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Title 50: Wildlife and Fisheries
PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS
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Subpart A—Introduction and General Provisions
§ 17.1 Purpose of regulations.
(a) The regulations in this part implement the Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C.
1531–1543, except for those provisions in the Act concerning the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, for which regulations are provided in part 23 of this
subchapter.
(b) The regulations identify those species of wildlife and plants determined by the Director to be
endangered or threatened with extinction under section 4(a) of the Act and also carry over the species
and subspecies of wildlife designated as endangered under the Endangered Species Conservation Act
of 1969 (83 Stat. 275, 16 U.S.C. 668cc–1 to 6) which are deemed endangered species under section 4
(c)(3) of the Act.
[40 FR 44415, Sept. 26, 1975, as amended at 42 FR 10465, Feb. 22, 1977]

§ 17.2 Scope of regulations.
(a) The regulations of this part apply only to endangered and threatened wildlife and plants.
(b) By agreement between the Service and the National Marine Fisheries Service, the jurisdiction of the
Department of Commerce has been specifically defined to include certain species, while jurisdiction is
shared in regard to certain other species. Such species are footnoted in subpart B of this part, and
reference is given to special rules of the National Marine Fisheries Service for those species.
(c) The provisions in this part are in addition to, and are not in lieu of, other regulations of this
subchapter B which may require a permit or prescribe additional restrictions or conditions for the
importation, exportation, and interstate transportation of wildlife.
(d) The examples used in this part are provided solely for the convenience of the public, and to explain
the intent and meaning of the regulation to which they refer. They have no legal significance.
(e) Certain of the wildlife and plants listed in §§17.11 and 17.12 as endangered or threatened are
included in Appendix I, II or III to the Convention on International Trade in Endangered Species of Wild
Fauna and Flora. The importation, exportation and reexportation of such species are subject to
additional regulations provided in part 23 of this subchapter.
[40 FR 44415, Sept. 26, 1975, as amended at 42 FR 10465, Feb. 22, 1977]

§ 17.3 Definitions.

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In addition to the definitions contained in part 10 of this subchapter, and unless the context otherwise
requires, in this part 17:
Act means the Endangered Species Act of 1973 (16 U.S.C. 1531–1543; 87 Stat. 884);
Adequately covered means, with respect to species listed pursuant to section 4 of the ESA, that a
proposed conservation plan has satisfied the permit issuance criteria under section 10(a)(2)(B) of the
ESA for the species covered by the plan, and, with respect to unlisted species, that a proposed
conservation plan has satisfied the permit issuance criteria under section 10(a)(2)(B) of the ESA that
would otherwise apply if the unlisted species covered by the plan were actually listed. For the Services
to cover a species under a conservation plan, it must be listed on the section 10(a)(1)(B) permit.
Alaskan Native means a person defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1603(b)
(85 Stat. 588)) as a citizen of the United States who is of one-fourth degree or more Alaska Indian
(including Tsimshian Indians enrolled or not enrolled in the Metlaktla Indian Community), Eskimo, or
Aleut blood, or combination thereof. The term includes any Native, as so defined, either or both of whose
adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum,
any citizen of the United States who is regarded as an Alaska Native by the Native village or town of
which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as
Native by any Native village or Native town. Any citizen enrolled by the Secretary pursuant to section 5
of the Alaska Native Claims Settlement Act shall be conclusively presumed to be an Alaskan Native for
purposes of this part;
Authentic native articles of handicrafts and clothing means items made by an Indian, Aleut, or Eskimo
that are composed wholly or in some significant respect of natural materials and are significantly altered
from their natural form and are produced, decorated, or fashioned in the exercise of traditional native
handicrafts without the use of pantographs, multiple carvers, or similar mass-copying devices. Improved
methods of production utilizing modern implements such as sewing machines or modern techniques at a
tannery registered pursuant to §18.23(c) of this subchapter (in the case of marine mammals) may be
used as long as no large-scale mass production industry results. Traditional native handicrafts include,
but are not limited to, weaving, carving, stitching, sewing, lacing, beading, drawing, and painting. The
formation of traditional native groups, such as cooperatives, is permitted as long as no large-scale mass
production results;
Bred in captivity or captive-bred refers to wildlife, including eggs, born or otherwise produced in captivity
from parents that mated or otherwise transferred gametes in captivity, if reproduction is sexual, or from
parents that were in captivity when development of the progeny began, if development is asexual.
Captivity means that living wildlife is held in a controlled environment that is intensively manipulated by
man for the purpose of producing wildlife of the selected species, and that has boundaries designed to
prevent animal, eggs or gametes of the selected species from entering or leaving the controlled
environment. General characteristics of captivity may include but are not limited to artificial housing,
waste removal, health care, protection from predators, and artificially supplied food.
Changed circumstances means changes in circumstances affecting a species or geographic area
covered by a conservation plan or agreement that can reasonably be anticipated by plan or agreement
developers and the Service and that can be planned for (e.g., the listing of new species, or a fire or other
natural catastrophic event in areas prone to such events).
Conservation plan means the plan required by section 10(a)(2)(A) of the ESA that an applicant must
submit when applying for an incidental take permit. Conservation plans also are known as “habitat
conservation plans” or “HCPs.”
Conserved habitat areas means areas explicitly designated for habitat restoration, acquisition,
protection, or other conservation purposes under a conservation plan.
Convention means the Convention on International Trade in Endangered Species of Wild Fauna and
Flora, TIAS 8249.
Enhance the propagation or survival, when used in reference to wildlife in captivity, includes but is not
limited to the following activities when it can be shown that such activities would not be detrimental to the
survival of wild or captive populations of the affected species:
(a) Provision of health care, management of populations by culling, contraception, euthanasia, grouping

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or handling of wildlife to control survivorship and reproduction, and similar normal practices of animal
husbandry needed to maintain captive populations that are self-sustaining and that possess as much
genetic vitality as possible;
(b) Accumulation and holding of living wildlife that is not immediately needed or suitable for propagative
or scientific purposes, and the transfer of such wildlife between persons in order to relieve crowding or
other problems hindering the propagation or survival of the captive population at the location from which
the wildlife would be removed; and
(c) Exhibition of living wildlife in a manner designed to educate the public about the ecological role and
conservation needs of the affected species.
Endangered means a species of wildlife listed in §17.11 or a species of plant listed in §17.12 and
designated as endangered.
Harass in the definition of “take” in the Act means an intentional or negligent act or omission which
creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt
normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. This
definition, when applied to captive wildlife, does not include generally accepted:
(1) Animal husbandry practices that meet or exceed the minimum standards for facilities and care under
the Animal Welfare Act,
(2) Breeding procedures, or
(3) Provisions of veterinary care for confining, tranquilizing, or anesthetizing, when such practices,
procedures, or provisions are not likely to result in injury to the wildlife.
Harm in the definition of “take” in the Act means an act which actually kills or injures wildlife. Such act
may include significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.
Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the
purpose of, the carrying out of an otherwise lawful activity.
Industry or trade in the definition of “commercial activity” in the Act means the actual or intended transfer
of wildlife or plants from one person to another person in the pursuit of gain or profit;
Native village or town means any community, association, tribe, clan or group;
Operating conservation program means those conservation management activities which are expressly
agreed upon and described in a conservation plan or its Implementing Agreement, if any, and which are
to be undertaken for the affected species when implementing an approved conservation plan, including
measures to respond to changed circumstances.
Population means a group of fish or wildlife in the same taxon below the subspecific level, in common
spatial arrangement that interbreed when mature;
Properly implemented conservation plan means any conservation plan, Implementing Agreement and
permit whose commitments and provisions have been or are being fully implemented by the permittee.
Property owner with respect to agreements outlined under §§17.22(c), 17.22(d), 17.32(c), and 17.32(d)
means a person with a fee simple, leasehold, or other property interest (including owners of water or
other natural resources), or any other entity that may have a property interest, sufficient to carry out the
proposed management activities, subject to applicable State law, on non-Federal land.
Specimen means any animal or plant, or any part, product, egg, seed or root of any animal or plant;
Subsistence means the use of endangered or threatened wildlife for food, clothing, shelter, heating,
transportation and other uses necessary to maintain the life of the taker of the wildlife, or those who
depend upon the taker to provide them with such subsistence, and includes selling any edible portions
of such wildlife in native villages and towns in Alaska for native consumption within native villages and

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towns;
Threatened means a species of wildlife listed in §17.11 or plant listed in §17.12 and designated as
threatened.
Unforeseen circumstances means changes in circumstances affecting a species or geographic area
covered by a conservation plan or agreement that could not reasonably have been anticipated by plan
or agreement developers and the Service at the time of the conservation plan's or agreement's
negotiation and development, and that result in a substantial and adverse change in the status of the
covered species.
Wasteful manner means any taking or method of taking which is likely to result in the killing or injury of
endangered or threatened wildlife beyond those needed for subsistence purposes, or which results in
the waste of a substantial portion of the wildlife, and includes without limitation the employment of a
method of taking which is not likely to assure the capture or killing of the wildlife, or which is not
immediately followed by a reasonable effort to retrieve the wildlife.
[40 FR 44415, Sept. 26, 1975, as amended at 42 FR 28056, June 1, 1977; 44 FR 54006, Sept. 17,
1979; 46 FR 54750, Nov. 4, 1981; 47 FR 31387, July 20, 1982; 50 FR 39687, Sept. 30, 1985; 63 FR
8870, Feb. 23, 1998; 63 FR 48639, Sept. 11, 1998; 69 FR 24092, May 3, 2004; 71 FR 46870, Aug. 15,
2006]

§ 17.4 Pre-Act wildlife.
(a) The prohibitions defined in subparts C and D of this part 17 shall not apply to any activity involving
endangered or threatened wildlife which was held in captivity or in a controlled environment on
December 28, 1973: Provided,
(1) That the purposes of such holding were not contrary to the purposes of the Act; and
(2) That the wildlife was not held in the course of a commercial activity.

Example 1. On January 25, 1974, a tourist buys a stuffed hawksbill turtle (an endangered
species listed since June, 1970), in a foreign country. On December 28, 1973, the stuffed
turtle had been on display for sale. The tourist imports the stuffed turtle into the United States
on January 26, 1974. This is a violation of the Act since the stuffed turtle was held for
commercial purposes on December 28, 1973.
Example 2. On December 27, 1973 (or earlier), a tourist buys a leopard skin coat (the
leopard has been listed as endangered since March 1972) for his wife in a foreign country. On
January 5, he imports it into the United States. He has not committed a violation since on
December 28, 1973, he was the owner of the coat, for personal purposes, and the chain of
commerce had ended with the sale on the 27th. Even if he did not finish paying for the coat
for another year, as long as he had possession of it, and he was not going to resell it, but was
using it for personal purposes, the Act does not apply to that coat.
Example 3. On or before December 28, 1973, a hunter kills a leopard legally in Africa. He
has the leopard mounted and imports it into the United States in March 1974. The importation
is not subject to the Act. The hunter has not engaged in a commercial activity, even though he
bought the services of a guide, outfitters, and a taxidermist to help him take, preserve, and
import the leopard. This applies even if the trophy was in the possession of the taxidermist on
December 28, 1973.
Example 4. On January 15, 1974, a hunter kills a leopard legally in Africa. He has the
leopard mounted and imports it into the United States in June 1974. This importation is a
violation of the Act since the leopard was not in captivity or a controlled environment on
December 28, 1973.
(b) Service officers or Customs officers may refuse to clear endangered or threatened wildlife for
importation into or exportation from the United States, pursuant to §14.53 of this subchapter, until the
importer or exporter can demonstrate that the exemption referred to in this section applies. Exempt

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status may be established by any sufficient evidence, including an affidavit containing the following:
(1) The affiant's name and address;
(2) Identification of the affiant;
(3) Identification of the endangered or threatened wildlife which is the subject of the affidavit;
(4) A statement by the affiant that to the best of his knowledge and belief, the endangered or threatened
wildlife which is the subject of the affidavit was in captivity or in a controlled environment on December
28, 1973, and was not being held for purposes contrary to the Act or in the course of a commercial
activity;
(5) A statement by the affiant in the following language:

The foregoing is principally based on the attached exhibits which, to the best of my knowledge
and belief, are complete, true and correct. I understand that this affidavit is being submitted
for the purpose of inducing the Federal Government to recognize an exempt status regarding
( insert description of wildlife ), under the Endangered Species Act of 1973 (16 U.S.C. 1531–
1543), and regulations promulgated thereunder, and that any false statements may subject
me to the criminal penalties of 18 U.S.C. 1001.
(6) As an attachment, records or other available evidence to show:
(i) That the wildlife in question was being held in captivity or in a controlled environment on December
28, 1973;
(ii) The purpose for which the wildlife was being held; and
(iii) The nature of such holding (to establish that no commercial activity was involved).
(c) This section applies only to wildlife born on or prior to December 28, 1973. It does not apply to the
progeny of any such wildlife born after December 28, 1973.

§ 17.5 Alaska natives.
(a) The provisions of subpart C of this part relating to the importation or the taking of endangered
wildlife, and any provision of subpart D of this part relating to the importation or the taking of threatened
wildlife, shall not apply to:
(1) Any Indian, Aleut, or Eskimo who is an Alaskan native and who resides in Alaska; or
(2) Any non-native permanent resident of an Alaskan native village who is primarily dependent upon the
taking of wildlife for consumption or for the creation and sale of authentic native articles of handicrafts
and clothing:
If the taking is primarily for subsistence purposes, and is not accomplished in a wasteful manner.
(b) Edible portions of endangered or threatened wildlife taken or imported pursuant to paragraph (a) of
this section may be sold in native villages or towns in Alaska for native consumption within native
villages and towns in Alaska.
(c) Non-edible by-products of endangered or threatened wildlife taken or imported pursuant to paragraph
(a) of this section may be sold in interstate commerce when made into authentic native articles of
handicrafts and clothing.

§ 17.6 State cooperative agreements. [Reserved]
§ 17.7 Raptor exemption.

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(a) The prohibitions found in §§17.21 and 17.31 do not apply to any raptor [a live migratory bird of the
Order Falconiformes or the Order Strigiformes, other than a bald eagle ( Haliaeetus leucocephalus ) or a
golden eagle ( Aquila chrysaetos )] legally held in captivity or in a controlled environment on November
10, 1978, or to any of its progeny, which is:
(1) Possessed and banded in compliance with the terms of a valid permit issued under part 21 of this
chapter; and
(2) Identified in the earliest applicable annual report required to be filed by a permittee under part 21 of
this chapter as in a permittee's possession on November 10, 1978, or as the progeny of such a raptor.
(b) This section does not apply to any raptor intentionally returned to the wild.
[48 FR 31607, July 8, 1983]

§ 17.8 Import exemption for threatened, CITES Appendix-II wildlife.
(a) Except as provided in a special rule in §§17.40 through 17.48 or in paragraph (b) of this section, all
provisions of §§17.31 and 17.32 apply to any specimen of a threatened species of wildlife that is listed in
Appendix II of the Convention.
(b) Import . Except as provided in a special rule in §§17.40 through 17.48, any live or dead specimen of
a fish and wildlife species listed as threatened under this part may be imported without a threatened
species permit under §17.32 provided all of the following conditions are met:
(1) The specimen was not acquired in foreign commerce or imported in the course of a commercial
activity;
(2) The species is listed in Appendix II of the Convention.
(3) The specimen is imported and subsequently used in accordance with the requirements of part 23 of
this subchapter, except as provided in paragraph (b)(4) of this section.
(4) Personal and household effects (see §23.5) must be accompanied by a CITES document.
(5) At the time of import, the importer must provide to the FWS documentation that shows the specimen
was not acquired in foreign commerce in the course of a commercial activity.
(6) All applicable requirements of part 14 of this subchapter are satisfied.
[72 FR 48446, Aug. 23, 2007]

§ 17.9 Permit applications and information collection requirements.
(a) Address permit applications for activities affecting species listed under the Endangered Species Act,
as amended, as follows:
(1) Address activities affecting endangered and threatened species that are native to the United States
to the Regional Director for the Region in which the activity is to take place. You can find addresses for
the Regional Directors in 50 CFR 2.2. Send applications for interstate commerce in native endangered
and threatened species to the Regional Director with lead responsibility for the species. To determine
the appropriate region, call the nearest Regional Office:

Region 1 (Portland, OR): 503–231–6241
Region 2 (Albuquerque, NM): 505–248–6920
Region 3 (Twin Cities, MN): 612–713–5343
Region 4 (Atlanta, GA): 404–679–7313

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Region 5 (Hadley, MA): 413–253–8628
Region 6 (Denver, CO): 303–236–8155, ext 263
Region 7 (Anchorage, AK): 907–786–3620
Headquarters (Washington, DC): 703–358–2106
(2) Submit permit applications for activities affecting native endangered and threatened species in
international movement or commerce, and all activities affecting nonnative endangered and threatened
species to the Director, U.S. Fish and Wildlife Service, (Attention Office of Management Authority), 4401
N. Fairfax Drive, Room 700, Arlington, VA 22203.
(b) The Office of Management and Budget approved the information collection requirements contained
in this part 17 under 44 U.S.C. 3507 and assigned OMB Control Numbers 1018–0093 and 1018–0094.
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 vary from 2 to 21/2hours 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 (1018–0093/0094),
Washington, DC 20603.
[63 FR 52635, Oct. 1, 1998. Redesignated at 72 FR 48446, Aug. 23, 2007]
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Title 50: Wildlife and Fisheries
PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS
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Subpart C—Endangered Wildlife
§ 17.21 Prohibitions.
(a) Except as provided in subpart A of this part, or under permits issued pursuant to §17.22 or §17.23, it
is unlawful for any person subject to the jurisdiction of the United States to commit, to 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 endangered wildlife.
(b) Import or export. It is unlawful to import or to export any endangered wildlife. Any shipment in transit
through the United States is an importation and an exportation, whether or not it has entered the country
for customs purposes.
(c) Take. (1) It is unlawful to take endangered wildlife within the United States, within the territorial sea of
the United States, or upon the high seas. The high seas shall be all waters seaward of the territorial sea
of the United States, except waters officially recognized by the United States as the territorial sea of
another country, under international law.
(2) Notwithstanding paragraph (c)(1) of this section, any person may take endangered wildlife in defense
of his own life or the lives of others.
(3) Notwithstanding paragraph (c)(1) of this section, any employee or agent of the Service, any other
Federal land management agency, the National Marine Fisheries Service, or a State conservation
agency, who is designated by his agency for such purposes, may, when acting in the course of his
official duties, take endangered wildlife without a permit if such action is necessary to:
(i) Aid a sick, injured or orphaned specimen; or
(ii) Dispose of a dead specimen; or
(iii) Salvage a dead specimen which may be useful for scientific study; or
(iv) Remove specimens which constitute a demonstrable but nonimmediate threat to human safety,
provided that the taking is done in a humane manner; the taking may involve killing or injuring only if it
has not been reasonably possible to eliminate such threat by live-capturing and releasing the specimen
unharmed, in a remote area.
(4) Any taking under paragraphs (c)(2) and (3) of this section must be reported in writing to the U.S. Fish
and Wildlife Service, Office of Law Enforcement, 4401 North Fairfax Drive, LE–3000, Arlington, VA
22203, within five days. The specimen may only be retained, disposed of, or salvaged under directions
from the Office of Law Enforcement.
(5) Notwithstanding paragraph (c)(1) of this section, any qualified employee or agent of a State

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Conservation Agency which is a party to a Cooperative Agreement with the Service in accordance with
section 6(c) of the Act, who is designated by his agency for such purposes, may, when acting in the
course of his official duties take those endangered species which are covered by an approved
cooperative agreement for conservation programs in accordance with the Cooperative Agreement,
provided that such taking is not reasonably anticipated to result in:
(i) The death or permanent disabling of the specimen;
(ii) The removal of the specimen from the State where the taking occurred;
(iii) The introduction of the specimen so taken, or of any progeny derived from such a specimen, into an
area beyond the historical range of the species; or
(iv) The holding of the specimen in captivity for a period of more than 45 consecutive days.
(6) Notwithstanding paragraph (c)(1) of this section, any person acting under a valid migratory bird
rehabilitation permit issued pursuant to §21.31 of this subchapter may take endangered migratory birds
without an endangered species permit if such action is necessary to aid a sick, injured, or orphaned
endangered migratory bird, provided the permittee:
(i) Notifies the issuing Migratory Bird Permit Office immediately upon receipt of such bird (contact
information for your issuing office is listed on your permit and on the Internet at http://offices.fws.gov );
and
(ii) Disposes of or transfers such birds, or their parts or feathers, as directed by the Migratory Bird Permit
Office.
(7) Notwithstanding paragraph (c)(1) of this section, persons exempt from the permit requirements of
§21.12(c) and (d) of this subchapter may take sick and injured endangered migratory birds without an
endangered species permit in performing the activities authorized under §21.12(c) and (d).
(d) Possession and other acts with unlawfully taken wildlife. (1) It is unlawful to possess, sell, deliver,
carry, transport, or ship, by any means whatsoever, any endangered wildlife which was taken in violation
of paragraph (c) of this section.

Example. A person captures a whooping crane in Texas and gives it to a second person,
who puts it in a closed van and drives thirty miles, to another location in Texas. The second
person then gives the whooping crane to a third person, who is apprehended with the bird in
his possession. All three have violated the law—the first by illegally taking the whooping
crane; the second by transporting an illegally taken whooping crane; and the third by
possessing an illegally taken whooping crane.
(2) Notwithstanding paragraph (d)(1) of this section, Federal and State law enforcement officers may
possess, deliver, carry, transport or ship any endangered wildlife taken in violation of the Act as
necessary in performing their official duties.
(3) Notwithstanding paragraph (d)(1) of this section, any person acting under a valid migratory bird
rehabilitation permit issued pursuant to §21.31 of this subchapter may possess and transport
endangered migratory birds without an endangered species permit when such action is necessary to aid
a sick, injured, or orphaned endangered migratory bird, provided the permittee:
(i) Notifies the issuing Migratory Bird Permit Office immediately upon receipt of such bird (contact
information for your issuing office is listed on your permit and on the Internet at http://offices.fws.gov );
and
(ii) Disposes of or transfers such birds, or their parts or feathers, as directed by the Migratory Bird Permit
Office.
(4) Notwithstanding paragraph (d)(1) of this section, persons exempt from the permit requirements of
§21.12(c) and (d) of this subchapter may possess and transport sick and injured endangered migratory
bird species without an endangered species permit in performing the activities authorized under §21.12
(c) and (d).

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(e) Interstate or foreign commerce. It is unlawful to deliver, receive, carry transport, or ship in interstate
or foreign commerce, by any means whatsoever, and in the course of a commercial activity, any
endangered wildlife.
(f) Sale or offer for sale. (1) It is unlawful to sell or to offer for sale in interstate or foreign commerce any
endangered wildlife.
(2) An advertisement for the sale of endangered wildlife which carries a warning to the effect that no sale
may be consummated until a permit has been obtained from the U.S. Fish and Wildlife Service shall not
be considered an offer for sale within the meaning of this section.
(g) Captive-bred wildlife. (1) Notwithstanding paragraphs (b), (c), (e) and (f) of this section, any person
may take; export or re-import; deliver, receive, carry, transport or ship in interstate or foreign commerce,
in the course of a commercial activity; or sell or offer for sale in interstate or foreign commerce any
endangered wildlife that is bred in captivity in the United States provided either that the wildlife is of a
taxon listed in paragraph (g)(6) of this section, or that the following conditions are met:
(i) The wildlife is of a species having a natural geographic distribution not including any part of the United
States, or the wildlife is of a species that the Director has determined to be eligible in accordance with
paragraph (g)(5) of this section;
(ii) The purpose of such activity is to enhance the propagation or survival of the affected species;
(iii) Such activity does not involve interstate or foreign commerce, in the course of a commercial activity,
with respect to non-living wildlife;
(iv) Each specimen of wildlife to be re-imported is uniquely identified by a band, tattoo or other means
that was reported in writing to an official of the Service at a port of export prior to export from the United
States; and
(v) Any person subject to the jurisdiction of the United States who engages in any of the activities
authorized by this paragraph does so in accordance with paragraphs (g) (2), (3) and (4) of this section,
and with all other applicable regulations in this Subchapter B.
(2) Any person subject to the jurisdiction of the United States seeking to engage in any of the activities
authorized by this paragraph must first register with the Service (Office of Management Authority, U.S.
Fish and Wildlife Service, 4401 N. Fairfax Drive, Arlington, Virginia 22203). Requests for registration
must be submitted on an official application form (Form 3–200-41) provided by the Service, and must
include the following information:
(i) The types of wildlife sought to be covered by the registration, identified by common and scientific
name to the taxonomic level of family, genus or species;
(ii) A description of the applicant's experience in maintaining and propagating the types of wildlife sought
to be covered by the registration, and when appropriate, in conducting research directly related to
maintaining and propagating such wildlife;
(iii) Photograph(s) or other evidence clearly depicting the facilities where such wildlife will be maintained;
and
(iv) a copy of the applicant's license or registration, if any, under the animal welfare regulations of the
U.S. Department of Agriculture (9 CFR part 2).
(3) Upon receiving a complete application, the Director will decide whether or not the registration will be
approved. In making this decision, the Director will consider, in addition to the general criteria in §13.21
(b) of this subchapter, whether the expertise, facilities or other resources available to the applicant
appear adequate to enhance the propagation or survival of the affected wildlife. Public education
activities may not be the sole basis to justify issuance of a registration or to otherwise establish eligibility
for the exception granted in paragraph (g)(1) of this section. Each person so registered must maintain
accurate written records of activities conducted under the registration, and allow reasonable access to
Service agents for inspection purposes as set forth in §§13.46 and 13.47. Each person registered must
submit to the Director an individual written annual report of activities, including all births, deaths and
transfers of any type.

