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pdf§ 13.47
50 CFR Ch. I (10–1–20 Edition)
at a location in the United States
where the records are available for inspection.
PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION
OF WILDLIFE
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR
32377, June 24, 1977; 54 FR 38150, Sept. 14, 1989;
72 FR 48446, Aug. 23, 2007]
§ 13.47
Subpart A—Introduction
Sec.
14.1
14.2
14.3
14.4
Inspection requirement.
Any person holding a permit under
this subchapter B shall allow the Director’s agent to enter his premises at
any reasonable hour to inspect any
wildlife or plant held or to inspect,
audit, or copy any permits, books, or
records required to be kept by regulations of this subchapter B.
Subpart B—Importation and Exportation at
Designated Ports
14.11 General restrictions.
14.12 Designated ports.
14.13 Emergency diversion.
14.14 In-transit shipments.
14.15 Personal baggage and household effects.
14.16 Border ports.
14.17 Personally owned pet birds.
14.18 Marine mammals.
14.19 Special ports.
14.20 Exceptions by permit.
14.21 Shellfish and fishery products.
14.22 Certain antique articles.
14.23 Live farm-raised fish and farm-raised
fish eggs.
14.24 Scientific specimens.
[39 FR 1161, Jan. 4, 1974, as amended at 42 FR
32377, June 24, 1977]
§ 13.48 Compliance with conditions of
permit.
Any person holding a permit under
subchapter B and any person acting
under authority of such permit must
comply with all conditions of the permit and with all appllicable laws and
regulations governing the permitted
activity.
Subpart C—Designated Port Exception
Permits
[54 FR 38150, Sept. 14, 1989]
§ 13.49
14.31 Permits to import or export wildlife at
nondesignated port for scientific purposes.
14.32 Permits to import or export wildlife at
nondesignated port to minimize deterioration or loss.
14.33 Permits to import or export wildlife at
nondesignated port to alleviate undue
economic hardship.
Surrender of permit.
Any person holding a permit under
subchapter B shall surrender such permit to the issuing officer upon notification that the permit has been suspended or revoked by the Service, and
all appeal procedures have been exhausted.
Subpart D [Reserved]
[54 FR 38150, Sept. 14, 1989]
§ 13.50
Subpart E—Inspection and Clearance of
Wildlife
Acceptance of liability.
Except as otherwise limited in the
case of permits described in § 13.25(d),
any person holding a permit under this
subchapter B assumes all liability and
responsibility for the conduct of any
activity conducted under the authority
of such permit.
14.51
14.52
14.53
14.54
14.55
Inspection of wildlife.
Clearance of imported wildlife.
Detention and refusal of clearance.
Unavailability of Service officers.
Exceptions to clearance requirements.
Subpart F—Wildlife Declarations
14.61 Import declaration requirements.
14.62 Exceptions to import declaration requirements.
14.63 Export declaration requirements.
14.64 Exceptions to export declaration requirements.
[64 FR 32711, June 17, 1999]
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Purpose of regulations.
Scope of regulations.
Information collection requirements.
What terms do I have to understand?
Subpart G [Reserved]
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U.S. Fish and Wildlife Serv., Interior
§ 14.3
Subpart H—Marking of Containers or
Packages
Subpart K—Captive Wildlife Safety Act
14.250 What is the purpose of these regulations?
14.251 What other regulations may apply?
14.252 What definitions do I need to know?
14.253 What are the restrictions contained
in these regulations?
14.254 What are the requirements contained
in these regulations?
14.255 Are there any exemptions to the restrictions contained in these regulations?
14.81 Marking requirement.
14.82 Alternatives and exceptions to the
marking requirement.
Subpart I—Import/Export Licenses and
Inspection Fees
14.91 When do I need an import/export license?
14.92 What are the exemptions to the import/export license requirement?
14.93 How do I apply for an import/export license?
14.94 What fees apply to me?
AUTHORITY: 16 U.S.C. 668, 704, 712, 1382,
1538(d)–(f), 1540(f), 3371–3378, 4223–4244, and
4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701; Pub. L.
115–334, 132 Stat. 4490.
Subpart J—Standards for the Humane and
Healthful Transport of Wild Mammals
and Birds to the United States
SOURCE: 45 FR 56673, Aug. 25, 1980, unless
otherwise noted.
14.101 Purposes.
14.102 Definitions.
14.103 Prohibitions.
14.104 Translations.
14.105 Consignment to carrier.
14.106 Primary enclosures.
14.107 Conveyance.
14.108 Food and water.
14.109 Care in transit.
14.110 Terminal facilities.
14.111 Handling.
14.112 Other applicable provisions.
Subpart A—Introduction
§ 14.1
§ 14.2
Primary enclosures.
Food and water.
Care in transit.
SPECIFICATIONS
FOR
MARINE
MAMMALS
SIRENIANS,
SEA
OTTERS,
(CETACEANS,
PINNIPEDS, AND POLAR BEARS)
14.131
14.132
14.133
§ 14.3 Information collection requirements.
Primary enclosures.
Food and water.
Care in transit.
The Office of Management and Budget (OMB) has approved the information
collection requirements contained in
this part 14 under 44 U.S.C. 3507 and assigned OMB Control Numbers 1018–0012,
1018–0092, and 1018–0129. 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.
You can direct comments regarding
these information collection requirements to the Service’s Information
Collection Clearance Officer at the address provided at 50 CFR 2.1(b).
SPECIFICATIONS FOR ELEPHANTS AND
UNGULATES
14.141
14.142
Consignment to carrier.
Primary enclosures.
SPECIFICATIONS FOR SLOTHS, BATS, AND
FLYING LEMURS (CYNOCEPHALIDAE)
14.151
Primary enclosures.
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SPECIFICATIONS FOR OTHER TERRESTRIAL
MAMMALS
14.161
Primary enclosures.
14.171
14.172
Consignment to carrier.
Primary enclosures.
Scope of regulations.
The provisions in this part are in addition to, and do not supersede other
regulations of this subchapter B which
may require a permit or prescribe additional restrictions or conditions for the
importation, exportation, and transportation of wildlife.
SPECIFICATIONS FOR NONHUMAN PRIMATES
14.121
14.122
14.123
Purpose of regulations.
The regulations contained in this
part provide uniform rules and procedures for the importation, exportation,
and transportation of wildlife.
SPECIFICATIONS FOR BIRDS
[72 FR 45946, Aug. 16, 2007, as amended at 79
FR 43964, July 29, 2014]
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§ 14.4
50 CFR Ch. I (10–1–20 Edition)
lab mice—Mus musculus; White lab
rate—Rattus norvegicus.
Fish (For export purposes only): Carp
(koi)—Cyprinus
carpio;
Goldfish—
Carassius auratus.
Birds: Chicken—Gallus domesticus;
Ducks & geese—domesticated varieties;
Guinea
fowl—Numida
meleagris;
Peafowl—Pavo cristatus; Pigeons (domesticated)—Columba livia domestrica;
Turkey—Meleagris gallopavo; Domesticated or Barnyard Mallards include:
Pekin; Aylesbury; Bouen; Cayuga;
Gray Call; White Call; East Indian;
Crested; Swedish; Buff Orpington; Indian
Runner;
Campbell;
Duclair;
Merchtem; Termonde; Magpie; Chinese;
Khaki Campbell.
Insects: Crickets, mealworms, honeybees (not to include Africanized varieties), and similar insects that are routinely farm raised.
Other Invertebrates: Earthworms and
similar invertebrates that are routinely farm raised.
Export means to depart from, to send
from, to ship from, or to carry out of,
or attempt to depart from, to send
from, to ship from, or to carry out of,
or to consign to a carrier in any place
subject to the jurisdiction of the
United States with an intended destination of any place not subject to the
jurisdiction of the United States,
whether or not such departure, sending, or carrying, or shipping constitutes an exportation within the
meaning of the Custom laws of the
United States. When a passenger leaving the jurisdiction of the United
States enters the designated international area of embarkation of an airport, all accompanying personal handcarried items and checked baggage will
be regarded as exports.
Import means to land on, bring into,
or introduce into, or attempt to land
on, bring into, or introduce into any
place subject to the jurisdiction of the
United States, whether or not such
landing, bringing, or introduction constitutes an importation within the
meaning of the tariff laws of the
United States.
We means Fish and Wildlife Service
or Service.
§ 14.4 What terms do I have to understand?
In addition to definitions contained
in part 10 of this subchapter, in this
part:
Accompanying personal baggage means
all hand-carried items and all checked
baggage of a person entering into or departing from the United States.
Accredited scientist means any individual associated with, employed by, or
under contract to and accredited by an
accredited scientific institution for the
purpose of conducting biological or
medical research, and whose research
activities are approved and sponsored
by the scientific institution granting
accreditation.
Accredited scientific institutions means
any public museum, public zoological
park, accredited institution of higher
education, accredited member of the
American Zoo and Aquarium Association, accredited member of the American Association of Systematic Collections, or any State or Federal government agency that conducts biological
or medical research.
Commercial means related to the offering for sale or resale, purchase,
trade, barter, or the actual or intended
transfer in the pursuit of gain or profit,
of any item of wildlife and includes the
use of any wildlife article as an exhibit
for the purpose of soliciting sales,
without regard to quantity or weight.
There is a presumption that eight or
more similar unused items are for commercial use. The Service or the importer/exporter/owner may rebut this
presumption based upon the particular
facts and circumstances of each case.
Domesticated animals includes, but is
not limited to, the following domesticated animals that are exempted
from the requirements of this subchapter B (except for species obtained
from wild populations).
Mammals:
Alpaca—Lama
alpaca;
Camel—Camelus dromedarius; Camel
(Boghdi)—Camelus bactrianus; Cat (domestic)—Felis domesticus; Cattle—Bos
taurus; Dog (domestic)—Canis familiaris;
European
rabbit—Ortyctolagus
cuniculus; Ferret (domestic)—Mustela
putorius; Goat—Capra hircus; Horse—
Equus caballus; Llama—Lama glama;
Pig—Sus scrofa; Sheep—Ovis aries;
Water buffalo—Bubalus bubalus; White
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U.S. Fish and Wildlife Serv., Interior
§ 14.16
You means licensee, or importer/exporter of record.
such wildlife proceeds as an in-transit
shipment under Customs bond to a designated port, or to any port where a
permit or other provision of this part
provides for lawful importation.
(b)
Wildlife
moving
in-transit
through the United States from one
foreign country to another foreign
country is exempt from the designated
port requirements of this part, if such
wildlife is not unloaded within the
United States.
[61 FR 31868, June 21, 1996, as amended at 64
FR 23025, Apr. 29, 1999]
Subpart B—Importation and
Exportation at Designated Ports
§ 14.11 General restrictions.
Except as otherwise provided in this
part, no person may import or export
any wildlife at any place other than a
Customs port of entry designated in
§ 14.12.
§ 14.15 Personal baggage and household effects.
(a) Any person may import into or
export from the United States at any
Customs port wildlife products or manufactured articles that are not intended for commercial use and are used
as clothing or contained in accompanying personal baggage. However,
this exception to the designated port
requirement does not apply to any raw
or dressed fur; raw, salted, or crusted
hide or skin; game trophy; or to wildlife requiring a permit pursuant to part
16, 17, 18, 21, or 23 of this subchapter B.
(b) Wildlife products or manufactured
articles, including mounted game trophies or tanned hides, which are not intended for sale and are part of a shipment of the household effects of persons moving their residence to or from
the United States may be imported or
exported at any Customs port of entry.
However, this exception to the designated port requirement does not
apply to any raw fur; raw, salted, or
crusted hide or skin; or to wildlife requiring a permit pursuant to part 16,
17, 18, 21, or 23 of this subchapter B.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct.
