 4 hours, or in the case of
air transport, every 4 hours whenever the cargo hold is accessible.
During such inspections, the carrier shall verify that the ambient air
temperature is within allowable limits (see Sec. 14.109(b)), that
enclosures have not been damaged, that adequate ventilation is being
provided, and when transport is by air, that air pressure suitable to
support live animals is maintained within the cargo area (pressure
equivalent to a maximum altitude of 8000 feet). During these
observations the carrier shall also determine whether any animals are in
obvious distress as described in documents attached to the enclosure.
The absence of such a document or the absence of information as to signs
of distress shall not remove this responsibility. The carrier shall
attempt to correct any condition causing distress and shall consult the
shipper concerning any possible need for veterinary care if no
veterinary attendant is traveling with the shipment; if the shipper
cannot be reached in the case of an emergency, qualified veterinary care
should be provided. A veterinarian or qualified attendant traveling with
the shipment shall be provided access to the animal.
(b) Unless otherwise specified in writing by the examining
veterinarian the ambient air temperature in a holding area, transporting
device, conveyance or terminal facility containing mammals or birds
shall not be allowed to fall below 12.8 degrees C (55 degrees F) nor to
exceed 26.7 degrees C (80 degrees F). Auxiliary ventilation shall be
provided when the ambient air temperature is 23.9 degrees C (75 degrees
F) or higher. In the case of penguins and auks, the ambient air
temperature shall not be allowed to exceed 18.3 degrees C (65 degrees F)
at any time, and auxiliary ventilation shall be provided when the
ambient air temperature exceeds 15.6 degrees C (60 degrees F). In the
case of polar bears and sea otters, ambient air temperature shall not be
allowed to exceed 10 degrees C (50 degrees F).
Sec. 14.110 Terminal facilities.
(a) Any terminal facility used for wild mammal or bird transport in
the country of export, stopover countries, or the United States shall
contain an animal holding area or areas. No carrier or shipper shall co-
mingle live animal shipments with inanimate cargo in an animal holding
area.
(b) A carrier or shipper holding any wild mammal or bird in a
terminal facility shall provide the following:
(1) A holding area cleaned and sanitized so as to destroy pathogenic
agents, maintained so that there is no accumulation of debris or
excreta, and
[[Page 72]]
in which vermin infestation is minimized;
(2) An effective program for the control of insects, ectoparasites,
and pests of mammals or birds;
(3) Sufficient fresh air to allow the animals to breathe normally
with ventilation maintained so as to minimize drafts, odors, and
moisture condensation;
(4) Ambient air temperatures maintained within prescribed limits as
specified in Sec. 14.109(b).
Sec. 14.111 Handling.
(a) Care shall be exercised to avoid handling the primary enclosure
in a manner likely to cause physical or psychological trauma to the
mammal or bird.
(b) A primary enclosure used to move any mammal or bird shall not be
dropped, tipped excessively, or otherwise mishandled, and shall not be
stacked or placed in a manner that may reasonably be expected to result
in its falling or being tipped.
(c) Animals incompatible with one another shall not be crated
together or held in close proximity.
(d) Transport of mammals or birds to the United States shall be
accomplished by the carrier in the most expeditious manner, with the
fewest stopovers possible, and without unnecessary delays.
(e) Consistent with other procedures and requirements of the
carrier, live wild mammals or birds shall be last loaded and first
unloaded from a conveyance.
(f) A carrier shall not allow mammals or birds to remain for
extended periods of time outside a holding area and shall move them
between a holding area and a conveyance as expeditiously as possible. A
carrier or shipper maintaining mammals or birds in a holding area, or
transporting them to or from a holding area or between a holding area
and a conveyance, shall provide the following:
(1) Shelter from sunlight. When sunlight is likely to cause
overheating or discomfort, sufficient shade shall be provided to protect
animals from the direct rays of the sun.
(2) Shelter from precipitation. Animals shall be provided protection
so that they remain dry during rain, snow, or other forms of
precipitation.
(3) Shelter from cold. Animals shall be provided protection from
cold. Protection shall include, but not be limited to, that provided by
covering and/or heating of transporting devices, holding areas,
conveyances or terminal facilities.
(4) Protection from harassment. Animals shall be protected from
disturbances, including, but not limited to, harassment by humans, other
animals, or machinery that makes noise, emits fumes, heat, or light, or
causes vibration.
Sec. 14.112 Other applicable provisions.
In addition to the provisions of Sec. Sec. 14.101-14.111, the
requirements of Sec. Sec. 14.121-14.172 applicable for particular
groups of animals shall be met for all shipments of wild mammals and
birds covered by this part.
Specifications for Nonhuman Primates
Sec. 14.121 Primary enclosures.
(a) No more than one primate shall be transported in a primary
enclosure. However, a mother and her nursing young being transported to
the United States for medical treatment, an established male-female
pair, a family group, a pair of juvenile animals that have not reached
puberty, or other pairs of animals that have been habitually housed
together may be shipped in the same primary enclosure. Primates of
different species shall not be shipped together in the same enclosure.
(b) A primary enclosure used to transport a primate shall be large
enough to ensure that the animal has sufficient space to turn around
freely in a normal manner, lie down, stand up (as appropriate for the
species), and sit in a normal upright position without its head touching
the top of the enclosure. However, a primate may be restricted in its
movements according to professionally accepted standards of care when
greater freedom of movement would constitute a danger to the primate or
to its handler or other persons.
(c) Except as provided in Sec. 14.106(j), ventilation openings must
be located
[[Page 73]]
on at least two walls of a primary enclosure. When the required
ventilation openings are located on two opposite walls of the primary
enclosure, these ventilation openings shall comprise at least 30 percent
of the total surface area of the ventilated wall and be situated above
the midline of the enclosure. If ventilation openings are located on all
four walls of the enclosure, the openings on each wall shall comprise at
least 20 percent of the total surface area of the wall and be situated
above the midline of the primary enclosure.
Sec. 14.122 Food and water.
(a) A nonhuman primate shall be provided water suitable for drinking
within 4 hours prior to commencement of transport to the United States
unless the shipper's written instructions direct otherwise. A carrier
shall provide suitable drinking water to any primate at least every 12
hours after acceptance for transport to the United States, unless
instructed in writing to do so more frequently by the shipper.
(b) After acceptance for transport, and unless otherwise instructed
in writing by the shipper, a carrier shall provide suitable food to any
nonhuman primate at least once every 12 hours.
Sec. 14.123 Care in transit.
(a) A primate shall be observed for signs of distress and given food
and water according to the shipper's instructions during any
intermediate stop that lasts more than 4 hours.
(b) Care shall be taken to keep enclosures containing primates
sufficiently separated in the conveyance or holding area to minimize the
risk of spread of disease from one species or shipment to another.
Specifications for Marine Mammals (Cetaceans, Sirenians, Sea Otters,
Pinnipeds, and Polar Bears)
Sec. 14.131 Primary enclosures.
(a) A primary enclosure that is not open on top shall have air
inlets situated at heights that provide cross ventilation at all levels
and that are located on all four sides of the enclosure. Such
ventilation openings shall comprise not less than 20 percent of the
total surface area of each side of the enclosure.
(b) Straps, slings, harnesses, or other such devices used for body
support or restraint when transporting marine mammals such as cetaceans
or sirenians shall meet the following requirements:
(1) The devices shall not prevent attendants from having access to
the mammal to administer care during transportation;
(2) The devices shall be equipped with sufficient padding to prevent
trauma or injury at points of contact with the mammal's body;
(3) Slings or harnesses shall allow free movement of flippers
outside of the harness or sling;
(4) The devices shall be capable of preventing the mammal from
thrashing about and causing injury to itself, handlers, or other
persons, but shall be designed so as not to cause injury to the mammal.
(c) A primary enclosure used to transport marine mammals shall be
large enough to assure the following:
(1) A sea otter or polar bear has sufficient space to turn about
freely with all four feet on the floor and to sit in an upright
position, stand, or lie in a natural position;
(2) A pinniped has sufficient space to lie in a natural position;
(3) If a sling, harness, or other supporting device is used, there
are at least 3 inches (7.5 centimeters) of clearance between any body
part and the primary enclosure;
(d) A marine mammal may be restricted in its movements according to
professionally accepted standards of care when freedom of movement would
constitute a danger to the animal or to handlers or other persons.
(e) All marine mammals contained in a given primary enclosure shall
be of the same species and be maintained in compatible groups. A marine
mammal that has not reached puberty shall not be transported in the same
primary enclosure with an adult marine mammal other than its mother.
Socially dependent animals (e.g., siblings, mother, and offspring)
transported in the same conveyance shall be allowed visual and,
[[Page 74]]
when appropriate for the species, olfactory contact. A female marine
mammal shall not be transported in the same primary enclosure with any
mature male marine mammal.
Sec. 14.132 Food and water.
A marine mammal shall not be transported for more than a period of
36 hours without being offered suitable food unless the shipper's
written instructions or the shipper's attendant travelling with the
mammal direct otherwise. After feeding, a marine mammal shall be rested
for 6 hours prior to resuming transport.
Sec. 14.133 Care in transit.
(a) Any marine mammal shall be accompanied, in the same conveyance,
by the shipper or an authorized representative of the shipper
knowledgeable in marine mammal care to provide for the animal's health
and well-being. The shipper or representative shall observe such marine
mammals to determine whether or not they need veterinary care and shall
provide or obtain any needed veterinary care as soon as possible. Care
during transport shall include the following (on a species-specific
basis):
(1) Keeping the skin moist or preventing the drying of the skin by
such methods as covering with wet cloths, spraying it with water or
applying a nontoxic emollient;
(2) Assuring that the pectoral flippers (when applicable) are
allowed freedom of movement at all times;
(3) Making adjustments in the position of the mammal when necessary
to prevent necrosis of the skin at weight pressure points; and
(4) Calming the mammal to prevent struggling, thrashing, and other
activity that may cause overheating or physical trauma.
(b) Unless otherwise directed by a shipper or authorized
representative, at least one-half of the floor area in a primary
enclosure used to transport sea otters to the United States shall
contain sufficient crushed ice or ice water to provide each otter with
moisture necessary to maintain its hair coat by preventing it from
drying and to minimize soiling of the hair coat with urine and fecal
material.
(c) A marine mammal exhibiting excited or otherwise dangerous
behavior shall not be taken from its primary enclosure except under
extreme emergency conditions and then only by the shipper or other
authorized individual who is capable of handling the animal safely.
Specifications for Elephants and Ungulates
Sec. 14.141 Consignment to carrier.
Species that grow antlers shall not be accepted for transport unless
the antlers have been shed or surgically removed.
Sec. 14.142 Primary enclosures.
(a) Except as provided in Sec. 14.106(j), ventilation openings must
be located on at least two walls of a primary enclosure. When the
required ventilation openings are located on two opposite walls of the
primary enclosure, these ventilation openings shall comprise at least 16
percent of the total surface area of each ventilated wall. When
ventilation openings are located on all four walls of the primary
enclosure, the openings shall comprise at least 8 percent of the total
surface area of each wall. At least one-third of the minimum area
required for ventilation shall be located on the lower one-half of the
primary enclosure and at least one-third of the total minimum area
required for ventilation shall be located on the upper one-half of the
primary enclosure.
(b) No more than one elephant or ungulate shall be transported in a
primary enclosure, except that: a mother and nursing young may be
shipped in the same primary enclosure if the shipment complies with the
provisions of Sec. 14.105(b); in the case of land or sea transport, a
pair of juvenile elephants or ungulates or other pairs that have been
habitually housed together may be shipped in the same primary enclosure.
(c) A primary enclosure used to transport an elephant or ungulate
shall be large enough to allow the animal to lie or stand in a natural
upright position with the head extended, but not large enough for the
animal to roll over.
[[Page 75]]
(d) A primary enclosure used to transport an elephant or ungulate
with horns or tusks shall be designed and constructed to prevent the
horns or tusks from becoming trapped or injuring the animal itself,
other animals nearby, attendants, or cargo handlers.
(e) A primary enclosure for an elephant or ungulate shall be
equipped with a removable water trough that can be securely hung within
the enclosure above the floor and can be filled from outside the
enclosure.
Specifications for Sloths, Bats, and Flying Lemurs (Cynocephalidae)
Sec. 14.151 Primary enclosures.
(a) Except as provided in Sec. 14.106(j), ventilation openings must
be located on at least two walls of a primary enclosure. When the
required ventilation openings are located on two opposite walls of the
primary enclosure, these ventilation openings shall comprise at least 16
percent of the total surface area of the ventilated wall. When
ventilation openings are located on all four walls, the openings shall
comprise at least 8 percent of the total surface area of each wall. At
least one-third of the total minimum area required for ventilation of
the primary enclosure shall be located on the upper one-half of the
primary enclosure.
(b) No more than one sloth, bat, or flying lemur (Cynocephalidae)
shall be transported in a primary enclosure. However, a mother and her
nursing young being transported for medical reasons, an established
male-female pair, a family group, a pair of juvenile animals that have
not reached puberty, or other small groups of animals that have been
habitually housed together may be shipped in the same primary enclosure.
(c) A primary enclosure used to transport sloths, bats, or flying
lemurs shall be large enough to ensure that each animal has sufficient
space to move freely and in a normal manner and shall have a wide perch,
bar, or mesh of suitable strength fitted under the top of the enclosure
and spaced from it in such a way that the animals may hang from it
freely in a natural position.
Specifications for Other Terrestrial Mammals
Sec. 14.161 Primary enclosures.
(a) Except as provided in Sec. 14.106(j), ventilation openings must
be located on at least two walls of a primary enclosure. When the
required ventilation openings are located on two opposite walls of the
primary enclosure, these ventilation openings shall comprise at least 16
percent of the total surface area of each ventilated wall. When openings
are located on all four walls of the enclosure, the openings shall
comprise at least 8 percent of the total surface area of each wall. At
least one-third of the minimum area required for ventilation shall be
located on the lower one-half of the enclosure, and at least one-third
of the total minimum area required for ventilation shall be located on
the upper one-half of the enclosure.
(b) No more than one terrestrial mammal (other than rodents) shall
be transported in a primary enclosure. However, a mother and her nursing
young may be shipped in the same primary enclosure if the shipment
complies with the provisions of Sec. 14.105(b).
(c) More than one rodent may be transported in the same primary
enclosure if they are members of the same species and are maintained in
compatible groups. Rodents that are incompatible shall be transported in
individual primary enclosures that are stored and transported so they
are visually separated. A female with young being transported for
medical reasons shall not be placed in a primary enclosure with other
animals. The following chart specifies maximum densities minimum space
for transporting rodents that fall within the specified weight
limitations. Max. No. refers to maximum number per primary enclosure;
Space/animal refers to minimum area of floor space per animals. Rodents
weighing more than 5,000 grams shall be transported in individual
enclosures.
[[Page 76]]
Density Guidelines for Rodents
------------------------------------------------------------------------
Space/Animal Ht. of
Max. ---------------- Box
No. ---------
cm /2/ in /2/ cm in
------------------------------------------------------------------------
wt. in grams of rodent:
220 or less............................ 20 194 30 15 6
220-450................................ 12 388 60 20 8
450-1000............................... 6 770 120 25 10
1,000-5,000............................ 2 2,310 360 30 12
------------------------------------------------------------------------
(d) A primary enclosure used to transport terrestrial mammals shall
be large enough to ensure that each animal has sufficient space to turn
around freely in a normal manner. The height of the primary enclosure
shall provide adequate space for the animal to stand upright in a normal
posture with space above its head. The length of the primary enclosure
shall be great enough to enable the animal to lie in a full prone
position.
Specifications for Birds
Sec. 14.171 Consignment to carrier.
(a) A personally owned pet bird originally transported from the
United States and being returned to this country with its original
United States certificate of veterinary inspection within 60 days of
departure may be accepted by a carrier without a new veterinary
examination.
(b) No carrier shall accept for transport to the United States any
bird that was captured in the wild unless a qualified veterinarian,
authorized by the national government of the country from which the bird
is being exported, certifies that the bird has been held in captivity
for at least 14 days.
Sec. 14.172 Primary enclosures.
(a) A primary enclosure for birds shall have ventilation openings on
two vertical sides that comprise at least 16 percent of the surface area
of each side and are positioned so as to decrease the likelihood of
creating a draft.