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(4) Any person subject to the jurisdiction of the United States seeking to export or conduct foreign
commerce in captive-bred endangered wildlife that will not remain under the care of that person must
first obtain approval by providing written evidence to satisfy the Director that the proposed recipient of
the wildlife has expertise, facilities or other resources adequate to enhance the propagation or survival of
such wildlife and that the proposed recipient will use such wildlife for purposes of enhancing the
propagation or survival of the affected species.
(5)(i) The Director will use the following criteria to determine if wildlife of any species having a natural
geographic distribution that includes any part of the United States is eligible for the provisions of this
paragraph:
(A) Whether there is a low demand for taking of the species from wild populations, either because of the
success of captive breeding or because of other reasons, and
(B) Whether the wild populations of the species are effectively protected from unauthorized taking as a
result of the inaccessibility of their habitat to humans or as a result of the effectiveness of law
enforcement.
(ii) The Director will follow the procedures set forth in the Act and in the regulations thereunder with
respect to petitions and notification of the public and governors of affected States when determining the
eligibility of species for purposes of this paragraph.
(iii) In accordance with the criteria in paragraph (g)(5)(i) of this section, the Director has determined the
following species to be eligible for the provisions of this paragraph:

Laysan duck ( Anas laysanensis ).
(6) Any person subject to the jurisdiction of the United States seeking to engage in any of the activities
authorized by paragraph (g)(1) of this section may do so without first registering with the Service with
respect to the bar-tailed pheasant ( Syrmaticus humiae ), Elliot's pheasant ( S. ellioti ), Mikado pheasant
( S. mikado ), brown eared pheasant ( Crossoptilon mantchuricum ), white eared pheasant ( C.
crossoptilon ), cheer pheasant ( Catreus wallichii ), Edward's pheasant ( Lophura edwardsi ), Swinhoe's
pheasant ( L. swinhoii ), Chinese monal ( Lophophorus lhuysii ), and Palawan peacock pheasant
( Polyplectron emphanum ); parakeets of the species Neophema pulchella and N. splendida; the Laysan
duck ( Anas laysanensis ); the white-winged wood duck ( Cairina scutulata ); and the inter-subspecific
crossed or “generic” tiger ( Panthera tigris ) ( i e ., specimens not identified or identifiable as members of
the Bengal, Sumatran, Siberian or Indochinese subspecies ( Panthera tigris tigris, P.t. sumatrae, P.t.
altaica and P.t. corbetti, respectively) provided:
(i) The purpose of such activity is to enhance the propagation or survival of the affected exempted
species;
(ii) Such activity does not involve interstate or foreign commerce, in the course of a commercial activity,
with respect to non-living wildlife;
(iii) Each specimen to be re-imported is uniquely identified by a band, tattoo or other means that was
reported in writing to an official of the Service at a port of export prior to export of the specimen from the
United States;
(iv) No specimens of the taxa in this paragraph (g)(6) of this section that were taken from the wild may
be imported for breeding purposes absent a definitive showing that the need for new bloodlines can only
be met by wild specimens, that suitable foreign-bred, captive individuals are unavailable, and that wild
populations can sustain limited taking, and an import permit is issued under §17.22;
(v) Any permanent exports of such specimens meet the requirements of paragraph (g)(4) of this section;
and
(vi) Each person claiming the benefit of the exception in paragraph (g)(1) of this section must maintain
accurate written records of activities, including births, deaths and transfers of specimens, and make
those records accessible to Service agents for inspection at reasonable hours as set forth in §§13.46
and 13.47.
(h) U.S. captive-bred scimitar-horned oryx, addax, and dama gazelle . Notwithstanding paragraphs (b),

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(c), (e), and (f) of this section, any person subject to the jurisdiction of the United States may take; export
or re-import; deliver, receive, carry, transport or ship in interstate or foreign commerce, in the course of a
commercial activity; or sell or offer for sale in interstate or foreign commerce live wildlife, including
embryos and gametes, and sport-hunted trophies of scimitar-horned oryx ( Oryx dammah ), addax
( Addax nasomaculatus ), and dama gazelle ( Gazella dama ) provided:
(1) The purpose of such activity is associated with the management or transfer of live wildlife, including
embryos and gametes, or sport hunting in a manner that contributes to increasing or sustaining captive
numbers or to potential reintroduction to range countries;
(2) The specimen was captive-bred, in accordance with §17.3, within the United States;
(3) All live specimens of that species held by the captive-breeding operation are managed in a manner
that prevents hybridization of the species or subspecies.
(4) All live specimens of that species held by the captive-breeding operation are managed in a manner
that maintains genetic diversity.
(5) Any export of or foreign commerce in a specimen meets the requirements of paragraph (g)(4) of this
section, as well as parts 13, 14, and 23 of this chapter;
(6) Each specimen to be re-imported is uniquely identified by a tattoo or other means that is reported on
the documentation required under paragraph (h)(5) of this section; and
(7) Each person claiming the benefit of the exception of this paragraph (h) must maintain accurate
written records of activities, including births, deaths, and transfers of specimens, and make those
records accessible to Service officials for inspection at reasonable hours set forth in §§13.46 and 13.47
of this chapter.
(8) The sport-hunted trophy consists of raw or tanned parts, such as bones, hair, head, hide, hooves,
horns, meat, skull, rug, taxidermied head, shoulder, or full body mount, of a specimen that was taken by
the hunter during a sport hunt for personal use. It does not include articles made from a trophy, such as
worked, manufactured, or handicraft items for use as clothing, curios, ornamentation, jewelry, or other
utilitarian items for commercial purposes.
[40 FR 44415, Sept. 26, 1975, as amended at 40 FR 53400, Nov. 18, 1975; 41 FR 19226, May 11,
1976; 44 FR 31580, May 31, 1979; 44 FR 54007, Sept. 17, 1979; 58 FR 68325, Dec. 27, 1993; 63 FR
48640, Sept. 11, 1998; 68 FR 2919, Jan. 22, 2003; 68 FR 61136, Oct. 27, 2003; 70 FR 52318, Sept. 2,
2005]

§ 17.22 Permits for scientific purposes, enhancement of propagation or survival, or
for incidental taking.
Upon receipt of a complete application, the Director may issue a permit authorizing any activity
otherwise prohibited by §17.21, in accordance with the issuance criteria of this section, for scientific
purposes, for enhancing the propagation or survival, or for the incidental taking of endangered wildlife.
Such permits may authorize a single transaction, a series of transactions, or a number of activities over
a specific period of time. (See §17.32 for permits for threatened species.) The Director shall publish
notice in theFederal Registerof each application for a permit that is made under this section. Each notice
shall invite the submission from interested parties, within 30 days after the date of the notice, of written
data, views, or arguments with respect to the application. The 30-day period may be waived by the
Director in an emergency situation where the life or health of an endangered animal is threatened and
no reasonable alternative is available to the applicant. Notice of any such waiver shall be published in
theFederal Registerwithin 10 days following issuance of the permit.
(a)(1) Application requirements for permits for scientific purposes or for the enhancement of propagation
or survival. A person wishing to get a permit for an activity prohibited by §17.21 submits an application
for activities under this paragraph. The Service provides Form 3–200 for the application to which all of
the following must be attained:
(i) The common and scientific names of the species sought to the covered by the permit, as well as the
number, age, and sex of such species, and the activity sought to be authorized (such as taking,
exporting, selling in interstate commerce);

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(ii) A statement as to whether, at the time of application, the wildlife sought to be covered by the permit
(A) is still in the wild, (B) has already been removed from the wild, or (C) was born in captivity;
(iii) A resume of the applicant's attempts to obtain the wildlife sought to be covered by the permit in a
manner which would not cause the death or removal from the wild of such wildlife;
(iv) If the wildlife sought to be covered by the permit has already been removed from the wild, the
country and place where such removal occurred; if the wildlife sought to be covered by the permit was
born in captivity, the country and place where such wildlife was born;
(v) A complete description and address of the institution or other facility where the wildlife sought to be
covered by the permit will be used, displayed, or maintained;
(vi) If the applicant seeks to have live wildlife covered by the permit, a complete description, including
photographs or diagrams, of the facilities to house and/or care for the wildlife and a resume of the
experience of those person who will be caring for the wildlife;
(vii) A full statement of the reasons why the applicant is justified in obtaining a permit including the
details of the activities sought to be authorized by the permit;
(viii) If the application is for the purpose of enhancement of propagation, a statement of the applicant's
willingness to participate in a cooperative breeding program and to maintain or contribute data to a
studbook;
(2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a)(1) 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 §13.21(b) of this subchapter, the following
factors:
(i) Whether the purpose for which the permit is required is adequate to justify removing from the wild or
otherwise changing the status of the wildlife sought to be covered by the permit;
(ii) The probable direct and indirect effect which issuing the permit would have on the wild populations of
the wildlife sought to be covered by the permit;
(iii) Whether the permit, if issued, would in any way, directly or indirectly, conflict with any known
program intended to enhance the survival probabilities of the population from which the wildlife sought to
be covered by the permit was or would be removed;
(iv) Whether the purpose for which the permit is required would be likely to reduce the threat of
extinction facing the species of wildlife sought to be covered by the permit;
(v) The opinions or views of scientists or other persons or organizations having expertise concerning the
wildlife or other matters germane to the application; and
(vi) Whether the expertise, facilities, or other resources available to the applicant appear adequate to
successfully accomplish the objectives stated in the application.
(3) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every
permit issued under this paragraph shall be subject to the special condition that the escape of living
wildlife covered by the permit shall be immediately reported to the Service office designated in the
permit.
(4) Duration of permits. The duration of permits issued under this paragraph shall be designated on the
face of the permit.
(b)(1) Application requirements for permits for incidental taking. A person wishing to get a permit for an
activity prohibited by §17.21(c) submits an application for activities under this paragraph. The Service
provides Form 3–200 for the application to which all of the following must be attached:
(i) A complete description of the activity sought to be authorized;

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(ii) The common and scientific names of the species sought to be covered by the permit, as well as the
number, age, and sex of such species, if known;
(iii) A conservation plan that specifies:
(A) The impact that will likely result from such taking;
(B) What steps the applicant will take to monitor, minimize, and mitigate such impacts, the funding that
will be available to implement such steps, and the procedures to be used to deal with unforeseen
circumstances;
(C) What alternative actions to such taking the applicant considered and the reasons why such
alternatives are not proposed to be utilized; and
(D) Such other measures that the Director may require as being necessary or appropriate for purposes
of the plan;
(2) Issuance criteria. (i) Upon receiving an application completed in accordance with paragraph (b)(1) of
this section, the Director will decide whether or not a permit should be issued. The Director shall
consider the general issuance criteria in §13.21(b) of this subchapter, except for §13.21(b)(4), and shall
issue the permit if he or she finds that:
(A) The taking will be incidental;
(B) The applicant will, to the maximum extent practicable, minimize and mitigate the impacts of such
takings;
(C) The applicant will ensure that adequate funding for the conservation plan and procedures to deal
with unforeseen circumstances will be provided;
(D) The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the
wild;
(E) The measures, if any, required under paragraph (b)(1)(iii)(D) of this section will be met; and
(F) He or she has received such other assurances as he or she may require that the plan will be
implemented.
(ii) In making his or her decision, the Director shall also consider the anticipated duration and geographic
scope of the applicant's planned activities, including the amount of listed species habitat that is involved
and the degree to which listed species and their habitats are affected.
(3) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every
permit issued under this paragraph shall contain such terms and conditions as the Director deems
necessary or appropriate to carry out the purposes of the permit and the conservation plan including, but
not limited to, monitoring and reporting requirements deemed necessary for determining whether such
terms and conditions are being complied with. The Director shall rely upon existing reporting
requirements to the maximum extent practicable.
(4) Duration of permits. The duration of permits issued under this paragraph shall be sufficient to provide
adequate assurances to the permittee to commit funding necessary for the activities authorized by the
permit, including conservation activities and land use restrictions. In determining the duration of a permit,
the Director shall consider the duration of the planned activities, as well as the possible positive and
negative effects associated with permits of the proposed duration on listed species, including the extent
to which the conservation plan will enhance the habitat of listed species and increase the long-term
survivability of such species.
(5) Assurances provided to permittee in case of changed or unforeseen circumstances. The assurances
in this paragraph (b)(5) apply only to incidental take permits issued in accordance with paragraph (b)(2)
of this section where the conservation plan is being properly implemented, and apply only with respect to
species adequately covered by the conservation plan. These assurances cannot be provided to Federal
agencies. This rule does not apply to incidental take permits issued prior to March 25, 1998. The
assurances provided in incidental take permits issued prior to March 25, 1998 remain in effect, and

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those permits will not be revised as a result of this rulemaking.
(i) Changed circumstances provided for in the plan. If additional conservation and mitigation measures
are deemed necessary to respond to changed circumstances and were provided for in the plan's
operating conservation program, the permittee will implement the measures specified in the plan.
(ii) Changed circumstances not provided for in the plan. If additional conservation and mitigation
measures are deemed necessary to respond to changed circumstances and such measures were not
provided for in the plan's operating conservation program, the Director will not require any conservation
and mitigation measures in addition to those provided for in the plan without the consent of the
permittee, provided the plan is being properly implemented.
(iii) Unforeseen circumstances. (A) In negotiating unforeseen circumstances, the Director will not require
the commitment of additional land, water, or financial compensation or additional restrictions on the use
of land, water, or other natural resources beyond the level otherwise agreed upon for the species
covered by the conservation plan without the consent of the permittee.
(B) If additional conservation and mitigation measures are deemed necessary to respond to unforeseen
circumstances, the Director may require additional measures of the permittee where the conservation
plan is being properly implemented, but only if such measures are limited to modifications within
conserved habitat areas, if any, or to the conservation plan's operating conservation program for the
affected species, and maintain the original terms of the conservation plan to the maximum extent
possible. Additional conservation and mitigation measures will not involve the commitment of additional
land, water or financial compensation or additional restrictions on the use of land, water, or other natural
resources otherwise available for development or use under the original terms of the conservation plan
without the consent of the permittee.
(C) The Director will have the burden of demonstrating that unforeseen circumstances exist, using the
best scientific and commercial data available. These findings must be clearly documented and based
upon reliable technical information regarding the status and habitat requirements of the affected species.
The Director will consider, but not be limited to, the following factors:
( 1 ) Size of the current range of the affected species;
( 2 ) Percentage of range adversely affected by the conservation plan;
( 3 ) Percentage of range conserved by the conservation plan;
( 4 ) Ecological significance of that portion of the range affected by the conservation plan;
( 5 ) Level of knowledge about the affected species and the degree of specificity of the species'
conservation program under the conservation plan; and
( 6 ) Whether failure to adopt additional conservation measures would appreciably reduce the likelihood
of survival and recovery of the affected species in the wild.
(6) Nothing in this rule will be construed to limit or constrain the Director, any Federal, State, local, or
Tribal government agency, or a private entity, from taking additional actions at its own expense to
protect or conserve a species included in a conservation plan.
(7) Discontinuance of permit activity. Notwithstanding the provisions of §13.26 of this subchapter, a
permittee under this paragraph (b) remains responsible for any outstanding minimization and mitigation
measures required under the terms of the permit for take that occurs prior to surrender of the permit and
such minimization and mitigation measures as may be required pursuant to the termination provisions of
an implementing agreement, habitat conservation plan, or permit even after surrendering the permit to
the Service pursuant to §13.26 of this subchapter. The permit shall be deemed canceled only upon a
determination by the Service that such minimization and mitigation measures have been implemented.
Upon surrender of the permit, no further take shall be authorized under the terms of the surrendered
permit.
(8) Criteria for revocation. A permit issued under paragraph (b) of this section may not be revoked for
any reason except those set forth in §13.28(a)(1) through (4) of this subchapter or unless continuation of
the permitted activity would be inconsistent with the criterion set forth in 16 U.S.C. 1539(a)(2)(B)(iv) and

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the inconsistency has not been remedied.
(c)(1) Application requirements for permits for the enhancement of survival through Safe Harbor
Agreements. The applicant must submit an application for a permit under this paragraph (c) to the
appropriate Regional Director, U.S. Fish and Wildlife Service, for the Region where the applicant resides
or where the proposed activity is to occur (for appropriate addresses, see 50 CFR 10.22), if the applicant
wishes to engage in any activity prohibited by §17.21. The applicant must submit an official Service
application form (3–200.54) that includes the following information:
(i) The common and scientific names of the listed species for which the applicant requests incidental
take authorization;
(ii) A description of how incidental take of the listed species pursuant to the Safe Harbor Agreement is
likely to occur, both as a result of management activities and as a result of the return to baseline; and
(iii) A Safe Harbor Agreement that complies with the requirements of the Safe Harbor policy available
from the Service.
(2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (c)(1) of
this section, the Director will decide whether or not to issue a permit. The Director shall consider the
general issuance criteria in §13.21(b) of this subchapter, except for §13.21(b)(4), and may issue the
permit if he or she finds:
(i) The take will be incidental to an otherwise lawful activity and will be in accordance with the terms of
the Safe Harbor Agreement;
(ii) The implementation of the terms of the Safe Harbor Agreement is reasonably expected to provide a
net conservation benefit to the affected listed species by contributing to the recovery of listed species
included in the permit, and the Safe Harbor Agreement otherwise complies with the Safe Harbor policy
available from the Service;
(iii) The probable direct and indirect effects of any authorized take will not appreciably reduce the
likelihood of survival and recovery in the wild of any listed species;
(iv) Implementation of the terms of the Safe Harbor Agreement is consistent with applicable Federal,
State, and Tribal laws and regulations;
(v) Implementation of the terms of the Safe Harbor Agreement will not be in conflict with any ongoing
conservation or recovery programs for listed species covered by the permit; and
(vi) The applicant has shown capability for and commitment to implementing all of the terms of the Safe
Harbor Agreement.
(3) Permit conditions. In addition to any applicable general permit conditions set forth in part 13 of this
subchapter, every permit issued under this paragraph (c) is subject to the following special conditions:
(i) A requirement for the participating property owner to notify the Service of any transfer of lands subject
to a Safe Harbor Agreement;
(ii) When appropriate, a requirement for the permittee to give the Service reasonable advance notice
(generally at least 30 days) of when he or she expects to incidentally take any listed species covered
under the permit. Such notification will provide the Service with an opportunity to relocate affected
individuals of the species, if possible and appropriate; and
(iii) Any additional requirements or conditions the Director deems necessary or appropriate to carry out
the purposes of the permit and the Safe Harbor Agreement.
(4) Permit effective date. Permits issued under this paragraph (c) become effective the day of issuance
for species covered by the Safe Harbor Agreement.
(5) Assurances provided to permittee. (i) The assurances in paragraph (c)(5) (ii) of this section (c)(5)
apply only to Safe Harbor permits issued in accordance with paragraph (c)(2) of this section where the

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Safe Harbor Agreement is being properly implemented, and apply only with respect to species covered
by the Agreement and permit. These assurances cannot be provided to Federal agencies. The
assurances provided in this section apply only to Safe Harbor permits issued after July 19, 1999.
(ii) The Director and the permittee may agree to revise or modify the management measures set forth in
a Safe Harbor Agreement if the Director determines that such revisions or modifications do not change
the Director's prior determination that the Safe Harbor Agreement is reasonably expected to provide a
net conservation benefit to the listed species. However, the Director may not require additional or
different management activities to be undertaken by a permittee without the consent of the permittee.
(6) Additional actions. Nothing in this rule will be construed to limit or constrain the Director, any Federal,
State, local or Tribal government agency, or a private entity, from taking additional actions at its own
expense to protect or conserve a species included in a Safe Harbor Agreement.
(7) Criteria for revocation. The Director may not revoke a permit issued under paragraph (c) of this
section except as provided in this paragraph. The Director may revoke a permit for any reason set forth
in §13.28(a)(1) through (4) of this subchapter. The Director may revoke a permit if continuation of the
permitted activity would either appreciably reduce the likelihood of survival and recovery in the wild of
any listed species or directly or indirectly alter designated critical habitat such that it appreciably
diminishes the value of that critical habitat for both the survival and recovery of a listed species. Before
revoking a permit for either of the latter two reasons, the Director, with the consent of the permittee, will
pursue all appropriate options to avoid permit revocation. These options may include, but are not limited
to: extending or modifying the existing permit, capturing and relocating the species, compensating the
landowner to forgo the activity, purchasing an easement or fee simple interest in the property, or
arranging for a third-party acquisition of an interest in the property.
(8) Duration of permits. The duration of permits issued under this paragraph (c) must be sufficient to
provide a net conservation benefit to species covered in the enhancement of survival permit. In
determining the duration of a permit, the Director will consider the duration of the planned activities, as
well as the positive and negative effects associated with permits of the proposed duration on covered
species, including the extent to which the conservation activities included in the Safe Harbor Agreement
will enhance the survival and contribute to the recovery of listed species included in the permit.
(d)(1) Application requirements for permits for the enhancement of survival through Candidate
Conservation Agreements with Assurances. The applicant must submit an application for a permit under
this paragraph (d) to the appropriate Regional Director, U.S. Fish and Wildlife Service, for the Region
where the applicant resides or where the proposed activity is to occur (for appropriate addresses, see 50
CFR 10.22). When a species covered by a Candidate Conservation Agreement with Assurances is listed
as endangered and the applicant wishes to engage in activities identified in the Agreement and
otherwise prohibited by §17.31, the applicant must apply for an enhancement of survival permit for
species covered by the Agreement. The permit will become valid if and when covered proposed,
candidate or other unlisted species is listed as an endangered species. The applicant must submit an
official Service application form (3–200.54) that includes the following information:
(i) The common and scientific names of the species for which the applicant requests incidental take
authorization;
(ii) A description of the land use or water management activity for which the applicant requests incidental
take authorization; and
(iii) A Candidate Conservation Agreement that complies with the requirements of the Candidate
Conservation Agreement with Assurances policy available from the Service.
(2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (d)(1) of
this section, the Director will decide whether or not to issue a permit. The Director shall consider the
general issuance criteria in §13.21(b) of this subchapter, except for §13.21(b)(4), and may issue the
permit if he or she finds:
(i) The take will be incidental to an otherwise lawful activity and will be in accordance with the terms of
the Candidate Conservation Agreement;
(ii) The Candidate Conservation Agreement complies with the requirements of the Candidate
Conservation Agreement with Assurances policy available from the Service;

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(iii) The probable direct and indirect effects of any authorized take will not appreciably reduce the
likelihood of survival and recovery in the wild of any species;
(iv) Implementation of the terms of the Candidate Conservation Agreement is consistent with applicable
Federal, State, and Tribal laws and regulations;
(v) Implementation of the terms of the Candidate Conservation Agreement will not be in conflict with any
ongoing conservation programs for species covered by the permit; and
(vi) The applicant has shown capability for and commitment to implementing all of the terms of the
Candidate Conservation Agreement.
(3) Permit conditions. In addition to any applicable general permit conditions set forth in part 13 of this
subchapter, every permit issued under this paragraph (d) is subject to the following special conditions:
(i) A requirement for the property owner to notify the Service of any transfer of lands subject to a
Candidate Conservation Agreement;
(ii) When appropriate, a requirement for the permittee to give the Service reasonable advance notice
(generally at least 30 days) of when he or she expects to incidentally take any listed species covered
under the permit. Such notification will provide the Service with an opportunity to relocate affected
individuals of the species, if possible and appropriate; and
(iii) Any additional requirements or conditions the Director deems necessary or appropriate to carry out
the purposes of the permit and the Candidate Conservation Agreement.
(4) Permit effective date. Permits issued under this paragraph (d) become effective for a species
covered by a Candidate Conservation Agreement on the effective date of a final rule that lists a covered
species as endangered.
(5) Assurances provided to permittee in case of changed or unforeseen circumstances. The assurances
in this paragraph (d)(5) apply only to permits issued in accordance with paragraph (d)(2) where the
Candidate Conservation with Assurances Agreement is being properly implemented, and apply only with
respect to species adequately covered by the Candidate Conservation with Assurances Agreement.
These assurances cannot be provided to Federal agencies.
(i) Changed circumstances provided for in the Agreement. If the Director determines that additional
conservation measures are necessary to respond to changed circumstances and these measures were
set forth in the Agreement, the permittee will implement the measures specified in the Agreement.
(ii) Changed circumstances not provided for in the Agreement. If the Director determines that additional
conservation measures not provided for in the Agreement are necessary to respond to changed
circumstances, the Director will not require any conservation measures in addition to those provided for
in the Agreement without the consent of the permittee, provided the Agreement is being properly
implemented.
(iii) Unforeseen circumstances. (A) In negotiating unforeseen circumstances, the Director will not require
the commitment of additional land, water, or financial compensation or additional restrictions on the use
of land, water, or other natural resources beyond the level otherwise agreed upon for the species
covered by the Agreement without the consent of the permittee.
(B) If the Director determines additional conservation measures are necessary to respond to unforeseen
circumstances, the Director may require additional measures of the permittee where the Agreement is
being properly implemented, but only if such measures maintain the original terms of the Agreement to
the maximum extent possible. Additional conservation measures will not involve the commitment of
additional land, water, or financial compensation or additional restrictions on the use of land, water, or
other natural resources otherwise available for development or use under the original terms of the
Agreement without the consent of the permittee.
(C) The Director will have the burden of demonstrating that unforeseen circumstances exist, using the
best scientific and commercial data available. These findings must be clearly documented and based
upon reliable technical information regarding the status and habitat requirements of the affected species.
The Director will consider, but not be limited to, the following factors:

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( 1 ) Size of the current range of the affected species;
( 2 ) Percentage of range adversely affected by the Agreement;
( 3 ) Percentage of range conserved by the Agreement;
( 4 ) Ecological significance of that portion of the range affected by the Agreement;
( 5 ) Level of knowledge about the affected species and the degree of specificity of the species'
conservation program under the Agreement; and
( 6 ) Whether failure to adopt additional conservation measures would appreciably reduce the likelihood
of survival and recovery of the affected species in the wild.
(6) Additional actions. Nothing in this rule will be construed to limit or constrain the Director, any Federal,
State, local or Tribal government agency, or a private entity, from taking additional actions at its own
expense to protect or conserve a species included in a Candidate Conservation with Assurances
Agreement.
(7) Criteria for revocation. The Director may not revoke a permit issued under paragraph (d) of this
section except as provided in this paragraph. The Director may revoke a permit for any reason set forth
in §13.28(a)(1) through (4) of this subchapter. The Director may revoke a permit if continuation of the
permitted activity would either appreciably reduce the likelihood of survival and recovery in the wild of
any listed species or directly or indirectly alter designated critical habitat such that it appreciably
diminishes the value of that critical habitat for both the survival and recovery of a listed species. Before
revoking a permit for either of the latter two reasons, the Director, with the consent of the permittee, will
pursue all appropriate options to avoid permit revocation. These options may include, but are not limited
to: extending or modifying the existing permit, capturing and relocating the species, compensating the
landowner to forgo the activity, purchasing an easement or fee simple interest in the property, or
arranging for a third-party acquisition of an interest in the property.
(8) Duration of the Candidate Conservation Agreement. The duration of a Candidate Conservation
Agreement covered by a permit issued under this paragraph (d) must be sufficient to enable the Director
to determine that the benefits of the conservation measures in the Agreement, when combined with
those benefits that would be achieved if it is assumed that the conservation measures would also be
implemented on other necessary properties, would preclude or remove any need to list the species
covered by the Agreement.
(e) Objection to permit issuance. (1) In regard to any notice of a permit application published in
theFederal Register,any interested party that objects to the issuance of a permit, in whole or in part,
may, during the comment period specified in the notice, request notification of the final action to be taken
on the application. A separate written request shall be made for each permit application. Such a request
shall specify the Service's permit application number and state the reasons why that party believes the
applicant does not meet the issuance criteria contained in §§13.21 and 17.22 of this subchapter or other
reasons why the permit should not be issued.
(2) If the Service decides to issue a permit contrary to objections received pursuant to paragraph (c)(1)
of this section, then the Service shall, at least ten days prior to issuance of the permit, make reasonable
efforts to contact by telephone or other expedient means, any party who has made a request pursuant to
paragraph (c)(1) of this section and inform that party of the issuance of the permit. However, the Service
may reduce the time period or dispense with such notice if it determines that time is of the essence and
that delay in issuance of the permit would: (i) Harm the specimen or population involved; or (ii) unduly
hinder the actions authorized under the permit.
(3) The Service will notify any party filing an objection and request for notice under paragraph (c)(1) of
this section of the final action taken on the application, in writing. If the Service has reduced or
dispensed with the notice period referred to in paragraph (c)(2) of this section, it will include its reasons
therefore in such written notice.
[50 FR 39687, Sept. 30, 1985, as amended at 63 FR 8871, Feb. 23, 1998; 63 FR 52635, Oct. 1, 1998;
64 FR 32711, June 17, 1999; 64 FR 52676, Sept. 30, 1999; 69 FR 24092, May 3, 2004; 69 FR 29670,
May 25, 2004; 69 FR 71731, Dec. 10, 2004]

§ 17.23 Economic hardship permits.

