[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Proposed Rules]
[Pages 31044-31054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14552]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 14
RIN 1018-AD98
Humane and Healthful Transport of Wild Mammals, Birds, Reptiles
and Amphibians to the United States
AGENCY: U.S. Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish & Wildlife Service proposes to make an amendment
to regulations published in 50 CFR part 14, pertaining to the humane
and healthful transport of wild mammals and birds to the United States.
This proposed rule extends the regulations pertaining to the humane and
healthful transport of wild mammals and birds to the United States to
include reptiles and amphibians. These regulations enable the Secretary
of the Interior to meet responsibilities designated by the Lacey Act
Amendments of 1981 (Pub. L. 87-79, 95 Stat. 1073), enacted on November
16, 1981. The purpose of this rule is to ensure the Lacey Act
Amendments' consistency and enforceability extend across all species,
as described by Congress.
[[Page 31045]]
DATES: Comments must be submitted on or before September 4, 1997.
ADDRESSES: Director, U.S. Fish and Wildlife Service, c/o Office of
Management Authority either by mail 4401 N. Fairfax Drive, Room 430,
Arlington, VA 22203 or by fax (703) 358-2280 or by e-mail to
R9OMA__CITES @mail.fws.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Stansell, Chief, Office of
Management Authority, U.S. Fish and Wildlife Service, telephone (703)
358-2093, fax (703) 358-2280.
SUPPLEMENTARY INFORMATION: The Service recognizes three justifications
for amending 50 CFR 14 subpart J. First, the Lacey Act Amendments of
1981 prohibit the transportation of all classes of species into the
United States under inhumane or unhealthful conditions, and require
that the United States Government promulgate regulations governing the
transportation of wildlife. On June 17, 1992, the Service finalized (57
FR 27094) the rules contained in 50 CFR part 14 subpart J, establishing
rules for the humane and healthful transport of wild mammals and birds
to the United States. Subpart J included rules for mammals and birds
only, because at the time the Service determined these classes of
species to be priorities for two reasons: (a) evidence demonstrated
they exhibited the greatest need for more humane and healthful
transportation and (b) they represented a high volume of wildlife trade
into the United States.
To more fully comply with the amendments of the Lacey Act, which
requires the healthful and humane transport of all animals and the
promulgation of regulations necessary to that end, the Service proposes
to extend 50 CFR part 14 subpart J to include rules for the transport
of reptiles and amphibians. Furthermore, many reptiles and amphibians
are species included in the Appendices of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES). It is a CITES requirement that all CITES-listed species are
packed and shipped in accordance with the International Air Transport
Association (IATA) Live Animals Regulations. Therefore, the proposed
rule would place these internationally accepted standards into the Code
of Federal Regulations for reptiles and amphibians.
The Service's second justification for the proposed amendment to
the rule is the need to protect the well-being of reptiles and
amphibians during transport. The Service possesses substantial evidence
showing that current practices of some shippers for transporting
reptiles and amphibians are detrimental to the animals. The Service
currently enforces the Lacey Act Amendments' basic prohibition of the
inhumane or unhealthful transportation of reptiles and amphibians.
However, proving that transportation is inhumane or unhealthful is
difficult absent grossly inhumane or unhealthful conditions that result
in high mortality. The proposed amendment would respond to this problem
by providing the Service's Law Enforcement Division with the authority
to cite shippers for failure to comply with specific regulatory
requirements even where, by chance, high mortality has not resulted.
This additional authority will help the Service ensure increased
compliance with humane and healthful shipping standards, and thus
eliminate mortality and injury for transported reptiles and amphibians.
Finally, the proposed rule to 50 CFR part 14 subpart J enables the
Service to process the high and increasing volume of reptiles and
amphibians entering the United States. Specifically, the regulation
equips the Service with rules which address the particular biological
requirements of reptiles and amphibians, and enable the Service to
respond better to the problems associated with transporting these
species.
Throughout the proposed rule, the Service uses the word ``wild,''
usually in the context of describing ``wild animals.'' The Service does
not consider whether an animal is born in the wild or in captivity to
be germane to the issue of its being a wildlife species. The Service
considers habituated or tame captive individuals of otherwise wild
species to be wildlife. The Service notes that, as per 50 CFR 14.52, a
Service officer must clear all wildlife transported into the United
States. This Subpart J applies to all mammals, birds, reptiles, and
amphibians that require Service clearance. The Service also notes that
``wild'' is the same as ``fish or wildlife'', as defined in both 50 CFR
10.12 and 18 U.S.C. 42(a)(2). Therefore, ``wild'' is defined as ``the
same as fish or wildlife, as defined in Section 10.12.''
The rule augments 50 CFR part 14 subpart J with fifteen sections:
three each for four separate groupings of reptiles species and for one
grouping of amphibians. The Service utilized the same system of
taxonomic classification for grouping the species as that used by IATA
in its Live Animals Regulations, 23rd edition. These regulations serve
as the international industry standards for ensuring the humane and
healthful shipment of live animals. The Service recognizes that IATA
annually revises its Live Animals Regulations and that CITES holds
shippers and carriers legally accountable for complying with the most
current set of IATA regulations. Similarly, the Service will require
shippers and carriers to comply with those changes insomuch as the
proposed rule refers to or incorporates IATA Live Animals Regulations
in any of its regulations.
In establishing the species groupings the Service mirrored IATA in
differentiating between the first two groupings of species by the size
of the transported animal. If the animal's exact size places it on the
borderline between the two groupings, the Service encourages shippers
to use their discretion and professional judgement in deciding which
grouping's transportation rules to follow, based on the needs of the
animal(s) being transported.
The Service also acknowledges that the IATA system of listing and
naming species is inconsistent with that of CITES, for which only the
species' scientific name is official, for listing purposes.
Nevertheless, the Service chose to use IATA's system of naming animal
species, a combination of common English and scientific names, for two
reasons. First, shippers transport both CITES-listed and non-CITES
listed species. Second, the Service wanted the proposed rule to be as
consistent as possible with the IATA regulations, the international
industry standards, for the convenience of shippers and carriers.
For the same reason, the Service proposes to adapt the IATA Live
Animals Regulations' container requirements, preparations before
dispatch, feeding and watering guide, and general care and loading
specifications outlined for each of the species groupings, when
possible. However, the Service enhanced some of the IATA regulations
where it felt doing so would improve animal health and survival. For
example, the Service proposes to require shippers to use stronger, more
durable construction materials than the IATA regulations for some
species groupings. For this reason, the Service decided not to allow
for uniform construction material requirements for all species
groupings, despite the similarity between each species groupings'
particular requirements. In contrast, the Service has also relaxed some
of the IATA regulations. For example, Section 14.181 limits the number
of small Squamata, small Crocodylia or Rhynchocephalia to five
specimens per bag, while IATA Container Requirement #41, for similar
species, recommends one specimen per bag. The Service notes that full
compliance with IATA
[[Page 31046]]
regulations may nevertheless be required by, for instance, relevant
CITES permits.