(b) Perches shall be provided for birds that rest by perching. The
diameter of the perch shall be sufficient to permit the birds to
maintain a firm, comfortable grip. Perches shall be placed so that
droppings do not fall into food or water troughs or onto other perched
birds. There shall be enough head room to allow the birds to move onto
and off the perches without touching the top of the enclosure.
(c) An enclosure used to transport one or more birds that rest by
perching shall be large enough to ensure that sufficient perch space is
available for all birds to perch comfortably at the same time. No more
than 50 birds that rest by perching shall be transported in one primary
enclosure, with the exception of large birds (longer than 23 cm, or 9
inches), which are limited to a maximum of 25 per primary enclosure.
(d) A primary enclosure used to transport a raptorial bird shall be
large enough to transport the bird comfortably and to permit it to turn
around without stretching its wings to the fullest extent. Only one
raptorial bird shall be contained in a primary enclosure.
(e) A primary enclosure containing nonraptorial birds that do not
rest by perching shall be large enough for the birds to turn around, to
lie down, to stand erect, and to change posture in a normal manner.
(f) Nectar-feeding birds shall either be transported in a primary
enclosure equipped with feeding bottles accessible from outside the
enclosure for replenishment or hand-carried and fed in accordance with
the written instructions of the shipper.
(g) Birds transported in the same primary enclosure shall be of the
same species and be compatible with one another. Birds that are
incompatible shall be placed in individual primary enclosures and these
enclosures shall not be stored or transported in visual proximity to one
another.
PART 15_WILD BIRD CONSERVATION ACT--Table of Contents
Subpart A_Introduction and General Provisions
Sec.
15.1 Purpose of regulations.
15.2 Scope of regulations.
15.3 Definitions.
15.4 Information collection requirements.
Subpart B_Prohibitions and Requirements
15.11 Prohibitions.
15.12 Requirements.
[[Page 77]]
Subpart C_Permits and Approval of Cooperative Breeding Programs
15.21 General application procedures.
15.22 Permits for scientific research.
15.23 Permits for zoological breeding or display programs.
15.24 Permits for cooperative breeding.
15.25 Permits for personal pets.
15.26 Approval of cooperative breeding programs.
Subpart D_Approved List of Species Listed in the Appendices to the
Convention
15.31 Criteria for including species in the approved list for captive-
bred species.
15.32 Criteria for including species in the approved list for non-
captive-bred species.
15.33 Species included in the approved list.
Subpart E_Qualifying Facilities Breeding Exotic Birds in Captivity
15.41 Criteria for including facilities as qualifying for imports.
[Reserved]
15.42 List of foreign qualifying breeding facilities. [Reserved]
Subpart F_List of Prohibited Species Not Listed in the Appendices to the
Convention
15.51 Criteria for including species and countries in the prohibited
list. [Reserved]
15.52 Species included in the prohibited list. [Reserved]
15.53 Countries of export included in the prohibited list. [Reserved]
Authority: 61 U.S.C. 4901-4916.
Source: At 58 FR 60536, Nov. 16, 1993, unless otherwise noted.
Subpart A_Introduction and General Provisions
Sec. 15.1 Purpose of regulations.
The regulations in this part implement the Wild Bird Conservation
Act of 1992, Pub. L. 102-440, 16 U.S.C. 4901-4916.
Sec. 15.2 Scope of regulations.
(a) The regulations in this part apply to all species of exotic
birds, as defined in section 15.3.
(b) The provisions in this part are in addition to, and are not in
lieu of, other regulations of this subchapter B that may require a
permit or prescribe additional restrictions or conditions for the
import, export, reexport, and transportation of wildlife.
Sec. 15.3 Definitions.
In addition to the definitions contained in parts 10 and 23 of this
subchapter B, and unless the context requires otherwise, in this part:
Documentation means a description of how scientific information was
collected, including the methodologies used; names and institutions of
individuals conducting the work; dates and locations of any study; and
any published results or reports from the work.
Exotic bird means any live or dead member of the Class Aves that is
not indigenous to the 50 States or the District of Columbia, including
any egg or offspring thereof, but does not include domestic poultry,
dead sport-hunted birds, dead museum specimens, dead scientific
specimens, products manufactured from such birds, or birds in any of the
following families: Phasianidae. Numididae, Cracidae, Meleagrididae,
Megapodiidae, Anatidae, Struthionidae Rheidae, Dromaiinae, and Gruidae.
Indigenous means a species that is naturally occurring, not
introduced as a result of human activity, and that currently regularly
inhabits or breeds in the 50 States or the District of Columbia.
Life cycle means the annual processes involved with breeding,
migration, and all other non-breeding activities.
Person means an individual, corporation, partnership, trust,
association, or any other private entity; or any officer, employee,
agent, department, or instrumentality of the Federal Government, of any
State, municipality, or political subdivision of a State, or of any
foreign government; any State, municipality, or political subdivision of
a State; or any other entity subject to the jurisdiction of the United
States.
Species means any species, any subspecies, or any district
population segment of a species or subspecies, and includes hybrids of
any species or subspecies. Hybrids will be treated according to the more
restrictive appendix or category in which either parental species is
listed.
[[Page 78]]
Status means a qualitative measure of the vulnerability to
extinction or extirpation of a population at a given time (e.g.,
endangered, threatened, vulnerable, non-threatened, or insufficiently
known).
Sustainable use means the use of a species in a manner and at a
level such that populations of the species are maintained at
biologically viable levels for the long term and involves a
determination of the productive capacity of the species and its
ecosystem, in order to ensure that utilization does not exceed those
capacities or the ability of the population to reproduce, maintain
itself and perform its role or function in its ecosystem.
Trend means a long-term assessment of any change in the absolute or
relative size of a species' population or habitat over time (e.g.,
increasing, decreasing, at equilibrium, insufficiently known).
United States means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands.
[58 FR 60536, Nov. 16, 1993, as amended at 61 FR 2091, Jan. 24, 1996]
Sec. 15.4 Information collection requirements.
(a) The Office of Management and Budget approved the information
collection requirements contained in this part 15 under 44 U.S.C. 3507
and assigned OMB Control Number 1018-0093. The Service may not conduct
or sponsor, and you are not required to respond, to a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria
established in various Federal wildlife conservation statutes and
regulations, on the issuance, suspension, revocation, or denial of
permits. You must respond to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting
requirements to vary from 1 to 4 hours per response, with an average of
2 hours per response, including time for reviewing instructions,
gathering and maintaining data, and completing and reviewing the forms.
Direct comments regarding the burden estimate or any other aspect of
these reporting requirements to the Service Information Collection
Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service,
Washington, DC 20240, or the Office of Management and Budget, Paperwork
Reduction Project (1018-0093), Washington, DC 20603.
[63 FR 52634, Oct. 1, 1998]
Subpart B_Prohibitions and Requirements
Sec. 15.11 Prohibitions.
(a) Except as provided under a permit issued pursuant to subpart C
of this part, it is unlawful for any person subject to the jurisdiction
of the United States to commit, attempt to commit, to solicit another to
commit, or to cause to be committed, any of the acts described in
paragraphs (b) through (f) of this section in regard to any exotic bird.
(b) It is unlawful to import into the United States any exotic bird
species listed in the Appendices to the Convention that is not included
in the approved list of species, pursuant to subpart D of this part,
except that this paragraph (b) does not apply to any exotic bird that
was bred in a foreign breeding facility listed as qualifying pursuant to
subpart E of this part.
(c) It is unlawful to import into the United States any exotic bird
species not listed in the Appendices to the Convention that is listed in
the prohibited species list, pursuant to subpart F of this part.
(d) It is unlawful to import into the United States any exotic bird
species from any country included in the prohibited country list,
pursuant to subpart F of this part.
(e) It is unlawful to import into the United States any exotic bird
species from a qualifying facility breeding exotic birds in captivity,
listed pursuant to subpart E of this part, if the exotic bird was not
captive-bred at the listed facility.
[[Page 79]]
(f) It is unlawful for any person subject to the jurisdiction of the
United States to engage in any activity with an exotic bird imported
under a permit issued pursuant to this part that violates a condition of
said permit.
[58 FR 60536, Nov. 16, 1993, as amended at 59 FR 62255, Dec. 2, 1994]
Sec. 15.12 Requirements.
(a) No person shall import into the United States any exotic bird
except as may be permitted under the terms of a valid permit issued
pursuant to the provisions of subpart C of this part and 50 CFR part 13,
or in accordance with the provisions of subparts D-F of this part 15, or
in accordance with the provisions of paragraph (b) of this section.
(b) Any exotic bird can be imported to the United States if it was
legally exported from the United States with a permit issued by the
Service's Office of Management Authority, provided that the import is by
the same person who exported the bird, the import is accompanied by a
copy of the cleared CITES export permit or certificate issued by the
Service that was used to export the exotic bird, and the Service is
satisfied that the same bird is being imported as is indicted on the
aforementioned permit or certificate.
Subpart C_Permits and Approval of Cooperative Breeding Programs
Sec. 15.21 General application procedures.
(a) The Director may issue a permit authorizing the importation of
exotic birds otherwise prohibited by Sec. 15.11, in accordance with the
issuance criteria of this subpart, for the following purposes only:
Scientific research; zoological breeding or display programs;
cooperative breeding programs designed to promote the conservation and
maintenance of the species in the wild; or personally owned pets
accompanying persons returning to the United States after being out of
the country for more than 1 year.
(b) Additional requirements as indicated in parts 13, 14, 17, 21,
and 23 of this subchapter must also be met.
(c) A person wishing to obtain a permit under this subpart or
approval of cooperative breeding programs under this subpart submits an
application to the Director, U.S. Fish and Wildlife Service (Attention:
Office of Management Authority), 4401 N. Fairfax Drive, Room 700,
Arlington, VA 22203. Each application must contain the general
information and certification required in Sec. 13.12(a) of this
subchapter, and all of the information specified in the applicable
section Sec. Sec. 15.22 through 15.26.
[58 FR 60536, Nov. 16, 1993, as amended at 63 FR 52634, Oct. 1, 1998]
Sec. 15.22 Permits for scientific research.
(a) Application requirements for permits for scientific research.
Each application shall provide the following information and such other
information that the Director may require:
(1) A description of the exotic bird(s) to be imported, including:
(i) The common and scientific names of the species, number, age or
age class, and, when known, sex; and
(ii) A statement as to whether, at the time of the application, the
exotic bird is still in the wild, has already been removed from the
wild, or was bred in captivity;
(2) If the exotic bird is in the wild or was taken from the wild,
include:
(i) The country and region where the removal will occur or occurred;
(ii) A description of the status of the species in the region of
removal; and
(iii) A copy of any foreign collecting permit or authorizing letter,
if applicable;
(3) If the exotic bird was bred in captivity, include:
(i) Documents or other evidence that the bird was bred in captivity,
including the name and address of the breeder, and when known, hatch
date and identity of the parental birds; and
(ii) If the applicant is not the breeder, documentation showing the
bird was acquired from a breeder and a history of multiple transactions,
if applicable:
(4) A statement of the reasons the applicant is justified in
obtaining a permit, and a complete description of the scientific
research to be conducted on the exotic bird requested, including:
[[Page 80]]
(i) Formal research protocol with timetable;
(ii) The relationship of such research to the conservation of the
species in the wild;
(iii) A discussion of possible alternatives and efforts to obtain
birds from other sources; and
(iv) Plans for disposition of the exotic birds and any progeny upon
completion of the research project;
(5) Qualifications of the scientific personnel conducting the
proposed research, including applicable experience and a description of
relevant past research conducted;
(6) A description of the care and maintenance of the exotic bird,
and how the facility meets professionally recognized standards,
including;
(i) The name and address of the facility where the exotic bird will
be maintained;
(ii) Dimensions of existing enclosures for the birds to be imported
and number of birds to be housed in each; and
(iii) Husbandry practices.
(b) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a) of this section, the Director will decide
whether or not a permit should be issued. In making this decision, the
Director shall consider, in addition to the general criteria in part 13
of this subchapter, the following factors;
(1) Whether the purpose of the scientific research is adequate to
justify removing the exotic bird from the wild or otherwise changing its
status;
(2) Whether the proposed import would be detrimental to the survival
of the exotic bird species in the wild, including whether the exotic
bird was bred in captivity or was (or will be) taken from the wild,
taking into consideration the conservation status of the species in the
wild;
(3) Whether the permit, if issued, would conflict with any known
program intended to enhance the survival of the population from which
the exotic bird was or would be removed;
(4) Whether the research for which the permit is required has
scientific merit;
(5) Whether the expertise, facilities, or other resources available
to the applicant appear adequate for proper care and maintenance of the
exotic bird and to successfully accomplish the research objectives
stated in the application.
(c) Permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter, every permit issued under this
section shall be subject to special conditions as the Director may deem
appropriate.
(d) Duration of permits. The duration of the import permits issued
under this section shall be designated on the face of the permit, but in
no case will these permits be valid for longer than one year.
Sec. 15.23 Permits for zoological breeding or display programs.
(a) Application requirements for permits for zoological breeding or
display programs. Each application shall provide the following
information and such other information that the Director may require:
(1) A description of the exotic bird(s) to be imported, including:
(i) The common and scientific names of the species, number, age or
age class, and, when known, sex; and
(ii) A statement as to whether, at the time of the application, the
exotic bird is still in the wild, has already been removed from the
wild, or was bred in captivity;
(2) If the exotic bird is in the wild or was taken from the wild
include:
(i) The country and region where the removal will occur or occurred;
(ii) A description of the status of the species in the region of
removal; and
(iii) A copy of any foreign collecting permit or authorizing letter,
if applicable;
(3) If the exotic bird was bred in captivity, include:
(i) Documents or other evidence that the bird was bred in captivity,
including the name and address of the breeder, and when known, identity
of the parental birds, and hatch date; and
(ii) If the applicant is not the breeder, documentation showing the
bird was acquired from a breeder and a history of multiple transactions,
if applicable;
(4) A statement of the reasons the applicant is justified in
obtaining a permit, and a complete description of the
[[Page 81]]
breeding or display program to be conducted with the exotic bird
requested, including:
(i) A breeding or education protocol that provides information on
educational materials on the ecology and/or conservation status of the
species provided to the general public;
(ii) Plans, if any, for developing or maintaining a self-sustaining
population of the exotic bird species in captivity;
(iii) A statement on efforts to obtain birds from alternative
sources or sources within the United States;
(iv) The relationship of such a breeding or display program to the
conservation of the species in the wild; and
(v) Plans for disposition of the exotic birds and any progeny.
(5) A description of the care and maintenance of the exotic bird,
and how the facility meets professionally recognized standards of the
public display community, including:
(i) The name and address of the facility where the exotic bird will
be maintained;
(ii) Dimensions of existing enclosures for the birds to be imported
and number of birds to be housed in each;
(iii) Husbandry practices;
(6) A history of the zoological facility's breeding programs with
the same or similar species, including:
(i) Participation in any cooperative breeding programs;
(ii) Breeding and inventory records for the last two years,
including hatching, survival, and mortality records; and
(iii) Causes of any mortalities and efforts made to correct any
problems.
(b) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a) of this section, the Director will decide
whether or not a permit should be issued. In making this decision, the
Director shall consider, in addition to the general criteria in part 13
of this subchapter, the following factors:
(1) Whether the zoological breeding or display program is adequate
to justify removing the exotic bird from the wild or otherwise changing
its status;
(2) Whether the proposed import would be detrimental to the survival
of the exotic bird species in the wild, including whether the exotic
bird was bred in captivity or was (or will be) taken from the wild,
taking into consideration the conservation status of the species in the
wild;
(3) Whether the permit, if issued, would conflict with any known
program intended to enhance the survival of the population from which
the exotic bird was or would be removed;
(4) Whether the breeding or display program for which the permit is
required has conservation merit; and
(5) Whether the expertise, facilities or other resources available
to the applicant appear adequate for proper care and maintenance of the
exotic bird and to successfully accomplish the zoological breeding or
display objectives stated in the application.
(c) Permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter, every permit issued under this
section shall be subject to special conditions as the Director may deem
appropriate.
(d) Duration of permits. The duration of the import permits issued
under this section shall be designated on the face of the permit, but in
no case will these permits be valid for longer than one year.
Sec. 15.24 Permits for cooperative breeding.
