50 Cfr 23.36

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Title 50: Wildlife and Fisheries
PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD
FAUNA AND FLORA (CITES)
Subpart C—Application Procedures, Criteria, and Conditions
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§ 23.36 What are the requirements for an export permit?
(a) Purposes . Articles III, IV, and V of the Treaty set out the conditions under which a Management
Authority may issue an export permit for an Appendix-I, -II, or -III specimen. Article XIV sets out the
conditions under which a Management Authority may issue a document for export of certain Appendix-II
marine specimens protected under a pre-existing treaty, convention, or international agreement.
(b) U.S. application forms . Complete the appropriate form for the proposed activity and submit it to the
U.S. Management Authority. Form 3–200–26 may also be submitted to FWS Law Enforcement at certain
ports or regional offices:

Type of application for an export permit
(1) CITES:
American Ginseng
Appendix-I Plants Artificially Propagated for Commercial Purposes
Biological Specimens
Captive-born Raptors
Captive-born Wildlife (except raptors)
Caviar/Meat of Paddlefish or Sturgeon, Removed from the Wild
Export of Skins/Products of Bobcat, Canada Lynx, River Otter, Brown
Bear, Gray Wolf, and American Alligator Taken under an Approved
State or Tribal Program
Personal Pets, One-time Export
Plants
Registration of a Native Species Production Facility
Single-use Permits under a Master File or an Annual Program File
Trophies by Taxidermists
Wildlife, Removed from the Wild

Form
no.
3–
200–
34
3–
200–
33
3–
200–
29
3–
200–
25
3–
200–
24
3–
200–
76
3–
200–
26

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3–
200–
46
3–
200–
32
3–
200–
75
3–
200–
74
3–
200–
28
3–
200–
27
(2) Endangered Species Act and CITES:
ESA Plants
ESA Wildlife

(3) Marine Mammal Protection Act and CITES:
Biological Samples
Live Captive-held Marine Mammals
Take from the Wild for Export

3–
200–
36
3–
200–
37
3–
200–
29
3–
200–
53
3–
200–
43

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

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

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Electronic Code of Federal Regulations:

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

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Yes Yes Yes 23.23

Yes Yes Yes 23.23

n/a n/a Yes 23.20
Yes n/a n/a –

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

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