1, 1980]
§ 14.12 Designated ports.
The following ports of entry are designated for the importation and exportation of wildlife and wildlife products
and are referred to hereafter as ‘‘designated ports’’:
(a) Anchorage, Alaska.
(b) Atlanta, Georgia.
(c) Baltimore, Maryland.
(d) Boston, Massachusetts.
(e) Chicago, Illinois.
(f) Dallas/Fort Worth, Texas.
(g) Honolulu, Hawaii.
(h) Houston, Texas.
(i) Los Angeles, California.
(j) Louisville, Kentucky.
(k) Memphis, Tennessee.
(l) Miami, Florida.
(m) New Orleans, Louisiana.
(n) New York, New York.
(o) Portland, Oregon.
(p) San Francisco, California.
(q) Seattle, Washington.
[69 FR 70382, Dec. 6, 2004]
[45 FR 56673, Aug. 25, 1980, as amended at 61
FR 31868, June 21, 1996]
rmajette on DSKBCKNHB2PROD with CFR
§ 14.13 Emergency diversion.
Wildlife which has been imported
into the United States at any port or
place other than a designated port solely as a result of a diversion due to an
aircraft or vessel emergency must proceed as an in-transit shipment under
Customs bond to a designated port, or
to any port where a permit or other
provision of this part provides for lawful importation.
§ 14.16 Border ports.
(a) Except for wildlife requiring a
permit pursuant to part 16, 17, 18, 21, or
23 of this subchapter B, wildlife whose
country of origin is Canada or the
United States may be imported or exported at any of the following Customs
ports of entry:
(1) Alaska—Alcan;
(2) Idaho—Eastport;
(3) Maine—Calais, Houlton, Jackman;
(4) Massachusetts—Boston;
(5) Michigan—Detroit, Port Huron,
Sault Sainte Marie;
§ 14.14 In-transit shipments.
(a) Wildlife destined for a point within the United States may be imported
into the United States at any port if
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§ 14.17
50 CFR Ch. I (10–1–20 Edition)
(6) Minnesota—Grand Portage, International Falls, Minneapolis-St. Paul;
(7) Montana—Raymond, Sweetgrass;
(8) New York—Buffalo-Niagara Falls,
Champlain;
(9)
North
Dakota—Dunseith,
Pembina, Portal;
(10) Ohio—Cleveland;
(11) Vermont—Derby Line, Highgate
Springs; and
(12) Washington—Blaine, Sumas.
(b) Except for wildlife requiring a
permit pursuant to part 16, 17, 18, 21, or
23 of this subchapter B, wildlife whose
country of origin is Mexico or the
United States may be imported or exported at any of the following Customs
ports of entry:
(1) Arizona—Lukeville, Nogales;
(2) California—Calexico, San DiegoSan Ysidro; and
(3) Texas—Brownsville, El Paso, Laredo.
(c) Except for wildlife requiring a
permit pursuant to part 16, 17, 18, or 21
of this subchapter B, wildlife lawfully
taken by U.S. residents in the United
States, Canada, or Mexico and imported or exported for noncommercial
purposes, may be imported or exported
at any Customs port of entry.
§ 14.17
after for the respective State or Territory of final destination:
(1) Alaska—Alcan, Anchorage, Fairbanks, Juneau;
(2) Puerto Rico—San Juan; and
(3) Virgin Islands—San Juan, Puerto
Rico.
(b) Except for wildlife requiring a
permit pursuant to part 16, 17, 18, 21, or
23 of this subchapter B, wildlife which
originates in Alaska, Puerto Rico, or
the Virgin Islands, may be exported
through the following Customs ports
for the respective State or Territory:
(1) Alaska—Alcan, Anchorage, Fairbanks, Juneau;
(2) Puerto Rico—San Juan; and
(3) Virgin Islands—San Juan, Puerto
Rico.
(c) Except for wildlife requiring a
permit pursuant to part 16, 17, 18, 21, or
23 of this subchapter B, wildlife which
has a final destination of Guam or
which originates in Guam may be imported or exported, as appropriate,
through the port of Agana, Guam.
§ 14.20 Exceptions by permit.
Wildlife may be imported into or exported from the United States at any
Customs port of entry designated in
the terms of a valid permit issued pursuant to subpart C of this part.
Personally owned pet birds.
Any person may import a personally
owned pet bird at any port designated
under, and in accordance with, 9 CFR
part 92.
§ 14.18
§ 14.21 Shellfish and fishery products.
(a)(1) General. Except for wildlife requiring a permit pursuant to part 17 or
23 of this subchapter, shellfish and fishery products imported or exported for
purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the
high seas for recreational purposes
may enter or exit at any Customs port.
(2) Except for wildlife requiring a
permit pursuant to part 17 or part 23 of
this subchapter, live aquatic invertebrates of the Class Pelecypoda (commonly known as oysters, clams, mussels, and scallops) and the eggs, larvae,
or juvenile forms thereof may be exported for purposes of propagation, or
research related to propagation, at any
Customs port.
(b) Pearls. Except for wildlife requiring a permit pursuant to part 17 or 23
of this subchapter, pearls imported or
exported for commercial purposes may
enter or exit the United States at any
Marine mammals.
Any person subject to the jurisdiction of the United States who has lawfully taken a marine mammal on the
high seas and who is authorized to import such marine mammal in accordance with the Marine Mammal Protection Act of 1972 and implementing regulations (50 CFR parts 18 and 216) may
import such marine mammal at any
port or place.
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§ 14.19
Special ports.
(a) Except for wildlife requiring a
permit pursuant to part 16, 17, 18, 21, or
23 of this subchapter B, wildlife which
is imported for final destination in
Alaska, Puerto Rico, or the Virgin Islands, may be imported through those
Customs ports of entry named here-
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U.S. Fish and Wildlife Serv., Interior
§ 14.31
Customs port of entry. For the purposes of this part, all references to the
term shellfish and fishery products will
include pearls.
Subpart C—Designated Port
Exception Permits
§ 14.31 Permits to import or export
wildlife at nondesignated port for
scientific purposes.
[61 FR 31868, June 21, 1996]
§ 14.22
(a) General. The Director may, upon
receipt of an application submitted in
accordance with the provisions of this
section and §§ 13.11 and 13.12 of this subchapter, and in accordance with the
issuance criteria of this section, issue a
permit authorizing importation or exportation of wildlife for scientific purposes at one or more named Customs
port(s) of entry not otherwise authorized by subpart B. Such permits may
authorize a single importation or exportation, a series of importations or
exportations, or importation or exportation during a specified period of
time.
(b) Application procedure. Applications for permits to import or export
wildlife at a nondesignated port for scientific purposes must be submitted to
the Director. Each application must
contain the general information and
certification required by § 13.12(a) of
this subchapter, plus the following additional information:
(1) The scientific purpose or uses of
the wildlife to be imported or exported;
(2) The number and kinds of wildlife
described by scientific and common
names to be imported or exported
where such number and kinds can be
determined;
(3) The country or place in which the
wildlife was removed from the wild (if
known), or where born in captivity;
(4) The port(s) of entry where importation or exportation is requested, and
the reasons why importation or exportation should be allowed at the requested port(s) of entry rather than at
a designated port; and
(5) A statement as to whether the exception is being requested for a single
shipment, a series of shipments, or
shipments over a specified period of
time and the date(s) involved.
(c) Additional permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter B,
permits to import or export wildlife at
a nondesignated port issued under this
section are subject to the following
Certain antique articles.
Any person may import at any Customs Service port designated for such
purpose, any article (other than scrimshaw, defined in 16 U.S.C 1539(f)(1)(B)
and 50 CFR 217.12 as any art form that
involves the etching or engraving of designs upon, or the carving of figures,
patterns, or designs from, any bone or
tooth of any marine mammal of the
order Cetacea) that is at least 100 years
old, is composed in whole or in part of
any endangered or threatened species
listed under § 17.11 or § 17.12 of this subchapter, and has not been repaired or
modified with any part of any endangered or threatened species on or after
December 28, 1973.
[61 FR 31868, June 21, 1996]
§ 14.23 Live farm-raised fish and farmraised fish eggs.
Live farm-raised fish and farm-raised
fish eggs meet the definition of ‘‘bred
in captivity’’ as stated in 50 CFR 17.3.
Except for wildlife requiring a permit
pursuant to parts 17 or 23 of this subchapter, live farm-raised fish and farmraised fish eggs may be exported from
any U.S. Customs port.
[59 FR 41714, Aug. 15, 1994]
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§ 14.24
Scientific specimens.
Except for wildlife requiring a permit
pursuant to parts 16, 17, 18, 21, 22 or 23
of this subchapter, dead, preserved,
dried, or embedded scientific specimens
or parts thereof, imported or exported
by accredited scientists or accredited
scientific institutions for taxonomic or
systematic research purposes may
enter or exit through any U.S. Customs
port, or may be shipped through the
international mail system. Provided,
that this exception will not apply to
any specimens or parts thereof taken
as a result of sport hunting.
[61 FR 31869, June 21, 1996]
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§ 14.32
50 CFR Ch. I (10–1–20 Edition)
condition: Permittee shall file such reports as specified on the permit, if any.
(d) Issuance criteria. The Director
shall consider the following in determining whether to issue a permit under
this section:
(1) Benefit to a bona fide scientific research project, other scientific purpose, or facilitation of the exchange of
preserved museum specimens;
(2) The kind of wildlife involved and
its place of origin;
(3) The reasons why the exception is
requested; and
(4) Availability of a Service officer.
(e) Duration of permits. Any permit
issued under this section expires on the
date designated on the face of the permit. In no case will the permit be valid
for more than 2 years from the date of
issuance.
(3) The port(s) of entry where importation or exportation is requested, and
the reasons why importation or exportation should be allowed at the requested port(s) of entry rather than at
a designated port (information must be
included to show that an importation
or exportation at a designated port
would result in a substantial deterioration or loss of the wildlife); and
(4) A statement as to whether the exception is being requested for a single
shipment, a series of shipments, or
shipments over a specified period of
time and the date(s) involved.
(c) Additional permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter B,
permits to import or export wildlife at
a nondesignated port issued under this
section are to be subject to the following conditions:
(1) Permittee shall file such reports
as may be specified on the permit, if
any; and
(2) Permittee must pay fees in accordance with § 14.94.
(d) Issuance criteria. The Director
shall consider the following in determining whether to issue a permit under
this section:
(1) Likelihood of a substantial deterioration or loss of the wildlife involved;
(2) The kind of wildlife involved and
its place of origin; and
(3) Availability of a Service officer.
(e) Duration of permits. Any permit
issued under this section expires on the
date designated on the face of the permit. In no case will the permit be valid
more than 2 years from the date of
issuance.
rmajette on DSKBCKNHB2PROD with CFR
§ 14.32 Permits to import or export
wildlife at nondesignated port to
minimize deterioration or loss.
(a) General. The Director may, upon
receipt of an application submitted in
accordance with the provisions of this
section and §§ 13.11 and 13.12 of this subchapter, and in accordance with the
issuance criteria of this section, issue a
permit authorizing importation or exportation of wildlife, in order to minimize deterioration or loss, at one or
more named Customs port(s) of entry
not otherwise authorized by subpart B.
Such permits may authorize a single
importation or exportation, a series of
importations or exportations, or importation or exportation during a specified period of time.
(b) Application procedure. Applications for permits to import or export
wildlife at a nondesignated port to
minimize deterioration or loss must be
submitted to the Director. Each application must contain the general information and certification required in
§ 13.12(a) of this subchapter, plus the
following additional information:
(1) The number and kinds of wildlife
described by scientific and common
names to be imported or exported
where such number and kinds can be
determined;
(2) The country or place in which the
wildlife was removed from the wild (if
known), or where born in captivity;
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct.