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Upon receipt of a complete application, the Director may issue a permit authorizing any activity
otherwise prohibited by §17.21, in accordance with the issuance criteria of this section in order to
prevent undue economic hardship. The Director shall publish notice in theFederal Registerof each
application for a permit that is made under this section. Each notice shall invite the submission from
interested parties, within 30 days after the date of the notice, of written data, views, or arguments with
respect to the application. The 30-day period may be waived by the Director in an emergency situation
where the life or health of an endangered animal is threatened and no reasonable alternative is available
to the applicant. Notice of any such waiver shall be published in theFederal Registerwithin 10 days
following issuance of the permit.
(a) Application requirements. Applications for permits under this section must be submitted to the
Director by the person allegedly suffering undue economic hardship because his desired activity is
prohibited by §17.21. Each application must be submitted on an official application form (Form 3–200)
provided by the Service, and must include, as an attachment, all of the information required in §17.22
plus the following additional information:
(1) The possible legal, economic or subsistence alternatives to the activity sought to be authorized by
the permit;
(2) A full statement, accompanied by copies of all relevant contracts and correspondence, showing the
appli- cant's involvement with the wildlife sought to be covered by the permit (as well as his involvement
with similar wildlife), including, where applicable, that portion of applicant's income derived from the
taking of such wildlife, or the subsistence use of such wildlife, during the calendar year immediately
preceding either the notice in theFederal Registerof review of the status of the species or of the proposal
to list such wildlife as endangered, whichever is earliest;
(3) Where applicable, proof of a contract or other binding legal obligation which:
(i) Deals specifically with the wildlife sought to be covered by the permit;
(ii) Became binding prior to the date when the notice of a review of the status of the species or the notice
of proposed rulemaking proposing to list such wildlife as endangered was published in theFederal
Register,whichever is earlier; and
(iii) Will cause monetary loss of a given dollar amount if the permit sought under this section is not
granted.
(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 under any of the three
categories of economic hardship, as defined in section 10(b)(2) of the Act. In making his decisions, the
Director shall consider, in addition to the general criteria in §13.21(b) of this subchapter, the following
factors:
(1) Whether the purpose for which the permit is being requested is adequate to justify removing from the
wild or otherwise changing the status of the wildlife sought to be covered by the permit;
(2) The probable direct and indirect effect which issuing the permit would have on the wild populations of
the wildlife sought to be covered by the permit;
(3) The economic, legal, subsistence, or other alternatives or relief available to the applicant;
(4) The amount of evidence that the applicant was in fact party to a contract or other binding legal
obligation which;
(i) Deals specifically with the wildlife sought to be covered by the permit; and
(ii) Became binding prior to the date when the notice of a review of the status of the species or the notice
of proposed rulemaking proposing to list such wildlife as endangered was published in theFederal
Register,whichever is earlier.
(5) The severity of economic hardship which the contract or other binding legal obligation referred to in
paragraph (b)(4) of this section would cause if the permit were denied;

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(6) Where applicable, the portion of the applicant's income which would be lost if the permit were denied,
and the relationship of that portion to the balance of his income;
(7) Where applicable, the nature and extent of subsistence taking generally by the applicant; and
(8) The likelihood that applicant can reasonably carry out his desired activity within one year from the
date a notice is published in theFederal Registerto review status of such wildlife, or to list such wildlife as
endangered, whichever is earlier.
(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 the following special conditions:
(1) In addition to any reporting requirements contained in the permit itself, the permittee shall also submit
to the Director a written report of his activities pursuant to the permit. Such report must be postmarked or
actually delivered no later than 10 days after completion of the activity.
(2) The death or escape of all living wildlife covered by the permit shall be immediately reported to the
Service's office designated in the permit.
(d) Duration of permits issued under this section shall be designated on the face of the permit. No permit
issued under this section, however, shall be valid for more than one year from the date a notice is
published in theFederal Registerto review status of such wildlife, or to list such wildlife as endangered,
whichever is earlier.
[40 FR 44415, Sept. 26, 1975, as amended at 40 FR 53400, Nov. 18, 1975; 40 FR 58307, Dec. 16,
1975; 50 FR 39688, Sept. 30, 1985]
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e-CFR Data is current as of October 1, 2010
Title 50: Wildlife and Fisheries
PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS
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Subpart F—Endangered Plants
§ 17.61 Prohibitions.
(a) Except as provided in a permit issued pursuant to §17.62 or §17.63, it is unlawful for any person
subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to
commit, or to cause to be committed, any of the acts described in paragraphs (b) through (e) of this
section in regard to any Endangered plant.
(b) Import or export. It is unlawful to import or to export any Endangered plant. Any shipment in transit
through the United States is an importation and an exportation, whether or not it has entered the country
for customs purposes.
(c) Remove and reduce to possession. (1) It is unlawful to remove and reduce to possession any
endangered plant from an area under Federal jurisdiction.
(2) Notwithstanding paragraph (c)(1) of this section, any employee or agent of the Service, any other
Federal land management agency, or a State conservation agency, who is designated by that agency
for such purposes, may, when acting in the course of official duties, remove and reduce to possession
endangered plants from areas under Federal jurisdiction without a permit if such action is necessary to:
(i) Care for a damaged or diseased specimen;
(ii) Dispose of a dead specimen; or
(iii) Salvage a dead specimen which may be useful for scientific study.
(3) Any removal and reduction to possession pursuant to paragraph (c)(2) of this section must be
reported in writing to the U.S. Fish and Wildlife Service, Division of Law Enforcement, P.O. Box 28006,
Washington, DC 20005, within 5 days. The specimen may only be retained, disposed of, or salvaged in
accordance with written directions from the Service.
(4) Notwithstanding paragraph (c)(1) of this section, any qualified employee or agent of a State
conservation agency which is a party to a Cooperative Agreement with the Service in accordance with
section 6(c) of the Act, who is designated by that agency for such purposes, may, when acting in the
course of official duties, remove and reduce to possession from areas under Federal jurisdiction those
endangered plants which are covered by an approved cooperative agreement for conservation programs
in accordance with the Cooperative Agreement, provided that such removal is not reasonably
anticipated to result in:
(i) The death or permanent damage of the specimens;
(ii) The removal of the specimen from the State where the removal occurred; or

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(iii) The introduction of the specimen so removed, or of any propagules derived from such a specimen,
into an area beyond the historical range of the species.
(d) Interstate or foreign commerce. It is unlawful to deliver, receive, carry, transport, or ship in interstate
or foreign commerce, by any means whatsoever, and in the course of a commercial activity, an
endangered plant.
(e) Sale or offer for sale. (1) It is unlawful to sell or to offer for sale in interstate or foreign commerce any
endangered plant.
(2) An advertisement for the sale of any endangered plant which carries a warning to the effect that no
sale may be consummated until a permit has been obtained from the Service, shall not be considered an
offer for sale within the meaning of this paragraph.
[44 FR 54060, Sept. 18, 1979, as amended at 50 FR 39690, Sept. 30, 1985]

§ 17.62 Permits for scientific purposes or for the enhancement of propagation or
survival.
Upon receipt of a complete application the Director may issue a permit authorizing any activity otherwise
prohibited by §17.61, in accordance with the issuance criteria of this section, for scientific purposes or
for enhancing the propagation or survival of endangered plants. (See §17.72 for permits for threatened
plants.) Such a permit may authorize a single transaction, a series of transactions, or a number of
activities over a specified period of time.
(a) Application requirements. A person wishing to get a permit for an activity prohibited by §17.61
submits an application to conduct activities under this paragraph. For interstate commerce activities the
seller gets the permit for plants coming from cultivated stock and the buyer gets the permit if the plants
are taken from the wild. The Service provides application Form 3–200, or you may submit the general
information and certification required by §13.12(a) of this subchapter. Application requirements differ for
permits issued for plants taken from the wild (excluding seeds), seeds and cultivated plants, or
herbarium specimens. You must attach the following information and any other information requested by
the Director.
(1) For activities involving plants obtained from the wild (excluding seeds), provide the following
information:
(i) The scientific names of the plants sought to be covered by the permit;
(ii) The estimated number of specimens sought to be covered by the permit;
(iii) The year, country, and approximate place where taking occurred or will occur;
(iv) If the activities would involve removal and reduction to possession of a plant from an area under
Federal jurisdiction, the year, State, county, or any other description such as place name, township, and
range designation that will precisely place the location where the proposed removal and reduction to
possession will occur, the name of the Federal entity having jurisdiction over the area, and the name,
title, address, and phone number of the person in charge of the area.
(v) The name and address of the institution or other facility where the plant sought to be covered by the
permit will be used or maintained;
(vi) A brief description of the applicant's expertise and facilities as related to the proposed activity;
(vii) A statement of the applicant's willingness to participate in a cooperative propagation program, and
to maintain or contribute data relating to such efforts; and
(viii) A statement of the reasons why the applicant is justified in obtaining the permit, including:
(A) The activities sought to be authorized by the permit and the relationship of such activities to scientific
purposes or enhancing the propagation or survival of the species; and

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(B) The planned disposition of such plant upon termination of the activities sought to be authorized.
(2) For activities involving seeds and cultivated plants, provide the following information:
(i) The scientific names of the plants sought to be covered by the permit;
(ii) A statement of the applicant's willingness to participate in a cooperative propagation program, and to
maintain or contribute data relating to the success of such efforts;
(iii) A justification of the activities sought to be authorized by the permit and the relationship of such
activities to scientific purposes or enhancing the propagation or survival of the species; and
(iv) If the activities would involve seeds obtained from the wild, additional information to evaluate the
effects of such taking upon the reproductive potential of the species where the taking will occur.
(v) If the activities would involve removal and reduction to possession of seeds from an area under
Federal jurisdiction, the year, State, county or any other description such as place name, township, and
range designation that will precisely place the location where the proposed removal and reduction to
possession will occur, the name of the Federal entity having jurisdiction over the area and the name,
title, address, and phone number of the person in charge of the area.
(3) For importation or exportation involving the non-commercial loan, exchange, or donation of
herbarium or other preserved, dried, or embedded museum specimens of any endangered species
between scientists or scientific institutions, provide the following information:
(i) The name and address of the institution or other facility where the plants sought to be covered by the
permit will be used or maintained; and
(ii) A justification of the activities sought to be authorized by the permit and the relationship of such
activities to scientific purposes or enhancing the propagation or survival of the species.
(4) When the activity applied for involves a species also regulated by the Convention on International
Trade in Endangered Species of Wild Fauna and Flora, additional requirements of §23.15(c) of this
subchapter must be met. For your convenience, §23.15(c) is repeated here.

Application requirements for permits or certificates to import, export or re-export wildlife or
plants listed in appendix I, II or III that are not subject to the regulations in part 17 or part 18 of
this subchapter. Any person subject to the jurisdiction of the United States who wishes to get
such a permit or certificate submits an application under this section to the Director, U.S. Fish
and Wildlife Service, (Attention: Office of Management Authority), 4401 N. Fairfax Drive,
Room 700, Arlington, VA 22203. The Service provides Form 3–200 for the application to
which as much of the following information relating to the purpose of the permit or certificate
must be attached.
(1) The scientific and common names of the species (or taxa to the rank listed in Appendix I,
II, or III) sought to be covered by the permit. the number of wildlife or plants, and the activity
sought to be authorized (such as importing, exporting, re-exporting, etc.);
(2) A statement as to whether the wildlife or plant, at the time of application, (i) is living in the
wild, (ii) is living, but not in the wild, or (iii) is dead;
(3) A description of the wildlife or plant, including (i) size, (ii) sex (if known), and (iii) type of
goods, if it is a part or derivative;
(4) In the case of living wildlife or plants, (i) a description of the type, size, and construction of
any container the wildlife or plant will be placed in during transportation, and (ii) the
arrangements for watering and otherwise caring for the wildlife or plant during transportation;
(5) The name and address of the person in a foreign country to whom the wildlife or plant is to
be exported from the United States, or from whom the wildlife or plant is to be imported into

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the United States;
(6) The country and place where the wildlife or plant was or is to be taken from the wild;
(7) In the case of wildlife or plants listed in Appendix I to be imported into the United States, (i)
a statement of the purposes and details of the activities for which the wildlife or plant is to be
imported; (ii) a brief resume of the technical expertise of the applicant or other persons who
will care for the wildlife or plant; (iii) the name, address, and description, including diagrams or
photographs, of the facility where the wildlife or plant will be maintained; and (iv) a description
of all mortalities, in the two years preceding the date of this application, including any wildlife
species covered in the application (or any species of the same genus or family) held by the
applicant, including the causes and steps taken to avoid such mortalities; and
(8) Copies of documents, sworn affidavits, or other evidence showing that either (i) the wildlife
or plant was acquired prior to the date the Convention applied to it, or (ii) the wildlife or plant
was bred in captivity, or artificially propagated, or was part of or derived therefrom, or (iii) the
wildlife or plant is an herbarium specimen, or live plant material to be imported, exported, or
re-exported as a noncommercial loan, donation, or exchange between scientists or scientific
institutions.
(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 his decision, the
Director shall consider, in addition to the general criteria in §13.21(b) of this subchapter, the following
factors:
(1) Whether the purpose for which the permit is requested will enhance the survival of the species in the
wild;
(2) Whether the purpose for which the permit is requested will enhance the propagation of the species;
(3) The opinions or views of scientists or other persons or organizations having expertise concerning the
plant or other matters germane to the application; and
(4) Whether the expertise, facilities, or other resources available to the applicant appear adequate to
successfully accomplish the 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 the following special conditions:
(1) If requested, the permittee shall submit to the Director a written report of the activities authorized by
the permit. Such report must be postmarked by the date specified in the permit or otherwise requested
by the Director.
(2) A copy of the permit or an identification label, which includes the scientific name, the permit number,
and a statement that the plant is of “wild origin” or “cultivated origin” must accompany the plant or its
container during the course of any activity subject to these regulations, unless the specimens meet the
special conditions referred to in paragraph (c)(3) of this section.
(3) In the case of plants that are herbarium specimens, or other preserved, dried or embedded museum
specimens to be imported or exported as a noncommercial loan, exchange or donation between
scientists or scientific institutions, the names and addresses of the consignor and consignee must be on
each package or container. A description such as “herbarium specimens” and the code letters assigned
by the Service to the scientists or scientific institution must be entered on the Customs declaration form
affixed to each package or container. If the specimens are of taxa also regulated by the Convention on
International Trade in Endangered Species of Wild Fauna and Flora, the letters “CITES” (acronym for
the Convention) also must be entered on the Customs declaration form, as indicated in §23.15(e)(3) of
this subchapter.
(d) Duration of permit. The duration of a permit issued under this section shall be designated on the face
of the permit.
[44 FR 54060, Sept. 18, 1979, as amended at 50 FR 39690, Sept. 30, 1985; 63 FR 52635, Oct. 1, 1998]

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§ 17.63 Economic hardship permits.
Upon receipt of a complete application, the Director may issue a permit authorizing any activity
otherwise prohibited by §17.61, in accordance with Section 10(b) of the Act and the issuance criteria of
this section, in order to prevent undue economic hardship. No such exemption may be granted for the
importation or exportation of a species also listed in Appendix I of the Convention on International Trade
in endangered Species of Wild Fauna and Flora, if the specimen would be used in a commercial activity.
(a) Application requirements. An application for a permit under this section must be submitted to the
Director by the person allegedly suffering undue economic hardship because his desired activity is
prohibited. The application must be submitted on an official application form (Form 3–200) provided by
the Service, or must contain the general information and certification required by §13.12(a) of this
subchapter. It must include, as an attachment, all of the information required in §17.62 plus the following
additional information.
(1) The possible legal or economic alternatives to the activity sought to be authorized by the permit.
(2) A full statement, accompanied by copies of all relevant correspondence, showing the applicant's
involvement with the plant sought to be covered by the permit (as well as his involvement with similar
plants). The applicant should include information on that portion of his income derived from activities
involving such plants in relation to the balance of his income during the calendar year immediately
preceding either theFederal Registernotice of review of the status of the species or proposed rulemaking
to list the species as Endangered, whichever is earlier.
(3) Where applicable, proof of a contract or other binding legal obligation which:
(i) Deals specifically with the plant sought to be covered by the permit;
(ii) Became binding prior to the date of theFederal Registernotice of review of the status of the species
or proposed rulemaking to list the species as endangered, whichever is earlier; and
(iii) Will cause monetary loss of a given dollar amount if the permit sought under this section is not
granted.
(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 for economic hardship, as
defined in section 10(b) of the Act. In making his decision, the Director shall consider, in addition to the
general criteria in §13.21(b) of this subchapter, the following factors:
(1) Whether the purpose for which the permit is requested will significantly affect the survival of the
species in the wild;
(2) The economic, legal, or other alternatives or relief available to the applicant;
(3) The amount of evidence that the applicant was in fact party to a contract or other binding legal
obligation which:
(i) Deals specifically with the plant sought to be covered by the permit; and
(ii) Became binding prior to the date of theFederal Registernotice of review of the status of the species
or proposed rulemaking to list the species as endangered, whichever is earlier;
(4) The severity of economic hardship which the contract or other binding legal obligation referred to in
paragraph (b)(3) of this section would cause if the permit were denied;
(5) Where applicable, the portion of the applicant's income which would be lost if the permit were denied,
and the relationship of that portion to the balance of his income.
(c) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every
permit issued under this section may be subject to any of the following special conditions:
(1) If requested, the permittee shall submit to the Director a written report of the activities authorized by

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the permit. Such report must be postmarked by the date specified in the permit or otherwise requested
by the Director.
(2) If requested, the permittee shall report to the Service's office designated in the permit the death,
destruction or loss of all living plants covered by the permit. Such report must be postmarked by the date
specified in the permit or otherwise requested by the Director.
(d) Duration of permit. The duration of a permit issued under this section shall be designated on the face
of the permit. No permit issued under this section shall be valid for more than one year from the date of
aFederal Registernotice of review of the status of the species or proposed rulemaking to list the species
as endangered, whichever is earlier.
[44 FR 54060, Sept. 18, 1979]
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e-CFR Data is current as of October 1, 2010
Title 50: Wildlife and Fisheries
PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS
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Subpart E—Similarity of Appearance
Source: 42 FR 32377, June 24, 1977, unless otherwise noted.
§ 17.50 General.
(a) Whenever a species which is not Endangered or Threatened closely resembles an Endangered or
Threatened species, such species may be treated as either Endangered or Threatened if the director
makes such determination in accordance with section 4(e) of the Act and the criteria of paragraph (b) of
this section. After the Director has made such determination in accordance with the notification
procedures specified in the Act, such species shall appear in the list in §17.11 (Wildlife) or §17.12
(Plants) with the notation “(S/A)” (similarity of appearance) in the “Status” column, following either a
letter “E” or a letter “T” to indicate whether the species is being treated as Endangered or Threatened.
(b) In determining whether to treat a species as Endangered or Threatened due to similarity of
appearance, the Director shall consider the criteria in section 4(e) of the Act, as indicated below:
(1) The degree of difficulty enforcement personnel would have in distinguishing the species, at the point
in question, from an Endangered or Threatened species (including those cases where the criteria for
recognition of a species are based on geographical boundaries);
(2) The additional threat posed to the Endangered or Threatened species by the loss of control
occasioned because of the similarity of appearance; and
(3) The probability that so designating a similar species will substantially facilitate enforcement and
further the purposes and policy of the Act.

Example 1. The ABC sparrow is Endangered wildlife. The ABD sparrow is a subspecies that
is so similar to the ABC sparrow that when found outside their normal habitat, the two cannot
readily be distinguished by law enforcement personnel. The ABD sparrow is listed in §17.11,
after following the proper procedures as follows:
Species and Range

Portion of
range
where
endangered
Common Scientific
Known
or
When Special
name
name Population distribution threatened Status listed rules

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ABC
sparrow
ABD
sparrow

ABCus

NA

ABDus

NA

North
America
......do

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Entire
NA

E

7

NA

E(S/A)

7

NA

Example 2. Suppose the ABC sparrow is listed as Endangered in only a portion of its range.
Within the meaning of the Act, the ABC sparrow as defined by geographic boundaries is a
species. The ABC sparrow which occurs beyond those boundaries is a different species, even
though it is identical, except in location, to the listed species. If the criteria of this section were
met, the two species would be listed as follows:
Species and Range

Portion of
range
where
endangered
Common Scientific
Known
or
When Special
name
name Population distribution threatened Status listed rules
ABC
ABCus
Idaho
Idaho
Entire
E
7
NA
sparrow
Do
......do
NA
United
NA
E(S/A)
7
NA
States
Example 3. The XY cactus has been determined to be an Endangered species. The XZ
cactus so closely resembles the XY cactus that enforcement personnel cannot distinguish
between the two. The Endangered XY cactus could be illegally sold as the non-endangered
XZ species, thus posing an additional threat to the Endangered species. After following the
proper procedures, the XZ cactus would be placed on the list and treated as though it was an
Endangered species. This entry would appear as follows:
Species and Range

Portion of
range
where
endangered
Common Scientific
Known
or
When Special
name
name Population distribution threatened Status listed rules
XY um
XY
Arizona
Entire
E
7
NA
cactus
XZ um
......do
Arizona
NA
E(S/A)
8
NA
and Mexico
§ 17.51 Treatment as endangered or threatened.
(a) Any species listed in §17.11 or §17.12, pursuant to §17.50, shall be treated as Endangered or
Threatened, as indicated in the “Status” column.
(b) All of the provisions of subparts C (Endangered Wildlife), D (Threatened Wildlife), F (Endangered
Plants) or G (Threatened Plants), as appropriate, shall apply to any such species.

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§ 17.52 Permits—similarity of appearance.
Upon receipt of a complete application and unless otherwise indicated in a special rule, the Director may
issue permits for any activity otherwise prohibited with a species designated as Endangered or
Threatened due to its similarity of appearance. Such a permit may authorize a single transaction, a
series of transactions, or a number of activities over a specified period of time.
(a) Application requirements. An application for a permit under this section must be submitted to the
Director by the person who wishes to engage in the prohibited activity. The permit for activities involving
interstate commerce of plants must be obtained by the seller; in the case of wildlife, the permit must be
obtained by the buyer. The application must be submitted on an official application form (Form 3–200)
provided by the Service, or must contain the general information and certification required by §13.12(a)
of this subchapter. It must include, as an attachment, all of the following information: Documentary
evidence, sworn affidavits, or other information to show species identification and the origin of the
wildlife or plant in question. This information may be in the form of hunting licenses, hide seals, official
stamps, export documents, bills of sales, certification, expert opinion, or other appropriate information.
(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 his decision, the
Director shall consider, in addition to the general criteria, in §13.21(b) of this subchapter, the following
factors:
(1) Whether the information submitted by the applicant appears reliable;
(2) Whether the information submitted by the applicant adequately identifies the wildlife or plant in
question so as to distinguish it from any Endangered or Threatened wildlife or plant.
(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 the following special conditions:
(1) If indicated in the permit, a special mark, to be specified in the permit, must be applied to the wildlife
or plant, and remain for the time designated in the permit;
(2) A copy of the permit or an identification label, which includes the scientific name and the permit
number, must accompany the wildlife or plant or its container during the course of any activity subject to
these regulations.
(d) Duration of permits. The duration of a permit issued under this section shall be designated on the
face of the permit.
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e-CFR Data is current as of October 1, 2010
Title 50: Wildlife and Fisheries
PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS
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Subpart D—Threatened Wildlife
§ 17.31 Prohibitions.
(a) Except as provided in subpart A of this part, or in a permit issued under this subpart, all of the
provisions in §17.21 shall apply to threatened wildlife, except §17.21(c)(5).
(b) In addition to any other provisions of this part 17, any employee or agent of the Service, of the
National Marine Fisheries Service, or of a State conservation agency which is operating a conservation
program pursuant to the terms of a Cooperative Agreement with the Service in accordance with section
6(c) of the Act, who is designated by his agency for such purposes, may, when acting in the course of
his official duties, take those threatened species of wildlife which are covered by an approved
cooperative agreement to carry out conservation programs.
(c) Whenever a special rule in §§17.40 to 17.48 applies to a threatened species, none of the provisions
of paragraphs (a) and (b) of this section will apply. The special rule will contain all the applicable
prohibitions and exceptions.
[43 FR 18181, Apr. 28, 1978, as amended at 44 FR 31580, May 31, 1979; 70 FR 10503, Mar. 4, 2005]

§ 17.32 Permits—general.
Upon receipt of a complete application the Director may issue a permit for any activity otherwise
prohibited with regard to threatened wildlife. Such permit shall be governed by the provisions of this
section unless a special rule applicable to the wildlife, appearing in §§17.40 to 17.48, of this part
provides otherwise. Permits issued under this section must be for one of the following purposes:
Scientific purposes, or the enhancement of propagation or survival, or economic hardship, or zoological
exhibition, or educational purposes, or incidental taking, or special purposes consistent with the
purposes of the Act. Such permits may authorize a single transaction, a series of transactions, or a
number of activities over a specific period of time.
(a)(1) Application requirements for permits for scientific purposes, or the enhancement of propagation or
survival, or economic hardship, or zoological exhibition, or educational purposes, or special purposes
consistent with the purposes of the Act. A person wishing to get a permit for an activity prohibited by
§17.31 submits an application for activities under this paragraph. The Service provides Form 3–200 for
the application to which as much of the following information relating to the purpose of the permit must
be attached:
(i) The Common and scientific names of the species sought to be covered by the permit, as well as the
number, age, and sex of such species, and the activity sought to be authorized (such as taking,
exporting, selling in interstate commerce);
(ii) A statement as to whether, at the time of application, the wildlife sought to be covered by the permit

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(A) is still in the wild, (B) has already been removed from the wild, or (C) was born in captivity;
(iii) A resume of the applicant's attempts to obtain the wildlife sought to be covered by the permit in a
manner which would not cause the death or removal from the wild of such wildlife;
(iv) If the wildlife sought to be covered by the permit has already been removed from the wild, the
country and place where such removal occurred; if the wildlife sought to be covered by permit was born
in captivity, the country and place where such wildlife was born;
(v) A complete description and address of the institution or other facility where the wildlife sought to be
covered by the permit will be used, displayed, or maintained;
(vi) If the applicant seeks to have live wildlife covered by the permit, a complete description, including
photographs or diagrams, of the facilities to house and/or care for the wildlife and a resume of the
experience of those persons who will be caring for the wildlife;
(vii) A full statement of the reasons why the applicant is justified in obtaining a permit including the
details of the activities sought to be authorized by the permit;
(viii) If the application is for the purpose of enhancement of propagation, a statement of the applicant's
willingness to participate in a cooperative breeding program and to maintain or contribute data to a
studbook;
(2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a)(1) 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 §13.21(b) of this subchapter, the following
factors:
(i) Whether the purpose for which the permit is required is adequate to justify removing from the wild or
otherwise changing the status of the wildlife sought to be covered by the permit;
(ii) The probable direct and indirect effect which issuing the permit would have on the wild populations of
the wildlife sought to be covered by the permit;
(iii) Whether the permit, if issued, would in any way, directly or indirectly, conflict with any known
program intended to enhance the survival probabilities of the population from which the wildlife sought to
be covered by the permit was or would be removed;
(iv) Whether the purpose for which the permit is required would be likely to reduce the threat of
extinction facing the species of wildlife sought to be covered by the permit;
(v) The opinions or views of scientists or other persons or organizations having expertise concerning the
wildlife or other matters germane to the application; and
(vi) Whether the expertise, facilities, or other resources available to the applicant appear adequate to
successfully accomplish the objectives stated in the application.
(3) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every
permit issued under this paragraph shall be subject to the special condition that the escape of living
wildlife covered by the permit shall be immediately reported to the Service office designated in the
permit.
(4) Duration of permits. The duration of permits issued under this paragraph shall be designated on the
face of the permit.
(b)(1) Application requirements for permits for incidental taking. (i) A person wishing to get a permit for
an activity prohibited by §17.31 submits an application for activities under this paragraph.
(ii) The director shall publish notice in theFederal Registerof each application for a permit that is made
under this section. Each notice shall invite the submission from interested parties, within 30 days after
the date of the notice, of written data, views, or arguments with respect to the application.