(a) Application requirements for permits for cooperative breeding.
Each application shall provide the following information and such other
information that the Director may require:
(1) A description of the exotic bird(s) to be imported, including:
(i) The common and scientific names of the species, number, age or
age class, and, when known, sex; and
(ii) A statement as to whether, at the time of the application, the
exotic bird is still in the wild, has already been removed from the
wild, or was bred in captivity;
(2) If the exotic bird is still in the wild or was taken from the
wild include;
(i) The country and region where the removal will occur or occurred;
(ii) A description of the status of the species in the region of
removal; and
[[Page 82]]
(iii) A copy of any foreign collecting permit or authorizing letter,
if applicable;
(3) If the exotic bird was bred in captivity, include;
(i) Documents or other evidence that the bird was bred in captivity,
including the name and address of the breeder, when known, the identity
of the parental birds and hatch date; and
(ii) If the applicant is not the breeder, documentation showing the
bird was acquired from the breeder and a history of multiple
transactions, if applicable;
(4) A statement of the reasons the applicant is justified in
obtaining a permit, and a statement detailing the applicant's
participation in a cooperative breeding program approved under section
15.26 of this chapter, including;
(i) Copies of any signed agreements or protocols with the monitoring
avicultural, conservation, or zoological organization overseeing the
program; and
(ii) Applicable records of the cooperative breeding program of any
other birds imported, their progeny, and their disposition;
(5) A complete description of the relationship of the exotic bird to
the approved cooperative breeding program, including;
(i) A statement of the role of the exotic bird in a breeding
protocol;
(ii) A plan for maintaining a self-sustaining captive population of
the exotic bird species;
(iii) Details on recordkeeping; and
(iv) Plans for disposition of the exotic birds and any progeny
produced during the course of this program.
(6) A statement outlining the applicant's attempts to obtain the
exotic bird in a manner that would not cause its removal from the wild,
and attempts to obtain the specimens of the exotic bird species from
stock available in the United States;
(7) A description of the care and maintenance of the exotic bird,
and how the facility meets professionally recognized standards,
including;
(i) The name and address of the facility where the exotic bird will
be maintained;
(ii) Dimensions of existing enclosures for birds to be imported and
number of birds to be housed in each; and
(iii) Husbandry practices;
(8) A history of the applicant's past participation in cooperative
breeding programs with the same or similar species, including;
(i) Breeding and inventory records for at least the last two years;
(ii) Hatching, survival, and mortality records;
(iii) Causes of any mortalities and efforts made to correct any
problems.
(b) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a) of this section, the Director will decide
whether or not a permit should be issued. In making this decision, the
Director shall consider, in addition to the general criteria in part 13
of this subchapter, the following factors;
(1) Whether the cooperative breeding program is adequate to justify
removing the exotic bird from the wild or otherwise changing its status;
(2) Whether the proposed import would be detrimental to the survival
of the exotic bird species in the wild, including whether the exotic
bird was bred in captivity or was (or will be) taken from the wild,
taking into consideration the conservation status of the species in the
wild;
(3) Whether the cooperative breeding program for which the permit is
required would be likely to enhance or promote the conservation of the
exotic bird species in the wild or result in a self-sustaining
population of the exotic bird species in captivity; and
(4) Whether the expertise, facilities, or other resources available
to the applicant appear adequate for proper care and maintenance of the
exotic birds and to successfully accomplish the cooperative breeding
objectives stated in the application.
(c) Permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter, every permit issued under this
section shall be subject to special conditions as the Director may deem
appropriate.
(d) Duration of permits. The duration of the import permits issued
under this section shall be designated on the face of the permit, but in
no case will these
[[Page 83]]
permits be valid for longer than one year.
Sec. 15.25 Permits for personal pets.
(a) Application requirements for personal pets not intended for
sale. No individual may import more than two exotic birds as pets in any
year. Each application shall provide the following information and such
other information that the Director may require:
(1) A description of the exotic bird to be imported, including;
(i) The common and scientific names, number, age, and, when known,
sex;
(ii) A band number, house name, or any other unique identifying
feature; and
(iii) A statement as to whether the exotic bird was bred in
captivity or taken from the wild;
(2) A statement of the reasons the applicant is justified in
obtaining a permit;
(3) Documentation showing that the applicant has continually resided
outside of the United States for a minimum of one year;
(4) A statement of the number of exotic birds imported during the
previous 12 months as personal pets by the applicant;
(5) Information on the origin of the exotic bird, including;
(i) Country of origin; and
(ii) A description and documentation of how the exotic bird was
acquired, including a copy of any Convention permit under which the bird
was re-exported or exported. If there is no such permit, a sales receipt
or signed statement from seller with name and address of seller, date of
sale, species, and other identifying information on the bird or signed
breeder's certificate or statement with name and address of breeder,
date of sale or transfer, species and hatch date.
(b) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a) of this section, the Director will decide
whether or not a permit should be issued. In making this decision, the
Director shall consider, in addition to the general criteria in part 13
of this subchapter, the following factors:
(1) Whether the proposed import would be detrimental to the survival
of the exotic bird species in the wild;
(2) Whether the exotic bird to be imported is a personal pet owned
by the applicant, who has continuously resided outside the United States
for a minimum of one year, and who has no intention to sell the bird;
and
(3) Whether the number of exotic birds imported in the previous 12
months by the applicant does not exceed two.
(c) Permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter, every permit issued under this
section shall be subject to special conditions that no individual may
import more than two exotic birds as personal pets in any year, the
exotic birds cannot be sold after importation into the United States,
and any other conditions as the Director may deem appropriate.
(d) Duration of permits. The duration of the import permits issued
under this section shall be designated on the face of the permit.
Sec. 15.26 Approval of cooperative breeding programs.
Upon receipt of a complete application, the Director may approve
cooperative breeding programs. Such approval will allow individuals to
import exotic birds otherwise prohibited by section 15.11, with permits
under section 15.24. Such approval for cooperative breeding programs
shall be granted in accordance with the issuance criteria of this
section.
(a) Application requirements for approval of cooperative breeding
programs. Each application shall provide the following information and
such other information that the Director may require:
(1) A description of the exotic bird(s) to be imported or to be
covered under the program, including the common and scientific names of
the species, number, sex ratio (if applicable), and age class;
(2) A statement of the reasons the applicant is justified in
obtaining this approval, and a description of the cooperative breeding
program requested for the exotic bird species, including:
[[Page 84]]
(i) A breeding protocol, including a genetic management plan and
breeding methods;
(ii) A statement on the plans for developing and maintaining a self-
sustaining population in captivity of the exotic bird species;
(iii) Details on the system of recordkeeping and tracking of birds
and their progeny, including how individual specimens will be marked or
otherwise identified;
(iv) A statement on the relationship of such a breeding program to
the conservation of the exotic bird species in the world;
(v) Details on the funding of this program; and
(vi) Plans for disposition of the exotic birds and any progeny;
(3) A qualification statement for each individual who will be
overseeing the cooperative breeding program. This statement should
include information on the individual's prior experience with the same
or similar bird species. Individuals overseeing the program will be
required to demonstrate an affiliation with an avicultural,
conservation, or zoological organization;
(4) A statement of the oversight of the program by the avicultural,
zoological, or conservation organization, including their monitoring of
participation in the program, criteria for acceptance of individuals
into the program, and the relationship of the cooperative breeding
program to enhancing the propagation and survival of the species; and
(5) A history of the cooperative breeding program, including an
annual report for the last 3 years (if applicable), mortality records,
breeding records, and a studbook if one has been developed for the
species.
(b) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a) of this section, the Director will decide
whether or not a cooperative breeding program should be approved. In
making this decision, the Director shall consider, in addition to the
general criteria in part 13 of this subchapter, the following factors:
(1) Whether the cooperative breeding program for which the approval
is requested is adequate to justify removing the exotic bird from the
wild or otherwise changing its status;
(2) Whether the granting of this approval would be detrimental to
the survival of the exotic bird species in the wild, including whether
the exotic birds were bred in captivity or will be taken from the wild,
taking into consideration the conservation status of the species in the
wild;
(3) Whether the granting of this approval would conflict with any
known program intended to enhance the survival of the population from
which the exotic bird species was or would be removed;
(4) Whether the cooperative breeding program for which the permit is
requested would be likely to enhance or promote the conservation of the
exotic bird species in the wild or result in a self-sustaining
population of the exotic bird species in captivity; and
(5) Whether the expertise or other resources available to the
program appear adequate to successfully accomplish the objectives stated
in the application.
(c) Publication in the Federal Register. The Director shall publish
notice in the Federal Register of each application submitted under Sec.
15.26(a). Each notice shall invite the submission from interested
parties of written data, views, or arguments with respect to the
application. The Director shall publish periodically a notice as
appropriate in the Federal Register of the list of approved cooperative
breeding programs.
(d) Approval conditions. In addition to the general conditions set
forth in part 13 of this subchapter, every approval issued under this
paragraph shall be subject to the special condition that the cooperative
breeding program shall maintain records of all birds imported under
permits issued under this subpart and their progeny, including their
sale or transfer, death, or escape, and breeding success. These records
shall be made available to the Service on request and when renewing an
approval.
(e) Duration of approval. Cooperative breeding programs shall be
approved for two years, at which time applicants may apply to the
Service for renewal of a program's approval. Applications for
[[Page 85]]
renewal of approval shall comply with the general conditions set forth
in part 13 of this subchapter.
Subpart D_Approved List of Species Listed in the Appendices to the
Convention.
Source: 59 FR 62262, Dec. 2, 1994, unless otherwise noted.
Sec. 15.31 Criteria for including species in the approved list for
captive-bred species.
The Director will periodically review the list of captive-bred
exotic bird species in paragraph 15.33(a), for which importation into
the United States is approved. Any exotic bird species listed in
paragraph 15.33(a) pursuant to this section must meet all of the
following criteria:
(a) All specimens of the species known to be in trade (legal or
illegal) are captive-bred;
(b) No specimens of the species are known to be removed from the
wild for commercial purposes;
(c) Any importation of specimens of the species would not be
detrimental to the survival of the species in the wild; and
(d) Adequate enforcement controls are in place to ensure compliance
with paragraphs (a) through (c) of this section.
Sec. 15.32 Criteria for including species in the approved list for
non-captive-bred species.
Upon receipt of a completed sustainable use management plan for a
country of export, the Director may approve a species listed in
Appendices II or III of the Convention for importation from that
country. Such approval shall be granted in accordance with the issuance
criteria of this section. All approved species and countries of export
will be listed in section 15.33.
(a) Requirements for scientifically-based sustainable use management
plans. Sustainable use management plans developed by the country of
export should be submitted for species which breed in the country of
export. If the species does not breed in the country of export, the
Service will consider sustainable use management plans only when the
plan is scientifically valid and nesting (breeding) information can be
provided from countries in which the species breeds. Sustainable use
management plans shall include the following information, and any other
information that may be appropriate:
(1) Background information, including the following:
(i) The scientific and common name of the species;
(ii) Letters from the country of export's Management and Scientific
Authorities transmitting the management plan of this species;
(iii) A summary of the country of export's legislation related to
this species and legislation implementing the Convention, and, where
appropriate, a summary of implementing regulations;
(iv) A summary, from the country of export's Management Authority,
of the country's infrastructure and law enforcement and monitoring
mechanisms designed to ensure both enforcement of and compliance with
the requirements of the management plan, and that the number of birds
removed from the wild or exported will be consistent with the management
plan;
(v) Recent information on the distribution of the species within the
country of export, including scientific references and maps, and
historical information on distributions, if relevant; and
(vi) The species' status and its current population trend in the
country of export, including scientific references and copies of the
most recent non-detriment findings made by the exporting country's
Scientific Authority.
(2) Habitat information, including:
(i) A general description of habitats used by the species for each
portion of the life cycle completed within the country of export;
(ii) Recent information on the size and distribution of these
habitats throughout the country of export and in each area or region of
take, including scientific references and maps. The approximate location
of any reserves that provide protection for this species should be
indicated on the accompanying map(s), along with a brief description of
how reserves are protected and how that protection is enforced;
[[Page 86]]
(iii) Status and trends of the important habitats used by the
species in the country of export as a whole whenever available and
within each area or region of take, including scientific references;
(iv) Factors, including management activities, favoring or
threatening the species' habitat in the foreseeable future within each
area or region of take, and throughout the country of export whenever
available, including scientific references; and
(v) A list of management plans that have been or are being planned,
developed, or implemented for the species' important habitats, if any.
(3) Information on the role of the species in its ecosystem,
including:
(i) A description of the part(s) of the species' life cycle
completed within the country of export;
(ii) A description of nest sites and/or plant communities that are
most frequently used for placement of nests and, if applicable, nesting
habits;
(iii) A general description of the species' diet and where the
species forages (aerial feeder, tree canopy, tree trunk, midstory,
understory, open water or other), and seasonal changes in foraging
habits, including, when available, scientific references; and
(iv) Information on any species or plant community which is
dependent on the occurrence of the exotic bird species.
(4) Population dynamics of the species, including:
(i) Recent population data for the population of the species in the
country of export, as derived from indices of relative abundance or
population estimates, along with documentation for each estimate;
(ii) Within each area or region of take, documentation for recent
population data or estimates, conducted for at least 3 separate years or
1 year with a description of survey plans for future years. These
population assessments should have been conducted during the same season
(breeding or non-breeding) of each year for which documentation is
submitted (i.e., be methodologically comparable--both temporally and
spatially);
(iii) Within each area or region of take, a scientific assessment
(with documentation) of recent reproductive (nesting) success. This
assessment should include information on the number of young produced
per egg-laying female per year or per nesting pair, or if scientifically
appropriate for the species to be exported, estimates on the number of
young produced per year from pre-breeding and post-breeding surveys
conducted within the same annual cycle;
(iv) Within each area or region of take, estimation (with
documentation) of annual mortality or loss including natural mortality
and take for subsistence use, export trade, and domestic trade in each
area of take; or
(v) When appropriate, information (with documentation) on the number
of young which can be taken from the area, as a result of a conservation
enhancement program.
(5) Determination of biologically sustainable use:
(i) Estimation of the number exported from the country during the
past 2 years, and the number of birds removed from the wild for export,
domestic trade, illegal trade, subsistence use, and other purposes
(specify) for the country of export during the past 2 years;
(ii) The estimated number of birds that will be removed from the
wild from each area of take each year for all purposes (export trade,
domestic trade, illegal trade, and subsistence use), including a
description of age-classes (nestlings, fledglings, sub-adults, adults,
all classes), when applicable;
(iii) For the projected take addressed in the management plan, a
description of the removal process, including, but not limited to,
locations, time of year, capture methods, means of transport, and pre-
export conditioning;
(iv) Documentation of how each projected level of take was
determined;
(v) Explanation of infrastructure and law enforcement and monitoring
mechanisms that ensure compliance with the methodology in the management
plan and that the species will be removed at a level that ensures
sustainable use; and
(vi) Description of how species in each area or region of take will
be monitored in order to determine
[[Page 87]]
whether the number and age classes of birds taken is sustainable.
(6)(i) For species that are considered ``pests'' in the country of
origin: documentation that such a species is a pest, including a
description of the type of pest,--e.g., agricultural, disease carrier; a
description of the damage the pest species causes to its ecosystem; and
a description of how the sustainable use management plan controls
population levels of the pest species.
(ii) For non-pest species: A description of how the sustainable use
management plan promotes the value of the species and its habitats.
Incentives for conservation may be generated by environmental education,
cooperative efforts or projects, development of cooperative management
units, and/or activities involving local communities.
(7) Additional factors:
(i) Description of any existing enhancement activities developed for
the species, including, but not limited to, annual banding programs,
nest watching/guarding, and nest improvement; and
(ii) Description, including photographs or diagrams, of the shipping
methods and enclosures proposed to be used to transport the exotic
birds, including but not limited to feeding and care during transport,
densities of birds in shipping enclosures, and estimated consignment
sizes.