The Service's proposed revisions to 50 CFR part 14 subpart J fall
into two categories. The first category includes minor revisions made
to sentences in the paragraphs of sections dealing with the general
issues of transporting all live animal species. Generally, this
category's revisions consist of adding the words ``reptiles and
amphibians'' into a sentence. However, some of the revisions include
important general statements describing rules for the humane and
healthful transport of all reptile and amphibian species. In a few
instances, the Service recognized that these rules could and should
apply to mammals and birds as well and made the revisions accordingly.
Throughout these sections, the Service use the word ``animal'' instead
of having to reference each of the animal classes: mammal, bird,
reptile or amphibian. The Service intends for the reader to understand
that it refers to any and all of these classes of animals. Sections
14.101 through 14.112 contain revisions of this first category.
For example, the proposed rule includes reptiles and amphibians in
the regulations in Section 14.105 paragraphs (a) and (b), requiring
veterinary certificates for all animals entering the United States. The
Service does not expect a veterinarian from the initial exporting
country to inspect each individual animal singly in the case of high-
volume shipments. However, the Service expects a government-certified
veterinarian to use professional judgment in deciding how to take a
sample of the animals in a shipment to determine their health status
before they are exported to the United States.
Another change in this section pertains to the transport of sick
animals. The Service included language in Section 14.105(c) which
prohibits the entry of any animal that has visible external parasites,
such as ticks, mites, or leeches. These parasites may harbor zoonotic
diseases that constitute a public health hazard. The Service extended
this regulation to include mammals, birds, reptiles and amphibians.
Section 14.108, paragraphs (c), (d), and (f) prohibit the provision
of food and/or water to reptiles and amphibians during transportation.
The Service acknowledges that under certain thermal conditions and
extended durations of time, these animals do require food and water.
The Service reminds shippers and carriers that those thermal conditions
and extended durations of time represent violations of other
regulations outlined in the proposed rule. In other words, neither the
shipper nor the carrier should ever allow those conditions to arise
that would necessitate providing the animal with food and/or water.
However, the Service recognizes that unforeseen events may arise that
require the shipper or carrier to provide a reptile or amphibian with
food and/or water. In those cases, the shipper shall provide the animal
with sufficient food and uncontaminated water and shall supply the
carrier with specific feeding instructions in a manner consistent with
the regulations outlined in Section 14.108.
Section 14.109 paragraph (b) proposes that the ambient temperature
range for reptiles and amphibians while in the transportation process
be from 21.1 C (70 F) to 26.7 C (80 F). While some reptiles and
amphibians might be able to survive at lower temperatures, many would
not. Therefore, the Service proposes that shippers and carriers
maintain this optimal ambient temperature range to ensure high
survivability rates for all transported reptiles and amphibians. The
Service welcomes any comment on what would constitute a more optimal
ambient temperature range for all reptiles and amphibians.
Paragraph (b)(2) in Section 14.110 outlines guidelines and methods
for pesticide use in the control of insects, ectoparasites, and other
pests. The Service added this paragraph to ensure that neither the
shipper's nor the carrier's pest control protocol harms the transported
animal's health.
The second category of revisions consists of new sections that add
rules applying specifically to one of the five proposed groupings of
reptile and amphibian species. These revisions represent the
incorporation and adaptation of IATA Live Animals Regulations into 50
CFR part 14 for these species. Throughout these sections, the Service
uses the word ``animal'' instead of referring to each of the animals
within that grouping of species. The Service intends for the reader to
understand it refers to any and all of the species within the grouping.
Sections 14.181 through 14.223 contain second category revisions.
Within these sections, some paragraphs only apply to specific
species within the larger groupings. Paragraph (b)(7) of Section 14.181
contains specific guidelines for aquatic snakes. The shipper shall
transport only seasnakes, elephant trunk snakes, tentacled snakes
(Erpeton), and wart snakes (Achrocordus) in damp primary enclosures.
These snakes require aquatic support of their body weight to ensure
higher survival rates during transport. The shipper shall transport all
other aquatic snakes referred to generically as ``watersnakes'' in the
same way as the proposed rule outlines for other snakes in Sections
14.181 and 14.191: warm and dry within a cloth bag.
Several paragraphs--14.182 (b), 14.192 (c), 14.202 (a) and (b), and
14.222 (a)--refer to suitable, non-organic, or sterilized packing
materials within the animal's primary enclosure. The Service added this
language to assist shippers in avoiding inadvertent violations of the
animal and plant health inspection rules of the U.S. Department of
Agriculture (USDA) . The Service recognizes that many container notes
in the IATA Live Animals Regulations recommend packing material such as
brushwood, moss, wood chips, or other organic substances. However, the
USDA explicitly prohibits the entry of such material into the United
States. The Service used the term ``suitable'' in this case in the
recognition of any packing system which the proposed rule failed to
include in its list of acceptable methods but which meet the more
general requirements.
Paragraph (b) of Section 14.192 provides guidelines on sealing the
jaw of crocodilians. The Service has determined that some commercial
tape and most duct tape adhesive are harmful to the thin skin covering
the heads of crocodilians. Therefore, shippers shall only use those
materials specified in the paragraph: surgical or veterinary approved
tape.
In each of the sections pertaining to general care and loading--
Sections 14.183, 14.193, 14.203, 14.213, and 14.223--the Service
explicitly prohibits the shipper from mixing species in a single bag or
compartmentalized container within the primary enclosure. The Service
based its decision on the IATA Live Animals Regulations, which also
explicitly prohibit the mixing of species within the animal's primary
enclosure.
Paragraph (b) in each of these sections discuss ambient temperature
variance. The regulation in these paragraphs requires shippers and
carriers to maintain the animal's optimal ambient temperature range
throughout the transport process. As the previous discussion of Section
14.109 noted, the Service considers any failure to do so as a violation
of the regulations while recognizing that unexpected events may
inadvertently expose the animal to non-optimal ambient temperatures.
Particularly during exposure to cold, the animal may lie dormant for
prolonged periods, and even appear to be dead.
[[Page 31047]]
Therefore, neither the shipper nor the carrier shall presume the
animals to be dead.
The Service also prohibits the use of corrugated cardboard or
corrugated board in constructing a primary enclosure, unless the
shipper uses it to enclose a Styrofoam primary enclosure. The Service
has determined that these materials, when used alone, possess
insufficient strength to comply with either the general construction
guidelines for primary enclosures in Section 14.106 or in the species
grouping specific construction guidelines for primary enclosures in
Sections 14.181, 14.191, 14.201, 14.211, and 14.221.