1, 1980, as amended at 61 FR 31869, June 21,
1996]
§ 14.33 Permits to import or export
wildlife at nondesignated port to alleviate undue economic hardship.
(a) General. The Director may, upon
receipt of an application submitted in
accordance with the provisions of this
section and §§ 13.11 and 13.12 of this subchapter, and in accordance with the
issuance criteria of this section, issue a
permit authorizing importation or exportation of wildlife in order to alleviate undue economic hardship at one or
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U.S. Fish and Wildlife Serv., Interior
§ 14.52
more named Customs port(s) of entry
not otherwise authorized by subpart B.
Such permits may authorize a single
importation or exportation, a series of
importations or exportations, or importation or exportation during a specified period of time.
(b) Application procedure. Applications for permits to import or export
wildlife at a nondesignated port to alleviate undue economic hardship must
be submitted to the Director. Each application must contain the general information and certification required in
§ 13.12(a) of this subchapter, plus the
following additional information:
(1) The number and kinds of wildlife
described by scientific and common
names to be imported or exported,
where such number and kinds can be
determined, and a description of the
form in which it is to be imported, such
as ‘‘live,’’ ‘‘frozen,’’ ‘‘raw hides,’’ or a
full description of any manufactured
product;
(2) The country or place in which the
wildlife was removed from the wild (if
known), or where born in captivity;
(3) The name and address of the supplier or consignee;
(4) The port(s) of entry where importation or exportation is requested, and
the reasons why importation or exportation should be allowed at the requested port(s) of entry rather than at
a designated port (information must be
included to show the monetary difference between the cost of importation or exportation at the port requested and the lowest cost of importation or exportation at the port through
which importation or exportation is
authorized by subpart B without a permit); and
(5) A statement as to whether the exception is being requested for a single
shipment, a series of shipments, or
shipments over a specified period of
time and the date(s) involved.
(c) Additional permit conditions. In addition to the general conditions set
forth in part 13 of this subchapter B,
permits to import or export wildlife at
a nondesignated port issued under this
section are subject to the following
conditions:
(1) Permittee shall file such reports
as specified on the permit, if any; and
(2) Permittee must pay fees in accordance with § 14.94.
(d) Issuance criteria. The Director
shall consider the following in determining whether to issue a permit under
this section:
(1) The difference between the cost of
importing or exporting the wildlife at
the port requested and the lowest cost
of importing or exporting such wildlife
at a port authorized by these regulations without a permit;
(2) The severity of the economic
hardship that likely would result
should the permit not be issued;
(3) The kind of wildlife involved, including its form and place of origin;
and
(4) Availability of a Service officer.
(e) Duration of permits. Any permit
issued under this section expires on the
date designated on the face of the permit. In no case will the permit be valid
for more than 2 years from the date of
issuance.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct.
1, 1980, as amended at 61 FR 31869, June 21,
1996]
Subpart D [Reserved]
Subpart E—Inspection and
Clearance of Wildlife
§ 14.51 Inspection of wildlife.
Subject to applicable limitations of
law, Service officers and Customs officers may detain for inspection and inspect any package, crate, or other container, including its contents, and all
accompanying documents, upon importation or exportation. The Director
may charge reasonable fees, including
salary, overtime, transportation and
per diem of Service officers, for wildlife
import or export inspections specially
requested by the importer or exporter
at times other than regular work hours
or locations other than usual for such
inspections at the port.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct.
1, 1980, as amended at 50 FR 52889, Dec. 26,
1985]
§ 14.52 Clearance of imported wildlife.
(a) Except as otherwise provided by
this subpart, a Service officer must
clear all wildlife imported into the
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§ 14.53
50 CFR Ch. I (10–1–20 Edition)
United States prior to release from detention by Customs officers. A Service
officer must clear all wildlife to be exported from the United States prior to
the physical loading of the merchandise on a vehicle or aircraft, or the
containerization or palletizing of such
merchandise for export, unless a Service officer expressly authorizes otherwise. Such clearance does not constitute a certification of the legality of
an importation or exportation under
the laws or regulations of the United
States.
(b) An importer/exporter or his/her
agent may obtain clearance by a Service officer only at designated ports
(§ 14.12), at border ports (§ 14.16), at special ports (§ 14.19), or at a port where
importation or exportation is authorized by a permit issued under subpart C
of this part. An importer/exporter must
return forthwith any wildlife released
without a Service officer’s clearance or
clearance by Customs for the Service
under authority of § 14.54 to a port
where clearance may be obtained pursuant to this subpart.
(c) To obtain clearance, the importer,
exporter, or the importer’s or exporter’s agent will make available to a
Service officer or a Customs officer
acting under § 14.54:
(1) All shipping documents (including
bills of lading, waybills and packing
lists or invoices);
(2) All permits, licenses or other documents required by the laws or regulations of the United States;
(3) All permits or other documents
required by the laws or regulations of
any foreign country;
(4) The wildlife being imported or exported; and
(5) Any documents and permits required by the country of export or reexport for the wildlife.
to detain, the Service will mail a notice of detention by registered or certified mail, return receipt requested, to
the importer or consignee, or exporter,
if known or easily ascertainable. Such
notice must describe the detained wildlife or other property, indicate the reason for the detention, describe the general nature of the tests or inquiries to
be conducted, and indicate that if the
releasability of the wildlife has not
been determined within 30 days after
the date of the notice, or a longer period if specifically stated, that the
Service will deem the wildlife to be
seized and will issue no further notification of seizure.
(b) Refusal of clearance. Any Service
officer may refuse clearance of imported or exported wildlife and any
Customs officer acting under § 14.54
may refuse clearance of imported wildlife when there are responsible grounds
to believe that:
(1) A Federal law or regulation has
been violated;
(2) The correct identity and country
of origin of the wildlife has not been established (in such cases, the burden is
upon the owner, importer, exporter,
consignor, or consignee to establish
such identity by scientific name to the
species level or, if any subspecies is
protected by the laws of this country
or the country of origin to the subspecies level);
(3) Any permit, license, or other documentation required for clearance of
such wildlife is not available, is not
currently valid, has been suspended or
revoked, or is not authentic;
(4) The importer, exporter, or the importer’s or exporter’s agent has filed an
incorrect or incomplete declaration for
importation or exportation as provided
in § 14.61 or § 14.63; or
(5) The importer, exporter, or the importer’s or exporter’s agent has not
paid any fee or portion of balance due
for inspection fees required by § 14.93 or
§ 14.94, or penalties assessed against the
importer or exporter under 50 CFR part
11. This paragraph does not apply to
penalty assessments on appeal in accordance with the provisions of part 11.
rmajette on DSKBCKNHB2PROD with CFR
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct.
1, 1980, as amended at 50 FR 52889, Dec. 26,
1985; 61 FR 31869, June 21, 1996]
§ 14.53 Detention and refusal of clearance.
(a) Detention. Any Service officer, or
Customs officer acting under § 14.54,
may detain imported or exported wildlife and any associated property. As
soon as practicable following the importation or exportation and decision
[61 FR 31869, June 21, 1996]
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U.S. Fish and Wildlife Serv., Interior
§ 14.61
§ 14.54 Unavailability of Service officers.
§ 14.55 Exceptions
quirements.
to
clearance
(a) Designated ports. All wildlife arriving at a designated port must be
cleared by a Service officer prior to
Customs clearance and release. When
importers or their agents expect live or
perishable shipments of wildlife or
wildlife products or request inspection
at the time of arrival, they must notify
the Service at least 48 hours prior to
the estimated time of arrival. However,
where a Service officer is not available
within a reasonable time, Customs Officers may clear live or perishable wildlife subject to post-clearance inspection and investigation by the Service.
(b) Border and special ports. Wildlife
lawfully imported at Canadian or Mexican border ports under § 14.16, or into
Alaska, Puerto Rico, or the Virgin Islands, under § 14.19, may, if a Service
officer is not available within a reasonable time, be cleared by Customs officers, subject to post-clearance inspection and investigation by the Service.
(c) Permit imports. Wildlife imported
at a nondesignated port in accordance
with the terms of a valid permit issued
under subpart C of this part, may, if a
Service officer is not available within a
reasonable time, be cleared by Customs
officers, subject to post-clearance inspection and investigation by the Service.
(d) Personal baggage and household effects. Wildlife lawfully imported at any
port of entry under § 14.15, may, if a
Service officer is not available within a
reasonable time, be cleared by Customs
officers, subject to post-clearance inspection and investigation by the Service.
(e) Personally owned pet birds. Personally owned pet birds lawfully imported
at a port of entry under § 14.17, may, if
a Service officer is not available within
a reasonable time, be cleared by Customs officers, subject to post-clearance
inspection and investigation by the
Service.
(f) Exports. Exporters or their agents
must notify the Service and make the
shipment available for inspection at
least 48 hours prior to the estimated
time of exportation of any wildlife.
Except for wildlife requiring a permit
pursuant to part 17 or 23 of this subchapter B, clearance is not required for
the importation of the following wildlife:
(a) Shellfish and fishery products imported for purposes of human or animal
consumption or taken in waters under
the jurisdiction of the United States or
on the high seas for recreational purposes;
(b) Marine mammals lawfully taken
on the high seas by United States residents and imported directly into the
United States; and
(c) Certain antique articles as specified in § 14.22 which have been released
from custody by Customs officers
under 19 U.S.C. 1499.
(d) Dead, preserved, dried, or embedded scientific specimens or parts thereof, imported or exported by accredited
scientists or accredited scientific institutions for taxonomic or systematic research purposes. Except: That this exception will not apply to any specimens or parts thereof taken as a result
of sport hunting.
[45 FR 56673, Aug. 25, 1980, as amended at 61
FR 31869, June 21, 1996]
Subpart F—Wildlife Declarations
§ 14.61 Import
ments.
declaration
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Except as otherwise provided by the
regulations of this subpart, importers
or their agents must file with the Service a completed Declaration for Importation or Exportation of Fish or Wildlife (Form 3–177), signed by the importer or the importer’s agent, upon
the importation of any wildlife at the
place where Service clearance under
§ 14.52 is requested. However, wildlife
may be transshipped under bond to a
different port for release from custody
by Customs Service officers under 19
U.S.C. 1499. For certain antique articles as specified in § 14.22, importers or
their agents must file a Form 3–177
with the District Director of Customs
at the port of entry prior to release
from Customs custody. Importers or
their agents must furnish all applicable
information requested on the Form 3–
[45 FR 56673, Aug. 25, 1980, as amended at 61
FR 31869, June 21, 1996]
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§ 14.62
50 CFR Ch. I (10–1–20 Edition)
177 and the importer, or the importer’s
agent, must certify that the information furnished is true and complete to
the best of his/her knowledge and belief.
poses. An importer or his/her agent
must file an amended Form 3–177 within 180 days after filing of the general
declaration with the Service. The declaration must identify specimens to
the most accurate taxonomic classification reasonably practicable using
the best available taxonomic information. The Director may grant extensions of the 180-day period.
(d) Except for wildlife requiring a
permit pursuant to part 16, 17, 18, 21, 22
or 23 of this subchapter, an importer or
his/her agent does not have to file a
Declaration for the Importation or Exportation of Fish or Wildlife (Form 3–
177) at the time of importation for
shipments of dead, preserved, dried, or
embedded scientific specimens or parts
thereof, imported by accredited scientists or accredited scientific institutions for taxonomic or systematic research purposes. An importer or his/her
agent must file a Form 3–177 within 180
days of importation with the appropriate Assistant Regional Director—
Law Enforcement in the Region where
the importation occurs. The declaration must identify the specimens to the
most accurate taxonomic classification
reasonably practicable using the best
available taxonomic information, and
must declare the country of origin. Except: That this exception will not apply
to any specimens or parts thereof
taken as a result of sport hunting.
rmajette on DSKBCKNHB2PROD with CFR
[61 FR 49980, Sept. 24, 1996]
§ 14.62 Exceptions to import declaration requirements.