(b) Approval criteria. Upon receiving a sustainable use management
plan in accordance with paragraph (a) of this section, the Director will
decide whether or not an exotic bird species should be listed as an
approved species for importation from the country of export, under
section 15.33. In making this decision, the Director shall consider in
addition to the general criteria in part 13 of this subchapter, all of
the following factors for the species:
(1) Whether the country of export is effectively implementing the
Convention, particularly with respect to:
(i) Establishment of a functioning Scientific Authority;
(ii) The requirements of Article IV of the Convention;
(iii) Remedial measures recommended by the Parties to the Convention
with respect to this and similar species, including recommendations of
permanent committees of the Convention; and
(iv) Article VIII of the Convention, including but not limited to
establishment of legislation and infrastructure necessary to enforce the
Convention, and submission of annual reports to the Convention's
Secretariat;
(2) Whether the country of export has developed a scientifically-
based management plan for the species that:
(i) Provides for the conservation of the species and its habitat(s);
(ii) Includes incentives for conservation unless the species is a
documented pest species;
(iii) Is adequately implemented and enforced;
(iv) Ensures that the use of the species is:
(A) Sustainable;
(B) Maintained throughout its range at a level that is consistent
with the species' role in its ecosystem; and
(C) Is well above the level at which the species might become
threatened;
(v) Addresses illegal trade, domestic trade, subsistence use,
disease, and habitat loss; and
(vi) Ensures that the methods of capture, transport, and maintenance
of the species minimize the risk of injury, damage to health, and
inhumane treatment; and
(3) If the species has a multi-national distribution:
(i) Whether populations of the species in other countries in which
it occurs will not be detrimentally affected by exports of the species
from the country requesting approval;
(ii) Whether factors affecting conservation of the species,
including export from other countries, illegal trade, domestic use, or
subsistence use are regulated throughout the range of the species so
that recruitment and/or breeding stocks of the species will not be
detrimentally affected by the proposed export;
(iii) Whether the projected take and export will not detrimentally
affect breeding populations; and
(iv) Whether the projected take and export will not detrimentally
affect existing enhancement activities, conservation programs, or
enforcement efforts throughout the species' range.
[[Page 88]]
(4) For purposes of applying the criterion in paragraph (b)(2)(iv)
of this section, the Director may give positive consideration to plans
wherein very conservative capture and export quotas are implemented
prior to being able to obtain all of the biological information
necessary for a more large-scale management plan, if the country can
demonstrate that such conservative capture and export quotas are non-
detrimental to the species survival in the wild under the criterion in
paragraph (b)(2)(iv) of this section.
(c) Publication in the Federal Register. The Director shall publish
notice in the Federal Register of the availability of each complete
sustainable use management plan received under paragraph (a) of this
section. Each notice shall invite the submission from interested parties
of written data, views, or arguments with respect to the proposed
approval.
(d) Duration of approval. A species and country of export listed in
section 15.33 as approved shall be approved for 3 years, at which time
renewal of approval shall be considered by the Service.
[61 FR 2091, Jan. 24, 1996]
Sec. 15.33 Species included in the approved list.
(a) Captive-bred species. The list in this paragraph includes
species of captive-bred exotic birds for which importation into the
United States is not prohibited by section 15.11. The species are
grouped taxonomically by order.
------------------------------------------------------------------------
Species Common name
------------------------------------------------------------------------
Order Falconiiformes:
Buteo buteo........................ Common European buzzard.
Order Columbiformes:
Columba livia...................... Rock dove.
Order Psittaciformes:
Agapornis personata................ Masked lovebird.
Agapornis roseicollis.............. Peach-faced lovebird.
Aratinga jandaya................... Jendaya conure.
Barnardius barnardi................ Mallee ringneck parrot.
Bolborhynchus lineola (blue form).. Lineolated parakeet (blue
form).
Bolborhynchus lineola (yellow form) Lineolated parakeet (yellow
form).
Bolborhynchus lineola (white form). Lineolated parakeet (white
form).
Cyanoramphus auriceps.............. Yellow-fronted Parakeet.
Cyanoramphus novaezelandiae........ Red-fronted parakeet.
Forpus coelestis (lutino form)..... Pacific parrotlet (lutino
form).
Forpus coelestis (yellow form)..... Pacific parrotlet (yellow
form).
Forpus coelestis (blue form)....... Pacific parrotlet (blue form).
Forpus coelestis (cinnamon form)... Pacific parrotlet (cinnamon
form).
Melopsittacus undulatus............ Budgerigar.
Neophema bourkii................... Bourke's parrot.
Neophema chrysostoma............... Blue-winged Parrot.
Neophema elegans................... Elegant Parrot.
Neophema pulchella \1\............. Turquoise parrot.
Neophema splendida \1\............. Scarlet-chested parrot.
Nymphicus hollandicus.............. Cockatiel.
Platycercus adelaide............... Adelaide rosella.
Platycercus adscitus............... Pale-headed rosella.
Platycercus elegans................ Crimson rosella.
Platycercus eximius................ Eastern rosella
Platycercus icterotis.............. Western (stanley) rosella.
Platycercus venustus............... Northern rosella.
Polytelis alexandrae............... Princess parrot.
Polytelis anthopeplus.............. Regent parrot.
Polytelis swainsonii............... Superb parrot.
Psephotus chrysopterygius \1\...... Golden-shouldered parakeet.
Psephotus haematonotus............. Red-rumped parakeet.
Psephotus varius................... Mulga parakeet.
Psittacula eupatria (blue form).... Alexandrine parakeet (blue
form).
Psittacula eupatria (lutino form).. Alexandrine parakeet (lutino
form).
Psittacula krameri manillensis..... Indian ringneck parakeet.
Purpureicephalus spurius........... Red-capped parrot.
Trichoglossus chlorolepidotus...... Scaly-breasted lorikeet.
Order Passeriformes:
Aegintha temporalis................ Red-browed Finch.
Aidemosyne modesta................. Cherry Finch.
Chloebia gouldiae.................. Gouldian finch.
Emblema guttata.................... Diamond Sparrow.
[[Page 89]]
Emblema picta...................... Painted finch.
Lonchura castaneothorax............ Chestnut-breasted finch.
Lonchura domestica................. Society (=Bengalese) finch.
Lonchura pectoralis................ Pictorella finch.
Neochmia ruficauda................. Star finch.
Poephila acuticauda................ Long-tailed grassfinch.
Poephila bichenovii................ Double-barred finch.
Poephila cincta.................... Parson finch.
Poephila guttata................... Zebra finch.
Poephila personata................. Masked finch.
Serinus canaria.................... Common Canary.
------------------------------------------------------------------------
\1\ Note: Permits are still required for these species under part 17
(species listed as endangered or threatened under the Endangered
Species Act (ESA)) of this chapter.
(b) Non-captive-bred species. The list in this paragraph includes
species of non-captive-bred exotic birds and countries for which
importation into the United States is not prohibited by section 15.11.
The species are grouped taxonomically by order, and may only be imported
from the approved country, except as provided under a permit issued
pursuant to subpart C of this part.
[59 FR 62262, Dec. 2, 1994, as amended at 61 FR 2093, Jan. 24, 1996]
Subpart E_Qualifying Facilities Breeding Exotic Birds in Captivity
Sec. 15.41 Criteria for including facilities as qualifying for imports.
[Reserved]
Sec. 15.42 List of foreign qualifying breeding facilities. [Reserved]
Subpart F_List of Prohibited Species Not Listed in the Appendices to the
Convention
Sec. 15.51 Criteria for including species and countries in the prohibited
list. [Reserved]
Sec. 15.52 Species included in the prohibited list. [Reserved]
Sec. 15.53 Countries of export included in the prohibited list. [Reserved]
PART 16_INJURIOUS WILDLIFE--Table of Contents
Subpart A_Introduction
Sec.
16.1 Purpose of regulations.
16.2 Scope of regulations.
16.3 General restrictions.
Subpart B_Importation or Shipment of Injurious Wildlife
16.11 Importation of live wild mammals.
16.12 Importation of live wild birds or their eggs.
16.13 Importation of live or dead fish, mollusks, and crustaceans, or
their eggs.
16.14 Importation of live amphibians or their eggs.
16.15 Importation of live reptiles or their eggs.
Subpart C_Permits
16.22 Injurious wildlife permits.
Subpart D_Additional Exemptions
16.32 Importation by Federal agencies.
16.33 Importation of natural-history specimens.
Authority: 18 U.S.C. 42.
Source: 39 FR 1169, Jan. 4, 1974, unless otherwise noted.
Subpart A_Introduction
Sec. 16.1 Purpose of regulations.
The regulations contained in this part implement the Lacey Act (18
U.S.C. 42).
Sec. 16.2 Scope of regulations.
The provisions of this part are in addition to, and are not in lieu
of, other regulations of this subchapter B which may require a permit or
prescribe additional restrictions or conditions for the importation,
exportation, and interstate transportation of wildlife (see also part
13).
Sec. 16.3 General restrictions.
Any importation or transportation of live wildlife or eggs thereof,
or dead fish or eggs or salmonids of the fish
[[Page 90]]
family Salmonidae into the United States or its territories or
possessions is deemed to be injurious or potentially injurious to the
health and welfare of human beings, to the interest of forestry,
agriculture, and horticulture, and to the welfare and survival of the
wildlife or wildlife resources of the United States; and any such
importation into or the transportation of live wildlife or eggs thereof
between the continental United States, the District of Columbia, Hawaii,
the Commonwealth of Puerto Rico, or any territory or possession of the
United States by any means whatsoever, is prohibited except for certain
purposes and under certain conditions as hereinafter provided in this
part: Provided, That the provisions of this section shall not apply to
psittacine birds (see also Sec. Sec. 16.32 and 16.33 for other
exemptions).
Subpart B_Importation or Shipment of Injurious Wildlife
Sec. 16.11 Importation of live wild mammals.
(a) The importation, transportation, or acquisition is prohibited of
live specimens of: (1) Any species of so-called ``flying fox'' or fruit
bat of the genus Pteropus; (2) any species of mongoose or meerkat of the
genera Atilax, Cynictis, Helogale, Herpestes, Ichneumia, Mungos, and
Suricata; (3) any species of European rabbit of the genus Oryctolagus;
(4) any species of Indian wild dog, red dog, or dhole of the genus Cuon;
(5) any species of multimammate rat or mouse of the genus Mastomys; (6)
any raccoon dog, Nyctereutes procyonoides; and (7) any brushtail possum,
Trichosurus vulpecula: Provided, that the Director shall issue permits
authorizing the importation, transportation, and possession of such
mammals under the terms and conditions set forth in Sec. 16.22.
(b) Upon the filing of a written declaration with the District
Director of Customs at the port of entry as required under Sec. 14.61,
all other species of live wild mammals may be imported, transported, and
possessed in captivity, without a permit, for scientific, medical,
educational, exhibition, or propagating purposes, but no such live wild
mammals or any progeny thereof may be released into the wild except by
the State wildlife conservation agency having jurisdiction over the area
of release or by persons having prior written permission for release
from such agency: Provided, That the provisions of this paragraph shall
not apply to live game mammals from Mexico, the importation of which is
governed by regulations under part 14 of this chapter.
[39 FR 1169, Jan. 4, 1974, as amended at 47 FR 56362, Dec. 16, 1982; 67
FR 39868, June 11, 2002]
Sec. 16.12 Importation of live wild birds or their eggs.
(a) The importation, transportation, or acquisition is prohibited of
any live specimen or egg of (1) the species of so-called ``pink
starling'' or ``rosy pastor'' Sturnus roseus; (2) the species of dioch
(including the subspecies black-fronted, red-billed, or Sudan dioch)
Quelea quelea; (3) any species of Java sparrow, Padda oryzivora; (4) the
species of red-whiskered bul-bul, Pycnonotus jocosus: Provided, That the
Director shall issue permits authorizing the importation,
transportation, and possession of such live birds under the terms and
conditions set forth in Sec. 16.22.
(b) Upon the filing of a written declaration with the District
Director of Customs at the port of entry as required under Sec. 14.61,
all species of live wild game, birds may be imported, transported, and
possessed in captivity, without a permit, for scientific, medical,
educational, exhibition, or propagating purposes, and the eggs of such
birds may be imported, transported, and possessed, without a permit, for
propagating or scientific collection purposes, but no such live wild
game birds or any progeny thereof may be released into the wild except
by the State wildlife conservation agency having jurisdiction over the
area of release or by persons having prior written permission for
release from such agency.
(c) Upon the filing of a written declaration with the District
Director of Customs at the port of entry as required under Sec. 14.61,
all species of live, wild nongame birds (other than those listed in
paragraph (a) of this section) may be imported, transported, and
possessed in captivity, without a permit,
[[Page 91]]
for scientific, medical, educational, exhibition, or propagating
purposes, but no such live, wild nongame birds or any progeny thereof
may be released into the wild except by or under the direction of State
wildlife conservation agencies when such agencies have received prior
written permission from the Director for such release: Provided, That
the provisions of this paragraph shall not apply to live bald and golden
eagles or to live migratory birds, the importation of which is governed
by regulations under parts 22 and 21 of this chapter, respectively, or
to birds of the Family Psittacidae (parrots, macaws, cockatoos,
parakeets, lories, lovebirds, etc.), the importation and transportation
of which is governed by U.S. Public Health Service regulations under 42
CFR parts 71 and 72.
(d) The importation of the eggs of wild nongame birds is prohibited
except as permitted under Sec. 16.33.
Sec. 16.13 Importation of live or dead fish, mollusks, and crustaceans,
or their eggs.
(a) Upon an exporter filing a written declaration with the District
Director of Customs at the port of entry as required under Sec. 14.61
of this chapter, live or dead fish, mollusks, and crustaceans, or parts
thereof, or their gametes or fertilized eggs, may be imported,
transported, and possessed in captivity without a permit except as
follows:
(1) No such live fish, mollusks, crustacean, or any progency or eggs
thereof may be released into the wild except by the State wildlife
conservation agency having jurisdiction over the area of release or by
persons having prior written permission from such agency.
(2) The importation, transportation, or acquisition of any of the
species listed in this paragraph is prohibited except as provided under
the terms and conditions set forth in Sec. 16.22:
(i) Live fish or viable eggs of walking catfish, family Clariidae;
(ii) Live mitten crabs, genus Eriocheir, or their viable eggs;
(iii) Live mollusks, veligers, or viable eggs of zebra mussels,
genus Dreissena; and
(iv) Any live fish or viable eggs of snakehead fishes of the genera
Channa and Parachanna (or their generic synonyms of Bostrychoides,
Ophicephalus, Ophiocephalus, and Parophiocephalus) of the Family
Channidae, including but not limited to:
(A) Channa amphibeus (Chel or Borna snakehead).
(B) Channa argus (Northern or Amur snakehead).
(C) Channa asiatica (Chinese or Northern Green snakehead).
(D) Channa aurantimaculata.
(E) Channa bankanensis (Bangka snakehead).
(F) Channa baramensis (Baram snakehead).
(G) Channa barca (barca or tiger snakehead).
(H) Channa bleheri (rainbow or jewel snakehead).
(I) Channa cyanospilos (bluespotted snakehead).
(J) Channa gachua (dwarf, gaucha, or frog snakehead).
(K) Channa harcourtbutleri (Inle snakehead).
(L) Channa lucius (shiny or splendid snakehead).
(M) Channa maculata (blotched snakehead).
(N) Channa marulius (bullseye, murrel, Indian, great, or cobra
snakehead).
(O) Channa maruloides (emperor snakehead).
(P) Channa melanoptera.
(Q) Channa melasoma (black snakehead).
(R) Channa micropeltes (giant, red, or redline snakehead).
(S) Channa nox.
(T) Channa orientalis (Ceylon or Ceylonese Green snakehead).
(U) Channa panaw.
(V) Channa pleurophthalmus (ocellated, spotted, or eyespot
snakehead).
(W) Channa punctata (dotted or spotted snakehead).
(X) Channa stewartii (golden snakehead).
(Y) Channa striata (chevron or striped snakehead).
(Z) Parachanna africana (Niger or African snakehead).
(AA) Parachanna insignis (Congo, square-spotted African or light
African snakehead).
[[Page 92]]
(BB) Parachanna obscura (dark African, dusky, or square-spotted
snakehead).