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(iii) Each application must be submitted on an official application (Form 3–200) provided by the Service,
and must include as an attachment, all of the following information:
(A) A complete description of the activity sought to be authorized;
(B) The common and scientific names of the species sought to be covered by the permit, as well as the
number, age, and sex of such species, if known;
(C) A conservation plan that specifies:
( 1 ) The impact that will likely result from such taking;
( 2 ) What steps the applicant will take to monitor, minimize, and mitigate such impacts, the funding that
will be available to implement such steps, and the procedures to be used to deal with unforeseen
circumstances;
( 3 ) What alternative actions to such taking the applicant considered and the reasons why such
alternatives are not proposed to be utilized; and
( 4 ) Such other measures that the Director may require as being necessary or appropriate for purposes
of the plan.
(2) Issuance criteria. (i) Upon receiving an application completed in accordance with paragraph (b)(1) of
this section, the Director will decide whether or not a permit should be issued. The Director shall
consider the general issuance criteria in 13.21(b) of this subchapter, except for 13.21(b)(4), and shall
issue the permit if he or she finds that:
(A) The taking will be incidental;
(B) The applicant will, to the maximum extent practicable, minimize and mitigate the impacts of such
takings;
(C) The applicant will ensure that adequate funding for the conservation plan and procedures to deal
with unforeseen circumstances will be provided;
(D) The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the
wild;
(E) The measures, if any, required under paragraph (b)(1)(iii)(D) of this section will be met; and
(F) He or she has received such other assurances as he or she may require that the plan will be
implemented.
(ii) In making his or her decision, the Director shall also consider the anticipated duration and geographic
scope of the applicant's planned activities, including the amount of listed species habitat that is involved
and the degree to which listed species and their habitats are affected.
(3) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every
permit issued under this paragraph shall contain such terms and conditions as the Director deems
necessary or appropriate to carry out the purposes of the permit and the conservation plan including, but
not limited to, monitoring and reporting requirements deemed necessary for determining whether such
terms and conditions are being complied with. The Director shall rely upon existing reporting
requirements to the maximum extent practicable.
(4) Duration of permits. The duration of permits issued under this paragraph shall be sufficient to provide
adequate assurances to the permittee to commit funding necessary for the activities authorized by the
permit, including conservation activities and land use restrictions. In determining the duration of a permit,
the Director shall consider the duration of the planned activities, as well as the possible positive and
negative effects associated with permits of the proposed duration on listed species, including the extent
to which the conservation plan will enhance the habitat of listed species and increase the long-term
survivability of such species.

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(5) Assurances provided to permittee in case of changed or unforeseen circumstances. The assurances
in this paragraph (b)(5) apply only to incidental take permits issued in accordance with paragraph (b)(2)
of this section where the conservation plan is being properly implemented, and apply only with respect to
species adequately covered by the conservation plan. These assurances cannot be provided to Federal
agencies. This rule does not apply to incidental take permits issued prior to March 25, 1998. The
assurances provided in incidental take permits issued prior to March 25, 1998 remain in effect, and
those permits will not be revised as a result of this rulemaking.
(i) Changed circumstances provided for in the plan. If additional conservation and mitigation measures
are deemed necessary to respond to changed circumstances and were provided for in the plan's
operating conservation program, the permittee will implement the measures specified in the plan.
(ii) Changed circumstances not provided for in the plan. If additional conservation and mitigation
measures are deemed necessary to respond to changed circumstances and such measures were not
provided for in the plan's operating conservation program, the Director will not require any conservation
and mitigation measures in addition to those provided for in the plan without the consent of the
permittee, provided the plan is being properly implemented.
(iii) Unforeseen circumstances. (A) In negotiating unforeseen circumstances, the Director will not require
the commitment of additional land, water, or financial compensation or additional restrictions on the use
of land, water, or other natural resources beyond the level otherwise agreed upon for the species
covered by the conservation plan without the consent of the permittee.
(B) If additional conservation and mitigation measures are deemed necessary to respond to unforeseen
circumstances, the Director may require additional measures of the permittee where the conservation
plan is being properly implemented, but only if such measures are limited to modifications within
conserved habitat areas, if any, or to the conservation plan's operating conservation program for the
affected species, and maintain the original terms of the conservation plan to the maximum extent
possible. Additional conservation and mitigation measures will not involve the commitment of additional
land, water or financial compensation or additional restrictions on the use of land, water, or other natural
resources otherwise available for development or use under the original terms of the conservation plan
without the consent of the permittee.
(C) The Director will have the burden of demonstrating that such unforeseen circumstances exist, using
the best scientific and commercial data available. These findings must be clearly documented and based
upon reliable technical information regarding the status and habitat requirements of the affected species.
The Director will consider, but not be limited to, the following factors:
( 1 ) Size of the current range of the affected species;
( 2 ) Percentage of range adversely affected by the conservation plan;
( 3 ) Percentage of range conserved by the conservation plan;
( 4 ) Ecological significance of that portion of the range affected by the conservation plan;
( 5 ) Level of knowledge about the affected species and the degree of specificity of the species'
conservation program under the conservation plan; and
( 6 ) Whether failure to adopt additional conservation measures would appreciably reduce the likelihood
of survival and recovery of the affected species in the wild.
(6) Nothing in this rule will be construed to limit or constrain the Director, any Federal, State, local, or
Tribal government agency, or a private entity, from taking additional actions at its own expense to
protect or conserve a species included in a conservation plan.
(7) Discontinuance of permit activity. Notwithstanding the provisions of §13.26 of this subchapter, a
permittee under this paragraph (b) remains responsible for any outstanding minimization and mitigation
measures required under the terms of the permit for take that occurs prior to surrender of the permit and
such minimization and mitigation measures as may be required pursuant to the termination provisions of
an implementing agreement, habitat conservation plan, or permit even after surrendering the permit to
the Service pursuant to §13.26 of this subchapter. The permit shall be deemed canceled only upon a
determination by the Service that such minimization and mitigation measures have been implemented.
Upon surrender of the permit, no further take shall be authorized under the terms of the surrendered

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permit.
(8) Criteria for revocation. A permit issued under paragraph (b) of this section may not be revoked for
any reason except those set forth in §13.28(a)(1) through (4) of this subchapter or unless continuation of
the permitted activity would be inconsistent with the criterion set forth in 16 U.S.C. 1539(a)(2)(B)(iv) and
the inconsistency has not been remedied.
(c)(1) Application requirements for permits for the enhancement of survival through Safe Harbor
Agreements. The applicant must submit an application for a permit under this paragraph (c) to the
appropriate Regional Director, U.S. Fish and Wildlife Service, for the Region where the applicant resides
or where the proposed action is to occur (for appropriate addresses, see 50 CFR 10.22), if the applicant
wishes to engage in any activity prohibited by §17.31. The applicant must submit an official Service
application form (3–200.54) that includes the following information:
(i) The common and scientific names of the listed species for which the applicant requests incidental
take authorization;
(ii) A description of how incidental take of the covered species pursuant to the Safe Harbor Agreement is
likely to occur, both as a result of management activities and as a result of the return to baseline;
(iii) A Safe Harbor Agreement that complies with the requirements of the Safe Harbor policy available
from the Service; and
(iv) The Director must publish notice in theFederal Registerof each application for a permit that is made
under this paragraph (c). Each notice must invite the submission from interested parties within 30 days
after the date of the notice of written data, views, or arguments with respect to the application. The
procedures included in §17.22(e) for permit objection apply to any notice published by the Director under
this paragraph (c).
(2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (c)(1) of
this section, the Director will decide whether or not to issue a permit. The Director shall consider the
general issuance criteria in §13.21(b) of this subchapter, except for §13.21(b)(4), and may issue the
permit if he or she finds:
(i) The take will be incidental to an otherwise lawful activity and will be in accordance with the terms of
the Safe Harbor Agreement;
(ii) The implementation of the terms of the Safe Harbor Agreement is reasonably expected to provide a
net conservation benefit to the affected listed species by contributing to the recovery of listed species
included in the permit, and the Safe Harbor Agreement otherwise complies with the Safe Harbor policy
available from the Service;
(iii) The probable direct and indirect effects of any authorized take will not appreciably reduce the
likelihood of survival and recovery in the wild of any listed species;
(iv) Implementation of the terms of the Safe Harbor Agreement is consistent with applicable Federal,
State, and Tribal laws and regulations;
(v) Implementation of the terms of the Safe Harbor Agreement will not be in conflict with any ongoing
conservation or recovery programs for listed species covered by the permit; and
(vi) The applicant has shown capability for and commitment to implementing all of the terms of the Safe
Harbor Agreement.
(3) Permit conditions. In addition to any applicable general permit conditions set forth in part 13 of this
subchapter, every permit issued under this paragraph (c) is subject to the following special conditions:
(i) A requirement for the participating property owner to notify the Service of any transfer of lands subject
to a Safe Harbor Agreement;
(ii) When appropriate, a requirement for the permittee to give the Service reasonable advance notice
(generally at least 30 days) of when he or she expects to incidentally take any listed species covered
under the permit. Such notification will provide the Service with an opportunity to relocate affected

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individuals of the species, if possible and appropriate; and
(iii) Any additional requirements or conditions the Director deems necessary or appropriate to carry out
the purposes of the permit and the Safe Harbor Agreement.
(4) Permit effective date. Permits issued under this paragraph (c) become effective the day of issuance
for species covered by the Safe Harbor Agreement.
(5) Assurances provided to permittee. (i) The assurances in subparagraph (ii) of this paragraph (c)(5)
apply only to Safe Harbor permits issued in accordance with paragraph (c)(2) of this section where the
Safe Harbor Agreement is being properly implemented, and apply only with respect to species covered
by the Agreement and permit. These assurances cannot be provided to Federal agencies. The
assurances provided in this section apply only to Safe Harbor permits issued after July 19, 1999.
(ii) The Director and the permittee may agree to revise or modify the management measures set forth in
a Safe Harbor Agreement if the Director determines that such revisions or modifications do not change
the Director's prior determination that the Safe Harbor Agreement is reasonably expected to provide a
net conservation benefit to the listed species. However, the Director may not require additional or
different management activities to be undertaken by a permittee without the consent of the permittee.
(6) Additional actions. Nothing in this rule will be construed to limit or constrain the Director, any Federal,
State, local or Tribal government agency, or a private entity, from taking additional actions at its own
expense to protect or conserve a species included in a Safe Harbor Agreement.
(7) Criteria for revocation. The Director may not revoke a permit issued under paragraph (c) of this
section except as provided in this paragraph. The Director may revoke a permit for any reason set forth
in §13.28(a)(1) through (4) of this subchapter. The Director may revoke a permit if continuation of the
permitted activity would either appreciably reduce the likelihood of survival and recovery in the wild of
any listed species or directly or indirectly alter designated critical habitat such that it appreciably
diminishes the value of that critical habitat for both the survival and recovery of a listed species. Before
revoking a permit for either of the latter two reasons, the Director, with the consent of the permittee, will
pursue all appropriate options to avoid permit revocation. These options may include, but are not limited
to: extending or modifying the existing permit, capturing and relocating the species, compensating the
landowner to forgo the activity, purchasing an easement or fee simple interest in the property, or
arranging for a third-party acquisition of an interest in the property.
(8) Duration of permits. The duration of permits issued under this paragraph (c) must be sufficient to
provide a net conservation benefit to species covered in the enhancement of survival permit. In
determining the duration of a permit, the Director will consider the duration of the planned activities, as
well as the positive and negative effects associated with permits of the proposed duration on covered
species, including the extent to which the conservation activities included in the Safe Harbor Agreement
will enhance the survival and contribute to the recovery of listed species included in the permit.
(d)(1) Application requirements for permits for the enhancement of survival through Candidate
Conservation Agreements with Assurances. The applicant must submit an application for a permit under
this paragraph (d) to the appropriate Regional Director, U.S. Fish and Wildlife Service, for the Region
where the applicant resides or where the proposed activity is to occur (for appropriate addresses, see 50
CFR 10.22). When a species covered by a Candidate Conservation Agreement with Assurances is listed
as threatened and the applicant wishes to engage in activities identified in the Agreement and otherwise
prohibited by §17.31, the applicant must apply for an enhancement of survival permit for species
covered by the Agreement. The permit will become valid if and when covered proposed, candidate or
other unlisted species is listed as a threatened species. The applicant must submit an official Service
application form (3–200.54) that includes the following information:
(i) The common and scientific names of the species for which the applicant requests incidental take
authorization;
(ii) A description of the land use or water management activity for which the applicant requests incidental
take authorization; and
(iii) A Candidate Conservation Agreement that complies with the requirements of the Candidate
Conservation Agreement with Assurances policy available from the Service.
(iv) The Director must publish notice in theFederal Registerof each application for a permit that is made

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under this paragraph (d). Each notice must invite the submission from interested parties within 30 days
after the date of the notice of written data, views, or arguments with respect to the application. The
procedures included in §17.22(e) for permit objection apply to any notice published by the Director under
this paragraph (d).
(2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (d)(1) of
this section, the Director will decide whether or not to issue a permit. The Director shall consider the
general issuance criteria in §13.21(b) of this subchapter, except for §13.21(b)(4), and may issue the
permit if he or she finds:
(i) The take will be incidental to an otherwise lawful activity and will be in accordance with the terms of
the Candidate Conservation Agreement;
(ii) The Candidate Conservation Agreement complies with the requirements of the Candidate
Conservation Agreement with Assurances policy available from the Service;
(iii) The probable direct and indirect effects of any authorized take will not appreciably reduce the
likelihood of survival and recovery in the wild of any species;
(iv) Implementation of the terms of the Candidate Conservation Agreement is consistent with applicable
Federal, State, and Tribal laws and regulations;
(v) Implementation of the terms of the Candidate Conservation Agreement will not be in conflict with any
ongoing conservation programs for species covered by the permit; and
(vi) The applicant has shown capability for and commitment to implementing all of the terms of the
Candidate Conservation Agreement.
(3) Permit conditions. In addition to any applicable general permit conditions set forth in part 13 of this
subchapter, every permit issued under this paragraph (d) is subject to the following special conditions:
(i) A requirement for the property owner to notify the Service of any transfer of lands subject to a
Candidate Conservation Agreement;
(ii) When appropriate, a requirement for the permittee to give the Service reasonable advance notice
(generally at least 30 days) of when he or she expects to incidentally take any listed species covered
under the permit. Such notification will provide the Service with an opportunity to relocate affected
individuals of the species, if possible and appropriate; and
(iii) Any additional requirements or conditions the Director deems necessary or appropriate to carry out
the purposes of the permit and the Candidate Conservation Agreement.
(4) Permit effective date. Permits issued under this paragraph (d) become effective for a species
covered by a Candidate Conservation Agreement on the effective date of a final rule that lists a covered
species as threatened.
(5) Assurances provided to permittee in case of changed or unforeseen circumstances. The assurances
in this paragraph (d)(5) apply only to permits issued in accordance with paragraph (d)(2) where the
Candidate Conservation with Assurances Agreement is being properly implemented, and apply only with
respect to species adequately covered by the Candidate Conservation with Assurances Agreement.
These assurances cannot be provided to Federal agencies.
(i) Changed circumstances provided for in the Agreement. If the Director determines that additional
conservation measures are necessary to respond to changed circumstances and these measures were
set forth in the Agreement, the permittee will implement the measures specified in the Agreement.
(ii) Changed circumstances not provided for in the Agreement. If the Director determines that additional
conservation measures not provided for in the Agreement are necessary to respond to changed
circumstances, the Director will not require any conservation measures in addition to those provided for
in the Agreement without the consent of the permittee, provided the Agreement is being properly
implemented.
(iii) Unforeseen circumstances. (A) In negotiating unforeseen circumstances, the Director will not require

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the commitment of additional land, water, or financial compensation or additional restrictions on the use
of land, water, or other natural resources beyond the level otherwise agreed upon for the species
covered by the Agreement without the consent of the permittee.
(B) If the Director determines additional conservation measures are necessary to respond to unforeseen
circumstances, the Director may require additional measures of the permittee where the Agreement is
being properly implemented, but only if such measures maintain the original terms of the Agreement to
the maximum extent possible. Additional conservation measures will not involve the commitment of
additional land, water, or financial compensation or additional restrictions on the use of land, water, or
other natural resources otherwise available for development or use under the original terms of the
Agreement without the consent of the permittee.
(C) The Director will have the burden of demonstrating that unforeseen circumstances exist, using the
best scientific and commercial data available. These findings must be clearly documented and based
upon reliable technical information regarding the status and habitat requirements of the affected species.
The Director will consider, but not be limited to, the following factors:
( 1 ) Size of the current range of the affected species;
( 2 ) Percentage of range adversely affected by the Agreement;
( 3 ) Percentage of range conserved by the Agreement;
( 4 ) Ecological significance of that portion of the range affected by the Agreement;
( 5 ) Level of knowledge about the affected species and the degree of specificity of the species'
conservation program under the Agreement; and
( 6 ) Whether failure to adopt additional conservation measures would appreciably reduce the likelihood
of survival and recovery of the affected species in the wild.
(6) Additional actions. Nothing in this rule will be construed to limit or constrain the Director, any Federal,
State, local or Tribal government agency, or a private entity, from taking additional actions at its own
expense to protect or conserve a species included in a Candidate Conservation with Assurances
Agreement.
(7) Criteria for revocation. The Director may not revoke a permit issued under paragraph (d) of this
section except as provided in this paragraph. The Director may revoke a permit for any reason set forth
in §13.28(a)(1) through (4) of this subchapter. The Director may revoke a permit if continuation of the
permitted activity would either appreciably reduce the likelihood of survival and recovery in the wild of
any listed species or directly or indirectly alter designated critical habitat such that it appreciably
diminishes the value of that critical habitat for both the survival and recovery of a listed species. Before
revoking a permit for either of the latter two reasons, the Director, with the consent of the permittee, will
pursue all appropriate options to avoid permit revocation. These options may include, but are not limited
to: extending or modifying the existing permit, capturing and relocating the species, compensating the
landowner to forgo the activity, purchasing an easement or fee simple interest in the property, or
arranging for a third-party acquisition of an interest in the property.
(8) Duration of the Candidate Conservation Agreement. The duration of a Candidate Conservation
Agreement covered by a permit issued under this paragraph (d) must be sufficient to enable the Director
to determine that the benefits of the conservation measures in the Agreement, when combined with
those benefits that would be achieved if it is assumed that the conservation measures would also be
implemented on other necessary properties, would preclude or remove any need to list the species
covered by the Agreement.
[50 FR 39689, Sept. 30, 1985, as amended at 63 FR 8871, Feb. 23, 1998; 63 FR 52635, Oct. 1, 1998;
64 FR 32714, June 17, 1999; 64 FR 52676, Sept. 30, 1999; 69 FR 24093, May 3, 2004; 69 FR 29670,
May 25, 2004; 69 FR 71731, Dec. 10, 2004]

§ 17.40 Special rules—mammals.
(a) [Reserved]

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(b) Grizzly bear ( Ursus arctos horribilis )—(1) Prohibitions. The following prohibitions apply to the grizzly
bear:
(i) Taking. (A) Except as provided in paragraphs (b)(1)(i)(B) through (F) of this section, no person shall
take any grizzly bear in the 48 conterminous states of the United States.
(B) Grizzly bears may be taken in self-defense or in defense of others, but such taking shall be reported,
within 5 days of occurrence, to the Assistant Regional Director, Division of Law Enforcement, U.S. Fish
and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225 (303/236–7540
or FTS 776–7540), if occurring in Montana or Wyoming, or to the Assistant Regional Director, Division of
Law Enforcement, U.S. Fish and Wildlife Service, Lloyd 500 Building, Suite 1490, 500 Northeast
Multnomah Street, Portland, Oregon 97232 (503/231–6125 or FTS 429–6125), if occurring in Idaho or
Washington, and to appropriate State and Indian Reservation Tribal authorities. Grizzly bears or their
parts taken in self-defense or in defense of others shall not be possessed, delivered, carried,
transported, shipped, exported, received, or sold, except by Federal, State, or Tribal authorities.
(C) Removal of nuisance bears. A grizzly bear consituting a demonstrable but non immediate threat to
human safety or committing significant depredations to lawfully present livestock, crops, or beehives
may be taken, but only if:
( 1 ) It has not been reasonably possible to eliminate such threat or depredation by live-capturing and
releasing unharmed in a remote area the grizzly bear involved; and
( 2 ) The taking is done in a humane manner by authorized Federal, State, or Tribal authorities, and in
accordance with current interagency guidelines covering the taking of such nuisance bears; and
( 3 ) The taking is reported within 5 days of occurrence to the appropriate Assistant Regional Director,
Division of Law Enforcement, U.S. Fish and Wildlife Service, as indicated in paragraph (b)(1)(i)(B) of this
section, and to appropriate State and Tribal authorities.
(D) Federal, State, or Tribal scientific or research activities. Federal, State, or Tribal authorities may take
grizzly bears for scientific or research purposes, but only if such taking does not result in death or
permanent injury to the bears involved. Such taking must be reported within 5 days of occurrence to the
appropriate Assistant Regional Director, Division of Law Enforcement, U.S. Fish and Wildlife Service, as
indicated in paragraph (b)(1)(i)(B) of this section, and to appropriate State and Tribal authorities.
(E) [Reserved]
(F) National Parks. The regulations of the National Park Service shall govern all taking of grizzly bears in
National Parks.
(ii) Unlawfully taken grizzly bears. (A) Except as provided in paragraphs (b)(1)(ii)(B) and (iv) of this
section, no person shall possess, deliver, carry, transport, ship, export, receive, or sell any unlawfully
taken grizzly bear. Any unlawful taking of a grizzly bear shall be reported within 5 days of occurrence to
the appropriate Assistant Regional Director, Division of Law Enforcement, U.S. Fish and Wildlife
Service, as indicated in paragraph (b)(1)(i)(B) of this section, and to appropriate State and Tribal
authorities.
(B) Authorized Federal, State, or Tribal employees, when acting in the course of their official duties,
may, for scientific or research purposes, possess, deliver, carry, transport, ship, export, or receive
unlawfully taken grizzly bears.
(iii) Import or export. Except as provided in paragraphs (b)(1)(iii) (A) and (B) and (iv) of this section, no
person shall import any grizzly bear into the United States.
(A) Federal, State, or Tribal scientific or research activities. Federal, State, or Tribal authorities may
import grizzly bears into the United States for scientific or research purposes.
(B) Public zoological institution. Public zoological institutions (see 50 CFR 10.12) may import grizzly
bears into the United States.
(iv) Commercial transactions. (A) Except as provided in paragraph (b)(1)(iv)(B) of this section, no person
shall, in the course of commercial activity, deliver, receive, carry, transport, or ship in interstate or foreign

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commerce any grizzly bear.
(B) A public zoological institution (see 50 CFR 10.12) dealing with other public zoological institutions
may sell grizzly bears or offer them for sale in interstate or foreign commerce, and may, in the course of
commercial activity, deliver, receive, carry, transport, or ship grizzly bears in interstate or foreign
commerce.
(v) Other violations. No person shall attempt to commit, cause to be committed, or solicit another to
commit any act prohibited by paragraph (b)(1) of this section.
(2) Definitions. As used in paragraph (b) of this section:
Grizzly bear means any member of the species Ursus arctos horribilis of the 48 conterminous States of
the United States, including any part, offspring, dead body, part of a dead body, or product of such
species.
Grizzly bear accompanied by young means any grizzly bear having offspring, including one or more
cubs, yearlings, or 2-year-olds, in its immediate vicinity.
Identified means permanently marked or documented so as to be identifiable by law enforcement
officials at a subsequent date.
State, Federal or Tribal authority means an employee of State, Federal, or Indian Tribal government
who, as part of his/her official duties, normally handles grizzly bears.
Young grizzly bear means a cub, yearling, or 2-year-old grizzly bear.