Another change involves the proposed regulations for transporting
hatchling turtles, or any turtle with a carapace length of less than 10
cm (4 in), outlined in sections 14.211-14.213. Presently, the United
States does not permit the commercial importation of turtles of this
size. Noncommercial imports are limited in number and may require
specific measures to protect the public health (42 CFR 17.52).
Section 14.211 details guidelines for constructing primary
enclosures for transporting these hatchling turtles. The Service
enhanced the IATA Live Animals Regulations container requirement
47 by reducing the number of hatchlings that a
shipper can place in each of the primary enclosure's compartmentalized
containers from 62 to 25. The Service justifies its decision based upon
the need to increase survivorship and to protect the animals' welfare.
Nevertheless, the Service followed the IATA guidelines in the number of
compartmentalized containers per primary enclosure (four).
Sections 14.121 through 14.172 contain no changes whatsoever
because they contain specific rules applicable only to particular
groups of mammal and bird species. The Service chose not to make any
changes to the rules applying to the humane and healthful transport of
wild mammals and birds. Thus, the Service will not consider any
comments made by the public pertaining to mammals and birds at this
time in formulating the final rule but could consider them as a
separate effort by the Service.
Finally, this document contains only those sections of 50 CFR part
14 subpart J in which the proposed rule revises and/or adds words, a
sentence(s), a paragraph(s), or an entire section(s).
Required Determinations
Economic Effect--Executive Order 12866
The Service has concluded that this proposed rule is not a
``significant regulatory action'' in the sense of Executive Order 12866
and was not subject to review by the Office of Management and Budget.
The Service bases its conclusion on the fact that the proposed rule
takes existing industry standards already in practice, strengthens them
for some species for biological reasons, and codifies them into U.S.
Federal regulations.
In those cases where the Service has strengthened industry
standards, it has done so to decrease the expected mortality rate of
the animals. Shippers may experience incremental cost increases from
having to improve the primary enclosures to meet the proposed rule's
specifications. Similarly, shippers may have to produce or purchase
more primary enclosures to comply with the lower number of animals per
primary enclosure that the Service has proposed for certain species.
However, the shipper will capture additional benefits from the
decreased mortality rate which should offset and may even exceed the
additional costs the shipper may incur in either of these scenarios.
Therefore, without available data proving or disproving either its
analysis' assumptions or conclusions, the Service has determined that
the proposed rule will pose no significant additional financial or
economic cost to shippers and carriers.
Moreover, the proposed rule does not include any additional
inspections or fees, so it does not pose any additional cost to
shippers or carriers. Thus, the supply price of engaging in wildlife
trade will remain the same. Similarly, with no additional or
incremental cost for the supplier to pass on to the consumer, the
proposed rule will not raise the price paid for any class of consumer:
wholesalers, retailers, or retail customers. Without any significant
net price, market or competitive effects, the proposed rule probably
will not cause measurable change to any of the accounts in the balance
of payments for either the exporting or importing country. Therefore,
the proposed rule will not have a significant effect at either the
sectoral or macroeconomic level.
The Regulation Flexibility Act
The Service has also certified that these revisions will not have a
significant economic effect on a substantial number of small entities
as described by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The proposed rule will require all entities to comply with the proposed
regulations, regardless of their size. The above discussion established
that the scientifically determined strengthening of current industry
standards at worst will have no significant or measurable economic
effect and potentially may benefit shippers. Moreover, the Service
expects that the revisions would reduce the burden on small entities by
making requirements clearer, but not more stringent.
Executive Order 12988
The Service has determined that this proposed rule meets the
applicable standards provided in Sections 3(a) and (b) of Executive
Order 12988.
Paperwork Reduction Act
The Service has examined this proposed rule under the Paperwork
Reduction Act of 1995, and found it to contain no information
collection requirements.
List of Subjects in 50 CFR Part 14
Animal welfare, Exports, Fish, Imports, Labeling, Reporting and
recordkeeping requirements, Transportation, Wildlife.
Accordingly, 50 CFR subpart J is proposed to be amended as follows:
PART 14--[AMENDED]
1. The authority citation for part 14 continues to read as follows:
Authority: 18 U.S.C. 42(c); 16 U.S.C. 3371-3378; 16 U.S.C.
1538(d)-(f), 1540(f); 16 U.S.C. 1382; 16 U.S.C. 705, 712; 31 U.S.C.
483(a).
2. The Title of Subpart J is revised and new sections 14.181
through 14.223 are added to the table of contents read as follows:
Subpart J--Standards for the Humane and Healthful Transport of Wild
Mammals, Birds, Reptiles, and Amphibians to the United States
Specifications for Reptiles Group 1 (Small Squamata, Small Crocodylia,
Rhynchocephalia)
Secs.
14.181 Design and construction.
14.182 Preparations before dispatch.
14.183 General care and loading.
Specification for Reptiles Group 2 (Large Crocodylia and Large
Squamata)
14.191 Design and construction.
14.192 Preparations before dispatch.
14.193 General care and loading.
Specification for Reptiles Group 3 (Testudines)
14.201 Design and construction.
[[Page 31048]]
14.202 Preparations before dispatch.
14.203 General care and loading.
Specification for Reptiles Group 4 (Juvenile or Hatchling Turtles)
14.211 Design and construction.
14.212 Preparations before dispatch.
14.213 General care and loading.
Specification for Amphibians (Urodela/Caudata, Anura/Salientia, and
Gymnophiona Apoda)
14.221 Design and construction.
14.222 Preparations before dispatch.
14.223 General care and loading.
3. Section 14.101 is revised to read as follows:
Sec. 14.101 Purposes.
The purpose of this subpart is to prescribe requirements necessary
to ensure that live wild mammals, birds, reptiles, and amphibians
shipped to the United States arrive alive, healthy, and uninjured, and
that transportation of such animals occurs under humane and healthful
conditions. These regulations implement Section 9(d) of the Lacey Act
Amendments of 1981 (18 U.S.C. 42(c)).
4. Section 14.102 is amended by revising the definitions for
Ambient air temperature, Carrier, Communicable disease, Handle, Holding
area, Primary enclosure, and Sanitize, and by adding definitions for
Inner enclosure, Reptiles Group 1, Reptiles Group 2, Reptiles Group 3
and Reptiles Group 4, below to read as follows:
Sec. 14.102 Definitions.
* * * * *
Ambient air temperature means the temperature of the air
surrounding a primary enclosure containing a wild mammal, bird,
reptile, or amphibian.
* * * * *
Carrier means any person operating an airline, railroad, motor
carrier, shipping line, or other enterprise engaged in the business of
transporting any wild mammal, bird, reptile, or amphibian for any
purpose including exhibition and for any person, including itself.
Communicable disease means any contagious, infectious, or
transmissible disease or parasite, either internal or external, of wild
mammals, birds, reptiles, or amphibians.