(3) Notwithstanding Sec. 16.32, all Federal agencies shall be
subject to the requirements stated within this section. Live or dead
uneviscerated salmonid fish (family Salmonidae), live fertilized eggs,
or gametes of salmonid fish are prohibited entry into the United States
for any purpose except by direct shipment accompanied by a certification
that: as defined in paragraph (e)(1) of this section, the fish lots,
from which the shipments originated, have been sampled; virus assays
have been conducted on the samples according to methods described in
paragraphs (e)(2) through (4); of this section; and Oncorhynchus masou
virus and the viruses causing viral hemorrhagic septicemia, infectious
hematopoietic necrosis, and infectious pancreatic necrosis have not been
detected in the fish stocks from which the samples were taken. In
addition, live salmonid fish can be imported into the United States only
upon written approval from the Director of the U.S. Fish and Wildlife
Service.
(4) All live fish eggs of salmonid fish must be disinfected within
24 hours prior to shipment to the United States. Disinfection shall be
accomplished by immersion for 15 minutes in a 75 part per million
(titratable active iodine) non-detergent solution of
polyvinylpyrrolidone iodine (iodophor) buffered to a pH of 6.0 to 7.0.
Following disinfection, the eggs shall be rinsed and maintained in water
free of fish pathogens until packed and shipped. Any ice or water used
for shipping shall be from pathogen-free water.
(b)(1) The certification to accompany importations as required by
this section shall consist of a statement in the English language,
printed or typewritten, stating that this shipment of dead uneviscerated
salmonid fish, live salmonid fish, or live, disinfected fertilized eggs
or gametes of salmonid fish has been tested, by the methods outlined in
this section, and none of the listed viruses were detected. The
certification shall be signed in the country of origin by a qualified
fish pathologist designated as a certifying official by the Director.
(2) The certification must contain:
(i) The date and port of export in the country of origin and the
anticipated date of arrival in the United States and port of entry;
(ii) Surface vessel name or number or air carrier and flight number;
(iii) Bill of lading number or airway bill number;
(iv) The date and location where fish, tissue, or fluid samples were
collected;
(v) The date and location where virus assays were completed; and
(vi) The original handwritten signature, in ink, of the certifying
official and his or her address and telephone number.
(3) Certification may be substantially in the following form:
I, --------, designated by the Director of the U.S. Fish and
Wildlife Service on -------- (date), as a certifying official for ------
-- (country), as required by Title 50, CFR 16.13, do hereby certify that
the fish lot(s) of origin for this shipment of -------- (weight in
kilograms) dead uneviscerated salmonid fish, live salmonid fish, live
salmonid fish eggs disinfected as described in Sec. 16.13, or live
salmonid gametes to be shipped under -------- (bill of lading number or
airway bill number), were sampled at -------- (location of fish
facility) on
-------- (sampling date) and the required viral assays were completed on
-------- (date assays were completed) at -------- (location where assays
were conducted) using the methodology described in Sec. 16.13. I
further certify that Oncorhynchus masou virus and the viruses causing
viral hemorrhagic septicemia, infectious hematopoietic necrosis, and
infectious pancreatic necrosis have not been detected in viral assays of
the fish lot(s) of origin.
The shipment is scheduled to depart -------- (city and country) on
-------- (date), via -------- (name of carrier) with anticipated arrival
at the port of -------- (city), U.S.A., on -------- (date).
________________________________________________________________________
(Signature in ink of certifying official)
________________________________________________________________________
(Printed name of certifying official)
Date:___________________________________________________________________
Organization employing certifying official:_____________________________
Mailing address:________________________________________________________
City:___________________________________________________________________
State/Province:_________________________________________________________
Zip Code/Mail Code:_____________________________________________________
Country:________________________________________________________________
Office telephone number: International code_____________________________
Telephone number________________________________________________________
Fax number______________________________________________________________
[[Page 93]]
________________________________________________________________________
(c) Nothing in this part shall restrict the importation and
transportation of dead salmonid fish when such fish have been
eviscerated (all internal organs removed, gills may remain) or filleted
or when such fish or eggs have been processed by canning, pickling,
smoking, or otherwise prepared in a manner whereby the Oncorhynchus
masou virus and the viruses causing viral hemorrhagic septicemia,
infectious hematopoietic necrosis, and infectious pancreatic necrosis
have been killed.
(d) Any fish caught in the wild in North America under a valid sport
or commercial fishing license shall be exempt from sampling and
certification requirements and from filing the Declaration for
Importation of Wildlife. The Director may enter into formal agreements
allowing the importation of gametes, fertilized eggs, live fish, or
dead, uneviscerated fish without inspection and certification of
pathogen status, if the exporting Nation has an acceptable program of
inspection and pathogen control in operation, can document the
occurrence and distribution of fish pathogens within its boundaries, and
can demonstrate that importation of salmonid fishes into the United
States from that National will not pose a substantial risk to the public
and private fish stocks of the United States.
(e) Fish sampling requirements, sample processing, and methods for
virus assays--(1) Fish sampling requirements. (i) Sampling for virus
assays required by this section must be conducted within the six (6)
months prior to the date of shipment of dead uneviscerated salmonid
fish, live salmonid fish, live salmonid eggs, or salmonid gametes to the
United States. Sampling shall be on a lot-by-lot basis with the samples
from each lot distinctively marked, maintained, and processed for virus
assay separately. A fish lot is defined as a group of fish of the same
species and age that originated from the same discrete spawning
population and that always have shared a common water supply. In the
case of adult broodstock, various age groups of the same fish species
may be sampled as a single lot, provided they meet the other conditions
previously stated and have shared the same container(s) for at least 1
year prior to the sampling date.
(ii) In a sample, or sub-sample of a given lot, collection of 10 or
more moribund fish shall be given first preference. The remainder of
fish required for collection shall be randomly selected live fish from
all containers occupied by the lot being sampled. Moribund fish shall be
collected and processed separately from randomly selected fish. In the
event the sample is taken from adult broodstock of different ages that
share the same container, first preference shall be given to collecting
samples from the older fish.
(iii) The minimum sample numbers collected from each lot must be in
accordance with a plan that provides 95 percent confidence that at least
one fish, with a detectable level of infection, will be collected and
will be present in the sample if the assumed minimum prevalence of
infection equals or exceeds 2 percent. A total of 150 fish collected
proportionately from among all containers shared by the lot usually
meets this requirement. A sampling strategy based on a presumed pathogen
prevalence of 5 percent (60 fish) may be used to meet sampling
requirements for shipments of gametes, fertilized eggs, or uneviscerated
dead fish; provided that in the previous 2 years no disease outbreaks
caused by a pathogen of concern have occurred at the facility from which
the shipment originated and all stocks held at the facility have been
inspected at least four times during that period (at intervals of
approximately 6 months) and no pathogens of concern detected.
(iv) Fish must be alive when collected and processed within 48 hours
after collection. Tissue and fluid samples shall be stored in sealed,
aseptic containers and kept at 4[deg] Celsius (C.) or on ice but not
frozen.
(v) Tissue collection shall be as follows:
(A) Sac Fry and fry to 4 centimeter (cm): Assay entire fish. If
present, remove the yolk sac.
(B) Fish 4-6 cm: Assay entire visceral mass including kidney.
(C) Fish longer than 6 cm: Assay kidney and spleen in approximately
equal weight proportions.
(D) Spawning adult broodstock: Assay kidney and spleen tissues from
[[Page 94]]
males and/or females and ovarian fluid from females. Ovarian fluid may
comprise up to 50 percent of the samples collected.
(2) General sample processing requirements. (i) Ovarian fluid
samples shall be collected from each spawning female separately. All
samples from individual fish shall be measured to ensure that similar
quantities from each fish are combined if samples are pooled. Ovarian
fluid samples from no more than five fish may be combined to form a
pool.
(ii) Whole fry (less yolk sacs), viscera, and kidney and spleen
tissues from no more than five fish may be similarly pooled.
(iii) Antibiotics and antifungal agents may be added to ovarian
fluid or tissue samples to control microbial contaminant growth at the
time of sample collection. Final concentrations shall not exceed 200-500
micrograms/milliliter ([mu] g/ml) of Gentamycin, 800 international
units/milliliter (IU/ml) of penicillin, or 800 [mu] g/ml of
streptomycin. Antifungal agent concentrations should not exceed 200 IU/
ml of mycostatin (Nystatin) of 20 [mu] g/ml of amphotericin B
(Fungizone).
(iv) Sample temperature must be maintained between 4 at 15 [deg]C.
during processing. Use separate sets of sterile homogenization and
processing equipment to process fluids or tissues from each fish lot
sampled. Processing equipment need not be sterilized between samples
within a single lot.
(v) Homogenized tissue samples may be diluted 1:10 with buffered
cell culture medium (pH 7.4-7.8) containing antibiotics and antifungal
agents not exceeding the concentrations described in paragraph
(e)(2)(iii) of this section. Centrifuge tissue suspensions and ovarian
fluid samples 4 [deg]C. at 2,500 x gravity (g) (relative centrifugal
force) for 15 minutes. Resulting supernatant solutions can be stored
overnight at 4 [deg]C.
(vi) At the time of inoculation onto cell cultures, total dilution
of processed tissue samples must not exceed 1:100 ((volume to volume)
(v/v)); total dilution of ovarian fluid samples must not exceed 1:20 (v/
v). In samples inoculated onto cell cultures, the final antibiotic
concentration shall not exceed 100 [mu] g/ml of Gentamicin, 100 IU/ml of
penicillin, or 100 [mu] g/ml of streptomycin and antifungal agent
concentrations should not exceed 25 IU/ml of mycostatin (Nystatin) or
2.5 [mu] g/ml of amphotericin B (Fungizone).
(3) Cell culture procedures. (i) Both epithelioma papulosum cyprini
(EPC) and chinook salmon embryo (CHSE-214) cell lines must be maintained
and used in all virus assays. Susceptible, normal appearing, and rapidly
dividing cell cultures shall be selected. Penicillin (100 IU/ml),
streptomycin (100 [mu] g/ml), and antifungal agents, such as mycostatin/
Nystatin (25 IU/ml) or amphotericin B/Fungizone (2.5 [mu] g/ml), are
permitted in media used for cell culture and virus assay work.
(ii) Cell cultures shall be seeded and grown, at optimum
temperatures, to 80-90 percent confluence in 24-well plates for virus
assay work.
(iii) Decant the medium from the required number of 24-well plates
of each cell line, and inoculate four replicate wells per cell line with
.10 ml per well of each processed sample. When all wells have been
inoculated, tilt plates to spread the inocula evenly. Incubate
inoculated plates for 1 hour at 15 [deg]C. for sample contact. After the
1 hour contact add cell culture medium. Medium shall be buffered or
cells incubated so that a pH between 7.4 and 7.8 is maintained. All cell
culture assays shall be incubated, without overlays, at 15 [deg]C. for
21 days.
(4) Virus identification by serological methods. All cell cultures
showing cytopathic effects (CPE) must be sub-cultured onto fresh cell
cultures. If CPE is observed, determine the presence and identity the
virus by serum neutralization, dot blot, enzyme-linked immunosorbent
assay, or other equivalent serological technique.
(f) Information concerning the importation requirements of this
section and application requirements for designation as a certifying
official for purposes of this section may be obtained by contacting:
U.S. Department of the Interior, U.S. Fish and Wildlife Service,
Division of Fish Hatcheries (820 Arlington Square), 1849 C Street, NW.,
Washington, DC 20240. Telephone 703-358-1878.
(g) The information collection requirements contained in this part
have
[[Page 95]]
been approved by the Office of Management and Budget under 44 U.S.C.
3501 et seq. and assigned clearance number 1018-0078. The information is
being collected to inform U.S. Customs and USFWS inspectors of the
contents, origin, routing, and destination of fish and eggs shipments
and to certify that the fish lots were inspected for listed pathogens.
The information will be used to protect the health of the fishery
resource. Response is required to obtain a benefit.
[58 FR 58979, Nov. 5, 1993, as amended at 65 FR 37063, June 13, 2000; 67
FR 62203, Oct. 4, 2002]
Sec. 16.14 Importation of live amphibians or their eggs.
Upon the filing of a written declaration with the District Director
of Customs at the port of entry as required under Sec. 14.61, all
species of live amphibians or their eggs may be imported, transported,
and possessed in captivity, without a permit, for scientific, medical,
education, exhibition, or propagating purposes, but no such live
amphibians or any progeny or eggs thereof may be released into the wild
except by the State wildlife conservation agency having jurisdiction
over the area of release or by persons having prior written permission
for release from such agency.
Sec. 16.15 Importation of live reptiles or their eggs.
(a) The importation, transportation, or acquisition is prohibited of
any live specimen or egg of the brown tree snake (Boiga irregularis):
Provided, that the Director shall issue permits authorizing the
importation, transportation, and possession of such live snakes or
viable eggs under the terms and conditions set forth in Sec. 16.22.
(b) Upon the filing of a written declaration with the District
Director of Customs at the port of entry as required under Sec. 14.61,
all other species of live reptiles or their eggs may be imported,
transported, and possessed in captivity, without a permit, for
scientific, medical, educational, exhibitional or propagating purposes,
but no such live reptiles or any progency or eggs thereof may be
released into the wild except by the State wildlife conservation agency
having jurisdiction over the area of release or by persons having prior
written permission for release from such agency.
[55 FR 17441, Apr. 25, 1990]
Subpart C_Permits
Sec. 16.22 Injurious wildlife permits.
The Director may, upon receipt of an application and in accordance
with the issuance criteria of this section, issue a permit authorizing
the importation into or shipment between the continental United States,
the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or
any possession of the United States of injurious wildlife (See subpart B
of this part) for zoological, educational, medical, or scientific
purposes.
(a) Application requirements. Submit applications for permits to
import, transport or acquire injurious wildlife for such purposes to the
Director, U.S. Fish and Wildlife Service, (Attention: Office of
Management Authority), 4401 N. Fairfax Drive, Room 700, Arlington, VA
22203. Submit applications in writing on a Federal Fish and Wildlife
License/Permit application (Form 3-200) and attach all of the following
information:
(1) The number of specimens and the common and scientific names
(genus and species) of each species of live wildlife proposed to be
imported or otherwise acquired, transported and possessed;
(2) The purpose of such importation or other acquisition,
transportation and possession;
(3) The address of the premises where such live wildlife will be
kept in captivity;
(4) A statement of the applicant's qualifications and previous
experience in caring for and handling captive wildlife.
(b) Additional permit conditions. In addition to the general
conditions set forth in part 13 of this subchapter B, permits to import
or ship injurious wildlife for zoological, educational, medical, or
scientific purposes shall be subject to the following conditions:
[[Page 96]]
(1) All live wildlife acquired under permit and all progeny thereof,
must be confined in the approved facilities on the premises authorized
in the permit.
(2) No live wildlife, acquired under permit, or any eggs or progeny
thereof, may be sold, donated, traded, loaned, or transferred to any
other person unless such person has a permit issued by the Director
under Sec. 16.22 authorizing him to acquire and possess such wildlife
or the eggs or progeny thereof.
(3) Permittees shall notify the nearest Special Agent-in-Charge (see
Sec. 10.22 of this chapter) by telephone or other expedient means
within 24 hours following the escape of any wildlife imported or
transported under authority of a permit issued under this section, or
the escape of any progeny of such wildlife, unless otherwise
specifically exempted by terms of the permit.
(c) Issuance criteria. The Director shall consider the following in
determining whether to issue a permit to import or ship injurious
wildlife for zoological, educational, medical, or scientific purposes:
(1) Whether the wildlife is being imported or otherwise acquired for
a bona fide scientific, medical, educational, or zoological exhibition
purpose;
(2) Whether the facilities for holding the wildlife in captivity
have been inspected and approved, and consist of a basic cage or
structure of a design and material adequate to prevent escape which is
maintained inside a building or other facility of such structure that
the wildlife could not escape from the building or other facility after
escaping from the cage or structure maintained therein;
(3) Whether the applicant is a responsible person who is aware of
the potential dangers to public interests posed by such wildlife, and
who by reason of his knowledge, experience, and facilities reasonably
can be expected to provide adequate protection for such public
interests; and
(4) If such wildlife is to be imported or otherwise acquired for
zoological or aquarium exhibition purposes, whether such exhibition or
display will be open to the public during regular appropriate hours.