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(c) Primates. (1) Except as noted in paragraphs (c)(2) and (c)(3) of this section, all provisions of §17.31
shall apply to the lesser slow loris, Nycticebus pygmaeus ; Philippine tarsier, Tarsius syrichta ; whitefooted tamarin, Saguinus leucopus ; black howler monkey, Alouatta pigra ; stump-tailed macaque,
Macaca arctoides ; gelada baboon, Theropithecus gelada ; Formosan rock macaque, Macaca cyclopis ;
Japanese macaque, Macaca fuscata ; Toque macaque, Macaca sinica ; long-tailed langur, Presbytis
potenziani ; purple-faced langur, Presbytis senex ; Tonkin snub-nosed langur, Pygathrix (Rhinopithecus)
avunculus ; and, in captivity only, chimpanzee, Pan troglodytes.
(2) The prohibitions referred to above do not apply to any live member of such species held in captivity
in the United States on the effective date of the final rulemaking, or to the progeny of such animals, or to
the progeny of animals legally imported into the United States after the effective date of the final
rulemaking, Provided, That the person wishing to engage in any activity which would otherwise be
prohibited must be able to show satisfactory documentary or other evidence as to the captive status of
the particular member of the species on the effective date of this rulemaking or that the particular
member of the species was born in captivity in the United States after the effective date of this
rulemaking. Identification of the particular member to a record in the International Species Inventory
System (ISIS), or to a Federal, State or local government permit, shall be deemed to be satisfactory
evidence. Records in the form of studbooks or inventories, kept in the normal course of business, shall

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be acceptable as evidence, provided that a notarized statement is inserted in such record to the effect
that:
(i) The records were kept in the normal course of business prior to November 18, 1976, and accurately
identify (by use of markers, tags, or other acceptable marking devices) individual animals; or
(ii) That the individual animal identified by the records was born in captivity on ____(Date).
The notarized statement in paragraph (c)(2)(i) of this section, shall be acceptable only if the notarization
is dated on or before January 3, 1977. The notarized statement in paragraph (c)(2)(ii), of this section,
shall be acceptable only if the notarization is dated within 15 days of the date of birth of the animal.
(3) The provisions of §§17.21, 17.22, and 17.23 shall apply to any individual chimpanzee ( Pan
troglodytes ) within the historic range of the species, regardless of whether in the wild or captivity, and
also shall apply to any individual chimpanzee not within this range, but which has originated within this
range after the effective date of these regulations, and also shall apply to the progeny of any such
chimpanzee, other than to the progeny of animals legally imported into the United States after the
effective date of these regulations. For the purposes of this paragraph, the historic range of the
chimpanzee shall consist of the following countries: Angola, Benin, Burkina Faso, Burundi, Cameroon,
Central African Republic, Congo, Cote d'Ivoire, Equatorial Guinea, Gabon, Gambia, Ghana, Guinea,
Guinea-Bissau, Liberia, Mali, Nigeria, Rwanda, Senegal, Sierra Leone, Sudan, Tanzania, Togo, Uganda,
and Zaire.
(d) Gray wolf ( Canis lupus ) in Minnesota.
(1) Zones. For purposes of these regulations, the State of Minnesota is divided into the following five
zones:
(i) Zone 1—4,488 square miles. Beginning at the point of intersection of United States and Canadian
boundaries in Section 22, Township 71 North, Range 22 West, in Rainy Lake, then proceeding along the
west side of Sections 22, 27, and 34 in said Township and Sections 3, 10, 15, 22, 27 and 34 in
Township 70 North, Range 22 West and Sections 3 and 10 in Township 69 North, Range 22 West; then
east along the south boundaries of Sections 10, 11, and 12 in said Township; then south along the
Koochiching and St. Louis counties line to Highway 53; thence southeasterly along State Highway 53 to
the junction with County Route 765; thence easterly along County Route 765 to the junction with
Kabetogama Lake in Ash River Bay; thence along the south boundary of Section 33 in Township 69
North, Range 19 West, to the junction with the Moose River; thence southeasterly along the Moose
River to Moose Lake; thence along the western shore of Moose Lake to the river between Moose Lake
and Long Lake; thence along the said river to Long Lake; thence along the east shore of Long Lake to
the drainage on the southeast side of Long Lake in NE\1/4\, Section 18, Township 67 North, Range 18
West; thence along the said drainage southeasterly and subsequently northeasterly to Marion Lake, the
drainage being in Sections 17 and 18, Township 67 North, Range 18 West; thence along the west
shoreline of Marion Lake proceeding southeasterly to the Moose Creek; thence along Moose Creek to
Flap Creek; thence southeasterly along Flap Creek to the Vermilion River; thence southerly along the
Vermilion River to Vermilion Lake; thence along the Superior National Forest boundary in a
southeasterly direction through Vermilion Lake passing these points: Oak Narrows, Muskrat Channel,
South of Pine Island, to Hoodo Point and the junction with County Route 697; thence southeasterly on
County Route 697 to the junction with State Highway 169; thence easterly along State Highway 169 to
the junction with State Highway 1; thence easterly along State Highway 1 to the junction with the Erie
Railroad tracks at Murphy City; thence easterly along the Erie Railroad tracks to the junction with Lake
Superior at Taconite Harbor; thence northeasterly along the North Shore of Lake Superior to the
Canadian Border; thence westerly along the Canadian Border to the point of beginning in Rainy Lake.
(ii) Zone 2—1,856 square miles. Beginning at the intersection of the Erie Mining Co. Railroad and State
Highway 1 (Murphy City); thence southeasterly on State Highway 1 to the junction with County Road 4;
thence southwesterly on County Road 4 to the State Snowmobile Trail (formerly the Alger-Smith
Railroad); thence southwesterly to the intersection of the Old Railroad Grade and Reserve Mining Co.
Railroad in Section 33 of Township 56 North, Range 9 West; thence northwesterly along the Railroad to
Forest Road 107; thence westerly along Forest Road 107 to Forest Road 203; thence westerly along
Forest Road 203 to the junction with County Route 2; thence in a northerly direction on County Route 2
to the junction with Forest Road 122; thence in a westerly direction along Forest Road 122 to the
junction with the Duluth, Missable and Iron Range Railroad; thence in a southwesterly direction along
the said railroad tracks to the junction with County Route 14; thence in a northwesterly direction along
County Route 14 to the junction with County Route 55; thence in a westerly direction along County
Route 55 to the junction with County Route 44; thence in a southerly direction along County Route 44 to
the junction with County Route 266; thence in a southeasterly direction along County Route 266 and

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subsequently in a westerly direction to the junction with County Road 44; thence in a northerly direction
on County Road 44 to the junction with Township Road 2815; thence westerly along Township Road
2815 to Alden Lake; thence northwesterly across Alden Lake to the inlet of the Cloquet River; thence
northerly along the Cloquet River to the junction with Carrol Trail-State Forestry Road; thence west
along the Carrol Trail to the junction with County Route 4 and County Route 49; thence west along
County Route 49 to the junction with the Duluth, Winnipeg and Pacific Railroad; thence in a northerly
direction along said Railroad to the junction with the Whiteface River; thence in a northeasterly direction
along the Whiteface River to the Whiteface Reservoir; thence along the western shore of the Whiteface
Reservoir to the junction with County Route 340; thence north along County Route 340 to the junction
with County Route 16; thence east along County Route 16 to the junction with County Route 346;
thence in a northerly direction along County Route 346 to the junction with County Route 569; thence
along County Route 569 to the junction with County Route 565; thence in a westerly direction along
County Route 565 to the junction with County Route 110; thence in a westerly direction along County
Route 110 to the junction with County Route 100; thence in a north and subsequent west direction along
County Route 100 to the junction with State Highway 135; thence in a northerly direction along State
Highway 135 to the junction with State Highway 169 at Tower; thence in an easterly direction along the
southern boundary of Zone 1 to the point of beginning of Zone 2 at the junction of the Erie Railroad
Tracks and State Highway 1.
(iii) Zone 3—3,501 square miles. Beginning at the junction of State Highway 11 and State Highway 65;
thence southeasterly along State Highway 65 to the junction with State Highway 1; thence westerly
along State Highway 1 to the junction with State Highway 72; thence north along State Highway 72 to
the junction with an un-numbered township road beginning in the northeast corner of Section 25,
Township 155 North, Range 31 West; thence westerly along the said road for approximately seven (7)
miles to the junction with SFR 95: thence westerly along SFR 95 and continuing west through the
southern boundary of Sections 36 through 31, Township 155 North, Range 33 West, through Sections
36 through 31, Township 155 North, Range 34 West, through Sections 36 through 31, Township 155
North, Range 35 West, through Sections 36 and 35, Township 155 North, Range 36 West to the junction
with State Highway 89, thence northwesterly along State Highway 89 to the junction with County Route
44; thence northerly along County Route 44 to the junction with County Route 704; thence northerly
along County 704 to the junction with SFR 49; thence northerly along SFR 49 to the junction with SFR
57; thence easterly along SFR 57 to the junction with SFR 63: thence south along SFR 63 to the junction
with SFR 70; thence easterly along SFR 70 to the junction with County Route 87; thence easterly along
County Route 87 to the junction with County Route 1; thence south along County Route 1 to the junction
with County Route 16; thence easterly along County Route 16 to the junction with State Highway 72;
thence south on State Highway 72 to the junction with a gravel road (un-numbered County District Road)
on the north side of Section 31, Township 158 North, Range 30 West; thence east on said District Road
to the junction with SFR 62; thence easterly on SFR 62 to the junction with SFR 175; thence south on
SFR 175 to the junction with County Route 101; thence easterly on County Route 101 to the junction
with County Route 11; thence easterly on County Route 11 to the junction with State Highway 11;
thence easterly on State Highway 11 to the junction with State Highway 65, the point of beginning.
(iv) Zone 4—20,883 square miles. Excluding Zones 1, 2 and 3, all that part of Minnesota north and east
of a line beginning on State Trunk Highway 48 at the eastern boundary of the State; thence westerly
along Highway 48 to Interstate Highway 35; thence northerly on I–35 to State Highway 23, thence west
one-half mile on Highway 23 to State Trunk Highway 18; thence westerly along Highway 18 to State
Trunk Highway 65, thence northerly on Highway 65 to State Trunk Highway 210; thence westerly along
Highway 210 to State Trunk Highway 6; thence northerly on State Trunk Highway 6 to Emily; thence
westerly along County State Aid Highway (CSAH) 1, Crow Wing County, to CSAH 2, Cass County;
thence westerly along CSAH 2 to Pine River; thence northwesterly along State Trunk Highway 371 to
Backus; thence westerly along State Trunk Highway 87 to U.S. Highway 71; thence northerly along U.S.
71 to State Trunk Highway 200; thence northwesterly along Highway 200, to County State Aid Highway
(CSAH) 2, Clearwater County; thence northerly along CSAH 2 to Shevlin; thence along U.S. Highway 2
to Bagley; thence northerly along State Trunk Highway 92 to Gully; thence northerly along CSAH 2, Polk
County, to CSAH 27, Pennington County; thence along CSAH 27 to State Trunk Highway 1; thence
easterly on Highway 1 to CSAH 28, Pennington County; thence northerly along CSAH 28 to CSAH 54,
Marshall County, thence northerly along CSAH 54 to Grygla; thence west and northerly along Highway
89 to Roseau; thence northerly along State Truck Highway 310 to the Canadian border.
(v) Zone 5—54,603 square miles. All that part of Minnesota south and west of the line described as the
south and west border of Zone 4.
(vi) Map of regulatory zones follows:

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View or download PDF
(2) Prohibitions. The following prohibitions apply to the gray wolf in Minnesota.
(i) Taking. Except as provided in this paragraph (d)(2)(i) of this section, no person may take a gray wolf
in Minnesota.
(A) Any person may take a gray wolf in Minnesota in defense of his own life or the lives of others.
(B) Any employee or agent of the Service, any other Federal land management agency, or the
Minnesota Department of Natural Resources, who is designated by his/her agency for such purposes,
may, when acting in the course of his or her official duties, take a gray wolf in Minnesota without a permit
if such action is necessary to:
(1) Aid a sick, injured or orphaned specimen; or
(2) Dispose of a dead specimen; or
(3) Salvage a dead specimen that may be useful for scientific study.
(4) Designated employees or agents of the Service or the Minnesota Department of Natural Resources
may take a gray wolf without a permit in Minnesota, in zones 2, 3, 4, and 5, as delineated in paragraph
(d)(l) of this section, in response to depredations by a gray wolf on lawfully present domestic animals:
Provided, that such taking must occur within one-half mile of the place where such depredation occurred
and must be performed in a humane manner: And provided further, that any young of the year taken on
or before August 1 of that year must be released.
(C) Any employee or agent of the Service or the Minnesota Department of Natural Resources, when
operating under a Cooperative Agreement with the Service signed in accordance with section 6(c) of the
Endangered Species Act of 1973, who is designated by the Service or the Minnesota Department of
Natural Resources for such purposes, may, when acting in the course of his or her official duties, take a
gray wolf in Minnesota to carry out scientific research or conservation programs.
(ii) Export and commercial transactions. Except as may be authorized by a permit issued under §17.32,
no person may sell or offer for sale in interstate commerce, import or export, or in the course of a
commercial activity transport, ship, carry, deliver, or receive any Minnesota gray wolf.

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(iii) Unlawfully taken wolves. No person may possess, sell, deliver, carry, transport, or ship, by any
means whatsoever, a gray wolf taken unlawfully in Minnesota, except that an employee or agent of the
Service, or any other Federal land management agency, or the Minnesota Department of Natural
Resources, who is designated by his/her agency for such purposes, may, when acting in the course of
his official duties, possess, deliver, carry, transport, or ship a gray wolf taken unlawfully in Minnesota.
(3) Permits. All permits available under §17.32 (General Permits—Threatened Wildlife) are available
with regard to the gray wolf in Minnesota. All the terms and provisions of §17.32 apply to such permits
issued under the authority of this paragraph (d)(3).
(e) African elephant ( Loxodonta africana )—(1) Definitions. For the purposes of this paragraph (e):
(i) African elephant shall mean any member of the species Loxodonta africana, whether live or dead,
and any part or product thereof.
(ii) Raw ivory means any African elephant tusk, and any piece thereof, the surface of which, polished or
unpolished, is unaltered or minimally carved.
(iii) Worked ivory means any African elephant tusk, and any piece thereof, which is not raw ivory.
(iv) Lip mark area means that area of a whole African elephant tusk where the tusk emerges from the
skull and which is usually denoted by a prominent ring of staining on the tusk in its natural state.
(2) Prohibitions. Except as provided in the exceptions in paragraph (e)(3) of this section, it shall be
unlawful for any person to:
(i) Import or export any African elephant,
(ii) Possess, sell or offer for sale, receive, deliver, transport ship, or export any African elephant which
was illegally imported into the United States,
(iii) Sell or offer for sale any sport-hunted trophy imported into the United States in violation of permit
conditions.
(3) Exceptions. (i) African elephants, other than sport-hunted trophies and raw and worked ivory, may be
imported or exported provided all permit requirements of 50 CFR parts 13 and 23 have been complied
with.
(ii) Ivory. (A) Raw or worked ivory (other than sport-hunted trophies) may be imported only if:
( 1 ) It is a bona fide antique of greater than 100 years of age on the day of import, or
( 2 ) It was exported from the United States after being registered with the U.S. Fish and Wildlife Service.
(B) Worked ivory may be exported in accordance with the permit requirements of 50 CFR parts 13 and
23.
(C) Raw ivory may not be exported from the United States for commercial purposes under any
circumstances.
(iii) Sport-hunted trophies may be imported into the United States provided:
(A) The trophy originates in a country for which the Service has received notice of that country's African
elephant ivory quota for the year of export;
(B) All of the permit requirements of 50 CFR parts 13 and 23 have been complied with;
(C) A determination is made that the killing of the animal whose trophy is intended for import would
enhance survival of the species; and

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(D) The trophy is legibly marked by means of punch-dies, under a marking and registration system
established by the country of origin, that includes the following information: Country of origin represented
by the two-letter code established by the International Organization for Standardization (see appendix A
to chapter I) followed by the registration number assigned to the last two digits of the year of registration
and the weight of raw ivory to the nearest kilogram. Any mark must be placed on the lip mark area and
indicated by a flash of color which serves as a background for such mark.
(f) Leopard. (1) Except as noted in paragraph (f)(2) of this section, all prohibitions of §17.31 of this part
and exemptions of §17.32 of this part shall apply to the leopard populations occurring in southern Africa
to the south of a line running along the borders of the following countries: Gabon/Rio Muni;
Gabon/Cameroon; Congo/Cameroon; Congo/Central African Republic; Zaire/Central African Republic;
Zaire/Sudan; Uganda/Sudan; Kenya/Sudan; Kenya/Ethiopia; Kenya/Somalia.
(2) A sport-hunted leopard trophy legally taken after the effective date of this rulemaking, from the area
south of the line delineated above, may be imported into the United States without a Threatened
Species permit pursuant to §17.32 of this part, provided that the applicable provisions of 50 CFR part 23
have been met.
(g) Utah prairie dog ( Cynomys parvidens ). (1) Except as noted in paragraph (g)(2) of this section, all
prohibitions of 50 CFR 17.31 (a) and (b), and exemptions of 50 CFR 17.32 shall apply to the Utah prairie
dog.
(2) A Utah prairie dog may be taken on private land throughout its range under a permit issued by the
Utah Division of Wildlife Resources, in accordance with the laws of the State of Utah, provided that such
taking does not exceed 6,000 animals annually and that such taking is confined to the period from June
1 to December 31. Records on permitted take maintained by the State shall be made available to the
U.S. Fish and Wildlife Service on request.
(3) If the Service receives substantive evidence that takings pursuant to paragraph (g)(2) of this section
are having an effect that is inconsistent with the conservation of the Utah prairie dog, the Service may
immediately prohibit or restrict such taking as appropriate for the conservation of the species.
(h) Mountain lion ( Felis concolor ). (1) Except as allowed in paragraphs (h)(2), (h)(3), and (h)(4) of this
section, no person shall take any free-living mountain lion ( Felis concolor ) in Florida.
(2) A mountain lion ( Felis concolor ) may be taken in this area under a valid threatened species permit
issued pursuant to 50 CFR 17.52.
(3) A mountain lion ( Felis concolor ) may be taken in Florida by an employee or designated agent of the
Service or the Florida Game and Fresh Water Fish Commission for taxonomic identification or other
reasons consistent with the conservation of the endangered Florida panther ( Felis concolor coryi ).
When it has been established by the Service, in consultation with the State, that an animal in question is
not a Florida panther ( Felis concolor coryi ) or an eastern cougar ( Felis concolor couguar ), such
animals may be removed from the wild. The disposition of animals so taken shall be at the discretion of
the Florida Game and Fresh Water Fish Commission, with the concurrence of the Fish and Wildlife
Service.
(4) Take for reasons of human safety is allowed as specified under 50 CFR 17.21(c)(2) and 17.21(c)(3)
(iv).
(5) Any take pursuant to paragraph (h)(4) of this section must be reported in writing to the U.S. Fish and
Wildlife Service, Division of Law Enforcement, P.O. Box 3247, Arlington, Virginia 22203, within 5 days.
The specimen may only be retained, disposed of, or salvaged in accordance with directions from the
Service.
(i) Louisiana black bear ( Ursus americanus luteolus ). (1) Except as noted in paragraph (i)(2) of this
section, all prohibitions of §17.31 and exemptions of §17.32 shall apply to any black bear within the
historic range of the Louisiana black bear (Texas, Louisiana and Mississippi).
(2) Subsection 17.40(i)(1) and §17.31 shall not prohibit effects incidental to normal forest management
activities within the historic range of the Louisiana black bear except for activities causing damage to or
loss of den trees, den tree sites or candidate den trees. For purposes of this exemption, normal forest
management activities are defined as those activities that support a sustained yield of timber products
and wildlife habitats, thereby maintaining forestland conditions in occupied habitat. For purposes of this

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special rule, candidate den trees are considered to be bald cypress and tupelo gum with visible cavities,
having a minimum diameter at breast height (DBH) of 36 inches, and occurring in or along rivers, lakes,
streams, bayous, sloughs, or other water bodies.
(3) This express exemption for normal forest management activities provided by this special rule is
subject to modification or withdrawal if the Service determines that this provision fails to further the
conservation of the Louisiana black bear.
(j) Argali ( Ovis ammon ) in Kyrgyzstan, Mongolia, and Tajikistan. (1) Except as noted in paragraph (j)(2)
of this section, all prohibitions of §17.31 of this part and exemptions of §17.32 of this part shall apply to
this species in Kyrgyzstan, Mongolia, and Tajikistan

(Note. In all other parts of its range the argali is classified as endangered and covered by
§17.21).
(2) Upon receiving from the governments of Kyrgyzstan, Mongolia, and Tajikistan properly documented
and verifiable certification that (i) argali populations in those countries are sufficiently large to sustain
sport hunting, (ii) regulating authorities have the capacity to obtain sound data on these populations, (iii)
regulating authorities recognize these populations as a valuable resource and have the legal and
practical capacity to manage them as such, (iv) the habitat of these populations is secure, (v) regulating
authorities can ensure that the involved trophies have in fact been legally taken from the specified
populations, and (vi) funds derived from the involved sport hunting are applied primarily to argali
conservation, the Director may, consistent with the purposes of the Act, authorize by publication of a
notice in theFederal Registerthe importation of personal sport-hunted argali trophies, taken legally in
Kyrgyzstan, Mongolia, and Tajikistan after the date of such notice, without a Threatened Species permit
pursuant to §17.32 of this part, provided that the applicable provisions of 50 CFR part 23 have been
met.
(k) Canada lynx ( Lynx canadensis ). (1) What lynx does this special rule apply to? The regulations in
this paragraph (k) apply to all wild and captive lynx in the contiguous United States.
(2) What activities are prohibited for wild lynx? All prohibitions and provisions of 50 CFR 17.31 and 17.32
apply to wild lynx found in the contiguous United States.
(3) What is considered a captive lynx? (i) For purposes of this paragraph (k), captive lynx means lynx,
whether alive or dead, and any part or product, if the specimen was in captivity at the time of the listing,
born in captivity, or lawfully imported or transported into the contiguous United States.
(ii) Lynx that were either born or held in captivity and then released into the wild are considered wild.
(4) What activities are allowed for captive lynx? (i) Take. You may take lawfully obtained captive lynx
without a permit.
(ii) Import and export. You may export captive live lynx, parts or products of captive lynx provided the
specimens are tagged with Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) export tags and/or accompanied by a valid CITES export permit. You may import
lawfully obtained lynx that originated outside the United States when you follow the requirements of
CITES.
(iii) Interstate commerce. You may deliver, receive, carry, transport, ship, sell, offer to sell, purchase, or
offer to purchase in interstate commerce captive lynx and captive lynx parts and products in accordance
with State or tribal laws and regulations. In addition, lynx pelts that are properly tagged with valid CITES
export tags also qualify for this exemption on interstate commerce.
(5) Are any activities not allowed or restricted for captive lynx? You must comply with all applicable State
and tribal laws and regulations. Violation of State or tribal law will also be a violation of the Act.
(l) Preble's meadow jumping mouse ( Zapus hudsonius preblei ). (1) What is the definition of take? To
harass, harm, pursue, hunt, shoot, wound, trap, kill, or collect; or attempt to engage in any such conduct.
Incidental take is that which occurs when it is incidental to and not the purpose of an otherwise lawful
activity. Any take that is not authorized by permit provided through section 7 or section 10 of the Act or
that is not covered by the exemptions described below is considered illegal take.

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(2) When is take of Preble's meadow jumping mice allowed? Take of Preble's meadow jumping mice
resulting from the following legally conducted activities, in certain circumstances as described below, is
allowed:
(i) Take under permits. Any person with a valid permit issued by the Service under §17.32 may take
Preble's meadow jumping mice pursuant to the terms of the permit.
(ii) Rodent control. Preble's meadow jumping mice may be taken incidental to rodent control undertaken
within 10 feet of or inside any structure. “Rodent control” includes control of mice and rats by trapping,
capturing, or otherwise physically capturing or killing, or poisoning by any substance registered with the
Environmental Protection Agency as required by the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136) and applied consistent with its labeling. “Structure” includes but is not limited to any
building, stable, grain silo, corral, barn, shed, water or sewage treatment equipment or facility, enclosed
parking structure, shelter, gazebo, bandshell, or restroom complex.
(iii) Established, ongoing agricultural activities. Preble's meadow jumping mice may be taken incidental
to agricultural activities, including grazing, plowing, seeding, cultivating, minor drainage, burning,
mowing, and harvesting, as long as these activities are established, ongoing activities and do not
increase impacts to or further encroach upon the Preble's meadow jumping mouse or its habitat. New
agricultural activities or those that expand the footprint or intensity of the activity are not considered to be
established, ongoing activities.
(iv) Maintenance and replacement of existing landscaping. Preble's meadow jumping mice may be taken
incidental to the maintenance and replacement of any landscaping and related structures and
improvements, as long as they are currently in place and no increase in impervious surfaces would
result from their maintenance and improvement. Construction of new structures or improvements or
expansion of the landscaping in a manner that increases impervious surfaces would not be considered
maintenance and replacement of existing landscaping.
(v) Existing uses of water. Preble's meadow jumping mice may be taken incidentally as a result of
existing uses of water associated with the exercise of perfected water rights pursuant to State law and
interstate compacts and decrees. (A “perfected water right” is a right that has been put to beneficial use
and has been permitted, decreed, or adjudicated pursuant to State law.) Increasing the use or altering
the location of use of an existing water right would not be considered an existing use of water.
(vi) Noxious weed control. Preble's meadow jumping mice may be taken incidental to noxious weed
control that is conducted in accordance with:
(A) Federal law, including Environmental Protection Agency label restrictions;
(B) Applicable State laws for noxious weed control;
(C) Applicable county bulletins;
(D) Herbicide application guidelines as prescribed by herbicide manufacturers; and
(E) Any future revisions to the authorities listed in paragraphs (l)(2)(vi)(A) through (D) of this section that
apply to the herbicides proposed for use within the species' range as specified in the fourth column of
the table in §17.11(h).
(vii) Ditch maintenance activities. Preble's meadow jumping mice may be taken incidental to normal and
customary ditch maintenance activities only if the activities:
(A) Result in the annual loss of no more than1/4mile of riparian shrub habitat per linear mile of ditch,
including burning of ditches that results in the annual loss of no more than1/4mile of riparian shrub
habitat per linear mile of ditch.
(B) Are performed within the historic footprint of the surface disturbance associated with ditches and
related infrastructure, and
(C) Follow the Best Management Practices described in paragraphs (l)(2)(vii)(C)( 1 ) through ( 3 ) of this
section.