* * * * *
Handle means feed, house, manipulate, crate, shift, transfer,
immobilize, restrain, treat, or otherwise control the movement or
activities of any wild mammal, bird, reptile, or amphibian.
Holding area means a designated area at or within a terminal
facility that has been specially prepared to provide shelter and other
requirements for wild mammals, birds, reptiles, or amphibians being
transported to the United States and in which such wild mammals, birds,
reptiles, or amphibians are maintained within the specified range of
ambient temperature prior to, during, or following such shipment.
* * * * *
Inner enclosure means, in the case of reptiles and amphibians, any
box, bag, sack, plastic jar, or similar container which may contain
reptiles and amphibians within the primary enclosure.
Primary enclosure means any structure used to restrict a mammal,
bird, reptile or amphibian to a limited amount of space, such as a
cage, box, crate, room, pen, run, stall, pool, or hutch. Primary
enclosure does not mean a subdivision, section or compartmentalized
container within a cage, box, crate, room, pen, run, stall, pool, or
hutch.
* * * * *
Reptiles Group 1 means any of the following reptiles: Crocodilians
under 60 cm (24 in), Lizards under 30 cm (12 in), Snakes under 90 cm
(36 in), or other reptiles (unless otherwise specified).
Reptiles Group 2 means any of the following reptiles: Crocodilians
over 60 cm (24 in), Lizards over 30 cm (12 in), or Snakes over 90 cm
(36 in). Reptiles Group 3 (Order Testudinata) means any of the
following reptiles: Turtle species of carapace length equal to or
greater than 4.5 CM (1.75 in), Marine turtles, Terrapin species, or
Tortoise species.
Reptiles Group 3 (Order Testudinata) means any of the following
reptiles: Turtle species of carapace length equal to or greater than
4.5 CM(1.75in), Marine turtles, Terrapin species, or Tortoise species.
Reptiles Group 4 means any juvenile or hatchling turtles of less
than 4.5 cm (1.75 in) in carapace length.
Sanitize means to make physically clean and, as far as possible,
free of toxic or infectious agents injurious to the health of wild
mammals, birds, reptiles, or amphibians.
* * * * *
5. Section 14.103 is revised to read as follows:
Sec. 14.103 Prohibitions.
Unless the shipper fully satisfies the requirements of this subpart
J and meets all other legal requirements, it is unlawful for any person
to transport to the United States, cause to be transported to the
United States, or allow the transportation to the United States any
live wild mammal, bird, reptile, or amphibian. It shall be unlawful for
any person to import, to transport, or to cause or permit the
transportation to the United States any wild mammal, bird, reptile, or
amphibian under inhumane or unhealthful conditions or in violation of
this subpart J.
6. Section 14.104 is revised to read as follows:
Sec. 14.104 Translations.
Any certificate or document required by this subpart to accompany a
mammal, bird, reptile, or amphibian transported to the United States
and written in a foreign language must be accompanied by an accurate
English translation.
7. Section 14.105 is amended by revising the paragraphs (a),
(b)(1), (c), and (d) to read as follows:
Sec. 14.105 Consignment to carrier.
(a) No carrier shall accept any live wild mammal, bird, reptile, or
amphibian for transport to the United States that a veterinarian
certified as qualified by the national government of the initial
country from which the mammal, bird, reptile, or amphibian is being
exported has not examined within 10 days prior to commencement of
transport to the United States. If the national government of such
country does not certify veterinarians, then the veterinarian must
possess either certification or a license from 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,
bird, reptile, or amphibian; the certificate should include the
veterinarian's license number, certification number, or equivalent. The
carrier shall not accept a mammal in the last third of its pregnancy,
if this is detectable using professionally accepted standards, for
transport to the United States except for medical treatment and unless
the examining veterinarian certifies in writing that she or he has
examined the animal, evaluated the state of pregnancy, and, despite the
medical condition requiring treatment, determined that the animal is
able physically to withstand the normal rigors of transportation to the
United States.
* * * * *
(c) A sick or injured wild mammal, bird, reptile, or amphibian
shall be permitted transport to the United States
[[Page 31049]]
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
veterinary attendant qualified to care for and treat the sick or
injured animal shall accompany it at all times throughout the transport
process and have continuous access to it at all times. This individual
shall be in possession of or have ready access to all medications to be
administered during the transport. Furthermore, no carrier shall accept
any live animals that have visible external parasites, such as ticks,
mites, or leeches.
(d) No carrier shall accept any wild mammal, bird, reptile, or
amphibian for transport to the United States presented by the shipper
less than 1 hour 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.
8. Section 14.106 is amended by adding paragraph (b)(8); revising
the introductory text; and revising paragraphs (a), (b) introductory
text, (b)(1), (b)(2), (b)(4), (b)(5), (b)(6), (b)(7), (c), (d), (e),
(f), (g), and (h) to read as follows:
Sec. 14.106 Primary enclosures.
No carrier shall accept for transport to the United States any live
wild mammal, bird, reptile, or amphibian in a primary enclosure that
does not conform to the following requirements:
(a) The most current edition of the Container Requirements of the
Live Animals Regulations (LAR) published by the International Air
Transport Association (IATA) shall be complied with by all parties
transporting wild mammals, birds, reptiles, or amphibians to the United
States. The Director of the Federal Register approved incorporation of
LAR by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 51. The
public and all interested parties may obtain copies from IATA, 2000
Peel St., Montreal, Quebec, Canada H3A 2R4. The public and all
interested parties may inspect copies at the U.S. Fish and Wildlife
Service, 4401 N. Fairfax Dr., Arlington, VA 22203 or at the Office of
the Federal Register, 800 N. Capitol St., NW., Suite 700, Washington,
DC. In case of any conflict between IATA and the regulations in this
subpart, this subpart shall govern.
(b) The primary enclosure shall be constructed so that--
(1) The strength of the primary enclosure is sufficient to contain
the mammal, bird, reptile, or amphibian and to withstand the normal
effects of transport;
(2) The interior of the primary enclosure is smooth and free from
any protrusion, projection, or abrasive material that could be
injurious to the mammal, bird, reptile, or amphibian within;
* * * * *
(4) The primary enclosure may be closed and provide secure access
with an animal-proof device designed to prevent accidental opening and
release of the mammal, bird, reptile, or amphibian;
(5) The opening of the primary enclosure will be easily accessible
for either emergency removal or inspection of the mammal, bird,
reptile, or amphibian by authorized personnel while minimizing the risk
of escape of the mammal, bird, reptile, or amphibian;
(6) The primary enclosure will have sufficient openings to ensure
adequate air exchange at all times to meet the respiratory needs of the
bird, mammal, reptile, or amphibian, by providing adequate ventilation
on at least three sides, with the primary enclosures for aquatic
reptile and amphibian species being leakproof and oxygenated to prevent
desiccation, and with ventilation ensured by placing the majority of
the ventilation on the upper part of the primary enclosure, and by
securely attaching meshed openings to the primary container to prevent
possible occlusion of inner ventilation holes by the primary container
when needed.