(d) The Office of Management and Budget approved the information
collection requirements contained in this part 16 under 44 U.S.C. 3507
and assigned OMB Control Number 1018-0093. The Service may not conduct
or sponsor, and you are not required to respond to, a collection of
information unless it displays a currently valid OMB control number. We
are collecting this information to provide information necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria
established in various Federal wildlife conservation statutes and
regulations, on the issuance, suspension, revocation, or denial of
permits. You must respond to obtain or retain a permit. We estimate the
public reporting burden for these reporting requirements to average 2
hours per response, including time for reviewing instructions, gathering
and maintaining data, and completing and reviewing the forms. Direct
comments regarding the burden estimate or any other aspect of these
reporting requirements to the Service Information Collection Control
Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC
20240, or the Office of Management and Budget, Paperwork Reduction
Project (1018-0093), Washington, DC 20603.
[39 FR 1169, Jan. 4, 1974, as amended at 47 FR 30786, July 15, 1982; 63
FR 52634, Oct. 1, 1998]
Subpart D_Additional Exemptions
Sec. 16.32 Importation by Federal agencies.
Nothing in this part shall restrict the importation and
transportation, without a permit, of any live wildlife by Federal
agencies solely for their own use, upon the filing of a written
declaration with the District Director of Customs at the port of entry
as required under Sec. 14.61: Provided, That the provisions of this
section shall not apply to bald and golden eagles or their eggs, or to
migratory birds or their eggs, the importations of which are governed by
regulations under parts 22 and 21 of this chapter, respectively.
[[Page 97]]
Sec. 16.33 Importation of natural-history specimens.
Nothing in this part shall restrict the importation and
transportation, without a permit, of dead natural-history specimens of
wildlife or their eggs for museum or scientific collection purposes:
Provided, That the provisions of this section shall not apply to dead
migratory birds, the importation of which is governed by regulations
under parts 20 and 21 of this chapter; to dead game mammals from Mexico,
the importation of which is governed by regulations under part 14 of
this chapter; or to dead bald and golden eagles or their eggs, the
importation of which is governed by regulations under part 22 of this
chapter.
[[Page 99]]
FINDING AIDS
--------------------------------------------------------------------
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
[[Page 101]]
Material Approved for Incorporation by Reference
(Revised as of October 1, 2004)
The Director of the Federal Register has approved under 5 U.S.C.
552(a) and 1 CFR part 51 the incorporation by reference of the following
publications. This list contains only those incorporations by reference
effective as of the revision date of this volume. Incorporations by
reference found within a regulation are effective upon the effective
date of that regulation. For more information on incorporation by
reference, see the preliminary pages of this volume.
50 CFR (PARTS 1-16)
UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR
50 CFR
International Air Transport Association
2000 Peel St., Montreal, Quebec, Canada H3A 2R4
Live Animal Regulations, 20th Edition, October 1, 14.106
1993.
[[Page 103]]
Table of CFR Titles and Chapters
(Revised as of October 1, 2004)
Title 1--General Provisions
I Administrative Committee of the Federal Register
(Parts 1--49)
II Office of the Federal Register (Parts 50--299)
IV Miscellaneous Agencies (Parts 400--500)
Title 2--Grants and Agreements
Subtitle A--Office of Management and Budget Guidance
for Grants and Agreements
I [Reserved]
II Office of Management and Budget Circulars and Guidance
[Reserved]
Subtitle B--Federal Agency Regulations for Grants and
Agreements [Reserved]
Title 3--The President
I Executive Office of the President (Parts 100--199)
Title 4--Accounts
I General Accounting Office (Parts 1--99)
Title 5--Administrative Personnel
I Office of Personnel Management (Parts 1--1199)
II Merit Systems Protection Board (Parts 1200--1299)
III Office of Management and Budget (Parts 1300--1399)
V The International Organizations Employees Loyalty
Board (Parts 1500--1599)
VI Federal Retirement Thrift Investment Board (Parts
1600--1699)
VIII Office of Special Counsel (Parts 1800--1899)
IX Appalachian Regional Commission (Parts 1900--1999)
XI Armed Forces Retirement Home (Part 2100)
XIV Federal Labor Relations Authority, General Counsel of
the Federal Labor Relations Authority and Federal
Service Impasses Panel (Parts 2400--2499)
[[Page 104]]
XV Office of Administration, Executive Office of the
President (Parts 2500--2599)
XVI Office of Government Ethics (Parts 2600--2699)
XXI Department of the Treasury (Parts 3100--3199)
XXII Federal Deposit Insurance Corporation (Part 3201)
XXIII Department of Energy (Part 3301)
XXIV Federal Energy Regulatory Commission (Part 3401)
XXV Department of the Interior (Part 3501)
XXVI Department of Defense (Part 3601)
XXVIII Department of Justice (Part 3801)
XXIX Federal Communications Commission (Parts 3900--3999)
XXX Farm Credit System Insurance Corporation (Parts 4000--
4099)
XXXI Farm Credit Administration (Parts 4100--4199)
XXXIII Overseas Private Investment Corporation (Part 4301)
XXXV Office of Personnel Management (Part 4501)
XL Interstate Commerce Commission (Part 5001)
XLI Commodity Futures Trading Commission (Part 5101)
XLII Department of Labor (Part 5201)
XLIII National Science Foundation (Part 5301)
XLV Department of Health and Human Services (Part 5501)
XLVI Postal Rate Commission (Part 5601)
XLVII Federal Trade Commission (Part 5701)
XLVIII Nuclear Regulatory Commission (Part 5801)
L Department of Transportation (Part 6001)
LII Export-Import Bank of the United States (Part 6201)
LIII Department of Education (Parts 6300--6399)
LIV Environmental Protection Agency (Part 6401)
LV National Endowment for the Arts (Part 6501)
LVI National Endowment for the Humanities (Part 6601)
LVII General Services Administration (Part 6701)
LVIII Board of Governors of the Federal Reserve System (Part
6801)
LIX National Aeronautics and Space Administration (Part
6901)
LX United States Postal Service (Part 7001)
LXI National Labor Relations Board (Part 7101)
LXII Equal Employment Opportunity Commission (Part 7201)
LXIII Inter-American Foundation (Part 7301)
LXV Department of Housing and Urban Development (Part
7501)
LXVI National Archives and Records Administration (Part
7601)
LXVII Institute of Museum and Library Services (Part 7701)
LXIX Tennessee Valley Authority (Part 7901)
LXXI Consumer Product Safety Commission (Part 8101)
LXXIII Department of Agriculture (Part 8301)
LXXIV Federal Mine Safety and Health Review Commission (Part
8401)
[[Page 105]]
LXXVI Federal Retirement Thrift Investment Board (Part 8601)
LXXVII Office of Management and Budget (Part 8701)
Title 6--Homeland Security
I Department of Homeland Security, Office of the
Secretary (Parts 0--99)
Title 7--Agriculture
Subtitle A--Office of the Secretary of Agriculture
(Parts 0--26)
Subtitle B--Regulations of the Department of
Agriculture
I Agricultural Marketing Service (Standards,
Inspections, Marketing Practices), Department of
Agriculture (Parts 27--209)
II Food and Nutrition Service, Department of Agriculture
(Parts 210--299)
III Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 300--399)
IV Federal Crop Insurance Corporation, Department of
Agriculture (Parts 400--499)
V Agricultural Research Service, Department of
Agriculture (Parts 500--599)
VI Natural Resources Conservation Service, Department of
Agriculture (Parts 600--699)
VII Farm Service Agency, Department of Agriculture (Parts
700--799)
VIII Grain Inspection, Packers and Stockyards
Administration (Federal Grain Inspection Service),
Department of Agriculture (Parts 800--899)
IX Agricultural Marketing Service (Marketing Agreements
and Orders; Fruits, Vegetables, Nuts), Department
of Agriculture (Parts 900--999)
X Agricultural Marketing Service (Marketing Agreements
and Orders; Milk), Department of Agriculture
(Parts 1000--1199)
XI Agricultural Marketing Service (Marketing Agreements
and Orders; Miscellaneous Commodities), Department
of Agriculture (Parts 1200--1299)
XIV Commodity Credit Corporation, Department of
Agriculture (Parts 1400--1499)
XV Foreign Agricultural Service, Department of
Agriculture (Parts 1500--1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts
1600--1699)
XVII Rural Utilities Service, Department of Agriculture
(Parts 1700--1799)
XVIII Rural Housing Service, Rural Business-Cooperative
Service, Rural Utilities Service, and Farm Service
Agency, Department of Agriculture (Parts 1800--
2099)
XX Local Television Loan Guarantee Board (Parts 2200--
2299)
[[Page 106]]
XXVI Office of Inspector General, Department of Agriculture
(Parts 2600--2699)
XXVII Office of Information Resources Management, Department
of Agriculture (Parts 2700--2799)
XXVIII Office of Operations, Department of Agriculture (Parts
2800--2899)
XXIX Office of Energy, Department of Agriculture (Parts
2900--2999)
XXX Office of the Chief Financial Officer, Department of
Agriculture (Parts 3000--3099)
XXXI Office of Environmental Quality, Department of
Agriculture (Parts 3100--3199)
XXXII Office of Procurement and Property Management,
Department of Agriculture (Parts 3200--3299)
XXXIII Office of Transportation, Department of Agriculture
(Parts 3300--3399)
XXXIV Cooperative State Research, Education, and Extension
Service, Department of Agriculture (Parts 3400--
3499)
XXXV Rural Housing Service, Department of Agriculture
(Parts 3500--3599)
XXXVI National Agricultural Statistics Service, Department
of Agriculture (Parts 3600--3699)
XXXVII Economic Research Service, Department of Agriculture
(Parts 3700--3799)
XXXVIII World Agricultural Outlook Board, Department of
Agriculture (Parts 3800--3899)
XLI [Reserved]
XLII Rural Business-Cooperative Service and Rural Utilities
Service, Department of Agriculture (Parts 4200--
4299)
Title 8--Aliens and Nationality
I Department of Homeland Security (Immigration and
Naturalization) (Parts 1--499)
V Executive Office for Immigration Review, Department of
Justice (Parts 1000--1399)
Title 9--Animals and Animal Products
I Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 1--199)
II Grain Inspection, Packers and Stockyards
Administration (Packers and Stockyards Programs),
Department of Agriculture (Parts 200--299)
III Food Safety and Inspection Service, Department of
Agriculture (Parts 300--599)
Title 10--Energy
I Nuclear Regulatory Commission (Parts 0--199)
II Department of Energy (Parts 200--699)
[[Page 107]]
III Department of Energy (Parts 700--999)
X Department of Energy (General Provisions) (Parts
1000--1099)
XVII Defense Nuclear Facilities Safety Board (Parts 1700--
1799)
XVIII Northeast Interstate Low-Level Radioactive Waste
Commission (Part 1800)
Title 11--Federal Elections
I Federal Election Commission (Parts 1--9099)
Title 12--Banks and Banking
I Comptroller of the Currency, Department of the
Treasury (Parts 1--199)
II Federal Reserve System (Parts 200--299)
III Federal Deposit Insurance Corporation (Parts 300--399)
IV Export-Import Bank of the United States (Parts 400--
499)
V Office of Thrift Supervision, Department of the
Treasury (Parts 500--599)
VI Farm Credit Administration (Parts 600--699)
VII National Credit Union Administration (Parts 700--799)
VIII Federal Financing Bank (Parts 800--899)
IX Federal Housing Finance Board (Parts 900--999)
XI Federal Financial Institutions Examination Council
(Parts 1100--1199)
XIV Farm Credit System Insurance Corporation (Parts 1400--
1499)
XV Department of the Treasury (Parts 1500--1599)
XVII Office of Federal Housing Enterprise Oversight,
Department of Housing and Urban Development (Parts
1700--1799)
XVIII Community Development Financial Institutions Fund,
Department of the Treasury (Parts 1800--1899)
Title 13--Business Credit and Assistance
I Small Business Administration (Parts 1--199)
III Economic Development Administration, Department of
Commerce (Parts 300--399)
IV Emergency Steel Guarantee Loan Board, Department of
Commerce (Parts 400--499)
V Emergency Oil and Gas Guaranteed Loan Board,
Department of Commerce (Parts 500--599)
Title 14--Aeronautics and Space
I Federal Aviation Administration, Department of
Transportation (Parts 1--199)
II Office of the Secretary, Department of Transportation
(Aviation Proceedings) (Parts 200--399)
[[Page 108]]
III Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation
(Parts 400--499)
V National Aeronautics and Space Administration (Parts
1200--1299)
VI Air Transportation System Stabilization (Parts 1300--
1399)
Title 15--Commerce and Foreign Trade
Subtitle A--Office of the Secretary of Commerce (Parts
0--29)
Subtitle B--Regulations Relating to Commerce and
Foreign Trade
I Bureau of the Census, Department of Commerce (Parts
30--199)
II National Institute of Standards and Technology,
Department of Commerce (Parts 200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV Foreign-Trade Zones Board, Department of Commerce
(Parts 400--499)
VII Bureau of Industry and Security, Department of
Commerce (Parts 700--799)
VIII Bureau of Economic Analysis, Department of Commerce
(Parts 800--899)
IX National Oceanic and Atmospheric Administration,
Department of Commerce (Parts 900--999)
XI Technology Administration, Department of Commerce
(Parts 1100--1199)
XIII East-West Foreign Trade Board (Parts 1300--1399)
XIV Minority Business Development Agency (Parts 1400--
1499)
Subtitle C--Regulations Relating to Foreign Trade
Agreements
XX Office of the United States Trade Representative
(Parts 2000--2099)
Subtitle D--Regulations Relating to Telecommunications
and Information
XXIII National Telecommunications and Information
Administration, Department of Commerce (Parts
2300--2399)
Title 16--Commercial Practices
I Federal Trade Commission (Parts 0--999)
II Consumer Product Safety Commission (Parts 1000--1799)
Title 17--Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1--199)
II Securities and Exchange Commission (Parts 200--399)
IV Department of the Treasury (Parts 400--499)
[[Page 109]]
Title 18--Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of
Energy (Parts 1--399)
III Delaware River Basin Commission (Parts 400--499)
VI Water Resources Council (Parts 700--799)
VIII Susquehanna River Basin Commission (Parts 800--899)
XIII Tennessee Valley Authority (Parts 1300--1399)
Title 19--Customs Duties
I Bureau of Customs and Border Protection, Department of
Homeland Security; Department of the Treasury
(Parts 0--199)
II United States International Trade Commission (Parts
200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV Bureau of Immigration and Customs Enforcement,
Department of Homeland Security (Parts 400--599)
Title 20--Employees' Benefits
I Office of Workers' Compensation Programs, Department
of Labor (Parts 1--199)
II Railroad Retirement Board (Parts 200--399)
III Social Security Administration (Parts 400--499)
IV Employees Compensation Appeals Board, Department of
Labor (Parts 500--599)
V Employment and Training Administration, Department of
Labor (Parts 600--699)
VI Employment Standards Administration, Department of
Labor (Parts 700--799)
VII Benefits Review Board, Department of Labor (Parts
800--899)
VIII Joint Board for the Enrollment of Actuaries (Parts
900--999)
IX Office of the Assistant Secretary for Veterans'
Employment and Training, Department of Labor
(Parts 1000--1099)
Title 21--Food and Drugs
I Food and Drug Administration, Department of Health and
Human Services (Parts 1--1299)
II Drug Enforcement Administration, Department of Justice
(Parts 1300--1399)
III Office of National Drug Control Policy (Parts 1400--
1499)
Title 22--Foreign Relations
I Department of State (Parts 1--199)
II Agency for International Development (Parts 200--299)
III Peace Corps (Parts 300--399)
[[Page 110]]
IV International Joint Commission, United States and
Canada (Parts 400--499)
V Broadcasting Board of Governors (Parts 500--599)
VII Overseas Private Investment Corporation (Parts 700--
799)
IX Foreign Service Grievance Board Regulations (Parts
900--999)
X Inter-American Foundation (Parts 1000--1099)
XI International Boundary and Water Commission, United
States and Mexico, United States Section (Parts
1100--1199)
XII United States International Development Cooperation
Agency (Parts 1200--1299)
XIV Foreign Service Labor Relations Board; Federal Labor
Relations Authority; General Counsel of the
Federal Labor Relations Authority; and the Foreign
Service Impasse Disputes Panel (Parts 1400--1499)
XV African Development Foundation (Parts 1500--1599)
XVI Japan-United States Friendship Commission (Parts
1600--1699)
XVII United States Institute of Peace (Parts 1700--1799)
Title 23--Highways
I Federal Highway Administration, Department of
Transportation (Parts 1--999)
II National Highway Traffic Safety Administration and
Federal Highway Administration, Department of
Transportation (Parts 1200--1299)
III National Highway Traffic Safety Administration,
Department of Transportation (Parts 1300--1399)
Title 24--Housing and Urban Development
Subtitle A--Office of the Secretary, Department of
Housing and Urban Development (Parts 0--99)
Subtitle B--Regulations Relating to Housing and Urban
Development
I Office of Assistant Secretary for Equal Opportunity,
Department of Housing and Urban Development (Parts
100--199)
II Office of Assistant Secretary for Housing-Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 200--299)
III Government National Mortgage Association, Department
of Housing and Urban Development (Parts 300--399)
IV Office of Housing and Office of Multifamily Housing
Assistance Restructuring, Department of Housing
and Urban Development (Parts 400--499)
V Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 500--599)