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( 1 ) Persons engaged in ditch maintenance activities shall avoid, to the maximum extent practicable,
impacts to shrub vegetation. For example, if accessing the ditch for maintenance or repair activities from
an area containing no shrubs is possible, then damage to adjacent shrub vegetation shall be avoided.
( 2 ) Persons engaged in placement or sidecasting of silt and debris removed during ditch cleaning,
vegetation or mulch from mowing or cutting, and other material from ditch maintenance shall, to the
maximum extent practicable, avoid shrub habitat and at no time disturb more than1/4mile of riparian
shrub habitat per linear mile of ditch within any calendar year.
( 3 ) To the maximum extent practicable, all ditch maintenance activities should be carried out during the
Preble's hibernation season, November through April.
(D) All ditch maintenance activities carried out during the Preble's active season, May through October,
should be conducted during daylight hours only.
(E) Ditch maintenance activities that would result in permanent or long-term loss of potential habitat that
would not be considered normal or customary include replacement of existing infrastructure with
components of substantially different materials and design, such as replacement of open ditches with
pipeline or concrete-lined ditches, replacement of an existing gravel access road with a permanently
paved road, or replacement of an earthen diversion structure with a rip-rap and concrete structure, and
construction of new infrastructure or the movement of existing infrastructure to new locations, such as
realignment of a ditch, building a new access road, or installation of new diversion works where none
previously existed.
(3) When is take of Preble's not allowed? (i) Any manner of take not described under paragraph (l)(2) of
this section.
(ii) No person may import or export, ship in interstate commerce in the course of commercial activity, or
sell or offer for sale in interstate or foreign commerce any Preble's meadow jumping mice.
(iii) No person, except for an authorized person, may possess, sell, deliver, carry, transport, or ship any
Preble's meadow jumping mice that have been taken illegally.
(4) Where does this rule apply? The take exemptions provided by this rule are applicable within the
significant portion of the range of the Preble's meadow jumping mouse as specified in the fourth column
of the table in §17.11(h).
(m) Vicuña. This paragraph (m) applies to the threatened vicuña ( Vicugna vicugna).
(1) What activities involving vicuña are prohibited by this rule? (i) Appendix I populations. All provisions
of §17.31 (a) and (b) and §17.32 apply to vicuña and vicuña parts and products originating from
populations currently listed in Appendix I of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES).
(ii) Import, export, and re-export. Except as provided in paragraph (m)(2) of this section, you must not
import, export, or re-export, or present for export or re-export without valid CITES permits vicuña or
vicuña parts and products originating from populations listed in Appendix II of CITES.
(iii) Commercial activity. Except as provided in paragraph (m)(2) of this section, you must not sell or offer
for sale, deliver, receive, carry, transport, or ship in interstate or foreign commerce in the course of a
commercial activity vicuña or vicuña parts and products from populations listed in Appendix II of CITES.
(iv) It is unlawful for any person subject to the jurisdiction of the United States to commit, attempt to
commit, solicit to commit, or cause to be committed any acts described in paragraphs (m)(1)(ii)-(iii) of
this section.
(2) What activities involving vicuña are allowed by this rule? You may import, export, or re-export, or
place in interstate or foreign commerce, vicuña products, consisting of either raw fiber or items and cloth
made, or partially made, from vicuña fiber, without a threatened species permit issued according to
§17.32 only when the provisions in parts 13, 14, and 23 of this chapter and the requirements of the
applicable subparagraphs of this paragraph (m)(2) have been met:
(i) Import, export, or re-export. You may import, export, or re-export into or from the United States vicuña

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products, consisting of either raw fiber or items and cloth made, or partially made, from vicuña fiber
originating in a country authorized under paragraph (m)(4) of this section, provided the following
conditions are met:
(A) The vicuña product must comply with all CITES product annotations as given in the CITES
Secretariat's official list of the CITES Appendices, and all imports, exports, and re-exports of vicuña
products (including raw fiber re-exported from, or products manufactured in, intermediary countries)
must be identified as follows:
( 1 ) Cloth, cloth products, and other finished products (including luxury handicrafts and knitted articles
not produced in the country of origin): The reverse side of cloth, cloth products, and other finished
products (including luxury handicrafts and knitted articles not produced in the country of origin), and
samples of any of these items, must bear the logo adopted by countries signatory to the “Convenio para
la Conservación y Manejo de la Vicuña” and the words “VICUÑA—(Country of Origin),” where country of
origin is the name of the country where the vicuña fiber in the products originated, either Argentina,
Bolivia, Chile, or Peru. The logo and words may be woven into the item, or may be on a label sewn into
the item.
( 2 ) Luxury handicrafts and knitted articles produced in the country of origin: The luxury handicraft or
knitted article must bear the logo adopted by countries signatory to the “Convenio para la Conservación
y Manejo de la Vicuña” and the words “VICUÑA—(Country of Origin)—ARTESANIA,” where country of
origin is the name of the country where the vicuña fiber in the products, and the products themselves,
originated, either Argentina, Bolivia, Chile, or Peru. The logo and words may be woven into the item, or
may be on a label sewn into the item.
( 3 ) Bulk shipments of raw fiber: The bulk shipment of raw fiber must be sealed with a tamper-proof seal
and have the following:
( i ) An identification tag with a code identifying the country of origin of the vicuña fiber and the CITES
export permit number; and
( ii ) The logo adopted by countries signatory to the “Convenio para la Conservación y Manejo de la
Vicuña” and the words “VICUÑA—(Country of Origin),” where country of origin is the name of the
original exporting country where the vicuña fiber in the products originated, either Argentina, Bolivia,
Chile, or Peru.
(B) The shipment must be accompanied by a CITES permit or certificate that contains the following
information:
( 1 ) The country of origin, its export permit number, and date of issuance.
( 2 ) If re-export, the country of re-export, its certificate number, and date of issuance.
( 3 ) If applicable, the country of last re-export, its certificate number, and date of issuance.
(C) At the time of import, for each shipment covered by this exception, the country of origin and each
country of re-export involved in the trade of a particular shipment must have designated both a CITES
Management Authority and Scientific Authority, and have not been identified by the CITES Conference
of the Parties, the CITES Standing Committee, or in a Notification from the CITES Secretariat as a
country from which Parties should not accept permits. A listing of all countries that have not designated
both a Management Authority and Scientific Authority, or that have been identified as a country from
which Parties should not accept permits is available by writing: The Division of Management Authority,
ARLSQ Room 700, 4401 N. Fairfax Drive, U.S. Fish and Wildlife Service, Arlington, VA 22203. The list is
also on our website ( http://international.fws.gov ).
(ii) Noncommercial accompanying baggage. The conditions described in paragraph (m)(2)(i) of this
section also apply to noncommercial personal effects in accompanying baggage or household effects
from Appendix II populations. Such items are treated the same as Appendix II commercial shipments,
and must comply with the same documentary requirements. All other noncommercial personal effects in
accompanying baggage or household effects require both a CITES Appendix I permit and a permit as
described in §17.32.
(iii) Embryos, gametes, blood, other tissue samples, and live animals. This special rule does not apply to
embryos, gametes, blood, or other tissue samples of vicuña, or to live vicuña. Import of such specimens

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requires an import permit as described in §17.32 in addition to CITES Appendix I import and export
permits, and will be issued only for bona fide scientific research contributing to conservation of the
species in the wild.
(3) When and how will the Service inform the public of additional restrictions in trade of vicuña? Except
in rare cases involving extenuating circumstances that do not adversely affect the conservation of the
species, we will issue an information notice that identifies a restriction on trade in specimens of vicuña
addressed in this paragraph (m) if any of the following criteria are met:
(i) The country is listed in a Notification to the Parties by the CITES Secretariat as lacking a designated
Management or Scientific Authority that issues CITES documents or their equivalent.
(ii) The country is identified in any action adopted by the Conference of the Parties to the Convention,
the Convention's Standing Committee, or in a Notification issued by the CITES Secretariat, whereby
Parties are asked not to accept shipments of specimens of any CITES-listed species from the country in
question.
(iii) The Service's Division of Scientific Authority administratively determines that the conservation or
management status of threatened vicuña populations in a range country has changed, such that
continued recovery of the vicuña population in that country may be compromised, as a result of one or
more of the following factors:
(A) A change in range country laws or regulations that lessens protection for vicuña;
(B) A change in range country management programs that lessens protection for vicuña;
(C) A documented decline in wild vicuña population numbers;
(D) A documented increase in poaching of vicuña;
(E) A documented decline in vicuña habitat quality or quantity; or
(F) Other natural or man-made factors affecting the species' recovery.
(iv) A listing of all countries that have not designated both a Management Authority and Scientific
Authority, or that have been identified as a country from which Parties should not accept permits is
available by writing: The Division of Management Authority, ARLSQ Room 700, 4401 N. Fairfax Drive,
U.S. Fish and Wildlife Service, Arlington, VA 22203. The list is also on our website
( http://international.fws.gov ).
(4) What must vicuña range countries do in order to be authorized under the special rule to export to the
United States? —(i) Annual Report. Range country governments (Argentina, Bolivia, Chile, and Peru)
wishing to export specimens of vicuña to the United States will need to provide an annual report
containing the most recent information available on the status of the species, following the information
guidelines specified below. The first submission of a status report will be required as of July 1, 2003, and
every year thereafter on the anniversary of that date. For each range country, the following information
should be provided in the annual report:
(A) A description of any revisions to the management program, especially any changes in management
approaches or emphasis;
(B) New information obtained in the last year on vicuña distribution, population status, or population
trends, for the country as a whole or for specific protected areas, and a detailed description of the
methodology used to obtain such information;
(C) Results of any research projects concluded in the last year on the biology of vicuña in the wild,
particularly its population biology, habitat use, and genetics, and a description of any new research
projects undertaken on the biology of vicuña in the wild, particularly its population biology, habitat use,
and genetics;
(D) A description of any changes to national and/or provincial laws and programs relating to vicuña
conservation, in particular those laws and regulations related to harvest and use of the vicuña, and
export of vicuña parts and products;

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(E) A description of any changes in the number or size of natural reserves or national parks that provide
protected habitat for the vicuña;
(F) A summary of law enforcement activities undertaken in the last year, and a description of any
changes in programs to prevent poaching, smuggling, and illegal commercialization of the vicuña;
(G) A description of the current management and harvest (or “sustainable use”) programs for wild
populations of the vicuña, including: any changes in the location and population size of wild populations
being managed for sustainable use; any changes in the harvest management practices being used for
each population; any changes in current harvest quotas for wild populations, if any; any changes in
protocols for translocations undertaken as part of the use program; a summary of the specific financial
costs of and revenues generated by the sustainable use program over the last year; and a summary of
documented conservation benefits resulting from the sustainable use program over the last year;
(H) A description of current management and harvest (or “sustainable use”) programs for captive and
so-called “semi-captive” populations of the vicuña, including: any changes in the number and location of
all captive and “semi-captive” populations; any changes in the size (ha) of each captive enclosure and
the number of vicuña maintained therein; any changes in protocols for translocations undertaken as part
of the use program; a summary of the financial costs of and revenues generated by the sustainable use
program over the last year; and documented conservation benefits resulting from the sustainable use
program over the last year (information on captive and “semi-captive” populations must be separate from
that provided for wild populations); and
(I) Export data for the last year.
(ii) The Service's Division of Scientific Authority will conduct a review every 2 years, using information in
the annual reports, to determine whether range country management programs are effectively achieving
conservation benefits for the vicuña. Failure to submit an annual report could result in a restriction on
trade in specimens of vicuña as addressed in paragraph (m)(3) of this section. Based on information
contained in the annual reports and any other pertinent information it has available, the Service may
restrict trade from a range country, as addressed in paragraph (m)(3) of this section, if it determines that
the conservation or management status of threatened vicuña populations in a range country has
changed, such that continued recovery of the vicuña population in that country may be compromised.
Trade restrictions may result from one or more of the following factors:
(A) A change in range country laws or regulations that lessens protection for vicuña;
(B) A change in range country management programs that lessens protection for vicuña;
(C) A documented decline in wild vicuña population numbers;
(D) A documented increase in poaching of vicuña;
(E) A documented decline in vicuña habitat quality or quantity; or
(F) Other natural or man-made factors affecting the species' recovery.
(n)–(o) [Reserved]
(p) Northern sea otter ( Enhydra lutris kenyoni ).
(1) To what population of sea otter does this special rule apply? The regulations in paragraph (p) of this
section apply to the southwest Alaska distinct population segment (DPS) of the northern sea otter as set
forth at §17.11(h) of this part.
(2) What provisions apply to this DPS? Except as noted in paragraph (p)(3) of this section, all
prohibitions and provisions of §§17.31 and 17.32 of this part apply to the southwest Alaska DPS of the
northern sea otter.
(3) What additional activities are allowed for this DPS? In addition to the activities authorized under
paragraph (p)(2) of this section, you may conduct any activity authorized or exempted under the Marine
Mammal Protection Act (16 U.S.C. 1361 et seq. ) with a part or product of a southwest Alaska DPS
northern sea otter, provided that:

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(i) The product qualifies as an authentic native article of handicrafts or clothing as defined in §17.3 of this
part; and
(A) It was created by an Indian, Aleut, or Eskimo who is an Alaskan
Native, and
(B) It is not being exported or imported for commercial purposes; or
(ii) The part or product is owned by an Indian, Aleut, or Eskimo who is an Alaskan Native and resides in
Alaska, or by a Native inhabitant of Russia, Canada, or Greenland, and is part of a cultural exchange; or
(iii) The product is owned by a Native inhabitant of Russia, Canada, or Greenland, and is in conjunction
with travel for noncommercial purposes; or
(iv) The part or product has been received or acquired by a person registered as an agent or tannery
under §18.23 of this subchapter.
(4) What other wildlife regulations may apply? All applicable provisions of 50 CFR parts 14, 18, and 23
must be met.
(q) Polar bear ( Ursus maritimus ).
(1) Except as noted in paragraphs (q)(2) and (q)(4) of this section, all prohibitions and provisions of
§§17.31 and 17.32 of this part apply to the polar bear.
(2) None of the prohibitions in §17.31 of this part apply to any activity that is authorized or exempted
under the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq., the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES), or both, provided that the
person carrying out the activity has complied with all terms and conditions that apply to that activity
under the provisions of the MMPA and CITES and their implementing regulations.
(3) All applicable provisions of 50 CFR parts 14, 18, and 23 must be met.
(4) None of the prohibitions in §17.31 of this part apply to any taking of polar bears that is incidental to,
but not the purpose of, carrying out an otherwise lawful activity within the United States, except for any
incidental taking caused by activities in areas subject to the jurisdiction or sovereign rights of the United
States within the current range of the polar bear.
[40 FR 44415, Sept. 26, 1975]
Editorial Note: ForFederal Registercitations affecting §17.40, see the List of CFR Sections Affected,
which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 17.41 Special rules—birds.
(a) Bald eagles ( Haliaeetus leucocephalus ) wherever listed as threatened under §17.11(h). All
provisions of §§17.31 and 17.32 apply to any threatened bald eagle, with the following exceptions:
(1) The Service will consider any permit that we issue for bald eagles under §21.22 (banding and
marking permits) or part 22 of this chapter (permits for certain activities with bald or golden eagles) to
satisfy all requirements of §17.31 and the permits we issue under §17.32.
(2) The Service will not require a second permit under §17.32 for any activity that is covered by a permit
issued under §21.22 or part 22 of this chapter.
(3) The Service will require a permit under §17.32 for any activity that is not covered by a permit issued
under §21.22 or part 22 of this chapter.
(b) Coastal California gnatcatcher ( Polioptila californica californica ). (1) Except as noted in paragraphs
(b)(2) and (3) of this section, all prohibitions of §17.31(a) and (b) shall apply to the coastal California

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gnatcatcher.
(2) Incidental take of the coastal California gnatcatcher will not be considered a violation of section 9 of
the Endangered Species Act of 1973, as amended (Act), if it results from activities conducted pursuant
to the State of California's Natural Community Conservation Planning Act of 1991 (NCCP), and in
accordance with a NCCP plan for the protection of coastal sage scrub habitat, prepared consistent with
the State's NCCP Conservation and Process Guidelines, provided that:
(i) The NCCP plan has been prepared, approved, and implemented pursuant to California Fish and
Game Code sections 2800–2840; and
(ii) The Fish and Wildlife Service (Service) has issued written concurrence that the NCCP plan meets the
standards set forth in 50 CFR 17.32(b)(2). The Service shall issue its concurrence pursuant to the
provisions of the Memorandum of Understanding (MOU), dated December 4, 1991, between the
California Department of Fish and Game and the Service regarding coastal sage scrub natural
community conservation planning in southern California. (Copies of the State's NCCP Conservation and
Process Guidelines and the MOU are available from the U.S. Fish and Wildlife Service, Carlsbad Field
Office, 2730 Loker Avenue West, Carlsbad, CA 92008.) The Service shall monitor the implementation of
the NCCP plan and may revoke its concurrence under this paragraph (b)(2)(ii) if the NCCP plan, as
implemented, fails to adhere to the standards set forth in 50 CFR 17.32(b)(2).
(3) During the period that a NCCP plan referred to in paragraph (b)(2) of this section is being prepared,
incidental take of the coastal California gnatcatcher will not be a violation of section 9 of the Act if such
take occurs within an area under the jurisdiction of a local government agency that is enrolled and
actively engaged in the preparation of such a plan and such take results from activities conducted in
accordance with the NCCP Conservation Guidelines and Process Guidelines.
(4) The Service will monitor the implementation of the NCCP Conservation and Process Guidelines as a
whole, and will conduct a review every 6 months to determine whether the guidelines, as implemented,
are effective in progressing toward or meeting regional and subregional conservation objectives during
the interim planning period. If the Service determines that the guidelines are not effecting adequate
progress toward or meeting regional and subregional conservation objectives, the Service will consult
with the California Department of Fish and Game pursuant to the MOU to seek appropriate modification
of the guidelines or their application as defined therein. If appropriate modification of the guidelines or
their application as defined therein does not occur, the Service may revoke the interim take provisions of
this special rule on a subregional or subarea basis. The Service will publish the findings for revocation in
theFederal Registerand provide for a 30-day public comment period prior to the effective date for
revoking the provisions of the special rule in a particular area. Revocation would result in the
reinstatement of the take prohibitions set forth under 50 CFR 17.31(a) and (b) in the affected NCCP
area.
[43 FR 6233, Feb. 14, 1978, as amended at 58 FR 65095, Dec. 10, 1993; 60 FR 36010, July 12, 1995;
72 FR 37372, July 9, 2007; 73 FR 23970, May 1, 2008]

§ 17.42 Special rules—reptiles.
(a) American alligator ( Alligator mississippiensis )—(1) Definitions. For purposes of this paragraph (a)
the following definitions apply:
(i) American alligator means any specimen of the species Alligator mississippiensis , whether alive or
dead, including any skin, part, product, egg, or offspring thereof held in captivity or from the wild.
(ii) The definitions of crocodilian skins and crocodilian parts in §23.70(b) of this subchapter apply to this
paragraph (a).
(2) Taking. No person may take any American alligator, except:
(i) Any employee or agent of the Service, any other Federal land management agency, or a State
conservation agency, who is designated by the agency for such purposes, may, when acting in the
course of official duties, take an American alligator.
(ii) Any person may take an American alligator in the wild, or one which was born in captivity or lawfully
placed in captivity, and may deliver, receive, carry, transport, ship, sell, offer to sell, purchase, or offer to
purchase such alligator in interstate or foreign commerce, by any means whatsoever and in the course

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of a commercial activity in accordance with the laws and regulations of the State of taking subject to the
following conditions:
(A) Any skin of an American alligator may be sold or otherwise transferred only if the State or Tribe of
taking requires skins to be tagged by State or tribal officials or under State or tribal supervision with a
Service-approved tag in accordance with the requirements in part 23 of this subchapter; and
(B) Any American alligator specimen may be sold or otherwise transferred only in accordance with the
laws and regulations of the State or Tribe in which the taking occurs and the State or Tribe in which the
sale or transfer occurs.
(3) Import and export . Any person may import or export an American alligator specimen provided that it
is in accordance with part 23 of this subchapter.
(4) Recordkeeping . (i) Any person not holding an import/export license issued by the Service under part
14 of this subchapter and who imports, exports, or obtains permits under part 23 of this subchapter for
the import or export of American alligator shall keep such records as are otherwise required to be
maintained by all import/export licensees under part 14 of this subchapter. Such records shall be
maintained as in the normal course of business, reproducible in the English language, and retained for 5
years from the date of each transaction.
(ii) Subject to applicable limitations of law, duly authorized officers at all reasonable times shall, upon
notice, be afforded access to examine such records required to be kept under paragraph (a)(4)(i) of this
section, and an opportunity to copy such records.
(b) Green sea turtle ( Chelonia mydas ), loggerhead sea turtle ( Caretta caretta ), olive ridley sea turtle
( Lepidochelys olivacea ) (these do not include the populations listed as endangered in §17.11).
(1) Prohibitions. Subject to the permits allowable under the following paragraph (b)(2) of this section, all
of the provisions set forth in §17.31 (which incorporate portions of §17.21) shall apply to this wildlife with
the following exceptions:
(i) Section 17.21(c)(2) (self-defense) is not applicable.
(ii) In §17.21(c)(3)(i), the word “orphaned” is replaced by the word “stranded.”
(iii) Delete §17.21(c)(3)(iv) (Wildlife threatening human safety).
(iv) [Reserved]
(v) The prohibition against taking shall not apply to incidental catches, as specified in 50 CFR 227.72(e).
(vi) The prohibition against taking within the United States or the territorial sea of the United States shall
not apply to subsistence taking, as specified in 50 CFR 227.72(f).
(2) Permits. (i) For those activities which come under the jurisdiction of the Service, only permits for
scientific purposes, enhancement of propagation or survival, zoological exhibition or educational
purposes, are available under §17.32. Procedures for issuance of permits are found in §17.32 and, for
those activities which come under the jurisdiction of the National Marine Fisheries Service, subpart E of
part 220. All the provisions of §17.32 apply to permits issued by the Service.
(c) Threatened crocodilians —(1) What are the definitions of terms used in this paragraph (c)?
(i) Threatened crocodilian means any live or dead specimen of the following species: yacare caiman
( Caiman yacare ), common caiman ( Caiman crocodilus crocodilus ), brown caiman ( Caiman crocodilus
fuscus , including Caiman crocodilus chiapasius ), saltwater crocodile ( Crocodylus porosus ) originating
in Australia (also referred to as Australian saltwater crocodile), and Nile crocodile ( Crocodylus
niloticus ).
(ii) The definitions of crocodilian skins and crocodilian parts in §23.70(b) and re-export in §23.5 of this
subchapter apply to this paragraph (c).

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(2) What activities involving threatened crocodilians are prohibited by this rule?
(i) All provisions of §§17.31 and 17.32 apply to live specimens, including viable eggs, of all threatened
crocodilians and to any specimen of the Appendix-I Nile crocodile.
(ii) Except as provided in paragraph (c)(2)(i) of this section, the following prohibitions apply to threatened
crocodilians.
(A) Import, export, and re-export. Except as provided in paragraph (c)(3) of this section, it is unlawful to
import, export, or re-export, or attempt to import, export, or re-export without valid permits as required
under parts 17 and 23 of this subchapter any threatened crocodilians, including their skins, parts, and
products.
(B) Commercial activity . Except as provided in paragraph (c)(3) of this section, it is unlawful, in the
course of a commercial activity, to sell or offer for sale, deliver, receive, carry, transport, or ship in
interstate or foreign commerce any threatened crocodilians, including their skins, parts, and products.
(C) It is unlawful for any person subject to the jurisdiction of the United States to commit, attempt to
commit, solicit to commit, or cause to be committed any acts described in paragraphs (c)(2)(i) and (c)(2)
(ii)(A) and (B) of this section.
(3) What activities involving threatened crocodilians are allowed by this rule? Except as provided in (c)
(2)(i), you may import, export, or re-export, or sell or offer for sale, deliver, receive, carry, transport, or
ship in interstate or foreign commerce and in the course of a commercial activity, threatened crocodilian
skins, parts, and products without a threatened species permit otherwise required under §17.32 provided
the requirements of parts 13, 14, and 23 of this subchapter and the requirements of paragraphs (c)(3)
and (4) of this section have been met.
(i) Skins and parts . Except as provided in (c)(3)(ii) of this section, the import, export, or re-export of
threatened crocodilian skins and crocodilian parts is allowed provided the following conditions are met:
(A) Each crocodilian skin and crocodilian part imported, exported, or re-exported must be tagged or
labeled in accordance with §23.70 of this subchapter.
(B) Any countries re-exporting crocodilian skins or parts must have implemented an administrative
system for the effective matching of imports and re-exports.
(C) If a shipment contains more than 25 percent replacement tags, the U.S. Management Authority will
consult with the Management Authority of the re-exporting country before clearing the shipment. Such
shipments may be seized if we determine that the requirements of the Convention have not been met.
(D) The country of origin and any intermediary country(s) must be effectively implementing the
Convention. If we receive persuasive information from the CITES Secretariat or other reliable sources
that a specific country is not effectively implementing the Convention, we will prohibit or restrict imports
from such country(s) as appropriate for the conservation of the species.
(ii) Meat, skulls, scientific specimens, products, and noncommercial personal or household effects. The
tagging requirements in paragraph (c)(3)(i) of this section for skins and parts do not apply to the import,
export, or re-export of threatened crocodilian meat, skulls, scientific specimens, or products or to the
noncommercial import, export, or re-export of personal effects in accompanying baggage or household
effects.
(4) When and how will the Service inform the public of additional restrictions in trade of threatened
crocodilians? Except in rare cases involving extenuating circumstances that do not adversely affect the
conservation of the species, the Service will issue an information bulletin (posted on our websites,
http://www.fws.gov/le and http://www.fws.gov/international ) announcing additional restrictions on trade
of specimens of threatened crocodilians if any of the following criteria are met:
(i) The country is listed in a Notification to the Parties by the CITES Secretariat as not having designated
Management and Scientific Authorities.
(ii) The country is identified in any action adopted by the Conference of the Parties to the Convention,
the Standing Committee, or in a Notification issued by the CITES Secretariat, whereby Parties are asked

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not to accept shipments of specimens of any CITES species from the country in question or of any
crocodilian species listed in the CITES Appendices.
(iii) We determine, based on information from the CITES Secretariat or other reliable sources, that the
country is not effectively implementing the provisions of the Convention.
(5) Reporting requirements for yacare caiman range countries .
(i) Biennial reports . Range countries (Argentina, Bolivia, Brazil, and Paraguay) wishing to export
specimens of yacare caiman to the United States for commercial purposes must provide a biennial
report containing the most recent information available on the status of the species. The first submission
of a status report will be required as of December 31, 2001, and every 2 years thereafter on the
anniversary of that date. For each range country, all of the following information must be included in the
report.
(A) Recent distribution and population data, and a description of the methodology used to obtain such
estimates.
(B) Description of research projects currently being conducted related to the biology of the species in the
wild, particularly reproductive biology (for example, age or size when animals become sexually mature,
number of clutches per season, number of eggs per clutch, survival of eggs, survival of hatchlings).
(C) Description of laws and programs regulating harvest, including approximate acreage of land set
aside as natural reserves or national parks that provide protected habitat for yacare caiman.
(D) Description of current sustainable harvest programs, including ranching (captive rearing of
specimens collected from the wild as eggs or juveniles) and farming (captive-breeding) programs.
(E) Current harvest quotas for wild populations.
(F) Export data for the last 2 years. Information should be organized according to the source of
specimens such as wild-caught, captive-reared, or captive-bred.
(ii) Review and restrictions . The U.S. Scientific Authority will conduct a review every 2 years, using
information in the biennial reports and other available information, to determine whether range country
management programs are effectively achieving conservation benefits for the yacare caiman. Based on
the best available information, we may restrict trade from a range country if we determine that the
conservation or management status of threatened yacare caiman populations has changed, such that
continued recovery of the population in that country may be compromised. Trade restrictions, as
addressed in paragraph (c)(4) of this section, may be implemented based on one or more of the
following factors:
(A) Failure to submit the reports described above, or failure to respond to requests for additional
information.
(B) A change in range country laws or regulations that lessens protection for yacare caiman.
(C) A change in range country management programs that lessens protection for the species.
(D) A documented decline in wild population numbers.
(E) A documented increase in poaching.
(F) A documented decline in habitat quality or quantity.
(G) Other natural or manmade factors affecting the species' recovery.
(d) Blue-tailed mole skink ( Eumeces egregius lividus ) and sand skink ( Neoseps reynoldsi ). (1) No
person shall take these species, except in accordance with applicable State fish and wildlife
conservation laws and regulations for educational purposes, scientific purposes, the enhancement or
survival of the species, zoological exhibition, and other conservation purposes consistent with the Act.