(7) No dividers or any other material will be placed into the
primary enclosure that may preclude adequate ventilation or create a
multi-layered primary enclosure for the purpose of increasing animal
density within the primary enclosure; and
(8) Any construction materials used will not contain treatment of
any paint, preservative, or other chemical that is injurious or
otherwise harmful to the health or well-being of wild mammals, birds,
reptiles, and amphibians.
(c) Unless the shipper or carrier permanently affixes the primary
enclosure in the conveyance, or the enclosure has an open top for
certain large mammals, the shipper shall fit spacer bars allowing
circulation of air around the primary enclosure to the exterior of the
primary enclosure's top, sides, and base. Spacer bars on a primary
enclosure need extend no more than 15 centimeters (6 inches) from the
surface of the enclosure. Within this 6-inch limit, the spacers on a
primary 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 a primary 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. For reptiles and amphibians, the primary enclosure shall be
large enough to allow the animal to lie in a natural manner with enough
space so that stacking of animals within the same primary enclosure is
avoidable. The height of the primary enclosure shall permit an air flow
over the animal or its/their container but prevent stacking. The
primary enclosure shall have a clearance of 3 cm (1.2 in) above the
highest point of the animal and 1 cm (.4 in) for frog species of less
than or equal to 1 cm (.4 in) in size. The shipper shall increase this
clearance accordingly for the larger species.
(d) The shipper shall ensure the primary enclosure has adequate
handholds or other devices for lifting by hand or to facilitate lifting
and carrying by machine if the carrier has not permanently affixed it
within the conveyance. The shipper shall make such handholds or other
devices an integral part of the primary enclosure, shall enable them to
be lifted without excessive tipping, and shall design them so that the
person handling the primary enclosure will not come in contact with the
animals contained within.
(e) A primary enclosure shall have a solid, leak-proof bottom or
removable, leak-proof collection tray under a slatted or wire mesh
floor. The shipper shall design and construct a slatted or wire mesh
floor in a manner such that the spaces between the slats or the holes
in the mesh cannot trap the limbs of animals contained within the
primary enclosure. A primary 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. A primary enclosure used to transport marine mammals in water,
in a waterproof enclosure, a sling, or on foam is exempt from the
requirement to contain litter. A primary enclosure used to transport
birds shall not contain litter, unless the examining veterinarian has
specified in writing that litter is medically necessary. For those
amphibians and species of reptiles that require it, the primary
enclosures shall include dampened bedding to provide the
[[Page 31050]]
necessary moisture throughout the transportation period.
(f) If a shipper or carrier previously has used a primary enclosure
to transport or store wild mammals, birds, reptiles or amphibians, the
shipper or carrier shall clean and sanitize the primary enclosure in a
manner that will destroy pathogenic agents and pests injurious to the
health of wild mammals, birds, reptiles, and amphibians before the
primary enclosure can be re-used. No carrier or shipper shall co-mingle
live animal shipments with inanimate cargo during transit.
(g) For a primary enclosure that the shipper has not permanently
affixed in the conveyance, the shipper shall mark in English on the
outside of the top and one or more sides of the primary enclosure, in
letters not less than 2.5 cm (1 in) in height, ``Live Animals'' or
``Wild Animals,'' ``Do Not Tip,'' ``Only Authorized Personnel May Open
Container,'' and other appropriate or required instructions. The
shipper shall also conspicuously mark all primary enclosure sides on
the outside with arrows to indicate the correct upright position of the
primary enclosure. These arrows should extend up the sides of the
primary enclosure so that the point of the arrow is visible and clearly
indicates the top of the primary enclosure. The shipper shall also
correctly label on the outside of the primary enclosure the quantity
and scientific name of the species inside each of the inner enclosures.
(h) The shipper shall securely attach to each primary enclosure
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. Copies of
shipping documents accompanying the shipment shall also be securely
attached to the primary enclosure. The carrier's pouch or manifest
container or the shipper's attendant accompanying the wild mammal,
bird, reptile, or amphibian shall carry the original documents.
* * * * *
9. Section 14.107 is amended by revising paragraphs (a), (c) and
(e) to read as follows:
Sec. 14.107 Conveyance.
(a) The carrier shall design, construct, and maintain the animal
cargo space of a conveyance which it uses to transport wild mammals,
birds, reptiles, or amphibians to the United States in such a way that
ensures the humane and healthful transport of the animals.
* * * * *
(c) Neither the shipper nor the carrier shall place any wild
mammal, bird, reptile, or amphibian in a cargo space of a conveyance
that does not provide sufficient air for it to breathe normally.
Shippers and carriers shall position primary enclosures in a cargo
space in such a manner that each animal within a primary enclosure has
access to sufficient air for normal breathing.
* * * * *
(e) Neither the shipper nor the carrier shall transport a wild
mammal, bird, reptile, or amphibian in a cargo space that contains any
material, substance, or device that may result in inhumane conditions
or injury to the animal's health unless the shipper or carrier take all
reasonable precautions to prevent such conditions or injury.
10. Section 14.108 is amended by revising paragraphs (b), (c), (d),
(e), and (f), and adding paragraph (g) to read as follows:
Sec. 14.108 Food and water.
* * * * *
(b) No carrier shall provide any food or water to reptiles or
amphibians during the duration of the journey, unless specifically
directed to do so in writing by a veterinarian.
(c) 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.
(d) 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.
(e) During a stopover or while still in the custody of the carrier
after arrival in the United States, the shipper or carrier shall
observe the primary enclosure of the mammal, bird, reptile, or
amphibian in transit no less frequently than once every four hours and
shall provide food and water to mammals and birds according to the
instructions required by paragraph (a) of this section.
(f) Suitable and sufficient food shall be made available to mammals
and birds during transport and to reptiles or amphibians, if
specifically directed to do so in writing by a veterinarian.
(g) Additional requirements for feeding and watering particular
kinds of animals are found below in the specifications for the various
groups.