VI Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 600--699) [Reserved]
[[Page 111]]
VII Office of the Secretary, Department of Housing and
Urban Development (Housing Assistance Programs and
Public and Indian Housing Programs) (Parts 700--
799)
VIII Office of the Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Section 8 Housing Assistance
Programs, Section 202 Direct Loan Program, Section
202 Supportive Housing for the Elderly Program and
Section 811 Supportive Housing for Persons With
Disabilities Program) (Parts 800--899)
IX Office of Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban
Development (Parts 900--1699)
X Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Interstate Land Sales
Registration Program) (Parts 1700--1799)
XII Office of Inspector General, Department of Housing and
Urban Development (Parts 2000--2099)
XX Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 3200--3899)
XXV Neighborhood Reinvestment Corporation (Parts 4100--
4199)
Title 25--Indians
I Bureau of Indian Affairs, Department of the Interior
(Parts 1--299)
II Indian Arts and Crafts Board, Department of the
Interior (Parts 300--399)
III National Indian Gaming Commission, Department of the
Interior (Parts 500--599)
IV Office of Navajo and Hopi Indian Relocation (Parts
700--799)
V Bureau of Indian Affairs, Department of the Interior,
and Indian Health Service, Department of Health
and Human Services (Part 900)
VI Office of the Assistant Secretary-Indian Affairs,
Department of the Interior (Parts 1000--1199)
VII Office of the Special Trustee for American Indians,
Department of the Interior (Part 1200)
Title 26--Internal Revenue
I Internal Revenue Service, Department of the Treasury
(Parts 1--899)
Title 27--Alcohol, Tobacco Products and Firearms
I Alcohol and Tobacco Tax and Trade Bureau, Department
of the Treasury (Parts 1--399)
II Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice (Parts 400--699)
[[Page 112]]
Title 28--Judicial Administration
I Department of Justice (Parts 0--299)
III Federal Prison Industries, Inc., Department of Justice
(Parts 300--399)
V Bureau of Prisons, Department of Justice (Parts 500--
599)
VI Offices of Independent Counsel, Department of Justice
(Parts 600--699)
VII Office of Independent Counsel (Parts 700--799)
VIII Court Services and Offender Supervision Agency for the
District of Columbia (Parts 800--899)
IX National Crime Prevention and Privacy Compact Council
(Parts 900--999)
XI Department of Justice and Department of State (Parts
1100--1199)
Title 29--Labor
Subtitle A--Office of the Secretary of Labor (Parts
0--99)
Subtitle B--Regulations Relating to Labor
I National Labor Relations Board (Parts 100--199)
II Office of Labor-Management Standards, Department of
Labor (Parts 200--299)
III National Railroad Adjustment Board (Parts 300--399)
IV Office of Labor-Management Standards, Department of
Labor (Parts 400--499)
V Wage and Hour Division, Department of Labor (Parts
500--899)
IX Construction Industry Collective Bargaining Commission
(Parts 900--999)
X National Mediation Board (Parts 1200--1299)
XII Federal Mediation and Conciliation Service (Parts
1400--1499)
XIV Equal Employment Opportunity Commission (Parts 1600--
1699)
XVII Occupational Safety and Health Administration,
Department of Labor (Parts 1900--1999)
XX Occupational Safety and Health Review Commission
(Parts 2200--2499)
XXV Employee Benefits Security Administration, Department
of Labor (Parts 2500--2599)
XXVII Federal Mine Safety and Health Review Commission
(Parts 2700--2799)
XL Pension Benefit Guaranty Corporation (Parts 4000--
4999)
Title 30--Mineral Resources
I Mine Safety and Health Administration, Department of
Labor (Parts 1--199)
II Minerals Management Service, Department of the
Interior (Parts 200--299)
III Board of Surface Mining and Reclamation Appeals,
Department of the Interior (Parts 300--399)
[[Page 113]]
IV Geological Survey, Department of the Interior (Parts
400--499)
VII Office of Surface Mining Reclamation and Enforcement,
Department of the Interior (Parts 700--999)
Title 31--Money and Finance: Treasury
Subtitle A--Office of the Secretary of the Treasury
(Parts 0--50)
Subtitle B--Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts
51--199)
II Fiscal Service, Department of the Treasury (Parts
200--399)
IV Secret Service, Department of the Treasury (Parts
400--499)
V Office of Foreign Assets Control, Department of the
Treasury (Parts 500--599)
VI Bureau of Engraving and Printing, Department of the
Treasury (Parts 600--699)
VII Federal Law Enforcement Training Center, Department of
the Treasury (Parts 700--799)
VIII Office of International Investment, Department of the
Treasury (Parts 800--899)
IX Federal Claims Collection Standards (Department of the
Treasury--Department of Justice) (Parts 900--999)
Title 32--National Defense
Subtitle A--Department of Defense
I Office of the Secretary of Defense (Parts 1--399)
V Department of the Army (Parts 400--699)
VI Department of the Navy (Parts 700--799)
VII Department of the Air Force (Parts 800--1099)
Subtitle B--Other Regulations Relating to National
Defense
XII Defense Logistics Agency (Parts 1200--1299)
XVI Selective Service System (Parts 1600--1699)
XVIII National Counterintelligence Center (Parts 1800--1899)
XIX Central Intelligence Agency (Parts 1900--1999)
XX Information Security Oversight Office, National
Archives and Records Administration (Parts 2000--
2099)
XXI National Security Council (Parts 2100--2199)
XXIV Office of Science and Technology Policy (Parts 2400--
2499)
XXVII Office for Micronesian Status Negotiations (Parts
2700--2799)
XXVIII Office of the Vice President of the United States
(Parts 2800--2899)
Title 33--Navigation and Navigable Waters
I Coast Guard, Department of Homeland Security (Parts
1--199)
II Corps of Engineers, Department of the Army (Parts
200--399)
[[Page 114]]
IV Saint Lawrence Seaway Development Corporation,
Department of Transportation (Parts 400--499)
Title 34--Education
Subtitle A--Office of the Secretary, Department of
Education (Parts 1--99)
Subtitle B--Regulations of the Offices of the
Department of Education
I Office for Civil Rights, Department of Education
(Parts 100--199)
II Office of Elementary and Secondary Education,
Department of Education (Parts 200--299)
III Office of Special Education and Rehabilitative
Services, Department of Education (Parts 300--399)
IV Office of Vocational and Adult Education, Department
of Education (Parts 400--499)
V Office of Bilingual Education and Minority Languages
Affairs, Department of Education (Parts 500--599)
VI Office of Postsecondary Education, Department of
Education (Parts 600--699)
XI National Institute for Literacy (Parts 1100--1199)
Subtitle C--Regulations Relating to Education
XII National Council on Disability (Parts 1200--1299)
Title 35--Panama Canal
I Panama Canal Regulations (Parts 1--299)
Title 36--Parks, Forests, and Public Property
I National Park Service, Department of the Interior
(Parts 1--199)
II Forest Service, Department of Agriculture (Parts 200--
299)
III Corps of Engineers, Department of the Army (Parts
300--399)
IV American Battle Monuments Commission (Parts 400--499)
V Smithsonian Institution (Parts 500--599)
VII Library of Congress (Parts 700--799)
VIII Advisory Council on Historic Preservation (Parts 800--
899)
IX Pennsylvania Avenue Development Corporation (Parts
900--999)
X Presidio Trust (Parts 1000--1099)
XI Architectural and Transportation Barriers Compliance
Board (Parts 1100--1199)
XII National Archives and Records Administration (Parts
1200--1299)
XV Oklahoma City National Memorial Trust (Part 1501)
XVI Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation (Parts 1600--1699)
[[Page 115]]
Title 37--Patents, Trademarks, and Copyrights
I United States Patent and Trademark Office, Department
of Commerce (Parts 1--199)
II Copyright Office, Library of Congress (Parts 200--299)
IV Assistant Secretary for Technology Policy, Department
of Commerce (Parts 400--499)
V Under Secretary for Technology, Department of Commerce
(Parts 500--599)
Title 38--Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0--99)
Title 39--Postal Service
I United States Postal Service (Parts 1--999)
III Postal Rate Commission (Parts 3000--3099)
Title 40--Protection of Environment
I Environmental Protection Agency (Parts 1--1099)
IV Environmental Protection Agency and Department of
Justice (Parts 1400--1499)
V Council on Environmental Quality (Parts 1500--1599)
VI Chemical Safety and Hazard Investigation Board (Parts
1600--1699)
VII Environmental Protection Agency and Department of
Defense; Uniform National Discharge Standards for
Vessels of the Armed Forces (Parts 1700--1799)
Title 41--Public Contracts and Property Management
Subtitle B--Other Provisions Relating to Public
Contracts
50 Public Contracts, Department of Labor (Parts 50-1--50-
999)
51 Committee for Purchase From People Who Are Blind or
Severely Disabled (Parts 51-1--51-99)
60 Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Parts
60-1--60-999)
61 Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 61-1--61-999)
Subtitle C--Federal Property Management Regulations
System
101 Federal Property Management Regulations (Parts 101-1--
101-99)
102 Federal Management Regulation (Parts 102-1--102-299)
105 General Services Administration (Parts 105-1--105-999)
109 Department of Energy Property Management Regulations
(Parts 109-1--109-99)
114 Department of the Interior (Parts 114-1--114-99)
115 Environmental Protection Agency (Parts 115-1--115-99)
[[Page 116]]
128 Department of Justice (Parts 128-1--128-99)
Subtitle D--Other Provisions Relating to Property
Management [Reserved]
Subtitle E--Federal Information Resources Management
Regulations System
201 Federal Information Resources Management Regulation
(Parts 201-1--201-99) [Reserved]
Subtitle F--Federal Travel Regulation System
300 General (Parts 300-1--300-99)
301 Temporary Duty (TDY) Travel Allowances (Parts 301-1--
301-99)
302 Relocation Allowances (Parts 302-1--302-99)
303 Payment of Expenses Connected with the Death of
Certain Employees (Part 303-70)
304 Payment of Travel Expenses from a Non-Federal Source
(Parts 304-1--304-99)
Title 42--Public Health
I Public Health Service, Department of Health and Human
Services (Parts 1--199)
IV Centers for Medicare & Medicaid Services, Department
of Health and Human Services (Parts 400--499)
V Office of Inspector General-Health Care, Department of
Health and Human Services (Parts 1000--1999)
Title 43--Public Lands: Interior
Subtitle A--Office of the Secretary of the Interior
(Parts 1--199)
Subtitle B--Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior
(Parts 200--499)
II Bureau of Land Management, Department of the Interior
(Parts 1000--9999)
III Utah Reclamation Mitigation and Conservation
Commission (Parts 10000--10010)
Title 44--Emergency Management and Assistance
I Federal Emergency Management Agency, Department of
Homeland Security (Parts 0--399)
IV Department of Commerce and Department of
Transportation (Parts 400--499)
Title 45--Public Welfare
Subtitle A--Department of Health and Human Services
(Parts 1--199)
Subtitle B--Regulations Relating to Public Welfare
[[Page 117]]
II Office of Family Assistance (Assistance Programs),
Administration for Children and Families,
Department of Health and Human Services (Parts
200--299)
III Office of Child Support Enforcement (Child Support
Enforcement Program), Administration for Children
and Families, Department of Health and Human
Services (Parts 300--399)
IV Office of Refugee Resettlement, Administration for
Children and Families, Department of Health and
Human Services (Parts 400--499)
V Foreign Claims Settlement Commission of the United
States, Department of Justice (Parts 500--599)
VI National Science Foundation (Parts 600--699)
VII Commission on Civil Rights (Parts 700--799)
VIII Office of Personnel Management (Parts 800--899)
X Office of Community Services, Administration for
Children and Families, Department of Health and
Human Services (Parts 1000--1099)
XI National Foundation on the Arts and the Humanities
(Parts 1100--1199)
XII Corporation for National and Community Service (Parts
1200--1299)
XIII Office of Human Development Services, Department of
Health and Human Services (Parts 1300--1399)
XVI Legal Services Corporation (Parts 1600--1699)
XVII National Commission on Libraries and Information
Science (Parts 1700--1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800--
1899)
XXI Commission on Fine Arts (Parts 2100--2199)
XXIII Arctic Research Commission (Part 2301)
XXIV James Madison Memorial Fellowship Foundation (Parts
2400--2499)
XXV Corporation for National and Community Service (Parts
2500--2599)
Title 46--Shipping
I Coast Guard, Department of Homeland Security (Parts
1--199)
II Maritime Administration, Department of Transportation
(Parts 200--399)
III Coast Guard (Great Lakes Pilotage), Department of
Homeland Security (Parts 400--499)
IV Federal Maritime Commission (Parts 500--599)
Title 47--Telecommunication
I Federal Communications Commission (Parts 0--199)
II Office of Science and Technology Policy and National
Security Council (Parts 200--299)
[[Page 118]]
III National Telecommunications and Information
Administration, Department of Commerce (Parts
300--399)
Title 48--Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1--99)
2 Department of Defense (Parts 200--299)
3 Department of Health and Human Services (Parts 300--
399)
4 Department of Agriculture (Parts 400--499)
5 General Services Administration (Parts 500--599)
6 Department of State (Parts 600--699)
7 United States Agency for International Development
(Parts 700--799)
8 Department of Veterans Affairs (Parts 800--899)
9 Department of Energy (Parts 900--999)
10 Department of the Treasury (Parts 1000--1099)
12 Department of Transportation (Parts 1200--1299)
13 Department of Commerce (Parts 1300--1399)
14 Department of the Interior (Parts 1400--1499)
15 Environmental Protection Agency (Parts 1500--1599)
16 Office of Personnel Management, Federal Employees
Health Benefits Acquisition Regulation (Parts
1600--1699)
17 Office of Personnel Management (Parts 1700--1799)
18 National Aeronautics and Space Administration (Parts
1800--1899)
19 Broadcasting Board of Governors (Parts 1900--1999)
20 Nuclear Regulatory Commission (Parts 2000--2099)
21 Office of Personnel Management, Federal Employees
Group Life Insurance Federal Acquisition
Regulation (Parts 2100--2199)
23 Social Security Administration (Parts 2300--2399)
24 Department of Housing and Urban Development (Parts
2400--2499)
25 National Science Foundation (Parts 2500--2599)
28 Department of Justice (Parts 2800--2899)
29 Department of Labor (Parts 2900--2999)
30 Department of Homeland Security, Homeland Security
Acquisition Regulation (HSAR) (Parts 3000--3099)
34 Department of Education Acquisition Regulation (Parts
3400--3499)
35 Panama Canal Commission (Parts 3500--3599)
44 Federal Emergency Management Agency (Parts 4400--4499)
51 Department of the Army Acquisition Regulations (Parts
5100--5199)
52 Department of the Navy Acquisition Regulations (Parts
5200--5299)
53 Department of the Air Force Federal Acquisition
Regulation Supplement (Parts 5300--5399)
[[Page 119]]
54 Defense Logistics Agency, Department of Defense (Parts
5400--5499)
57 African Development Foundation (Parts 5700--5799)
61 General Services Administration Board of Contract
Appeals (Parts 6100--6199)
63 Department of Transportation Board of Contract Appeals
(Parts 6300--6399)
99 Cost Accounting Standards Board, Office of Federal
Procurement Policy, Office of Management and
Budget (Parts 9900--9999)
Title 49--Transportation
Subtitle A--Office of the Secretary of Transportation
(Parts 1--99)
Subtitle B--Other Regulations Relating to
Transportation
I Research and Special Programs Administration,
Department of Transportation (Parts 100--199)
II Federal Railroad Administration, Department of
Transportation (Parts 200--299)
III Federal Motor Carrier Safety Administration,
Department of Transportation (Parts 300--399)
IV Coast Guard, Department of Homeland Security (Parts
400--499)
V National Highway Traffic Safety Administration,
Department of Transportation (Parts 500--599)
VI Federal Transit Administration, Department of
Transportation (Parts 600--699)
VII National Railroad Passenger Corporation (AMTRAK)
(Parts 700--799)
VIII National Transportation Safety Board (Parts 800--999)
X Surface Transportation Board, Department of
Transportation (Parts 1000--1399)
XI Bureau of Transportation Statistics, Department of
Transportation (Parts 1400--1499)
XII Transportation Security Administration, Department of
Homeland Security (Parts 1500--1699)
Title 50--Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of
the Interior (Parts 1--199)
II National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 200--299)
III International Fishing and Related Activities (Parts
300--399)
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 (Parts 400--499)
[[Page 120]]
V Marine Mammal Commission (Parts 500--599)
VI Fishery Conservation and Management, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 600--699)
CFR Index and Finding Aids
Subject/Agency Index
List of Agency Prepared Indexes
Parallel Tables of Statutory Authorities and Rules
List of CFR Titles, Chapters, Subchapters, and Parts
Alphabetical List of Agencies Appearing in the CFR
[[Page 121]]
Alphabetical List of Agencies Appearing in the CFR
(Revised as of October 1, 2004)
CFR Title, Subtitle or
Agency Chapter
Administrative Committee of the Federal Register 1, I
Advanced Research Projects Agency 32, I
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV
Federal Acquisition Regulation 48, 57
Agency for International Development, United 22, II
States
Federal Acquisition Regulation 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agriculture Department 5, LXXIII
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Animal and Plant Health Inspection Service 7, III; 9, I
Chief Financial Officer, Office of 7, XXX
Commodity Credit Corporation 7, XIV
Cooperative State Research, Education, and 7, XXXIV