(a) Except for wildlife requiring a
permit pursuant to part 17 or 23 of this
subchapter B, an importer or his/her
agent does not have to file a Declaration for Importation or Exportation of
Fish or Wildlife (Form 3–177) for importation of shellfish and fishery products
imported for purposes of human or animal consumption, or taken in waters
under the jurisdiction of the United
States or on the high seas for recreational purposes;
(b) Except for wildlife requiring a
permit pursuant to part 16, 17, 18, 21, or
23 of this subchapter B, a Declaration
for Importation or Exportation of Fish
or Wildlife (Form 3–177) does not have
to be filed for importation of the following:
(1) Fish taken for recreational purposes in Canada or Mexico;
(2) Wildlife products or manufactured
articles that are not intended for commercial use and are used as clothing or
contained in accompanying personal
baggage, except that an importer or
his/her agent must file a Form 3–177 for
raw or dressed furs; for raw, salted, or
crusted hides or skins; and for game or
game trophies; and
(3) Wildlife products or manufactured
articles that are not intended for commercial use and are a part of a shipment of the household effects of persons moving their residence to the
United States, except that an importer
or his/her agent must file a declaration
for raw or dressed furs and for raw,
salted, or crusted hides or skins.
(c) General declarations for certain
specimens. Notwithstanding the provisions of 14.61 and except for wildlife included in paragraph (d) of this section,
an importer or his/her agent may describe in general terms on a Declaration for the Importation or Exportation of Fish or Wildlife (Form 3–177)
scientific specimens imported for scientific institutions for taxonomic, systematic research, or faunal survey pur-
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct.
1, 1980, as amended at 61 FR 31870, June 21,
1996]
§ 14.63 Export
ments.
declaration
Except as otherwise provided by the
regulations of this subpart, a completed Declaration for Importation or
Exportation of Fish or Wildlife (Form
3–177) signed by the exporter, or the exporter’s agent, shall be filed with the
Service prior to the export of any wildlife at the port of exportation as authorized in subpart B of this part. All
applicable information requested on
the Form 3–177 shall be furnished, and
the exporter or the exporter’s agent
shall certify that the information furnished is true and complete to the best
of his/her knowledge and belief.
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U.S. Fish and Wildlife Serv., Interior
§ 14.82
(c) Except for wildlife requiring a period pursuant to parts 17 or 23 of this
subchapter, a Declaration for the Importation or Exportation of Fish or
Wildlife (Form 3–177) does not have to
be filed for the exportation of live
farm-raised fish and farm-raised fish
eggs as defined in § 14.23.
§ 14.64 Exceptions to export declaration requirements.
(a) Except for wildlife requiring a
permit pursuant to part 17 or 23 of this
subchapter B, an exporter or his/her
agent does not have to file a Declaration for Importation or Exportation of
Fish or Wildlife (Form 3–177) for the exportation of shellfish and fishery products exported for purposes of human or
animal consumption or taken in waters
under the jurisdiction of the United
States or on the high seas for recreational purposes, and does not have
to file for the exportation of live
aquatic invertebrates of the Class
Pelecypoda (commonly known as oysters, claims, mussels, and scallops) and
the eggs, larvae, or juvenile forms
thereof exported for purposes of propagation, or research related to propagation.
(b) Except for wildlife requiring a
permit pursuant to part 16, 17, 18, 21, or
23 of this subchapter B, a Declaration
for the Importation or Exportation of
Fish or Wildlife (Form 3–177) does not
have to be filed for the exportation of
the following:
(1) Wildlife that is not intended for
commercial use where the value of
such wildlife is under $250;
(2) Wildlife products or manufactured
articles, including game trophies, that
are not intended for commercial use
and are used as clothing or contained
in accompanying personal baggage or
are part of a shipment of the household
effects of persons moving their residence from the United States; and
(3) Shipments of dead, preserved,
dried, or embedded scientific specimens
or parts thereof, exported by accredited
scientists or accredited scientific institutions for taxonomic or systematic research purposes. An exporter or his/her
agent must file a Form 3–177 within 180
days of exportation with the appropriate Assistant Regional Director—
Law Enforcement in the Region where
the exportation occurs. The declaration must identify the specimens to the
most accurate taxonomic classification
reasonably practicable using the best
available taxonomic information, and
must declare the country of origin. Except: That this exception will not apply
to any specimens or parts thereof
taken as a result of sport hunting.
[45 FR 56673, Aug. 25, 1980, as amended at 59
FR 41714, Aug. 15, 1994; 61 FR 31870, June 21,
1996]
Subpart G [Reserved]
Subpart H—Marking of Containers
or Packages
SOURCE: 52 FR 45341, Nov. 27, 1987, unless
otherwise noted.
§ 14.81 Marking requirement.
Except as otherwise provided in this
subpart, no person may import, export,
or transport in interstate commerce
any container or package containing
any fish or wildlife (including shellfish
and fishery products) unless he/she
marks each container or package conspicuously on the outside with both the
name and address of the shipper and
consignee. An accurate and legible list
of its contents by species scientific
name and the number of each species
and whether or not the listed species
are venomous must accompany the entire shipment.
[61 FR 31870, June 21, 1996]
§ 14.82 Alternatives and exceptions to
the marking requirement.
(a) The requirements of § 14.81 may be
met by complying with one of the following alternatives to the marking requirement:
(1)(i) Conspicuously marking the outside of each container or package containing fish or wildlife with the word
‘‘fish’’ or ‘‘wildlife’’ as appropriate for
its contents, or with the common name
of its contents by species, and
(ii) Including an invoice, packing
list, bill of lading, or similar document
to accompany the shipment which accurately states the name and address
of the shipper and consignee, states the
total number of packages or containers
in the shipment, and for each species in
the shipment specifies:
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§ 14.91
50 CFR Ch. I (10–1–20 Edition)
(A) The common name that identifies
the species (examples include: Chinook
(or king) salmon; bluefin tuna; and
whitetail deer) and whether or not the
listed species is venomous; and
(B) The number of that species (or
other appropriate measure of quantity
such as gross or net weight).
The invoice, packing list, bill of lading,
or equivalent document must be securely attached to the outside of one
container or package in the shipment
or otherwise physically accompany the
shipment in a manner which makes it
readily accessible for inspection; or
(2) Affixing the shipper’s wildlife import/export license number preceded by
the three letters ‘‘FWS’’ on the outside
of each container or package containing fish or wildlife, if the shipper
has valid wildlife import/export license
issued under authority of 50 CFR part
14. For each shipment marked in accordance with this paragraph, the
records maintained under § 14.93(c)
must include a copy of the invoice,
packing list, bill of lading, or other
similar document that accurately
states the information required by
paragraph (a)(1)(ii) of this section.
(3) In the case of subcontainers or
packages within a larger packing container, only the outermost container
must be marked in accordance with
this section. Except, that for live fish or
wildlife that are packed in subcontainers within a larger packing container, if the subcontainers are numbered or labeled, the packing list, invoice, bill or lading, or other similar
document, must reflect that number or
label. However, each subcontainer containing a venomous species must be
clearly marked as venomous.
(4) A conveyance (truck, plane, boat,
etc.) is not considered a container for
purposes of requiring specific marking
of the conveyance itself, provided that:
(i) The fish or wildlife within the conveyance is carried loosely or is readily
identifiable, and is accompanied by the
document
required
by
paragraph
(a)(1)(ii) of this section, or
(ii) The fish or wildlife is otherwise
packaged and marked in accordance
with this subpart.
(b) The requirements of § 14.81 do not
apply to containers or packages containing—
(1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and
karakul that have been bred and born
in captivity, or their products, if a
signed statement certifying that the
animals were bred and born in captivity accompanies the shipping documents;
(2) Fish or shellfish contained in retail consumer packages labeled pursuant to the Food, Drug and Cosmetic
Act, 21 U.S.C. 301 et seq.; or
(3) Fish or shellfish that are landed
by, and offloaded from, a fishing vessel
(whether or not the catch has been carried by the fishing vessel interstate), as
long as the fish or shellfish remain at
the place where first offloaded.
(Approved by the Office of Management and
Budget under control number 1018–0022)
[52 FR 45341, Nov. 27, 1987, as amended at 61
FR 31871, June 21, 1996]
Subpart I—Import/Export Licenses
and Inspection Fees
SOURCE: 73 FR 74628, Dec. 9, 2008, unless
otherwise noted.
§ 14.91 When do I need an import/export license?
(a) The Endangered Species Act (16
U.S.C. 1538(d)(1)) makes it unlawful for
any person to engage in business as an
importer or exporter of certain fish or
wildlife without first having obtained
permission from the Secretary. For the
purposes of this subchapter, engage in
business means to import or export
wildlife for commercial purposes.
(b) Except as provided in § 14.92, if
you engage in the business of importing or exporting wildlife for commercial purposes (see § 14.4), you must obtain an import/export license prior to
importing or exporting your wildlife
shipment.
(c) The following table includes some
examples of when an import/export license is required:
If I import into the United States or export from the United States
(1) Wildlife in the form of products such
as garments, bags, shoes, boots, jewelry, rugs, trophies, or curios for commercial purposes.
(2) Wildlife in the form of hides, furs, or
skins for commercial purposes.
. . . do I need an
import/export
license?
Yes.
Yes.
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U.S. Fish and Wildlife Serv., Interior
If I import into the United States or export from the United States
(3) Wildlife in the form of food for commercial purposes.
(4) As an animal dealer, animal broker,
pet dealer, or pet or laboratory supplier.
(5) As an individual owner of a personally owned live wildlife pet for personal
use.
(6) As a collector or hobbyist for personal use.
(7) As a collector or hobbyist for commercial purposes, including sale, trade
or barter.
(8) As a laboratory researcher or biomedical supplier for commercial purposes.
(9) As a customs broker or freight forwarder engaged in business as a dispatcher, handler, consolidator, or
transporter of wildlife or if I file documents with the Service on behalf of
others.
(10) As a common carrier engaged in
business as a transporter of wildlife.
(11) As a taxidermist, outfitter, or guide
importing or exporting my own hunting
trophies for commercial purposes.
(12) As a taxidermist, outfitter, or guide
transporting or shipping hunting trophies for clients or customers.
(13) As a U.S. taxidermist receiving a
U.S. client’s personal hunting trophies
after import clearance for processing.
(14) As a U.S. taxidermist importing wildlife from or exporting wildlife to foreign
owners who are requesting my services.
(15) As a foreign owner of wildlife exporting my personal hunting trophies
from the United States to my home.
(16) As a circus for exhibition or resale
purposes.
(17) As a Federal, State, municipal, or
tribal agency.
(18) As a public museum, or public scientific or educational institution for
noncommercial research or educational purposes.
§ 14.92
(2) Live farm-raised fish and farmraised fish eggs of species that do not
require a permit under parts 16, 17, or
23 of this subchapter, that meet the
definition of ‘‘bred-in-captivity’’ as
stated in § 17.3 of this subchapter and
that are for export only; and
(3) Live aquatic invertebrates of the
Class Pelecypoda, commonly known as
oysters, clams, mussels, and scallops,
and their eggs, larvae, or juvenile
forms, that do not require a permit
under parts 16, 17, or 23 of this subchapter, and are exported only for the
purposes of propagation or research related to propagation; and
(4) Pearls that do not require a permit under parts 16, 17, or 23 of this subchapter.