11. Section 14.109 is revised to read as follows:
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
temperature is within allowable limits (see Sec. 14.109(b)), that the
journey has not damaged either the primary enclosure, and that the
animals receive adequate ventilation, and that, when transport is by
air, the carrier maintains suitable air pressure to support live
animals within the cargo area (pressure equivalent to a maximum
altitude of 8000 feet). During these observations the carrier shall
also determine whether any birds or mamals are in obvious distress as
described in documents attached to the primary 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 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 this paragraph or in writing by
the examining veterinarian, neither the shipper nor the carrier shall
allow the ambient air temperature in a holding area, transporting
device, conveyance, or terminal facility containing mammals or birds to
fall below 12.8 degrees C (55 degrees F) nor to exceed 26.7 degrees C
(80 degrees F). Either the shipper or the carrier shall provide
auxiliary ventilation when the ambient air temperature is 23.9 degrees
C (75 degrees F) or higher. In the case of penguins and auks, neither
the shipper nor the carrier shall allow the ambient air temperature 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, neither the shipper nor the carrier shall allow the ambient air
temperature to exceed 10 degrees C (50 degrees F). In the case of
reptiles, neither the shipper nor the carrier shall allow the ambient
[[Page 31051]]
temperatures to fall below 21.1 degrees C (70 degrees F) nor to exceed
26.7 degrees C (80 degrees F). In the case of amphibians, neither the
shipper nor the carrier shall allow the ambient temperatures to fall
below 15.6 degrees C (60 degrees F), nor to exceed 21.1 degrees C (70
degrees F).
12. Section 14.110 is amended by revising paragraphs (a), (b)
introductory text, and (b)(2), to read as follows:
Sec. 14.110 Terminal facilities.
(a) Any terminal facility used for wild mammal, bird, reptile, or
amphibian transport in the country of export, stopover countries, or
the United States shall contain a separate animal holding area or
areas. No carrier or shipper shall co-mingle live animal shipments with
inanimate cargo in the designated animal holding area.
(b) A carrier or shipper holding any wild mammals, birds, reptiles,
or amphibians in a terminal facility shall provide the following:
* * * * *
(2) An effective program for the control of insects, ectoparasites,
and pests of mammals, birds, reptiles, or amphibians using the
following methods for the animals: the shipper or carrier shall apply
only non-residual pesticides which are non-toxic to the animals and
apply them only when the animals are not present in the room; the
shipper or carrier shall wash away the pesticide after the application
period elapses; and neither the shipper nor the carrier shall introduce
the animals again until after ventilating the room to be free from
fumes and vapor for 24 hours;
* * * * *
13. Section 14.111 is amended by revising paragraphs (a), (b), (d),
(e), (f) introductory text, (f)(1), (f)(4); and adding (f)(5) to read
as follows:
Sec. 14.111 Handling.
(a) Care shall be exercised to avoid handling the primary enclosure
in a manner likely to cause physical or behavioral trauma or stress to
the wild mammals, birds, reptiles, or amphibians.
(b) Neither the shipper nor the carrier shall drop, tip
excessively, or otherwise mishandle a primary enclosure used to move
any wild mammals, birds, reptiles, or amphibians, nor shall they stack
or place the primary enclosure in a manner that may result in its
falling or being tipped.
* * * * *
(d) The carrier shall accomplish the transport of wild mammals,
birds, reptiles, or amphibians to the United States in the most
expeditious manner, with the fewest stopovers possible, and without
unnecessary delays.
(e) The carrier shall load live wild mammals, birds, reptiles, or
amphibians last and unload them first from a conveyance consistent with
other procedures and requirements of the carrier.
(f) A carrier shall not allow wild mammals, birds, reptiles, or
amphibians 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 wild
mammals, birds, reptiles, or amphibians 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, artificial light, cold air, drafts, and/
or heat. When sunlight and/or artificial light is likely to cause
overheating or discomfort, sufficient shade and/or darkness shall be
provided to protect animals from the light or heat.
* * * * *
(4) Shelter from drafts, and/or air conditioners. The shipper and
the carrier shall provide animals protection from drafts.
(5) Protection from harassment. The shipper and the carrier shall
protect animals 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.
14. Section 14.112 is revised to read as follows:
Sec. 14.112 Other applicable provisions.
In addition to the provisions of Sec. 14.101 through 14.111, the
shipper and the carrier shall meet the requirements of Sec. 14.121
through 14.223 applicable for particular groups of animals for all
shipments of wild mammals, birds, reptiles, and amphibians covered by
this part.
15. Sections 14.181 through 14.223 are added to read as follows:
Specifications for Reptiles Group 1 (Small Squamata, Small Crocodylia,
and Rhynchocephalia)
Sec. 14.181 Design and construction.
(a) Materials. The shipper shall construct primary enclosures of
hardboard, plywood, plastic and/or wood and inner enclosures of burlap
or cloth bags, fine nylon or similar mesh, expanded polystyrene/
Styrofoam, fiberboard or, fine wire mesh. The Service considers neither
corrugated card board nor corrugated board to be suitable for these
species.
(b) Principles of design. The shipper shall meet the following
principles of design in constructing the primary enclosure in addition
to those outlined in Sec. 14.106.
(1) For a primary enclosure 50 x 50 cm (19.5 x 19.5 in), the
shipper shall pack young alligators, caimans, gavials, and crocodiles
(juveniles) in trays with bedding of damp macrolite or other similar
material. The shipper shall place no more than four trays in a primary
enclosure.
(2) The shipper may carry specimens of small Squamata, small
Crocodylia and Rhyncocephalia with a tail base width of 5 cm (2 in) or
greater without inner bags in the primary enclosures. The shipper may
pack these in trays, but each tray shall have no more than 10 animals.
(3) The shipper shall not use metal in the construction of the
primary enclosures.
(4) The shipper shall use strong plywood or expanded polystyrene/
Styrofoam boxes with adequate ventilation for construction of the
primary enclosures. The shipper shall make ventilation holes smaller
than the size of the animal in the primary enclosure. If the
ventilation holes in the primary enclosure are larger than the animal
enclosed, the shipper shall cover the holes with fine wire mesh
securely attached on the outside of the primary enclosure.
(5) Ventilation holes in the primary enclosure never shall exceed
2.5 cm (1 in) in diameter and the shipper always shall securely cover
them with very fine nylon gauze on the inside of the primary enclosure.
(6) If the shipper uses bags as the inner enclosure, the shipper
must construct the sealed bags of cotton or burlap bags of coarse but
sturdy weave which will allow ventilation and must secure them in the
primary enclosure. Each bag shall carry a label ``POISONOUS'' or ``Non-
poisonous'' as appropriate.
(7) The shipper may place damp absorbent material to maintain
humidity for journeys of longer than 72 hours but the shipper must
never allow such damp material to cool below the required animal
temperature.
(8) The shipper shall place snakes, and small lizards, including
geckos and chameleons, in linen or cotton or burlap bags of coarse but
sturdy weave, such that fresh air may enter the bag but the animal may
not push its way through the bag. In this case, except aquatic snakes,
the shipper need not line the primary enclosure with nylon mesh or
gauze. The shipper shall secure the bags to the primary enclosure
without the
[[Page 31052]]
use of nails or staples or other such devices that rip the bags upon
removal, or place them in small compartmentalized containers to prevent
stacking. The use of bags shall be limited to 5 specimens per 4 litre
volume bag.