Extension Service
Economic Research Service 7, XXXVII
Energy, Office of 7, XXIX
Environmental Quality, Office of 7, XXXI
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Forest Service 36, II
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Natural Resources Conservation Service 7, VI
Operations, Office of 7, XXVIII
Procurement and Property Management, Office of 7, XXXII
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Telephone Bank 7, XVI
Rural Utilities Service 7, XVII, XVIII, XLII
Secretary of Agriculture, Office of 7, Subtitle A
Transportation, Office of 7, XXXIII
World Agricultural Outlook Board 7, XXXVIII
Air Force Department 32, VII
Federal Acquisition Regulation Supplement 48, 53
Air Transportation Stabilization Board 14, VI
Alcohol and Tobacco Tax and Trade Bureau 27, I
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
American Indians, Office of the Special Trustee 25, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
[[Page 122]]
Architectural and Transportation Barriers 36, XI
Compliance Board
Arctic Research Commission 45, XXIII
Armed Forces Retirement Home 5, XI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Benefits Review Board 20, VII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Blind or Severely Disabled, Committee for 41, 51
Purchase From People Who Are
Broadcasting Board of Governors 22, V
Federal Acquisition Regulation 48, 19
Census Bureau 15, I
Centers for Medicare & Medicaid Services 42, IV
Central Intelligence Agency 32, XIX
Chief Financial Officer, Office of 7, XXX
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X
Civil Rights, Commission on 45, VII
Civil Rights, Office for 34, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Commerce Department 44, IV
Census Bureau 15, I
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
Foreign-Trade Zones Board 15, IV
Industry and Security, Bureau of 15, VII
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV, VI
National Oceanic and Atmospheric 15, IX; 50, II, III, IV,
Administration VI
National Telecommunications and Information 15, XXIII; 47, III
Administration
National Weather Service 15, IX
Patent and Trademark Office, United States 37, I
Productivity, Technology and Innovation, 37, IV
Assistant Secretary for
Secretary of Commerce, Office of 15, Subtitle A
Technology, Under Secretary for 37, V
Technology Administration 15, XI
Technology Policy, Assistant Secretary for 37, IV
Commercial Space Transportation 14, III
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 5, XLI; 17, I
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining 29, IX
Commission
Consumer Product Safety Commission 5, LXXI; 16, II
Cooperative State Research, Education, and 7, XXXIV
Extension Service
Copyright Office 37, II
Corporation for National and Community Service 45, XII, XXV
Cost Accounting Standards Board 48, 99
Council on Environmental Quality 40, V
Court Services and Offender Supervision Agency 28, VIII
for the District of Columbia
Customs and Border Protection Bureau 19, I
Defense Contract Audit Agency 32, I
Defense Department 5, XXVI; 32, Subtitle A;
40, VII
[[Page 123]]
Advanced Research Projects Agency 32, I
Air Force Department 32, VII
Army Department 32, V; 33, II; 36, III,
48, 51
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, I, XII; 48, 54
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 2
National Imagery and Mapping Agency 32, I
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 32, I
Defense Contract Audit Agency 32, I
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, XII; 48, 54
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
District of Columbia, Court Services and 28, VIII
Offender Supervision Agency for the
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Economic Research Service 7, XXXVII
Education, Department of 5, LIII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Civil Rights, Office for 34, I
Educational Research and Improvement, Office 34, VII
of
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, 34, III
Office of
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Emergency Oil and Gas Guaranteed Loan Board 13, V
Emergency Steel Guarantee Loan Board 13, IV
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 5, XXIII; 10, II, III, X
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 5, XXIV; 18, I
Property Management Regulations 41, 109
Energy, Office of 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 5, LIV; 40, I, IV, VII
Federal Acquisition Regulation 48, 15
Property Management Regulations 41, 115
Environmental Quality, Office of 7, XXXI
Equal Employment Opportunity Commission 5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary 24, I
for
Executive Office of the President 3, I
Administration, Office of 5, XV
Environmental Quality, Council on 40, V
Management and Budget, Office of 5, III, LXXVII; 14, VI;
48, 99
National Drug Control Policy, Office of 21, III
National Security Council 32, XXI; 47, 2
Presidential Documents 3
Science and Technology Policy, Office of 32, XXIV; 47, II
[[Page 124]]
Trade Representative, Office of the United 15, XX
States
Export-Import Bank of the United States 5, LII; 12, IV
Family Assistance, Office of 45, II
Farm Credit Administration 5, XXXI; 12, VI
Farm Credit System Insurance Corporation 5, XXX; 12, XIV
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Commercial Space Transportation 14, III
Federal Claims Collection Standards 31, IX
Federal Communications Commission 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 5, XXII; 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I
Federal Acquisition Regulation 48, 44
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Federal Energy Regulatory Commission 5, XXIV; 18, I
Federal Financial Institutions Examination 12, XI
Council
Federal Financing Bank 12, VIII
Federal Highway Administration 23, I, II
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Enterprise Oversight Office 12, XVII
Federal Housing Finance Board 12, IX
Federal Labor Relations Authority, and General 5, XIV; 22, XIV
Counsel of the Federal Labor Relations
Authority
Federal Law Enforcement Training Center 31, VII
Federal Management Regulation 41, 102
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration 49, III
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Board of Governors 5, LVIII
Federal Retirement Thrift Investment Board 5, VI, LXXVI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 5, XLVII; 16, I
Federal Transit Administration 49, VI
Federal Travel Regulation System 41, Subtitle F
Fine Arts, Commission on 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of the 45, V
United States
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Accounting Office 4, I
General Services Administration 5, LVII; 41, 105
Contract Appeals, Board of 48, 61
Federal Acquisition Regulation 48, 5
[[Page 125]]
Federal Management Regulation 41, 102
Federal Property Management Regulations 41, 101
Federal Travel Regulation System 41, Subtitle F
General 41, 300
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death 41, 303
of Certain Employees
Relocation Allowances 41, 302
Temporary Duty (TDY) Travel Allowances 41, 301
Geological Survey 30, IV
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 5, XLV; 45, Subtitle A
Centers for Medicare & Medicaid Services 42, IV
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Human Development Services, Office of 45, XIII
Indian Health Service 25, V; 42, I
Inspector General (Health Care), Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Homeland Security, Department of 6, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Customs and Border Protection Bureau 19, I
Federal Emergency Management Agency 44, I
Immigration and Customs Enforcement Bureau 19, IV
Immigration and Naturalization 8, I
Transportation Security Administration 49, XII
Housing and Urban Development, Department of 5, LXV; 24, Subtitle B
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Equal Opportunity, Office of Assistant 24, I
Secretary for
Federal Acquisition Regulation 48, 24
Federal Housing Enterprise Oversight, Office 12, XVII
of
Government National Mortgage Association 24, III
Housing--Federal Housing Commissioner, Office 24, II, VIII, X, XX
of Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Inspector General, Office of 24, XII
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Secretary, Office of 24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of 24, II, VIII, X, XX
Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Human Development Services, Office of 45, XIII
Immigration and Customs Enforcement Bureau 19, IV
Immigration and Naturalization 8, I
Immigration Review, Executive Office for 8, V
Independent Counsel, Office of 28, VII
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Indian Health Service 25, V; 42, I
Industry and Security, Bureau of 15, VII
Information Resources Management, Office of 7, XXVII
Information Security Oversight Office, National 32, XX
Archives and Records Administration
Inspector General
[[Page 126]]
Agriculture Department 7, XXVI
Health and Human Services Department 42, V
Housing and Urban Development Department 24, XII
Institute of Peace, United States 22, XVII
Inter-American Foundation 5, LXIII; 22, X
Interior Department
American Indians, Office of the Special 25, VII
Trustee
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Land Management, Bureau of 43, II
Minerals Management Service 30, II
National Indian Gaming Commission 25, III
National Park Service 36, I
Reclamation, Bureau of 43, I
Secretary of the Interior, Office of 43, Subtitle A
Surface Mining and Reclamation Appeals, Board 30, III
of
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Internal Revenue Service 26, I
International Boundary and Water Commission, 22, XI
United States and Mexico, United States
Section
International Development, United States Agency 22, II
for
Federal Acquisition Regulation 48, 7
International Development Cooperation Agency, 22, XII
United States
International Fishing and Related Activities 50, III
International Investment, Office of 31, VIII
International Joint Commission, United States 22, IV
and Canada
International Organizations Employees Loyalty 5, V
Board
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 5, XL
James Madison Memorial Fellowship Foundation 45, XXIV
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 5, XXVIII; 28, I, XI; 40,
IV
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 31, IX
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the 45, V
United States
Immigration Review, Executive Office for 8, V
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Property Management Regulations 41, 128
Labor Department 5, XLII
Benefits Review Board 20, VII
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office 41, 60
of
Federal Procurement Regulations System 41, 50
Labor-Management Standards, Office of 29, II, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
[[Page 127]]
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Standards, Office of 29, II, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Local Television Loan Guarantee Board 7, XX
Management and Budget, Office of 5, III, LXXVII; 14, VI;
48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II
Micronesian Status Negotiations, Office for 32, XXVII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Morris K. Udall Scholarship and Excellence in 36, XVI
National Environmental Policy Foundation
National Aeronautics and Space Administration 5, LIX; 14, V
Federal Acquisition Regulation 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National and Community Service, Corporation for 45, XII, XXV
National Archives and Records Administration 5, LXVI; 36, XII
Information Security Oversight Office 32, XX
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information 45, XVII
Science
National Council on Disability 34, XII
National Counterintelligence Center 32, XVIII
National Credit Union Administration 12, VII
National Crime Prevention and Privacy Compact 28, IX
Council
National Drug Control Policy, Office of 21, III
National Foundation on the Arts and the 45, XI
Humanities
National Highway Traffic Safety Administration 23, II, III; 49, V
National Imagery and Mapping Agency 32, I
National Indian Gaming Commission 25, III
National Institute for Literacy 34, XI
National Institute of Standards and Technology 15, II
National Labor Relations Board 5, LXI; 29, I
National Marine Fisheries Service 50, II, IV, VI
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV,
VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 5, XLIII; 45, VI
Federal Acquisition Regulation 48, 25
National Security Council 32, XXI
National Security Council and Office of Science 47, II
and Technology Policy
National Telecommunications and Information 15, XXIII; 47, III
Administration
National Transportation Safety Board 49, VIII
National Weather Service 15, IX
Natural Resources Conservation Service 7, VI
Navajo and Hopi Indian Relocation, Office of 25, IV
Navy Department 32, VI
Federal Acquisition Regulation 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Northeast Interstate Low-Level Radioactive Waste 10, XVIII
Commission
[[Page 128]]
Nuclear Regulatory Commission 5, XLVIII; 10, I
Federal Acquisition Regulation 48, 20
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Offices of Independent Counsel 28, VI
Oklahoma City National Memorial Trust 36, XV
Operations Office 7, XXVIII
Overseas Private Investment Corporation 5, XXXIII; 22, VII
Panama Canal Commission 48, 35
Panama Canal Regulations 35, I
Patent and Trademark Office, United States 37, I
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death of 41, 303
Certain Employees
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension Benefit Guaranty Corporation 29, XL
Personnel Management, Office of 5, I, XXXV; 45, VIII
Federal Acquisition Regulation 48, 17
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Postal Rate Commission 5, XLVI; 39, III
Postal Service, United States 5, LX; 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House 1, IV
Fellowships
Presidential Documents 3
Presidio Trust 36, X
Prisons, Bureau of 28, V
Procurement and Property Management, Office of 7, XXXII
Productivity, Technology and Innovation, 37, IV
Assistant Secretary
Public Contracts, Department of Labor 41, 50
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation, Bureau of 43, I
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Special Programs Administration 49, I
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Telephone Bank 7, XVI
Rural Utilities Service 7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and 47, II
National Security Council
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 13, I
Smithsonian Institution 36, V
Social Security Administration 20, III; 48, 23
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, 34, III
Office of
State Department 22, I; 28, XI
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Surface Transportation Board 49, X
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Technology Policy, Assistant Secretary for 37, IV
[[Page 129]]
Technology, Under Secretary for 37, V
Tennessee Valley Authority 5, LXIX; 18, XIII
Thrift Supervision Office, Department of the 12, V
Treasury
Trade Representative, United States, Office of 15, XX
Transportation, Department of 5, L
Commercial Space Transportation 14, III
Contract Appeals, Board of 48, 63
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II
Federal Motor Carrier Safety Administration 49, III
Federal Railroad Administration 49, II
Federal Transit Administration 49, VI
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Research and Special Programs Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Surface Transportation Board 49, X
Transportation Statistics Bureau 49, XI
Transportation, Office of 7, XXXIII
Transportation Security Administration 49, XII
Transportation Statistics Bureau 49, XI
Travel Allowances, Temporary Duty (TDY) 41, 301
Treasury Department 5, XXI; 12, XV; 17, IV;
31, IX
Alcohol and Tobacco Tax and Trade Bureau 27, I
Community Development Financial Institutions 12, XVIII
Fund
Comptroller of the Currency 12, I
Customs and Border Protection Bureau 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
International Investment, Office of 31, VIII
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision, Office of 12, V
Truman, Harry S. Scholarship Foundation 45, XVIII
United States and Canada, International Joint 22, IV
Commission
United States and Mexico, International Boundary 22, XI
and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation 43, III
Commission
Veterans Affairs Department 38, I
Federal Acquisition Regulation 48, 8
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agricultural Outlook Board 7, XXXVIII
[[Page 131]]
List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations that were
made by documents published in the Federal Register since January 1,
2001, are enumerated in the following list. Entries indicate the nature
of the changes effected. Page numbers refer to Federal Register pages.
The user should consult the entries for chapters and parts as well as
sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in
11 separate volumes.
2001
50 CFR
66 FR
Page
Chapter I
13 Affirmation of effective date....................................6483
2002
50 CFR
67 FR
Page
Chapter I
11 Nomenclature change.............................................38208
14.12 Revised......................................................11262
16.11 (a) revised..................................................39868
2003
(No regulations published)
2004
(Regulations published from January 1, 2004 through October 1, 2004)
50 CFR
69 FR
Page
Chapter I
13 Authority citation revised......................................24092
13.25 (b) introductory text revised; (c) and (d) redesignated as
(d) and (e); new (c) added.................................24092
14.106 Nomenclature change.........................................18803
[all]