(5)(i) Except as provided in paragraphs (a)(5)(ii) and (iii) of this section,
green sea urchins, Strongylocentrotus
droebachiensis, including any products
of that species, that:
(A) Do not require a permit under
part 16, 17, or 23 of this subchapter;
(B) Are taken in waters under the jurisdiction of the United States or are
imported into the United States for
processing pursuant to the licensing requirements of § 14.91; and
(C) Are exported for purposes of
human or animal consumption.
(ii) The exemption in paragraph
(a)(5)(i) of this section does not apply
to any person who has been convicted
of one or more violations of a Federal
law relating to the importation, transportation, or exportation of wildlife
during the previous 5 years.
(iii) The exemption in paragraph
(a)(5)(i) of this section does not apply
in any State that does not annually
provide ‘‘conservation and management’’ data, as defined in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802), to the applicable Marine
Fisheries Commission, or, if the State
does provide the ‘‘conservation and
management’’ data, and the applicable
Marine Fisheries Commission determines, in consultation with the primary research agency of such Commission, after notice and an opportunity
to comment, that the data fails to
prove that the State agency or official
is engaged in conservation and management of the green sea urchin.
. . . do I need an
import/export
license?
Yes.
Yes.
No.
No.
Yes.
Yes.
No.
No.
Yes.
No.
No.
Yes.
No.
Yes.
No.
No.
rmajette on DSKBCKNHB2PROD with CFR
§ 14.92 What are the exemptions to the
import/export license requirement?
(a) Certain wildlife. Any person may
engage in business as an importer or
exporter of the following types of wildlife without obtaining an import/export
license:
(1) Shellfish (see § 10.12 of this chapter) and nonliving fishery products
that do not require a permit under
parts 16, 17, or 23 of this subchapter,
and are imported or exported for purposes of human or animal consumption
or taken in waters under the jurisdiction of the United States or on the
high seas for recreational purposes;
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§ 14.93
50 CFR Ch. I (10–1–20 Edition)
(b) Certain persons. (1) The following
persons may import or export wildlife
without obtaining an import/export license, provided that these persons keep
records that will fully and correctly describe each importation or exportation
of wildlife made by them and the subsequent disposition made by them with
respect to the wildlife.
(i) Public museums, or other public,
scientific, or educational institutions,
importing or exporting wildlife for
noncommercial research or educational
purposes; and
(ii) Federal, State, tribal, or municipal agencies.
(2) Subject to applicable limitations
of law, duly authorized Service officers
at all reasonable times will, upon notice, be given access to these persons’
places of business, an opportunity to
examine their inventory of imported
wildlife or the wildlife to be exported,
the records described in paragraph (1)
of this section, and an opportunity to
copy those records.
and correctly describe each import or
export of wildlife that you made under
the import/export license and, if applicable, any subsequent disposition that
you made of the wildlife, for a period of
5 years:
(i) A general description of the wildlife, such as ‘‘live,’’ ‘‘raw hides,’’ ‘‘fur
garments,’’ ‘‘leather goods,’’ ‘‘footwear,’’ or ‘‘jewelry’’;
(ii) The quantity of the wildlife, in
numbers, weight, or other appropriate
measure;
(iii) The common and scientific
names of the wildlife;
(iv) The country of origin of the wildlife, if known, as defined in § 10.12 of
this subchapter;
(v) The date and place the wildlife
was imported or exported;
(vi) The date of the subsequent disposition, if applicable, of the wildlife
and the manner of the subsequent disposition, whether by sale, barter, consignment, loan, delivery, destruction,
or other means;
(vii) The name, address, telephone,
and e-mail address, if known, of the
person or business who received the
wildlife;
(viii) Copies of all permits required
by the laws and regulations of the
United States; and
(ix) Copies of all permits required by
the laws of any country of export, reexport, or origin of the wildlife.
(5) You must, upon notice, provide
authorized Service officers with access
to your place(s) of business at all reasonable times and give us an opportunity to examine your inventory of
imported wildlife or the wildlife to be
exported, the records required to be
kept by paragraph (b)(4) of this section,
and an opportunity to copy these
records subject to applicable limitations of the law;
(6) You must submit a report containing the information you must keep
in paragraph (b)(4) of this section within 30 days of receiving a written request from us; and
(7) An import/export license gives
you general permission to engage in
business as an importer or exporter of
wildlife. An import/export license is in
addition to, and does not supersede,
any other license, permit, or requirement established by Federal, State, or
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[73 FR 74628, Dec. 9, 2008, as amended at 84
FR 29808, June 25, 2019]
§ 14.93 How do I apply for an import/
export license?
(a) Application form. You must submit
a completed FWS Form 3–200–3, including the certification found on the form
and in § 13.12(a) of this subchapter, to
the appropriate regional Special Agent
in Charge under the provisions of this
subpart and part 13 of this subchapter.
(b) Import/export license conditions. In
addition to the general permit conditions in part 13 of this subchapter, you
must comply with the following conditions:
(1) You must comply with all requirements of this part, all other applicable
parts of this subchapter, and any specific conditions or authorizations described on the face of, or on an annex
to, the import/export license;
(2) You must pay all applicable license and inspection fees as required in
§ 14.94;
(3) You are responsible for providing
current contact information to us, including a mailing address where you
will receive all official notices the
Service sends;
(4) You must keep, in a U.S. location,
the following records that completely
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U.S. Fish and Wildlife Serv., Interior
§ 14.94
(d) Staffed nondesignated port base inspection fees. You must pay a nondesignated port base inspection fee, as defined in § 14.94(h)(2), for each wildlife
shipment imported or exported at a
staffed nondesignated port, using a designated port exception permit issued
under subpart C of this part. This fee is
in place of, not in addition to, the designated port base fee.
(e) Nonstaffed, nondesignated port base
inspection fees. You must pay a nondesignated port base inspection fee, as defined in § 14.94(h)(3), for each wildlife
shipment imported or exported at a
nonstaffed, nondesignated port using a
designated port exception permit
issued under subpart C of this part.
You must also pay all travel, transportation, and per diem costs associated
with inspection of the shipment. These
fees are in place of, not in addition to,
the designated port base fee. The Service will prorate charges for travel,
transportation, and per diem costs if
multiple importers or exporters require
inspection at the same time at the
same location. All applicable base and
premium fees apply to each shipment.
(f) Premium inspection fees. You must
pay a premium inspection fee in addition to any base inspection fees required in paragraphs (c), (d), and (e) of
this section, as defined in § 14.94(h)(4),
for the following types of shipments:
(1) Except as provided in paragraph
(k) of this section, any shipment containing live or protected species, as defined in § 14.94(h)(4), imported or exported by an import/export license
holder at a designated port or a port
acting as a designated port. You can
find a list of designated ports in § 14.12
and the criteria that allow certain
ports to act as designated ports in
§§ 14.16–14.19, § 14.22, and § 14.24;
(2) Any shipment containing live or
protected species, as defined in
§ 14.94(h)(4), imported or exported via
air, ocean, rail, or truck cargo, by persons not requiring an import/export license under § 14.91, at a designated port
or a port acting as a designated port.
You can find a list of designated ports
in § 14.12 and the criteria that allow
certain ports to act as designated ports
in §§ 14.16–14.19, § 14.22, and § 14.24;
(3) Any shipment containing live or
protected species, as defined in
rmajette on DSKBCKNHB2PROD with CFR
tribal law for the import or export of
wildlife.
(c) Duration of import/export license.
Any import/export license issued under
this section expires on the date shown
on the face of the import/export license. In no case will the import/export
license be valid for more than 1 year
after the date of issuance.
(d) Issuance, denial, suspension, revocation, or renewal of import/export license. We may deny, suspend, revoke,
restrict, or deny renewal of an import/
export license to any person named as
the holder, or a principal officer or
agent of the holder, under any of the
criteria described in part 13 of this
chapter or under the following criteria:
(1) Failure to pay fees, penalties, or
costs required by this part;
(2) You repeatedly fail to notify our
Service officers at the appropriate port
at least 48 hours prior to the estimated
time of arrival of a live or perishable
wildlife shipment under § 14.54(a) or at
least 48 hours prior to the estimated
time of exportation of any wildlife
under § 14.54(f);
(3) You repeatedly import or export
certain types of wildlife without meeting the requirements of this part or
other applicable parts of this subchapter.
§ 14.94 What fees apply to me?
(a) Import/export license application
fees. You must pay the application and
amendment
fees,
as
defined
in
§ 13.11(d)(4), for any required import/export license processed under § 14.93 and
part 13 of this subchapter.
(b) Designated port exception permit application fees. You must pay the application and amendment fees, as defined
in § 13.11(d)(4), for any required designated port exception permit processed under subpart C of this part.
(c) Designated port base inspection fees.
Except as provided in paragraph (k) of
this section, an import/export license
holder must pay a base inspection fee,
as defined in § 14.94(h)(1), for each wildlife shipment imported or exported at a
designated port or a port acting as a
designated port. You can find a list of
designated ports in § 14.12 and the criteria that allow certain ports to act as
designated ports in §§ 14.16–14.19, § 14.22,
and § 14.24 of this part.
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§ 14.94
50 CFR Ch. I (10–1–20 Edition)
§ 14.94(h)(4), imported or exported at a
nondesignated port using a designated
port exception permit issued under subpart C of this part.
(4) You must pay two premium inspection fees in addition to any base
inspection fees required in paragraphs
(c), (d), and (e) of this section, as defined in § 14.94(h)(4), if your wildlife
shipment contains live and protected
species.
(g) Overtime fees. You must pay fees
for any inspections, including travel
time, that begin before normal working
hours, that extend beyond normal
working hours, or are on a Federal holiday, Saturday, or Sunday.
(1) Overtime fees are in addition to
any base inspection fees or premium
inspection fees required for each shipment. We will charge these fees regardless of whether or not you have an import/export license.
(2) Our ability to perform inspections
during overtime hours will depend
upon the availability of Service personnel. If we cannot perform an inspection during normal working hours, we
may give you the option of requesting
an overtime inspection.
(3) The overtime fee is calculated
using a 2-hour minimum plus any actual time in excess of the minimum. It
incorporates the actual time to conduct an inspection and the travel time
to and from the inspection location.
(4) The Service will charge any overtime, including travel time, in excess
of the minimum in quarter-hour increments of the hourly rate. The Service
will round up an inspection time of 10
minutes or more beyond a quarter-hour
increment to the next quarter-hour and
will disregard any time over a quarterhour increment that is less than 10
minutes.
(5) The Service will charge only one
overtime fee when multiple shipments
are consigned to or are to be exported
by the same importer or exporter and
we inspect all at the same time at one
location. The overtime fee will consist
of one 2-hour minimum or the actual
time for inspection of all the applicable
shipments, whichever is greater. All
applicable base and premium fees will
apply to each shipment.
(6) We will charge 1 hour of time at
11⁄2 times the hourly labor rate for inspections beginning less than 1 hour
before normal working hours.
(7) We will charge a minimum of 2
hours of time at an hourly rate of 11⁄2
times the average hourly labor rate for
inspections outside normal working
hours, except for inspections performed
on a Federal holiday.
(8) We will charge a minimum of 2
hours of time at an hourly rate of 2
times the average hourly labor rate for
inspections performed on a Federal
holiday.
(h) Fee schedule.
Fee cost per shipment per year
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Inspection fee schedule
(1) Designated port base inspection fee
(see § 14.94 (c)).
(2) Staffed nondesignated port base inspection fee (see § 14.94(d)).
(3) Nonstaffed nondesignated port base inspection fee (see § 14.94(e)).
(4) Premium inspection fee at any port (see
§ 14.94 (f)):
(i) Protected species. Any species
that requires a permit under
parts 15, 16, 17, 18, 21, 22, or
23 of this chapter;.