(9) The shipper shall pack aquatic snakes in bags which the shipper
thoroughly has dampened for total transportation time of 72 or more
hours. Shippers shall meet the humidity requirements of animals by
using dampened packing materials such as cloth bags, foam rubber, or
damp paper.
(10) The shipper shall transport large snakes, whose length
approaches the maximum for this species grouping (90 cm or 36 in), in
individual durable primary enclosures, and the same principles of
design shall apply.
Sec. 14.182 Preparations before dispatch.
(a) The shipper may pack more than one animal per bag if the
shipper uses bags as the inner enclosure, except for chameleons or if
the species is aggressive. The shipper shall secure the bags by
partitions or compartmentalized containers to prevent stacking and
shifting. The bags must be packed so that they are not stacked nor
placed too close together to prevent the animals movement within the
bag. The shipper shall pack the bags in such a way as to permit air to
circulate around the bags within a primary enclosure.
(b) If the shipper uses a box or plastic container as the inner
enclosure, the shipper shall place suitable non-organic or sterilized
soft material within the inner enclosure to provide small reptiles with
a foothold.
(c) The shipper shall provide chameleons with a system of suitable
non-organic or sterilized perches and shall hydrate the chameleons with
warm fresh water at the time of packing.
(d) The shipper shall pack all small reptiles with plenty of
crumpled paper or foam rubber, but the shipper must take care not to
occlude ventilation.
(e) The shipper shall individually pack venomous reptiles in
transparent mesh bags closed by tieing the bag opening into a knot and
place those bags in styrofoam primary enclosures which the shipper
shall then place within a wooden primary enclosure. The shipper shall
clearly label both of the primary enclosures with ``VENOMOUS'' or
``POISONOUS,'' including the number of enclosed animals, their common
name, scientific name, and antivenin type required to treat bites by
the species, next to the ``LIVE ANIMAL'' and ``THIS WAY UP'' labels.
(f) When transporting venomous reptiles, the importer shall provide
a certificate of affiliation with a physician or medical snake bite
treatment center. Importers shall also have in their immediate
possession a primary dosage amount of antivenin of the appropriate type
for the species they are transporting.
Sec. 14.183 General care and loading.
(a) The shipper shall not mix or combine species with other species
in a single bag or compartment within the primary enclosure.
(b) Temperature. The shipper and the carrier shall maintain an
ambient temperature described in the general requirement in
Sec. 14.109.
(1) If there is the likelihood of extreme temperature variance
during shipment, the shipper shall insulate the primary enclosure with
a outer ventilated polystyrene box. If the temperature is likely to
drop, the shipper shall put warm packs in a sealed bag or bags around
the primary enclosures.
(2) The shipper, carrier, and importer shall take special care to
avoid exposure to extreme temperatures.
Specification for Reptiles Group 2 (Large Crocodylia and Large
Squamata)
Sec. 14.191 Design and construction.
(a) Materials. The shipper shall use wood in the construction of
the primary enclosure.
(b) Principles of design. The shipper must meet the following
principles of design in constructing the primary enclosure in addition
to those outlined in Sec. 14.106.
(1) The shipper may carry animals of these species with a tail base
width of 5 cm (2 in) or greater without inner bags in the primary
enclosures as described in Sec. 14.181. The shipper may pack these in
trays, but each tray shall have no more than 10 animals.
(2) The shipper may pack animals up to 77 cm (30 in) in length in
parallel as small groups in the primary enclosure.
(3) The shipper shall pack animals over 77 cm (30 in) in length
individually in separate primary enclosures.
(4) The shipper shall place reptiles over 77 cm (30 in) in length
separately in strong, heavily-framed and well-padded wooden crate
primary enclosures with dimensions that restrict movement of the
animal.
(5) The shipper shall place ventilation holes at the sides and on
the top of the container to provide adequate ventilation.
(6) The ends of the inside of the primary enclosure shall be smooth
to prevent injury to the animal's head.
(7) If polystyrene containers are used, the shipper shall place
them within a wooden ventilated primary enclosure.
Sec. 14.192 Preparations before dispatch.
(a) Where necessary, the shipper must place suitable sterile, non-
organic material in the primary enclosure.
(b) The shipper shall secure closed the mouths of these animals
with veterinarian's tape or heavy rubber bands, making certain not to
block the nostrils, and blindfold them with a soft material. Large
animals which need sedation shall receive a muscle relaxant under
strict supervision of a veterinarian. The shipper shall place larger
crocodilians (over 180 cm or 6 feet) in primary enclosures constructed
with laminated plywood of a minimum thickness of 1.25 to 2 cm (\1/2\ to
\3/4\ in) with smooth inside walls and joints, with exterior reinforced
frames of wood which the shipper shall screw together rather than nail.
The primary enclosure shall conform to the body size and the shipper
shall pad the primary enclosure to prevent injury or excessive
movement.
(c) When either the shipper or the carrier expect temperature
changes during shipment, the shipper or the carrier shall insulate the
primary enclosure with polystyrene or other suitable insulating
material to prevent temperature changes within the primary enclosure.
Sec. 14.193 General care and loading.
(a) The shipper shall not mix or combine species with other species
in a single bag or compartment within the primary enclosure.
(b) Temperature variance. If there is the likelihood of extreme
temperature variance during shipment, the shipper shall insulate the
primary enclosures with a polystyrene box.
(1) The shipper and the carrier shall maintain an ambient
temperature as described in the general requirements of Sec. 14.109.
(2) The shipper and the carrier shall take special care to avoid
exposure to extreme temperatures. If the shipper expects inappropriate
low temperatures, the shipper shall place chemical heat packs around
the primary enclosures.
(c) Sedation of animals. When shippers use immobilizing drugs for
large crocodilians (over 180 cm or 6 feet in length), they shall
include the drug type and appropriate antidote in the veterinary
documents accompanying the shipment. A qualified veterinary technician,
trained animal care attendant, or licensed veterinarian shall also
accompany the shipment.
[[Page 31053]]
Specification for Reptiles Group 3 (Testudines)
Sec. 14.201 Design and construction.
(a) Materials. The shipper shall only use high density water-
resistant fiberboard, water-resistant hardboard, plywood of a minimum 3
ply, and/or rigid plastics in the construction of the primary
enclosure. The shipper shall not construct primary enclosures out of
corrugated cardboard, corrugated board, or other materials likely to
become damaged during transit.
(b) Principles of design. The shipper shall meet the following
principles of design in constructing the primary enclosure in addition
to the requirements outlined in Sec. 14.106.
(1) The shipper shall use sturdy fiberboard, hardboard, plywood or
rigid plastic boxes with adequate ventilation openings on the sides and
top cover, or baskets with an impervious inner tray as the primary
enclosures. The shipper shall securely fasten fine wire mesh outside
the primary enclosures to screen the ventilation openings which shall
be of a minimum of 1 cm (0.5 in) in diameter.