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(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to
taking of these species is also a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatever, any such species taken in violation of applicable State fish and wildlife conservation laws or
regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraph (c) (1) through (3) of this section.
(5) Taking of these species for purposes other than those described in paragraph (c)(1) of this section,
including taking incidental to carrying out otherwise lawful activities, is prohibited except when permitted
under §§17.23 and 17.32.
(e) Desert tortoise ( Gopherus agassizii )—(1) Definition. For the purposes of this paragraph (e) “desert
tortoise” shall mean any member of the species Gopherus agassizii, whether alive or dead, and any
part, product, egg, or offspring thereof, found outside of Arizona (south and east of the Colorado River)
and Mexico, regardless of natal origin or place of removal from the wild.
(2) Applicable provisions. The provisions of §17.31–17.32 shall apply to any desert tortoise subject to
this paragraph (e).
(f) Bog turtle ( Clemmys muhlenbergii ), southern population—(1) Definitions of terms. For the purposes
of this paragraph (f): Bog turtle of the southern population means any member of the species Clemmys
muhlenbergii, within Georgia, North Carolina, South Carolina, Tennessee and Virginia, regardless of
whether in the wild or captivity, and also applies to the progeny of any such turtle.
(2) Prohibitions. Except as provided in paragraph (f)(3) of this section, the provisions of Sec. 17.31 (a)
and (b) of this part applies to bog turtles of the southern population (see also 50 CFR part 23).
(3) Take. Incidental take, that is, take that results from, but is not the purpose of, carrying out an
otherwise lawful activity, does not apply to bog turtles of the southern population.
(g) [Reserved]
[42 FR 2076, Jan. 10, 1977, as amended at 43 FR 32809, July 28, 1978; 44 FR 59084, Oct. 12, 1979;
45 FR 17589, Mar. 19, 1980; 45 FR 78154, Nov. 25, 1980; 48 FR 46336, Oct. 12, 1983; 50 FR 25678,
June 20, 1985; 50 FR 45409, Oct. 31, 1985; 52 FR 21063, June 4, 1987; 52 FR 42662, Nov. 6, 1987; 55
FR 12191, Apr. 2, 1990; 61 FR 32366, June 24, 1996; 62 FR 59622, Nov. 4, 1997; 65 FR 25879, May 4,
2000; 72 FR 48446, Aug. 23, 2007]

§ 17.43 Special rules—amphibians.
(a) San Marcos salamander ( Eurycea nana ). (1) All provisions of §17.31 apply to this species, except
that it may be taken in accordance with applicable State law.
(2) Any violation of State law will also be a violation of the Act.
(b) Chiricahua leopard frog ( Rana chiricahuensis ).
(1) What activities are prohibited? Except as noted in paragraph (b)(2) of this section, all prohibitions of
§17.31 will apply to the Chiricahua leopard frog.
(2) What activities are allowed on private, State, or Tribal land? Incidental take of the Chiricahua leopard
frog will not be considered a violation of section 9 of the Act, if the take results from livestock use at or
maintenance activities of livestock tanks located on private, State, or Tribal lands. A livestock tank is
defined as an existing or future impoundment in an ephemeral drainage or upland site constructed
primarily as a watering site for livestock.
(c) California tiger salamander ( Ambystoma californiense ).
(1) Which populations of the California tiger salamander are covered by this special rule? This rule

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covers the California tiger salamander ( Ambystoma californiense ) rangewide.
(2) What activities are prohibited? Except as noted in paragraph (c)(3) of this section, all prohibitions of
§17.31 will apply to the California tiger salamander.
(3) What activities are allowed on private or Tribal land? Incidental take of the California tiger
salamander will not be a violation of section 9 of the Act, if the incidental take results from routine
ranching activities located on private or Tribal lands. Routine ranching activities include, but are not
limited to, the following:
(i) Livestock grazing according to normally acceptable and established levels of intensity in terms of the
number of head of livestock per acre of rangeland;
(ii) Control of ground-burrowing rodents using poisonous grain according to the labeled directions and
local, State, and Federal regulations and guidelines (The use of toxic or suffocating gases is not exempt
from the prohibitions due to their nontarget-specific mode of action.);
(iii) Control and management of burrow complexes using discing and grading to destroy burrows and fill
openings;
(iv) Routine management and maintenance of stock ponds and berms to maintain livestock water
supplies (This exemption does not include the intentional introduction of species into a stock pond that
may prey on California tiger salamander adults, larvae, or eggs.);
(v) Routine maintenance or construction of fences for grazing management;
(vi) Planting, harvest, or rotation of unirrigated forage crops as part of a rangeland livestock operation;
(vii) Maintenance and construction of livestock management facilities such as corrals, sheds, and other
ranch outbuildings;
(viii) Repair and maintenance of unimproved ranch roads (This exemption does not include
improvement, upgrade, or construction of new roads.);
(ix) Discing of fencelines or perimeter areas for fire prevention control;
(x) Placement of mineral supplements; and
(xi) Control and management of noxious weeds.
(d) California red-legged frog ( Rana aurora draytonii ). (1) Which populations of the California redlegged frog are covered by this special rule? This rule covers the California red-legged frog ( Rana
aurora draytonii ) rangewide.
(2) What activities are prohibited? Except as noted in paragraph (d)(3) of this section, all prohibitions of
§17.31 will apply to the California red-legged frog.
(3) What activities are allowed on private or Tribal land? Incidental take of the California red-legged frog
will not be a violation of section 9 of the Act, if the incidental take results from routine ranching activities
located on private or Tribal lands. Routine ranching activities include, but are not limited to, the following:
(i) Livestock grazing according to normally acceptable and established levels of intensity in terms of the
number of head of livestock per acre of rangeland;
(ii) Control of ground-burrowing rodents using poisonous grain according to the labeled directions and
local, State, and Federal regulations and guidelines (In areas where California red-legged frogs and
California tiger salamanders coexist, the use of toxic or suffocating gases is not exempt from the
prohibitions due to their nontarget-specific mode of action.);
(iii) Control and management of burrow complexes using discing and grading to destroy burrows and fill
openings (This exemption does not apply to areas within 0.7 mi (1.2 km) of known or potential California

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red-legged frog breeding ponds.);
(iv) Routine management and maintenance of stock ponds and berms to maintain livestock water
supplies (This exemption does not include the intentional introduction of species into a stock pond
(including non-native fish and bullfrogs) that may prey on California red-legged frog adults, larvae, or
eggs.);
(v) Routine maintenance or construction of fences for grazing management;
(vi) Planting, harvest, or rotation of unirrigated forage crops as part of a rangeland livestock operation;
(vii) Maintenance and construction of livestock management facilities such as corrals, sheds, and other
ranch outbuildings;
(viii) Repair and maintenance of unimproved ranch roads (This exemption does not include
improvement, upgrade, or construction of new roads.);
(ix) Discing of fencelines or perimeter areas for fire prevention control;
(x) Placement of mineral supplements; and
(xi) Control and management of noxious weeds.
[40 FR 44415, Sept. 26, 1975, as amended at 45 FR 47363, July 14, 1980; 67 FR 40811, June 13,
2002; 69 FR 47248, Aug. 4, 2004; 71 FR 19293, Apr. 13, 2006]

§ 17.44 Special rules—fishes.
(a) Lahontan cutthroat trout, Paiute cutthroat trout, and Arizona trout ( Salmo clarki henshawi, Salmo
clarki seleniris, and Salmo apache ). (1) All the provisions of §17.31 apply to these species, except that
they may be taken in accordance with applicable State law.
(2) Violation of State law will also be a violation of the Act.
(b) Bayou darter ( Etheostoma rubrum ). (1) All the provisions of §17.31 apply to this species, except
that they may be taken in accordance with applicable State law.
(2) Any violation of State law will also be a violation of the Act.
(c) Slender chub ( Hybopsis cahni ), spotfin chub ( Erimonax monachus ), slackwater darter
( Etheostoma boschungi ), and yellowfin madtom ( Noturus flavipinnis ). (1) All the provisions of §17.31
apply to these species, except that they may be taken in accordance with applicable State law.
(2) Any violation of State law will also be a violation of the Act.
(d) Leopard darter ( Percina pantherina ). (1) All provisions of §17.31 apply to this species, except that it
may be taken in accordance with applicable State law.
(2) Any violation of State law will also be a violation of the Act.
(e) Little Kern golden trout ( Salmo aguabonita whitei ). (1) All provisions of §17.31 apply to this species,
except that it may be taken in accordance with applicable State law.
(2) Any violation of State law will also be a violation of the Act.
(f) Greenback cutthroat trout ( Salmo clarki stomias ). (1) All provisions of §17.31 apply to this species,
except that it may be taken in accordance with applicable State law.
(2) Any violation of State law will also be a violation of the Act.

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(g) Chihuahua chub ( Gila nigrescens). (1) All provisions of §17.31 apply to this species, except that it
may be taken in accordance with applicable State law.
(2) Any violation of State law will also be a violation of the Endangered Species Act.
(h) Yaqui catfish ( Ictalurus pricei ) and beautiful shiner ( Notropis formosus ). (1) All provisions of §17.31
apply to these species, except that they may be taken for educational, scientific, or conservation
purposes in accordance with applicable Arizona State laws and regulations.
(2) Any violation of State law will also be a violation of the Endangered Species Act.
(i) Big Spring spinedace ( Lepidomeda mollispinis pratensis ). (1) All the provisions of §17.31 apply to
this species, except that it may be taken in accordance with applicable State fish and wildlife
conservation laws and regulations in the following instances: educational purposes, scientific purposes,
the enhancement of propagation or survival of the species, zoological exhibition, and other conservation
purposes consistent with the Act.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to this
species will also be a violation of the Endangered Species Act.
(j) Hutton tui chub ( Gila bicolor subspecies) and Foskett speckled dace ( Rhinichthys osculus
subspecies). (1) No person shall take these species, except in accordance with applicable State fish and
wildlife conservation laws and regulations in the following instances: for educational purposes, scientific
purposes, the enhancement of propagation or survival of the species, zoological exhibition, and other
conservation purposes consistent with the Act.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to the
taking of these species will also be a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of these regulations or in violation of applicable State
fish and wildlife conservation laws or regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (j) (1) through (3) of this section.
(k) Niangua darter, Etheostoma nianguae. (1) No person shall take the species, except in accordance
with applicable State fish and wildlife conservation laws and regulations in the following instances:
educational purposes, scientific purposes, the enhancement of propagation or survival of the species,
zoological exhibition, and other conservation purposes consistent with the Act.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to the
taking of this species will also be a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of these regulations or in violation of applicable State
fish and wildlife conservation laws or regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (k) (1) through (3) of this section.
(l) Warner sucker ( Catostomus warnerensis ). (1) No person shall take the species, except in
accordance with applicable State fish and wildlife conservation laws and regulations in the following
instances:
(i) For educational purposes, scientific purposes, the enhancement of propagation or survival of the
species, zoological exhibition, and other conservation purposes consistent with the Act;
(ii) Incidental to State-permitted recreational fishing activities, provided that the individual fish taken is
immediately returned to its habitat.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to the

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taking of this species will also be a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of these regulations or in violation of applicable State
fish and wildlife laws or regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (l) (1) through (3) of this section.
(m) Desert dace ( Eremichthys acros ). (1) No person shall take the species, except in accordance with
applicable State fish and wildlife conservation laws and regulations in the following instances: For
educational purposes, scientific purposes, the enhancement of propagation or survival of the species,
zoological exhibition, and other conservation purposes consistent with the Act.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to the
taking of this species will also be a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of applicable State fish and wildlife conservation laws or
regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (m) (1) through (3) of this section.
(n) Railroad Valley springfish ( Crenichthys nevadae ). (1) No person shall take the species, except in
accordance with applicable State fish and wildlife conservation laws and regulations in the following
instances: for educational purposes, scientific purposes, the enhancement of propagation or survival of
the species, zoological exhibition, and other conservation purposes consistent with the Act.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to the
taking of this species will also be a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of these regulations or in violation of applicable State
fish and wildlife conservation laws or regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (n) (1) through (3) of this section.
(o) Sonora chub ( Gila ditaenia ). (1) No person shall take the species, except in accordance with
applicable State fish and wildlife conservation laws and regulations in the following instances:
(i) For educational purposes, scientific purposes, the enhancement of propagation or survival of the
species, zoological exhibition, and other conservation purposes consistent with the Act; or,
(ii) Incidental to State-permitted recreational fishing activities, provided that the individual fish taken is
immediately returned to its habitat.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to the
taking of this species will also be a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of these regulations or in violation of applicable State
fish and wildlife conservation laws or regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (o) (1) through (3) of this section.
(p) Spikedace ( Meda fulgida ). (1) No person shall take the species, except in accordance with
applicable State fish and wildlife conservation laws and regulations in the following instances:
(i) For educational purposes, scientific purposes, the enhancement of propagation or survival of the

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species, zoological exhibition, and other conservation purposes consistent with the Act; or,
(ii) Incidental to State permitted recreational fishing activities, provided that the individual fish taken is
immediately returned to its habitat.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to
taking of this species is also a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever any such species taken in violation of these regulations or in violation of applicable State
fish and wildlife conservation laws or regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (p) (1) through (3) of this section.
(q) Loach minnow ( Rhinicthys (=Tiaroga) cobitis ). (1) No person shall take the species, except in
accordance with applicable State fish and wildlife conservation laws and regulations in the following
instances: (i) For educational purposes, scientific purposes, the enhancement of propagation or survival
of the species, zoological exhibition, and other conservation purposes consistent with the Act or, (ii)
incidental to State permitted recreational fishing activities, provided that the individual fish taken is
immediately returned to its habitat.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to the
taking of this species is also a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever any such species taken in violation of these regulations or in violation of applicable State
fish and wildlife conservation laws or regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (q) (1) through (3) of this paragraph.
(r) Pecos bluntnose shiner ( Notropis simus pecosensis ). (1) No person shall take the species, except in
accordance with applicable State fish and wildlife conservation laws and regulations in the following
instances:
(i) For educational purposes, scientific purposes, the enhancement of propagation or survival of the
species, zoological exhibition, and other conservation purposes consistent with the Act; or,
(ii) Incidental to State permitted recreational fishing activities, provided that the individual fish taken is
immediately returned to its habitat.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to
taking of this species will also be a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever any such species taken in violation of these regulations or in violation of applicable State
fish and wildlife conservation laws or regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (r) (1) through (3) of this section.
(s) Waccamaw Silverside ( Menidia extensa ). (1) No person shall take the species, except in
accordance with applicable State fish and wildlife conservation laws and regulations.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to the
taking of this species will also be a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of these regulations or in violation of applicable State
fish and wildlife conservation laws or regulations.

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(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (s) (1) through (3) of this section.
(t) Little Colorado spinedace ( Lepidomeda vittata ). (1) No person shall take this species, except in
accordance with applicable State Fish and Wildlife conservation laws and regulations in the following
instances: for educational purposes, scientific purposes, the enhancement of propagation or survival of
the species, zoological exhibition, and other conservation purposes consistent with the Act.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to the
taking of this species is also a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of these regulations or in violation of applicable State
fish and wildlife conservation laws or regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (t) (1) through (3) of this section.
(u) Pygmy sculpin ( Cottus pygmaeus ). The City of Anniston Water Works and Sewer Board will
continue to use Coldwater Spring as a municipal water supply. Pumpage may remove all spring flow in
excess of 3 cubic feet per second (1,938,000 gallons per day).
(v) Gulf sturgeon ( Acipenser oxyrhynchus desotoi ). (1) No person shall take this species, except in
accordance with applicable State fish and wildlife conservation laws and regulations for educational
purposes, scientific purposes, the enhancement of propagation or survival of the species, zoological
exhibition, or other conservation purposes consistent with the Act.
(2) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to
taking of this species is also a violation of the Endangered Species Act.
(3) No person shall possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatever, any of this species taken in violation of applicable State fish and wildlife conservation laws or
regulations.
(4) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (v)(1) through (3) of this section.
(5) Taking of this species for purposes other than those described in paragraph (v)(1) of this section,
including taking incidental to otherwise lawful activities, is prohibited except when permitted under 50
CFR 17.32.
(w) What species are covered by this special rule? Bull trout ( Salvelinus confluentus ), wherever found
in the coterminous lower 48 States, except in the Jarbidge River Basin in Nevada and Idaho (see 50
CFR 17.44(x)).
(1) What activities do we prohibit? Except as noted in paragraph (w)(2) of this section, all prohibitions of
50 CFR 17.31 and exemptions of 50 CFR 17.32 shall apply to the bull trout in the coterminous United
States as defined in paragraph (w) of this section.
(i) No person may possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of this section or in violation of applicable State,
National Park Service, and Native American Tribal fish and conservation laws and regulations.
(ii) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense listed in this special rule.
(2) What activities do we allow? In the following instances you may take this species in accordance with
applicable State, National Park Service, and Native American Tribal fish and wildlife conservation laws
and regulations, as constituted in all respects relevant to protection of bull trout in effect on November 1,
1999:
(i) Educational purposes, scientific purposes, the enhancement of propagation or survival of the species,
zoological exhibition, and other conservation purposes consistent with the Act; or

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(ii) Fishing activities authorized under State, National Park Service, or Native American Tribal laws and
regulations;
(3) How does this rule relate to State protective regulations? Any violation of applicable State, National
Park Service, or Native American Tribal fish and wildlife conservation laws or regulations with respect to
the taking of this species is also a violation of the Endangered Species Act.
(x) Bull trout ( Salvelinus confluentus ), Jarbidge River population segment. (1) Prohibitions. Except as
noted in paragraph (x)(2) of this section, all prohibitions of 50 CFR 17.31 and exemptions of 50 CFR
17.32 apply to the bull trout in the Jarbidge River population segment within the United States.
(2) Exceptions. No person may take this species, except in the following instances in accordance with
applicable State fish and wildlife conservation laws and regulations relevant to protection of bull trout in
effect on April 8, 1999.
(i) For educational purposes, scientific purposes, the enhancement of propagation or survival of the
species, zoological exhibition, and other conservation purposes consistent with the Act;
(ii) Incidental to State-permitted recreational fishing activities, provided that any bull trout caught are
immediately returned to the stream.
(iii) The exceptions in paragraphs (x)(2) (i) and (ii) of this section will be in effect until April 9, 2001. At
that time, all take prohibitions of the Act will be reinstated for the Jarbidge River population segment
unless exceptions to take prohibitions are otherwise provided through a subsequent special rule.
(3) Any violation of applicable State fish and wildlife conservation laws or regulations with respect to the
taking of this species is also a violation of the Endangered Species Act.
(4) No person may possess, sell, deliver, carry, transport, ship, import, or export, any means
whatsoever, any such species taken in violation of this section or in violation of applicable State fish and
conservation laws and regulations.
(5) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be
committed, any offense defined in paragraphs (x)(2) through (4) of this section.
(y) Beluga sturgeon . This paragraph applies to the threatened beluga sturgeon ( Huso huso ).
(1) How are various terms defined in this special rule? In addition to the definitions specified in §10.12 of
subchapter B of this chapter, we define certain terms that specifically apply to beluga sturgeon trade and
this special rule as follows:
Aquacultured beluga sturgeon products. Eggs, larvae, fingerlings, or other products derived from Huso
huso captive-bred or grown in captivity for commercial purposes starting at least at the F1 generation in
captivity ( i.e. , captive-bred for at least one generation).
Beluga caviar. Processed unfertilized eggs from female Huso huso intended for human consumption,
including products containing such eggs (e.g., cosmetics).
Beluga meat. Excised muscle tissue of Huso huso destined for human consumption.
Black Sea. The contiguous waters of the Black Sea and the Sea of Azov.
CITES. The Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Export. The transport of a beluga sturgeon specimen out of its country of origin.
Hatchery-origin beluga sturgeon. Specimens of Huso huso captive-bred solely in the littoral states,
primarily for reintroduction and stock enhancement purposes. Such specimens can occur in the natural
marine environment of the littoral states.
Live or living beluga sturgeon. Any living specimen of Huso huso , including viable unfertilized or

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fertilized eggs, larvae, fingerlings, juveniles, and adults.
Littoral states. Azerbaijan, Bulgaria, Georgia, Islamic Republic of Iran, Kazakhstan, Romania, Russian
Federation, Serbia and Montenegro, Turkey, Turkmenistan, and Ukraine.
Re-export. Export of beluga sturgeon specimens that were previously imported.
Wild beluga sturgeon. Specimens of Huso huso born and reared in the natural marine environment
within the current or former geographic range of the species.
(2) What activities involving beluga sturgeon are affected by this rule? (i) International trade in beluga
sturgeon. Except as provided in paragraphs (y)(3) and (y)(5) of this section, all prohibitions and
provisions of §§17.31(a) and 17.32 apply to the international trade in beluga sturgeon, including its parts
and derivatives. Live beluga sturgeon remain subject to all the prohibitions and provisions of §§17.31(a)
and 17.32.
(ii) Trade without CITES documents. Except as provided in paragraph (y)(3) of this section, you may not
import, export, or re-export, or present for export or re-export, beluga sturgeon or beluga sturgeon
products without valid CITES permits and other permits and licenses issued under parts 13, 17, and 23
of this chapter.
(iii) Commercial activity. Except as provided in paragraphs (y)(3) and (5) of this section and §17.32, you
may not sell or offer for sale, deliver, receive, carry, transport, or ship in interstate or foreign commerce
in the course of a commercial activity any beluga sturgeon or beluga sturgeon products.
(iv) It is unlawful for any person subject to the jurisdiction of the United States to commit, attempt to
commit, solicit to commit, or cause to be committed any acts described in paragraphs (y)(2)(ii) and (iii) of
this section.
(3) What activities are exempted from threatened species permits by this rule? (i) Import, export or reexport, and interstate and foreign commerce involving certain caviar and meat obtained from beluga
sturgeon. You may import, export or re-export, or conduct interstate or foreign commerce in beluga
sturgeon caviar and meat without a threatened species permit issued according to §17.32 only if the
caviar and meat are derived from wild or hatchery-origin beluga sturgeon that were caught and
processed in the littoral states, or the caviar and meat are exempt from permits because they originate
from qualifying aquaculture facilities outside of littoral states ( see paragraph (y)(5) of this section). Also,
the provisions in parts 13, 14, and 23 of this chapter and the following requirements must be met:
(A) Except for caviar contained in cosmetics, any beluga caviar must comply with all CITES labeling
requirements, as defined in relevant Resolutions or Decisions of the Conference of the Parties, including
beluga caviar in interstate commerce in the United States. All individuals or businesses in the United
States wishing to engage in domestic interstate commerce of beluga sturgeon caviar must follow the
CITES caviar-labeling requirements.
(B) The shipment must be accompanied by a valid CITES permit or certificate upon import, export, or reexport.
(C) For each shipment covered by this exemption, the country of origin and each country of re-export,
and the country of import involved in the trade of a particular shipment, must have designated both a
CITES Management Authority and Scientific Authority, and have not been identified by the CITES
Conference of the Parties, the CITES Standing Committee, or in a Notification from the CITES
Secretariat as a country from which Parties should not accept permits for beluga sturgeon or all CITESlisted species in general.
(D) The littoral state from which the beluga sturgeon caviar or meat originated has complied with all of
the requirements shown in paragraph (y)(4) of this section, and none of the exporting, importing, or reexporting countries involved in the commercial activity has been subject to an administrative trade
restriction or suspension as outlined in paragraphs (y)(6) and (7) of this section.
(E) Any relevant aquaculture facility located outside of a littoral state has complied with all of the
requirements shown in paragraph (y)(5) of this section.
(ii) Import and re-export of non-commercial personal or household effects. You may import, export or re-

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export, or conduct interstate or foreign commerce in beluga sturgeon personal or household effects
without a threatened species permit issued according to §17.32. Also, for CITES permits, Article VII.3. of
CITES recognizes a limited exemption for the international movement of personal and household
effects, including specimens of beluga sturgeon.
(A) Stricter national measures. The exemption for personal and household effects does not apply if a
country prohibits or restricts the import, export, or re-export of the item.
( 1 ) You or your shipment must be accompanied by any document required by a country under its
stricter national measures.
( 2 ) In the United States, you must obtain any permission needed under other regulations in this
subchapter.
(B) Required CITES documents. You must obtain a CITES document for personal or household effects
and meet the requirements of this part if one of the following applies:
( 1 ) The Management Authority of the importing, exporting, or re-exporting country requires a CITES
document.
( 2 ) You or your shipment does not meet all of the conditions for an exemption as provided in
paragraphs (y)(3)(ii)(C) and (D) of this section.
( 3 ) The personal or household effect exceeds 250 grams of beluga caviar. To import, export, or reexport more than 250 grams, you must have a valid CITES document for the entire quantity.
(C) Personal effects. You do not need a CITES document to import, export, or re-export any part,
product, derivative, or manufactured article of a legally acquired beluga sturgeon specimen to or from
the United States if all of the following conditions are met:
( 1 ) No living beluga sturgeon is included.
( 2 ) You personally own and possess the item for non-commercial purposes, including any item
intended as a personal gift.
( 3 ) The item and quantity of items are reasonably necessary or appropriate for the nature of your trip or
stay.
( 4 ) You are either wearing the item as clothing or an accessory or taking it as part of your personal
baggage, which is being carried by you or checked as baggage on the same plane, boat, car, or train as
you.
( 5 ) The item was not mailed or shipped separately.
(D) Household effects. You do not need a CITES document to import, export, or re-export any part,
product, derivative, or manufactured article of a legally acquired beluga sturgeon specimen that is part of
a shipment of your household effects when moving your residence to or from the United States, if all of
the following conditions are met:
( 1 ) No living beluga sturgeon is included.
( 2 ) You personally own the item and are moving it for non-commercial purposes.
( 3 ) The item and quantity of items are reasonably necessary or appropriate for household use.
( 4 ) You import, export, or re-export your household effects within 1 year of changing your residence
from one country to another.
( 5 ) The shipment, or shipments if you cannot move all of your household effects at one time, contains
only items purchased, inherited, or otherwise acquired before you moved your residence.