(ii) Live species. Any live wildlife,
including live viable eggs and
live pupae.
(5)
Overtime
inspection
fee
(see
§ 14.94(g)):
(i) Inspections beginning less than
1 hour before normal work hours.
2012 and
beyond
2008
2009
2010
2011
$85 ................
$87 ................
$89 ................
$91 ................
$93.
$133 ..............
$136 ..............
$139 ..............
$142 ..............
$145.
$133 ..............
$136 ..............
$139 ..............
$142 ..............
$145.
$19 ................
$37 ................
$56 ................
$74 ................
$93.
$19 ................
$37 ................
$56 ................
$74 ................
$93.
$48 ................
$49 ................
$51 ................
$52 ................
$53.
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U.S. Fish and Wildlife Serv., Interior
§ 14.94
Fee cost per shipment per year
Inspection fee schedule
2008
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(ii) Inspections after normal work
hours, including Saturday and
Sunday. (2 hour minimum
charge plus fee for additional
time).
(iii) Inspections on Federal holidays. (2 hour minimum charge
plus fee for additional time).
2009
2010
2012 and
beyond
2011
$96 min. +
$48/hr.
$98 min. +
$49/hr.
$101 min. +
$51/hr.
$103 min. +
$52/hr.
$105 min. +
$53/hr.
$128 min. +
$64/hr.
$131 min.+
$65/hr.
$133 min. +
$67/hr.
$136 min. +
$68/hr.
$139 min. +
$70/hr.
(i) The Service will not refund any
fee or any portion of any license or inspection fee or excuse payment of any
fee because importation, exportation,
or clearance of a wildlife shipment is
refused for any reason.
(j) All base inspection fees, premium
inspection fees, and overtime fees will
apply regardless of whether or not a
physical inspection of your wildlife
shipment is performed, and no fees will
be prorated except as provided in paragraphs (e) and (g)(5) of this section.
(k) Exemptions to inspection fees—(1)
Certain North American-origin wild mammal furs or skins. Wildlife shipments
that meet all of the following criteria
are exempt from the designated port
base inspection fee (however, these
shipments are not exempt from the
designated port overtime fees or the
import/export license application fee):
(i) The wildlife is a raw fur; raw, salted, or crusted hide or skin; or a separate fur or skin part, lawfully taken
from the wild in the United States,
Canada, or Mexico that does not require permits under parts 17, 18, or 23 of
this chapter; and
(ii) You, as the importer or exporter,
or a member of your immediate family,
such as your spouse, parents, siblings,
and children, took the wildlife from
the wild and are shipping the wildlife
between the United States and Canada
or Mexico; and
(iii) You have not previously bought
or sold the wildlife described in paragraph (k)(1)(i) of this section, and the
shipment does not exceed 100 raw furs;
raw, salted, or crusted hides or skins;
or fur or skin parts; and
(iv) You certify on Form 3–177, Declaration for Importation or Exportation of Fish or Wildlife, that your
shipment meets all the criteria in this
section.
(2) You do not have to pay base inspection fees, premium inspection fees,
or overtime fees if you are importing
or exporting wildlife that is exempt
from import/export license requirements as defined in § 14.92(a) or you are
importing or exporting wildlife as a
government agency as defined in
§ 14.92(b)(1)(ii).
(3) You do not have to pay base inspection fees, premium inspection fees,
or overtime fees if you are importing
or exporting wildlife that meets the
criteria for ‘‘domesticated animals’’ as
defined in § 14.4.
(4) Fee exemption program for low-risk
importations and exportations—(i) Program criteria. Businesses that require
an import/export license under § 14.93
may be exempt from the designated
port base inspection fee as set forth in
this paragraph (k)(4)(i). To participate
in this program, you, the U.S. importer
or exporter, must continue to pay the
overtime fees, the nondesignated port
base fees, or the import/export license
and nondesignated port application
fees, and your business must meet all
of the following conditions:
(A) Each shipment does not contain
live wildlife.
(B) Each shipment does not contain
wildlife that requires a permit or certificate under parts 15, 17, 18, 20, 21, 22,
or 23 of this chapter or is listed under
part 16 of this chapter.
(C) Each shipment contains 25 or
fewer wildlife parts and products containing wildlife.
(D) Each wildlife shipment is valued
at $5,000 or less.
(E) Your business has not been assessed a civil penalty, issued a violation notice, or convicted of any misdemeanor or felony violations involving the import or export of wildlife.
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§ 14.101
50 CFR Ch. I (10–1–20 Edition)
(F) Your business has had two or
fewer wildlife shipments that were refused clearance in the 5 years prior to
the receipt of your request by the Service.
(G) Your business has not previously
participated in the program and been
removed for failure to meet the criteria.
(ii) Program participation. To participate in the fee exemption program for
low-risk
importations
and
exportations, you must use the Service’s
electronic declaration filing system
(eDecs) and take the following actions:
(A) You must certify that you will
exclusively import and export wildlife
shipments that meet all the criteria in
paragraph (k)(4)(i) of this section and
renew this certification annually. Upon
completion of the certification and review of the criteria by the Service,
eDecs will notify you if you have been
approved to participate in the program.
(B) You must continue to meet the
criteria in paragraph (k)(4)(i) of this
section while participating in the program. If you fail to meet the criteria
after approval, you will be removed
from the program and must pay all applicable fees.
(C) If approved to participate in the
program you must file FWS Form 3–177
and all required accompanying documents electronically using eDecs for
each shipment and meet all other requirements of this part.
section 9(d) of the Lacey Act Amendments of 1981.
§ 14.102
[73 FR 74628, Dec. 9, 2008, as amended at 77
FR 65326, Oct. 26, 2012]
Subpart J—Standards for the Humane and Healthful Transport
of Wild Mammals and Birds to
the United States
SOURCE: 57 FR 27108, June 17, 1992, unless
otherwise noted.
rmajette on DSKBCKNHB2PROD with CFR
§ 14.101
Definitions.
In addition to the definitions contained in part 10 of subchapter B of this
chapter, in this subpart—
Ambient air temperature means the
temperature of the air surrounding a
primary enclosure containing a wild
mammal or bird.
Auxiliary ventilation means cooling or
air circulation provided by such means
as vents, fans, blowers, or air conditioning.
Carrier means any person operating
an airline, railroad, motor carrier,
shipping line, or other enterprise engaged in the business of transporting
any wild mammal or bird for any purpose including exhibition and for any
person, including itself.
Communicable disease means any contagious, infectious, or transmissible
disease of wild mammals or birds.
Conveyance means any vehicle, vessel, or aircraft employed to transport
an animal between its origin and destination.
Do not tip means do not excessively
rock or otherwise move from a vertical
to a slanting position, knock over, or
upset.
Handle means feed, manipulate,
crate, shift, transfer, immobilize, restrain, treat, or otherwise control the
movement or activities of any wild
mammal or bird.
Holding area means a designated area
at or within a terminal facility that
has been specially prepared to provide
shelter and other requirements of wild
mammals or birds being transported to
the United States and in which such
mammals or birds are maintained prior
to, during, or following such shipment.
Kept clean means maintained free
from dirt, trash, refuse, excreta, remains from other cargo, and impurities
of any type.
Marine mammal means an individual
of a species of the orders Cetacea,
Pinnipedia, or Sirenia, or a polar bear
(Ursus maritimus) or sea otter (Enhydra
lutris).
Noncompatible means not capable of
existing together in harmony.
Purposes.
The purpose of this subpart is to prescribe requirements necessary to ensure that live wild mammals and birds
shipped to the United States arrive
alive, healthy, and uninjured, and that
transportation of such animals occurs
under humane and healthful conditions. These regulations implement
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U.S. Fish and Wildlife Serv., Interior
§ 14.105
Nonhuman
primate
means
any
nonhuman member of the order Primates.
Normal rigors of transportation means
the stress that a wild animal can be expected to experience as a result of exposure to unaccustomed surroundings,
unfamiliar confinement, caging, unfamiliar sounds, motion, and other conditions commonly encountered during
transport.
Primary enclosure means any structure used to restrict a mammal or bird
to a limited amount of space, such as a
cage, room, pen, run, stall, pool, or
hutch.
Professionally
accepted
standards
means a level of practice established as
acceptable by a body of qualified persons of the veterinary medical profession.
Psychological trauma means an episode of exposure to stressful conditions
resulting in significant behavioral abnormality including, but not limited
to, manifestations of unaccustomed aggressiveness, self-mutilation, or refusal
of food or water.
Raptor means a live migratory bird of
the order Falconiformes or the order
Strigiformes.
Sanitize means to make physically
clean and, as far as possible, free of
toxic or infectious agents injurious to
the health of wild mammals or birds.
Scheduled departure time means the
time listed on a timetable of departures and arrivals or, in the absence of
a timetable, the time of departure
agreed to by a carrier and shipper.
Shipper means any person, other than
a carrier, involved in the transport of
wild animals to the United States regardless of the purpose of such transport; e.g., exporter, importer, or agent.
Terrestrial mammals means mammals
other than marine mammals.
Transport means to move, convey,
carry, or ship by any means, or to deliver or receive for the purpose of
movement, carriage, or shipment, by
air, land, or sea.
Transporting device means any vehicle
or device used to transport an animal
between a conveyance and a terminal
facility, in and around a terminal facility of a carrier, or within a conveyance.
Unweaned means a bird or mammal
incapable of feeding itself independently.
Wild means the same as fish or wildlife, as defined in § 10.12 of this chapter.
§ 14.103 Prohibitions.
Unless the requirements of this subpart are fully satisfied and all other
legal requirements are met, it is unlawful for any person to transport to
the United States, cause to be transported to the United States, or allow to
be transported to the United States
any live wild mammal or bird. It shall
be unlawful for any person to import,
to transport, or to cause or permit to
be transported to the United States
any wild mammal or bird under inhumane or unhealthful conditions or in
violation of this subpart J.
§ 14.104 Translations.
Any certificate or document required
by this subpart to accompany a mammal or bird transported to the United
States and written in a foreign language must be accompanied by an accurate English translation.
§ 14.105 Consignment to carrier.
(a) No carrier shall accept any live
wild mammal or bird for transport to
the United States that has not been examined within 10 days prior to commencement of transport to the United
States by a veterinarian certified as
qualified by the national government
of the initial country from which the
mammal or bird is being exported. If
the national government of such country does not certify veterinarians, then
the veterinarian must be certified or licensed by a local government authority designated by the national government as authorized to certify veterinarians.
(b)(1) A certificate of veterinary medical inspection, signed by the examining veterinarian, stating that the
animal has been examined, is healthy,
appears to be free of any communicable
disease, and is able to withstand the
normal rigors of transport must accompany the mammal or bird; the certificate should include the veterinarian’s license number, certification
number, or equivalent. A mammal in
the last third of its pregnancy, if this
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§ 14.106
50 CFR Ch. I (10–1–20 Edition)
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is detectable using professionally accepted standards, shall not be accepted
for transport to the United States except for medical treatment and unless
the examining veterinarian certifies in
writing that the animal has been examined, the state of pregnancy has been
evaluated, and that, despite the medical condition requiring treatment, the
animal is physically able to withstand
the normal rigors of transportation to
the United States.
(2) A nursing mother with young, an
unweaned mammal unaccompanied by
its mother, or an unweaned bird shall
be transported only if the primary purpose is for needed medical treatment
and upon certification in writing by
the examining veterinarian that the
treatment is necessary and the animal
is able to withstand the normal rigors
of transport. Such an unweaned mammal or bird shall not be transported to
the United States for medical treatment unless it is accompanied at all
times by and completely accessible to
a veterinary attendant.