(2) The primary enclosure shall be shallow so that animals are
unable to clamber on top of one another. The shipper may place padding
in the form of crumpled newspaper, foam rubber, or Styrofoam peanuts
around the animals to prevent shifting and injury from excessive
movement. When the animals are less than 10 cm (4 in) in carapace
length, the shipper shall permit no more than ten (10) individuals per
primary enclosure in order to prevent excessive stacking of the
animals.
(3) For the large animals of greater than 10 cm (4 in) in carapace
length, the shipper shall place no more than 5 individuals in the
primary enclosure.
(4) Certain species are aggressive, and the shipper shall
individually pack them (e.g., snapping turtles of the family
Chelydridae, mud and musk turtles of the family Kinosternidae, big-
headed turtles of the family Platysternidae, and all soft-shelled
turtles of the family Trionychidae).
Sec. 14.202 Preparations before dispatch.
(a) Where necessary, the shipper shall place non-organic or other
suitable material in the box.
(b) The shipper shall pack terrapins and aquatic turtles in damp,
not wet, soft, absorbent bedding of crumpled newspaper, foam rubber, or
other suitable sterilized and non-organic material to minimize injury.
Sec. 14.203 General care and loading.
(a) In cases of more than one animal per shipment, the shipper
shall not mix or combine species with other species in a single primary
enclosure.
(b) The shipper and the carrier shall take special care to avoid
exposure to extreme temperatures. Particularly during cold weather,
these animals lie dormant for prolonged periods and, therefore, neither
the shipper nor the carrier shall presume them to be dead.
(1) On no account shall either the shipper or the carrier induce
unnatural hibernation loading the consignments in thermally controlled
containers.
(2) In extreme temperatures, the shipper shall place the primary
enclosure inside a ventilated polystyrene container which permits air
to circulate around the primary enclosures.
Specification for Reptiles Group 4 (Juvenile or Hatchling Turtles)
Sec. 14.211 Design and construction
(a) Materials. The shipper shall use water-resistant fiberboard,
water-resistant hardboard, plywood, rigid plastics, and/or water-
resistant chip board in the construction of the primary enclosures.
(b) Principles of design. The shipper must meet the following
principles of design in constructing the primary enclosure in addition
to the requirements outlined in Sec. 14.106.
(1) The shipper shall use water-resistant fiberboard, water
resistant hardboard, plywood, or rigid plastic, or chip board boxes
with ventilation openings on the sides, top cover, and dividers (for
the compartmentalized containers) in the primary enclosures. The
shipper shall reinforce the design of the front and back. The shipper
shall affix spacer bars to the top of the primary enclosures to ensure
proper ventilation if carrier stacks several primary enclosures.
(2) The primary enclosure shall be shallow so that the animals are
unable to clamber on top of one another but must be large enough to
allow free movement. This primary enclosure shall not exceed 7.5 cm (3
in) in depth. The shipper shall not load more than 25 individuals in
each compartmentalized container within the primary enclosure. The
shipper shall not load more than 100 individuals per standard primary
enclosure with dimensions of 46 x 46 x 7.5 cm (18 x 18 x 3 in).
Sec. 14.212 Preparations before dispatch.
The shipper shall not band more than 4 primary enclosures together.
Sec. 14.213 General care and loading.
(a) In cases of more than one animal per shipment, the shipper
shall not mix or combine species with other species in a bag or
compartment within the primary enclosure. The shipper shall load only
animals of the same size in the same compartmentalized container or
primary enclosure.
(b) The shipper and the carrier shall take special care to avoid
exposure to extreme temperatures. Particularly during cold weather,
these animals lie dormant for prolonged periods and, therefore, neither
the shipper nor the carrier shall presume them to be dead.
(1) On no account shall either the shipper or the carrier induce
unnatural hibernation by loading the consignments in thermally
controlled containers.
(2) In extreme temperatures the shipper shall place the primary
enclosure inside a ventilated polystyrene container which permits
animals to receive enough air exchange to allow for normal respiration.
Specification for Amphibians (Urodela/Caudata, Anura/Salientia, and
Gymnophiona/Apoda)
Sec. 14.221 Design and construction.
(a) The shipper shall use expanded polystyrene, burlap, cloth, or
clear plastic bags, water resistant chipboard, rigid plastics, water-
resistant fiberboard, and/or water resistant wood in the construction
of the primary enclosures and inner enclosures.
(b) Principles of design. The shipper must meet the following
principles of design in constructing the primary enclosure in addition
to those outlined in Sec. 14.106.
(1) The shipper shall cover air holes with plastic mesh on the
inside of the primary enclosure. The shipper shall make the air holes
to provide adequate ventilation but shall punch them outwardly so that
the animal will not be able to get its snout through the primary
enclosure.
(2) The shipper may carry frogs, toads, and terrestrial salamanders
in a shallow primary enclosure designed to prevent stacking of the
animals, with the bottom lined with damp non-abrasive material.
(3) Large frogs that might jump at the lids of the primary
enclosure and injure themselves require special packing. For these
species, the shipper shall pad the inside of the covers of the primary
enclosures with cotton of fine weave muslin, bubble wrap, or foam
rubber unless the shipper has packed the animals in bags in the primary
enclosure.
(4) In the case of small animals, the shipper may place up to four
animals in the same compartmentalized container of the primary
enclosure, provided that the animals are not toxic or aggressive
[[Page 31054]]
to each other and will not be injured by stacking.
(5) The shipper may carry aquatic species of amphibians (such as
Necturus, Axolotls, Caecilians [Typhlonectes], Pipa and Xenopus) in a
primary enclosure of two double-bagged sealed plastic bags a third full
of water. The shipper shall fill the remainder with oxygen as specified
by International Air Transport Association Live Animals Regulations'
Container Requirements for transporting fish.
Sec. 14.222 Preparations before dispatch.
For those frogs, newts, salamanders, Caecilians, and toad species
which require moisture, the shipper shall pack the animals in primary
enclosures with sponges or balls of crushed blotting paper or foam
rubber chips which the shipper shall moisten with water. The shipper
may also use other dampened suitable material.
Sec. 14.223 General care and loading.
(a) The shipper shall not mix or combine species with other species
in a single bag or compartment within the primary enclosure.
(b) Temperature. The shipper and the carrier shall take special
care to avoid exposure to extreme temperatures, including the use of
insulated shipping boxes. Particularly during cold weather, these
animals lie dormant for prolonged periods and, therefore, neither the
shipper nor the carrier shall presume the animals to be dead.
Dated: May 24, 1997.
Donald J. Barry,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 97-14552 Filed 6-5-97; 8:45 am]
BILLING CODE 4310-55-P