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(E) Trade restrictions. Regardless of the provisions above for personal and household effects, any trade
suspension or trade restriction administratively imposed by the Service under paragraphs (y)(6) or (7) of
this section could also apply to personal and household effects of beluga caviar.
(4) What must beluga sturgeon littoral states do to be authorized under the special rule to export to the
United States? The following requirements apply to the littoral states wishing to export beluga caviar or
beluga meat to the United States without the need for a threatened species permit issued under §17.32.
These requirements apply to all shipments of beluga caviar and beluga meat that originate in the littoral
states, even if the shipments are re-exported to the United States via an intermediary country. ( See
paragraph (y)(7) of this section for more information on the Service's biennial reviews under the special
rule.)
(i) Basin-wide beluga sturgeon management plans. By September 6, 2005, each littoral state wishing to
export beluga caviar or beluga meat to the United States without the need for a threatened species
permit issued under §17.32 must submit to the Service's Division of Scientific Authority a copy of a
cooperative management plan for its respective basin ( i.e. , Black Sea or Caspian Sea) that addresses
Huso huso conservation. Each of these two basin-wide management plans must be agreed to by all of
the littoral states (not just exporting nations) in the Black Sea or the Caspian Sea, as appropriate. Upon
receipt, the Division of Scientific Authority will review these basin-wide management plans within 90
days for completeness and clarity. If any elements of the management plans are missing or unclear, we
will ask the appropriate littoral states to provide additional information within 60 days of the date we
contact them. If the littoral states fail to respond or fail to submit basin-wide management plans by the
specified deadline, or if we are unable to confirm that all littoral states are signatories to those plans, we
will immediately suspend trade with all littoral states in the given basin (Caspian Sea or Black Sea) until
we are satisfied that such management plans exist. Submission of documents in English may help
expedite the Service's review. These cooperative management plans must contain the following
elements:
(A) A clear statement of the recovery and management objectives of the plan, including a specification of
the stock(s) concerned, a definition of what constitutes over-fishing for that stock, and a rebuilding
objective and schedule for that stock;
(B) A statement of standard regulations and habitat improvement strategies (e.g., size limits, target
harvest rates, quotas, seasons, fishing gear, effort caps, fish passage improvement, water quality
controls) to be utilized by the nations involved;
(C) A complete statement of the specific regulatory, monitoring, and research requirements that each
cooperating nation must implement to be in compliance with the management plan;
(D) A complete description of how stock survey data and fisheries data are used to establish annual
catch and export quotas, including a full explanation of any models used and the assumptions
underlying those models;
(E) Procedures under which the nations may implement and enforce alternative management measures
that achieve the same conservation benefits for beluga sturgeon as the standards mentioned in
paragraph (y)(4)(i)(B) of this section; and
(F) A complete schedule by which nations must take particular actions to be in compliance with the plan.
(ii) National regulations. By September 6, 2005, each littoral state wishing to export beluga caviar or
beluga meat to the United States under this special rule must provide the Service's Division of Scientific
Authority with copies of national legislation and regulations that implement the basin-wide cooperative
management plan described in paragraph (y)(4)(i) of this section, including regulations pertaining to the
harvest, trade, aquaculture, restocking, and processing of beluga sturgeon. Upon receipt, the Division of
Scientific Authority will review these national laws and regulations within 90 days for completeness and
clarity. If any elements of the national legislation or national fishery regulations are missing or unclear,
we will ask the appropriate littoral states to provide additional information within 60 days of the date we
contact them. If the littoral states fail to respond or fail to submit copies of national laws and regulations
by the specified deadline, we will immediately suspend trade with the given littoral states until we are
satisfied that such laws and regulations are in effect. Submission of documents in English may help
expedite the Service's review.
(iii) Caviar labeling. All caviar shipments imported into the United States must follow the CITES caviarlabeling requirements as agreed to in the relevant Resolutions and Decisions of the CITES Parties.
Current labeling requirements can be obtained by contacting the Division of Management Authority,

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Branch of Permits—International, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 700,
Arlington, VA 22203.
(iv) CITES compliance. Except as provided in paragraph (y)(3)(ii) of this section, all shipments of beluga
sturgeon specimens, including those exempted from threatened species permits under this special rule,
will require accompanying valid CITES permits and certificates upon import, export, or re-export.
(v) Initial reporting period. Until September 6, 2005, no threatened species permits will be required for
the import, export, re-export, or interstate or foreign commerce of beluga sturgeon caviar and meat that
originated in the littoral states, in order to provide the littoral states time to submit the required
documentation. After this 6-month period, the exemption from threatened species permits will continue
only while the Service reviews littoral state compliance with paragraphs (y)(4)(i) through (iv) of this
section. If this review demonstrates that the provisions of this special rule are not met, the Service will
announce and institute trade restrictions or suspensions in beluga sturgeon caviar or meat with one or
more littoral states as per paragraph (y)(7) of this section.
(vi) Biennial reports. Littoral state governments wishing to export specimens of beluga sturgeon caviar or
meat to the United States under this special rule must provide to the Service's Division of Scientific
Authority reports containing the most recent information available on the status of the species, following
the information guidelines specified below. The Service must receive the first report no later than
December 1, 2005, and every 2 years thereafter on the anniversary of that date. Starting in December
2005, and thereafter on a biennial basis, the Service will review the national reports within 90 days of
receiving them and any other pertinent information on wild beluga sturgeon conservation. If any
elements of the biennial reports are missing or unclear, the Service will ask the appropriate littoral states
to provide additional information within 60 days of the date we contact them. If the littoral states fail to
respond or fail to submit biennial reports by the specified deadline, we will immediately suspend trade
with the given littoral states ( see paragraph (y)(7) of this section for details on how such a suspension
would be instituted and announced). Submission of documents in English may help expedite the
Service's review. We propose to use these reviews to determine whether littoral state management
programs are leading to recovery of wild beluga sturgeon stocks. For each littoral state, the following
information must be provided in the biennial reports:
(A) A description of the specific fishery regulations that affect the harvest of Huso huso in the respective
littoral state, with any changes from the previous report highlighted;
(B) A description of any revisions to the cooperative management program mentioned in paragraph (y)
(4)(i) of this section, including any new models, assumptions, or equations used to set harvest and
export quotas;
(C) New information obtained in the last 2 years on beluga sturgeon distribution, stock size, models used
for quota-setting, spawning activity, habitat use, hatchery programs and results, or other relevant
subjects;
(D) A summary of law enforcement activities undertaken in the last 2 years, and a description of any
changes in programs to prevent poaching and smuggling, including indicators of their effectiveness;
(E) A summary of the revenues generated by the commercial exploitation of beluga sturgeon in the
respective littoral state, and a summary of any documented conservation benefits resulting from the
commercial harvest program in that country (e.g., revenues allocated to hatchery and restocking
programs or research programs); and
(F) Export data for the previous two calendar years.
(5) Can aquacultured beluga sturgeon products be exempt from threatened species permits if the
products originate outside the littoral states? We will consider exemptions from threatened species
permits for beluga caviar and meat obtained from aquaculture facilities outside the littoral states. These
exemptions will be for individual facilities, and would allow aquacultured beluga caviar and meat
originating from these facilities to be imported, exported, re-exported, or traded in interstate and foreign
commerce without threatened species permits issued under Section 10 of the Act. Aquaculture facilities
within the United States could also be exempt from prohibitions against take for purposes of harvesting
caviar or meat ( i.e. , killing of beluga sturgeon), or for conducting activities involving research to
enhance the survival or propagation of the species. Facilities outside the littoral states wishing to obtain
such exemptions must submit a written request to the Division of Management Authority, Branch of
Permits—International, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 700, Arlington, VA
22203, and provide to the Service's Division of Scientific Authority, in Room 750 at the same address,

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information that shows, at a minimum, all of the following:
(i) The facility in question is using best management practices to prevent the escape of beluga sturgeon
and disease pathogens into local ecosystems, as certified by the relevant regulatory agency. In the case
of the United States, the relevant regulatory authority will be the state agency with jurisdiction over
aquaculture. In the case of foreign aquaculture facilities outside the littoral states, the relevant regulatory
agency will be the designated CITES Management Authority with jurisdiction over sturgeon. Best
management practices that affect the applicant's facility must be part of the application and available for
Service review.
(ii) The facility in question has entered into a formal agreement with one or more littoral states to study,
protect, or otherwise enhance the survival of wild beluga sturgeon. Copies of such agreements must be
provided.
(iii) The facility in question does not rely on wild beluga sturgeon for broodstock. Proof of broodstock
origin, including relevant CITES permits that accompanied broodstock specimens upon import into the
United States, must be part of the application.
(iv) Exemptions granted under paragraph (y)(5) of this section shall not apply to trade (import, export, reexport, or interstate and foreign commerce) in live beluga sturgeon, and may be revoked at any time if
the Service determines that any of the criteria shown in paragraphs (y)(5)(i) through (iii) of this section
are not met by the facility. Applicants will be required to submit biennial reports on their compliance with
paragraphs (y)(5)(i) through (iii) of this section, starting on the second anniversary of any programmatic
exemption granted to the applicants. These biennial reports must show that exempted facilities have
actively cooperated with one or more littoral states in a meaningful way to support beluga sturgeon
conservation. Any beluga caviar originating from aquaculture facilities outside the littoral states must
comply with CITES caviar-labeling requirements, even in interstate commerce within the United States.
We will publish an information notice if the Service grants a programmatic exemption to any aquaculture
facility outside the littoral states, and announce such actions through our website and posting notices at
our wildlife ports of entry. We will follow the provisions of paragraph (y)(7) of this section to announce
restrictions or revocations of such programmatic exemptions, based on our review of facilities' biennial
reports.
(6) How will the Service inform the public of CITES restrictions on trade in beluga sturgeon? We will
issue an information bulletin that identifies a restriction or suspension of trade in specimens of beluga
sturgeon and post it on our websites ( http://le.fws.gov and http://international.fws.gov ) and at our
staffed wildlife ports of entry if any criterion in paragraphs (y)(6)(i) or (ii) of this section is met:
(i) The country is lacking a designated Management Authority or Scientific Authority for the issuance of
valid CITES documents or their equivalent for beluga sturgeon.
(ii) The country is identified in any action adopted by the CITES Conference of the Parties, the CITES
Standing Committee, or in a Notification to the Parties issued by the CITES Secretariat as a country
from which Parties are asked not to accept shipments of specimens of beluga sturgeon or all CITESlisted species.

Note to paragraph (y)(6): A listing of all countries that have not designated either a
Management Authority or Scientific Authority, or that have been identified as countries from
which Parties should not accept permits, is available by writing to: Division of Management
Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 700, Arlington, Virginia
22203.
(7) How will the Service set trade restrictions or prohibitions under the special rule? The Service's
Division of Scientific Authority will conduct a biennial review of beluga sturgeon conservation based on
information in the cooperative basin-wide management plans, national regulations and laws, and
biennial reports (submitted as per paragraph (y)(4) of this section, and, for aquaculture facilities, as per
paragraph (y)(5)(iv) of this section). We will combine that review with a review of other relevant
information (e.g., scientific literature, law enforcement data, government-to-government consultations) to
determine whether littoral state management programs and aquaculture operations are effectively
achieving conservation benefits for beluga sturgeon. Based on this information, or the failure to obtain it,
the Service may restrict or prohibit trade from a littoral state, a re-exporting intermediary country, or an
entire basin ( i.e. , the Caspian Sea or Black Sea) or a specific aquaculture facility outside the littoral
states if we determine that the conservation or management status of beluga sturgeon has been
adversely affected and the continued recovery of beluga sturgeon may be compromised. The decision to
restrict or prohibit trade in beluga sturgeon products on a national, basin, or region-wide scale will

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depend on the scope of the problem observed, the magnitude of the threat to wild beluga sturgeon, and
whether remedial action is necessary at a national, basin, or region-wide scale.
(i) Trade restrictions or suspensions will result basin-wide, for specific littoral states, or for non-littoral
state aquaculture facilities under one or more of the following scenarios:
(A) Failure to submit any of the reports, legislation, and management plans described in paragraph (y)(4)
of this section, or failure to respond to requests for additional information;
(B) A change in regional cooperative management that threatens the recovery of wild beluga sturgeon;
(C) A change in littoral state laws or regulations that compromises beluga sturgeon recovery or survival
in the wild;
(D) Adoption of scientifically unsound hatchery practices or restocking programs for beluga sturgeon;
(E) A decline in wild Huso huso populations, as documented in national reports outlined above or the
scientific literature, that goes unaddressed by regional or national management programs;
(F) Failure to address poaching or smuggling in beluga sturgeon, their parts, or products in the littoral
states or re-exporting countries, as documented in national reports described above or other law
enforcement sources;
(G) Failure of the littoral states to address the loss of beluga sturgeon habitat quality or quantity;
(H) Failure of the littoral states or re-exporting countries to follow the caviar-labeling recommendations of
the CITES Parties (currently embodied in Resolution Conf. 12.7);
(I) Recommendations from the CITES Standing Committee to suspend trade in beluga sturgeon from
one or more countries; or
(J) An aquaculture facility outside the littoral states has been issued a programmatic exemption from
threatened species permits under paragraph (y)(5) of this section, but is not abiding by the provisions of
paragraphs (y)(5)(i) through (iii) of this section, or, based on the biennial reports required under
paragraph (y)(5) of this section, has not actively cooperated with one or more littoral states in a
meaningful way to support beluga sturgeon conservation.
(K) Any other natural or human-induced phenomenon that threatens the survival or recovery of beluga
sturgeon.
(ii) We will publish an information notice in theFederal Register,as well as on our Web site and at our
wildlife ports of entry, if the Service's Division of Scientific Authority administratively suspends or restricts
trade in beluga sturgeon products after determining that wild beluga sturgeon stock status worsens or
threats to the species increase. This information notice will provide:
(A) The problem(s) identified in the biennial reports or other salient documents.
(B) The scope of the problem and the number of nations involved.
(C) The scope of the trade restriction or suspension we are imposing, including products covered,
duration of the restriction or suspension, and criteria for lifting it and reinstating any exemption to
threatened species permits.
(D) How the public can provide input, make comments, and recommend remedial action to withdraw the
trade measures imposed.
(z) Gila trout ( Oncorhynchus gilae ). (1) Except as noted in paragraph (z)(2) of this section, all
prohibitions of 50 CFR 17.31 and exemptions of 50 CFR 17.32 apply to the Gila trout.
(i) No person may possess, sell, deliver, carry, transport, ship, import, or export, by any means
whatsoever, any such species taken in violation of this section or in violation of applicable fish and

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conservation laws and regulations promulgated by the States of New Mexico or Arizona.
(ii) It is unlawful for any person to attempt to commit, solicit another to commit, or cause to be committed
any offense listed in paragraph (z)(1)(i) of this section.
(2) In the following instances you may take Gila trout in accordance with applicable State fish and wildlife
conservation laws and regulations to protect this species in the States of New Mexico or Arizona:
(i) Fishing activities authorized under New Mexico or Arizona laws and regulations; and
(ii) Educational purposes, scientific purposes, the enhancement of propagation or survival of the
species, zoological exhibition, and other conservation purposes consistent with the Endangered Species
Act.
(3) The four relict populations of Gila trout (Main Diamond Creek, South Diamond Creek, Spruce Creek,
and Whiskey Creek) will not be opened to fishing.
(4) Any changes to State recreational fishing regulations will be made by the States in collaboration with
the Service.
(5) Any violation of State applicable fish and wildlife conservation laws or regulations with respect to the
taking of this species is also a violation of the Endangered Species Act of 1973, as amended.
(aa) Shovelnose sturgeon ( Scaphirhynchus platorynchus ). (1) Within the geographic areas set forth in
paragraph (aa)(2) of this section, except as expressly noted in this paragraph, take of any shovelnose
sturgeon, shovelnose-pallid sturgeon hybrids, or their roe associated with or related to a commercial
fishing activity is prohibited. Capture of shovelnose sturgeon or shovelnose-pallid sturgeon hybrids in
commercial fishing gear is not prohibited if it is accidental or incidental to otherwise legal commercial
fishing activities, such as commercial fishing targeting nonsturgeon species, provided the animal is
released immediately upon discovery, with all roe intact, at the point of capture.
(2) The shovelnose and shovelnose-pallid sturgeon hybrid populations covered by this special rule occur
in portions of Arkansas, Iowa, Illinois, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana,
North Dakota, Nebraska, South Dakota, and Tennessee. The specific areas are:
(i) The portion of the Missouri River in Iowa, Kansas, Missouri, Montana, North Dakota, Nebraska, and
South Dakota;
(ii) The portion of the Mississippi River downstream from the Melvin Price Locks and Dam (Lock and
Dam 26) in Arkansas, Illinois, Kentucky, Louisiana, Missouri, Mississippi, and Tennessee;
(iii) The Platte River downstream of the Elkhorn River confluence in Nebraska;
(iv) The portion of the Kansas River downstream from the Bowersock Dam in Kansas;
(v) The Yellowstone River downstream of the Bighorn River confluence in North Dakota and Montana;
and
(vi) The Atchafalaya River in Louisiana.
(3) A map showing the area covered by this special rule (the area of shared habitat between shovelnose
and pallid sturgeon) follows:

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View or download PDF
[40 FR 44415, Sept. 26, 1975]
Editorial Note: ForFederal Registercitations to §17.44, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and on GPO Access.

§ 17.45 Special rules—snails and clams. [Reserved]
§ 17.46 Special rules—crustaceans.
(a) Madison Cave isopod ( Antrolana lira ). (1) All provisions of §17.31 (a) and (b) apply to this species
except that it may be taken for scientific purposes without Federal permits issued pursuant to these
regulations: Provided, that all other Federal, State, or local laws, regulations, ordinances or other
restrictions or limitations have been complied with.
(b) [Reserved]
[47 FR 43701, Oct. 4, 1982]

§ 17.47 [Reserved]
§ 17.48 Special rules—common sponges and other forms. [Reserved]
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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations

e-CFR Data is current as of October 1, 2010
Title 50: Wildlife and Fisheries
PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS
Subpart G—Threatened Plants
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§ 17.72 Permits—general.
Upon receipt of a complete application, the Director may issue a permit authorizing any activity
otherwise prohibited with regard to threatened plants. The permit shall be governed by the provisions of
this section unless a special rule applicable to the plant is provided in §§17.73 to 17.78. A permit issued
under this section must be for one of the following: scientific purposes, the enhancement of the
propagation or survival of threatened species, economic hardship, botanical or horticultural exhibition,
educational purposes, or other activities consistent with the purposes and policy of the Act. Such a
permit may authorize a single transaction, a series of transactions, or a number of activities over a
specified period of time.
(a) Application requirements. A person wishing to get a permit for an activity prohibited by §17.71
submits an application to conduct activities under this paragraph. For interstate commerce activities the
seller gets the permit for plants coming from cultivated stock and the buyer gets the permit if the plants
are taken from the wild. The Service provides Form 3–200 for the application or you may submit the
general information and certification required by §13.12(a) of this subchapter. Application requirements
differ for permits issued for plants taken from the wild (excluding seeds), seeds and cultivated plants, or
herbarium specimens. You must attach the following information and any other information requested by
the Director.
(1) For activities involving plants obtained from the wild (excluding seeds), provide the following
information:
(i) The scientific names of the plants sought to be covered by the permit;
(ii) The estimated number of specimens sought to be covered by the permit;
(iii) The year, country, and approximate place where taking occurred or will occur;
(iv) If the activities would involve removal and reduction to possession of a plant from an area under
Federal jurisdiction, the year, State, county or any other description such as place name, township, and
range designation that will precisely place the location where the proposed removal and reduction to
possession will occur, the name of the Federal entity having jurisdiction over the area and the name,
title, address, and phone number of the person in charge of the area.
(v) A brief description of the applicant's expertise and facilities as related to the proposed activity;
(vi) A justification of the activities sought to be authorized by the permit and the relationship of such
activities to scientific purposes, enhancing the propagation or survival of the species, or other objectives
consistent with the purposes and policy of the Act; and
(vii) A statement of the applicant's willingness to participate in a cooperative propagation program, and
to maintain or contribute data relating to such efforts.

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(2) For activities involving seeds obtained from the wild and cultivated plants, provide the following
information:
(i) The scientific names of the plants sought to be covered by the permit;
(ii) A statement of the applicant's willingness to participate in a cooperative propagation program, and to
maintain or contribute data relating to the success of such efforts; and
(iii) A justification of the activities sought to be authorized by the permit and the relationship of such
activities to scientific purposes, enhancing the propagation or survival of the species, or other objectives
consistent with the purposes and policy of the Act.
(iv) If the activities would involve removal and reduction to possession of seeds from an area under
Federal jurisdiction, the year, State, county, or any other description such as place name, township, and
range designation that will precisely place the location where the proposed removal and reduction to
possession will occur, the name of the Federal entity having jurisdiction over the area and the name,
title, address, and phone number of the person in charge of the area.
(3) For importation or exportation involving the non-commercial loan, exchange or donation of herbarium
or other preserved, dried or embedded museum specimens of all threatened species between scientists
or scientific institutions, provide the following information:
(i) The name and address of the institution or other facility where the plants sought to be covered by the
permit will be used or maintained; and
(ii) A justification of the activities sought to be authorized by the permit and the relationship of such
activities to scientific purposes, enhancing the propagation or survival of the species, or other objectives
consistent with the purposes and policy of the Act.
(4) When the activity applied for involves a species also regulated by the Convention on International
Trade in Endangered Species of Wild Fauna and Flora, additional requirements of §23.15(c) of this
subchapter must be met. For your convenience, §23.15(c) is repeated here.

Application requirements for permits or certificates to import, export or re-export wildlife or
plants listed in Appendix I, II or III that are not subject to the regulations in part 17 or part 18 of
this subchapter. Any person subject to the jurisdiction of the United States who wishes to get
such a permit or certificate submits an application under this section to the Director, Fish and
Wildlife Service (Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room
700, Arlington, VA 22203. The Service provides Form 3–200 for the application to which as
much of the following information relating to the purpose of the permit or certificate must be
attached:
(1) The scientific and common names of the species (or taxa to the rank listed in Appendix I,
II, or III) sought to be covered by the permit, the number of wildlife or plants, and the activity
sought to be authorized (such as importing, exporting, re-exporting, etc.);
(2) A statement as to whether the wildlife or plant, at the time of application, (i) is living in the
wild, (ii) is living, but not in the wild, or (iii) is dead;
(3) A description of the wildlife or plant, including (i) size, (ii) sex (if known), and (iii) type of
goods, if it is a part or derivative;
(4) In the case of living wildlife or plants, (i) a description of the type, size, and construction of
any container the wildlife or plant will be placed in during transportation, and (ii) the
arrangements for watering and otherwise caring for the wildlife or plant during transportation;
(5) The name and address of the person in a foreign country to whom the wildlife or plant is to
be exported from the United States, or from whom the wildlife or plant is to be imported into
the United States;
(6) The country and place where the wildlife or plant was or is to be taken from the wild;

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(7) In the case of wildlife or plants listed in Appendix I to be imported into the United States, (i)
a statement of the purposes and details of the activities for which the wildlife or plant is to be
imported; (ii) a brief resume of the technical expertise of the applicant or other persons who
will care for the wildlife or plant; (iii) the name, address, and description, including diagrams or
photographs, of the facility where the wildlife or plant will be maintained; and (iv) a description
of all mortalities, in the two years preceding the date of this application, including any wildlife
species covered in the application (or any species of the same genus or family) held by the
applicant, including the causes and steps taken to avoid such mortalities; and
(8) Copies of documents, sworn affidavits, or other evidence showing that either (i) the wildlife
or plant was acquired prior to the date the Convention applied to it, or (ii) the wildlife or plant
was bred in captivity, or artificially propagated, or was part of or derived therefrom, or (iii) the
wildlife or plant is an herbarium specimen, or live plant material to be imported, exported, or
re-exported as a noncommercial loan, donation, or exchange between scientists or scientific
institutions.
(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 his decision, the
Director shall consider, in addition to the general criteria in §13.21(b) of this subchapter, the following
factors:
(1) Whether the purpose for which the permit is requested will enhance the survival of the species in the
wild;
(2) Whether the purpose for which the permit is requested will enhance the propagation of the species;
(3) The opinions or views of scientists or other persons or organizations having expertise concerning the
plant or other matters germane to the application; and
(4) Whether the expertise, facilities, or other resources available to the applicant appear adequate to
successfully accomplish the 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 the following special conditions:
(1) If requested, the permittee shall submit to the Director a written report of the activities authorized by
the permit. Such report must be postmarked by the date specified in the permit or otherwise requested
by the Director.
(2) A copy of the permit or an identification label, which includes the scientific name, the permit number,
and a statement that the plant is of “wild orgin” or “cultivated origin” must accompany the plant or its
container during the course of any activity subject to these regulations, unless the specimens meet the
special conditions referred to in paragraph (c)(3) of this section.
(3) In the case of plants that are herbarium specimens, or other preserved, dried, or embedded museum
specimens to be imported or exported as a noncommercial loan exchange or donation between
scientists or scientific institutions, the names and addresses of the consignor and consignee must be on
each package or container. A description such as “herbarium specimens” and the code letters assigned
by the Service to the scientist or scientific institution must be entered on the Customs declaration form
affixed to each package or container. If the specimens are of taxa also regulated by the Convention on
International Trade in Endangered Species of Wild Fauna and Flora, the letters “CITES” (acronym for
the convention) also must be entered on the Customs declaration form as indicated in §23.15(e)(3) of
this subchapter.
(d) Duration of permit. The duration of a permit issued under this section shall be designated on the face
of the permit.
[42 FR 32380, June 24, 1977, as amended at 50 FR 39691, Sept. 30, 1985; 63 FR 52636, Oct. 1, 1998]
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