(c) A sick or injured wild mammal or
bird shall be permitted transport to the
United States only if the primary purpose of such transport is for needed
medical treatment and upon certification in writing by the examining veterinarian that the treatment is necessary and the animal is able to withstand the normal rigors of travel in its
present condition. A sick or injured
animal shall be accompanied at all
times throughout the transport process
by a veterinary attendant qualified to
care for and treat it, with continuous
access to the animal. This individual
shall be in possession of or have ready
access to all medications to be administered during the transport.
(d) No carrier shall accept any wild
mammal or bird for transport to the
United States presented by the shipper
less than 2 hours or more than 6 hours
prior to the scheduled departure of the
conveyance on which it is to be transported. The carrier shall notify the
crew of the presence of live animal
shipments.
that does not conform to the following
requirements:
(a) The Container Requirements of
the Live Animal Regulations (LAR),
20th edition, October 1, 1993, published
by the International Air Transport Association (IATA) shall be complied
with by all parties transporting wild
mammals or birds to the United
States. The incorporation by reference
of the LAR was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from
IATA, 2000 Peel St., Montreal, Quebec,
Canada H3A 2R4. Copies may be inspected at the U.S. Fish and Wildlife
Service Headquarters (see 50 CFR 2.1(b)
for address) or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA, call
202–741–6030,
or
go
to:
http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
(b) A primary enclosure shall be constructed so that—
(1) The strength of the enclosure is
sufficient to contain the mammal or
bird and to withstand the normal effects of transport;
(2) The interior of the enclosure is
free from any protrusion that could be
injurious to the mammal or bird within;
(3) No part of the animal can extend
or protrude outside of the primary enclosure which may result in injury to
the contained animal, to nearby persons or animals, or to handlers of the
primary enclosure;
(4) Access to the primary enclosure is
closed and secured with an animalproof device designed to prevent accidental opening and release of the mammal or bird;
(5) The opening of the enclosure is
easily accessible for either emergency
removal or inspection of the mammal
or bird by authorized personnel without the risk of escape of the mammal
or bird;
(6) The enclosure has sufficient openings to ensure adequate circulation of
air at all times.
(7) The material of which the primary enclosure is constructed is not
treated with any paint, preservative, or
§ 14.106 Primary enclosures.
No carrier shall accept for transport
to the United States any live wild
mammal or bird in a primary enclosure
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rmajette on DSKBCKNHB2PROD with CFR
U.S. Fish and Wildlife Serv., Interior
§ 14.106
other chemical that is injurious or otherwise harmful to the health or wellbeing of mammals and birds.
(c) Unless the enclosure is permanently affixed in the conveyance or has
an open top for certain large mammals,
spacer bars allowing circulation of air
around the enclosure shall be fitted to
the exterior of its top, sides, and base.
Spacer bars on an enclosure need extend no more than 6 inches (15 centimeters) from the surface of the enclosure. Within this 6 inch limit, the spacers on an enclosure containing one animal shall extend a distance equal to at
least 10 percent of the longer dimension of the surface to which they are
attached, and the spacers on an enclosure containing more than one animal
shall extend a distance equal to at
least 20 percent of the longer dimension of the surface to which they are
attached. Hand-holds may serve as
spacer bars for the sides of the enclosure to which they are attached. A primary enclosure constructed with one
or more slanted or curved walls containing ventilation openings need not
be fitted with spacer bars on such
walls.
(d) An enclosure that is not permanently affixed within the conveyance
shall have adequate hand-holds or
other devices for lifting by hand or to
facilitate lifting and carrying by machine. Such hand-holds or other devices
shall be made an integral part of the
enclosure, shall enable it to be lifted
without excessive tipping, and shall be
designed so that the person handling
the enclosure will not come in contact
with the animals contained therein.
(e) An enclosure shall have a solid,
leak-proof bottom or removable, leakproof collection tray under a slatted or
wire mesh floor. The slatted or wire
mesh floor shall be designed and constructed so that the spaces between the
slats or the holes in the mesh cannot
trap the limbs of animals contained
within the enclosure. An enclosure for
mammals shall contain unused absorbent litter on the solid bottom or in the
leak-proof tray in sufficient quantity
to absorb and cover excreta. This litter
shall be safe and nontoxic and shall not
resemble food normally consumed by
the mammals. An enclosure used to
transport marine mammals in water,
in a waterproof enclosure, a sling, or
on foam is exempt from the requirement to contain litter. An enclosure
used to transport birds shall not contain litter, unless it is specified in
writing by the examining veterinarian
as medically necessary.
(f) If an enclosure has been previously used to transport or store wild
mammals or birds, it shall have been
cleaned and sanitized in a manner that
will destroy pathogenic agents and
pests injurious to the health of mammals and birds before the enclosure can
be re-used.
(g) An enclosure that is not permanently affixed in the conveyance shall
be clearly marked in English on the
outside of the top and one or more
sides of the enclosure, in letters not
less than 2.5 centimeters (1 inch) in
height, ‘‘Live Animals’’ or ‘‘Wild Animals’’, ‘‘Do Not Tip,’’ ‘‘Only Authorized Personnel May Open Container,’’
and other appropriate or required instructions. All enclosure sides shall
also be conspicuously marked on the
outside with arrows to indicate the
correct upright position of the enclosure. These arrows should extend up
the sides of the enclosure so that the
point of the arrow is visible and clearly
indicates the top of the enclosure.
(h) Food and water instructions as
specified in § 14.108, information regarding what constitutes obvious signs of
stress in the species being transported,
and information about any drugs or
medication to be administered by the
accompanying veterinary attendant
shall be securely attached to each enclosure. Copies of shipping documents
accompanying the shipment shall also
be securely attached to the primary enclosure. Original documents shall be
carried in the carrier’s pouch or manifest container or by the shipper’s attendant accompanying the wild mammal or bird.
(i) Any food and water troughs shall
be securely attached to the interior of
the enclosure in such a manner that
the troughs can be filled from outside
the enclosure. Any opening providing
access to a trough shall be capable of
being securely closed with an animalproof device. A water trough in an enclosure containing birds shall contain a
foam or sponge insert, a perforated
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§ 14.107
50 CFR Ch. I (10–1–20 Edition)
wooden block, or other suitable device
to prevent spillage or drowning.
(j) When a primary enclosure is permanently affixed within a conveyance
so that its front opening is the only
source of ventilation, the opening shall
face the outside of the conveyance or
an unobstructed aisle or passageway
within the conveyance. Such an aisle
or passageway shall be at least 12
inches (30 centimeters) wide. The opening in the primary enclosure shall occupy at least 90 percent of the total
surface area of the front wall of the enclosure and be covered with bars or
wire mesh.
are securely affixed to the outside of
its primary enclosure. Such instructions shall be consistent with professionally accepted standards of care and
include specifically the quantity of
water required, the amount and type of
food required, and the frequency of
feeding and watering necessary to ensure that the animal is transported humanely and healthfully.
(b) A mammal or bird requiring
drinking
water
shall
have
uncontaminated water suitable for
drinking made available to it at all
times prior to commencement of transport to the United States, during intermediate stopovers, and upon arrival in
the United States, or as directed by the
shipper’s written instructions.
(c) A mammal or bird that obtains
moisture from fruits or other food shall
be provided such food prior to commencement of transport to the United
States, during stopovers, and upon arrival in the United States, or as directed by the shipper’s written instructions.
(d) During a stopover or while still in
the custody of the carrier after arrival
in the United States, a mammal or bird
in transit shall be observed no less frequently than once every four hours and
given food and water according to the
instructions required by § 14.108(a).
(e) Suitable and sufficient food shall
be made available during transport.
(f) Additional requirements for feeding and watering particular kinds of
animals are found below in the specifications for the various groups.
[57 FR 27108, June 17, 1992, as amended at 59
FR 36719, July 19, 1994; 69 FR 18803, Apr. 9,
2004; 79 FR 43964, July 29, 2014]
rmajette on DSKBCKNHB2PROD with CFR
§ 14.107 Conveyance.
(a) The animal cargo space of a conveyance used to transport wild mammals or birds to the United States shall
be designed, constructed, and maintained so as to ensure the humane and
healthful transport of the animals.
(b) The cargo space shall be constructed and maintained so as to prevent the harmful ingress of engine exhaust fumes and gases produced by the
conveyance.
(c) No wild mammal or bird shall be
placed in a cargo space of a conveyance
that does not provide sufficient air for
it to breathe normally. Primary enclosures shall be positioned in a cargo
space in such a manner that each animal has access to sufficient air for normal breathing.
(d) The interior of an animal cargo
space shall be kept clean of diseasecausing agents.
(e) A wild mammal or bird shall not
be transported in a cargo space that
contains any material, substance, or
device that may reasonably be expected to result in inhumane conditions or be injurious to the animal’s
health unless all reasonable precautions are taken to prevent such
conditions or injury.
§ 14.109 Care in transit.
(a) During transportation to the
United States, including any stopovers
during transport, the carrier shall visually inspect each primary enclosure
not less than once every 4 hours, or in
the case of air transport, every 4 hours
whenever the cargo hold is accessible.
During such inspections, the carrier
shall verify that the ambient air temperature is within allowable limits (see
§ 14.109(b)), that enclosures have not
been damaged, that adequate ventilation is being provided, and when transport is by air, that air pressure suitable to support live animals is maintained within the cargo area (pressure
equivalent to a maximum altitude of
§ 14.108 Food and water.
(a) No carrier shall accept any wild
mammal or bird for transport to the
United States unless written instructions from the shipper concerning the
animal’s food and water requirements
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U.S. Fish and Wildlife Serv., Interior
§ 14.111
8000 feet). During these observations
the carrier shall also determine whether any animals are in obvious distress
as described in documents attached to
the enclosure. The absence of such a
document or the absence of information as to signs of distress shall not remove this responsibility. The carrier
shall attempt to correct any condition
causing distress and shall consult the
shipper concerning any possible need
for veterinary care if no veterinary attendant is traveling with the shipment;
if the shipper cannot be reached in the
case of an emergency, qualified veterinary care should be provided. A veterinarian or qualified attendant traveling
with the shipment shall be provided access to the animal.
(b) Unless otherwise specified in writing by the examining veterinarian the
ambient air temperature in a holding
area, transporting device, conveyance
or terminal facility containing mammals or birds shall not be allowed to
fall below 12.8 degrees C (55 degrees F)
nor to exceed 26.7 degrees C (80 degrees
F). Auxiliary ventilation shall be provided when the ambient air temperature is 23.9 degrees C (75 degrees F) or
higher. In the case of penguins and
auks, the ambient air temperature
shall not be allowed to exceed 18.3 degrees C (65 degrees F) at any time, and
auxiliary ventilation shall be provided
when the ambient air temperature exceeds 15.6 degrees C (60 degrees F). In
the case of polar bears and sea otters,
ambient air temperature shall not be
allowed to exceed 10 degrees C (50 degrees F).
rmajette on DSKBCKNHB2PROD with CFR
§ 14.110
in which vermin infestation is minimized;
(2) An effective program for the control of insects, ectoparasites, and pests
of mammals or birds;
(3) Sufficient fresh air to allow the
animals to breathe normally with ventilation maintained so as to minimize
drafts, odors, and moisture condensation;
(4) Ambient air temperatures maintained within prescribed limits as specified in § 14.109(b).
§ 14.111 Handling.
(a) Care shall be exercised to avoid
handling the primary enclosure in a
manner likely to cause physical or psychological trauma to the mammal or
bird.
(b) A primary enclosure used to move
any mammal or bird shall not be
dropped, tipped excessively, or otherwise mishandled, and shall not be
stacked or placed in a manner that
may reasonably be expected to result
in its falling or being tipped.
(c) Animals incompatible with one
another shall not be crated together or
held in close proximity.
(d) Transport of mammals or birds to
the United States shall be accomplished by the carrier in the most expeditious manner, with the fewest stopovers possible, and without unnecessary delays.
(e) Consistent with other procedures
and requirements of the carrier, live
wild mammals or birds shall be last
loaded and first unloaded from a conveyance.
(f) A carrier shall not allow mammals
or birds to remain for extended periods
of time outside a holding area and shall
move them between a holding area and
a conveyance as expeditiously as possible. A carrier or shipper maintaining
mammals or birds in a holding area, or
transporting them to or from a holding
area or between a holding area and a
conveyance, shall provide the following:
(1) Shelter from sunlight. When sunlight is likely to cause overheating or
discomfort, sufficient shade shall be
provided to protect animals from the
direct rays of the sun.
(2) Shelter from precipitation. Animals shall be provided protection so
Terminal facilities.
(a) Any terminal facility used for
wild mammal or bird transport in the
country of export, stopover countries,
or the United States shall contain an
animal holding area or areas. No carrier or shipper shall co-mingle live animal shipments with inanimate cargo in
an animal holding area.
(b) A carrier or shipper holding any
wild mammal or bird in a terminal facility shall provide the following:
(1) A holding area cleaned and sanitized so as to destroy pathogenic
agents, maintained so that there is no
accumulation of debris or excreta, and
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§ 14.112
50 CFR Ch. I (10–1–20 Edition)
that they remain dry during rain,
snow, or other forms of precipitation.
(3) Shelter from cold. Animals shall
be provided protection from cold. Protection shall include, but not be limited to, that provided by covering and/
or heating of transporting devices,
holding areas, conveyances or terminal
facilities.
(4) Protection from harassment. Animals shall be protected from disturbances, including, but not limited to,
harassment by humans, other animals,
or machinery that makes noise, emits
fumes, heat, or light, or causes vibration.
on at least two walls of a primary enclosure. When the required ventilation
openings are located on two opposite
walls of the primary enclosure, these
ventilation openings shall comprise at
least 30 percent of the total surface
area of the ventilated wall and be situated above the midline of the enclosure. If ventilation openings are located on all four walls of the enclosure,
the openings on each wall shall comprise at least 20 percent of the total
surface area of the wall and be situated
above the midline of the primary enclosure.
§ 14.122 Food and water.
(a) A nonhuman primate shall be provided water suitable for drinking within 4 hours prior to commencement of
transport to the United States unless
the shipper’s written instructions direct otherwise. A carrier shall provide
suitable drinking water to any primate
at least every 12 hours after acceptance
for transport to the United States, unless instructed in writing to do so more
frequently by the shipper.
(b) After acceptance for transport,
and unless otherwise instructed in
writing by the shipper, a carrier shall
provide suitable food to any nonhuman
primate at least once every 12 hours.
§ 14.112 Other applicable provisions.
In addition to the provisions of
§§ 14.101–14.111, the requirements of
§§ 14.121–14.172 applicable for particular
groups of animals shall be met for all
shipments of wild mammals and birds
covered by this part.
rmajette on DSKBCKNHB2PROD with CFR
SPECIFICATIONS FOR NONHUMAN
PRIMATES
§ 14.121 Primary enclosures.
(a) No more than one primate shall
be transported in a primary enclosure.
However, a mother and her nursing
young being transported to the United
States for medical treatment, an established male-female pair, a family
group, a pair of juvenile animals that
have not reached puberty, or other
pairs of animals that have been habitually housed together may be shipped
in the same primary enclosure. Primates of different species shall not be
shipped together in the same enclosure.
(b) A primary enclosure used to
transport a primate shall be large
enough to ensure that the animal has
sufficient space to turn around freely
in a normal manner, lie down, stand up
(as appropriate for the species), and sit
in a normal upright position without
its head touching the top of the enclosure. However, a primate may be restricted in its movements according to
professionally accepted standards of
care when greater freedom of movement would constitute a danger to the
primate or to its handler or other persons.
(c) Except as provided in § 14.106(j),
ventilation openings must be located
§ 14.123 Care in transit.
(a) A primate shall be observed for
signs of distress and given food and
water according to the shipper’s instructions during any intermediate
stop that lasts more than 4 hours.
(b) Care shall be taken to keep enclosures containing primates sufficiently
separated in the conveyance or holding
area to minimize the risk of spread of
disease from one species or shipment to
another.
SPECIFICATIONS FOR MARINE MAMMALS
(CETACEANS, SIRENIANS, SEA OTTERS,
PINNIPEDS, AND POLAR BEARS)
§ 14.131 Primary enclosures.
(a) A primary enclosure that is not
open on top shall have air inlets situated at heights that provide cross ventilation at all levels and that are located on all four sides of the enclosure.
Such ventilation openings shall comprise not less than 20 percent of the
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U.S. Fish and Wildlife Serv., Interior
§ 14.133
total surface area of each side of the
enclosure.
(b) Straps, slings, harnesses, or other
such devices used for body support or
restraint when transporting marine
mammals such as cetaceans or sirenians shall meet the following requirements:
(1) The devices shall not prevent attendants from having access to the
mammal to administer care during
transportation;
(2) The devices shall be equipped with
sufficient padding to prevent trauma or
injury at points of contact with the
mammal’s body;
(3) Slings or harnesses shall allow
free movement of flippers outside of
the harness or sling;
(4) The devices shall be capable of
preventing the mammal from thrashing about and causing injury to itself,
handlers, or other persons, but shall be
designed so as not to cause injury to
the mammal.
(c) A primary enclosure used to
transport marine mammals shall be
large enough to assure the following:
(1) A sea otter or polar bear has sufficient space to turn about freely with
all four feet on the floor and to sit in
an upright position, stand, or lie in a
natural position;
(2) A pinniped has sufficient space to
lie in a natural position;
(3) If a sling, harness, or other supporting device is used, there are at
least 3 inches (7.5 centimeters) of clearance between any body part and the
primary enclosure;
(d) A marine mammal may be restricted in its movements according to
professionally accepted standards of
care when freedom of movement would
constitute a danger to the animal or to
handlers or other persons.
(e) All marine mammals contained in
a given primary enclosure shall be of
the same species and be maintained in
compatible groups. A marine mammal
that has not reached puberty shall not
be transported in the same primary enclosure with an adult marine mammal
other than its mother. Socially dependent animals (e.g., siblings, mother, and
offspring) transported in the same conveyance shall be allowed visual and,
when appropriate for the species, olfactory contact. A female marine mam-
mal shall not be transported in the
same primary enclosure with any mature male marine mammal.
§ 14.132 Food and water.
A marine mammal shall not be transported for more than a period of 36
hours without being offered suitable
food unless the shipper’s written instructions or the shipper’s attendant
travelling with the mammal direct
otherwise. After feeding, a marine
mammal shall be rested for 6 hours
prior to resuming transport.
§ 14.133 Care in transit.
(a) Any marine mammal shall be accompanied, in the same conveyance, by
the shipper or an authorized representative of the shipper knowledgeable in
marine mammal care to provide for the
animal’s health and well-being. The
shipper or representative shall observe
such marine mammals to determine
whether or not they need veterinary
care and shall provide or obtain any
needed veterinary care as soon as possible. Care during transport shall include the following (on a species-specific basis):
(1) Keeping the skin moist or preventing the drying of the skin by such
methods as covering with wet cloths,
spraying it with water or applying a
nontoxic emollient;
(2) Assuring that the pectoral flippers
(when applicable) are allowed freedom
of movement at all times;
(3) Making adjustments in the position of the mammal when necessary to
prevent necrosis of the skin at weight
pressure points; and
(4) Calming the mammal to prevent
struggling, thrashing, and other activity that may cause overheating or
physical trauma.
(b) Unless otherwise directed by a
shipper or authorized representative,
at least one-half of the floor area in a
primary enclosure used to transport
sea otters to the United States shall
contain sufficient crushed ice or ice
water to provide each otter with moisture necessary to maintain its hair
coat by preventing it from drying and
to minimize soiling of the hair coat
with urine and fecal material.
(c) A marine mammal exhibiting excited or otherwise dangerous behavior
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§ 14.141
50 CFR Ch. I (10–1–20 Edition)
shall not be taken from its primary enclosure except under extreme emergency conditions and then only by the
shipper or other authorized individual
who is capable of handling the animal
safely.
horns or tusks shall be designed and
constructed to prevent the horns or
tusks from becoming trapped or injuring the animal itself, other animals
nearby, attendants, or cargo handlers.
(e) A primary enclosure for an elephant or ungulate shall be equipped
with a removable water trough that
can be securely hung within the enclosure above the floor and can be filled
from outside the enclosure.
SPECIFICATIONS FOR ELEPHANTS AND
UNGULATES
rmajette on DSKBCKNHB2PROD with CFR
§ 14.141 Consignment to carrier.
Species that grow antlers shall not
be accepted for transport unless the
antlers have been shed or surgically removed.
SPECIFICATIONS FOR SLOTHS, BATS, AND
FLYING LEMURS (CYNOCEPHALIDAE)
§ 14.151
§ 14.142 Primary enclosures.
(a) Except as provided in § 14.106(j),
ventilation openings must be located
on at least two walls of a primary enclosure. When the required ventilation
openings are located on two opposite
walls of the primary enclosure, these
ventilation openings shall comprise at
least 16 percent of the total surface
area of each ventilated wall. When ventilation openings are located on all
four walls of the primary enclosure,
the openings shall comprise at least 8
percent of the total surface area of
each wall. At least one-third of the
minimum area required for ventilation
shall be located on the lower one-half
of the primary enclosure and at least
one-third of the total minimum area
required for ventilation shall be located on the upper one-half of the primary enclosure.
(b) No more than one elephant or
ungulate shall be transported in a primary enclosure, except that: a mother
and nursing young may be shipped in
the same primary enclosure if the shipment complies with the provisions of
§ 14.105(b); in the case of land or sea
transport, a pair of juvenile elephants
or ungulates or other pairs that have
been habitually housed together may
be shipped in the same primary enclosure.
(c) A primary enclosure used to
transport an elephant or ungulate shall
be large enough to allow the animal to
lie or stand in a natural upright position with the head extended, but not
large enough for the animal to roll
over.
(d) A primary enclosure used to
transport an elephant or ungulate with
Primary enclosures.
(a) Except as provided in § 14.106(j),
ventilation openings must be located
on at least two walls of a primary enclosure. When the required ventilation
openings are located on two opposite
walls of the primary enclosure, these
ventilation openings shall comprise at
least 16 percent of the total surface
area of the ventilated wall. When ventilation openings are located on all
four walls, the openings shall comprise
at least 8 percent of the total surface
area of each wall. At least one-third of
the total minimum area required for
ventilation of the primary enclosure
shall be located on the upper one-half
of the primary enclosure.
(b) No more than one sloth, bat, or
flying lemur (Cynocephalidae) shall be
transported in a primary enclosure.
However, a mother and her nursing
young being transported for medical
reasons, an established male-female
pair, a family group, a pair of juvenile
animals that have not reached puberty,
or other small groups of animals that
have been habitually housed together
may be shipped in the same primary
enclosure.
(c) A primary enclosure used to
transport sloths, bats, or flying lemurs
shall be large enough to ensure that
each animal has sufficient space to
move freely and in a normal manner
and shall have a wide perch, bar, or
mesh of suitable strength fitted under
the top of the enclosure and spaced
from it in such a way that the animals
may hang from it freely in a natural
position.
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U.S. Fish and Wildlife Serv., Interior
§ 14.172
DENSITY GUIDELINES FOR RODENTS
SPECIFICATIONS FOR OTHER
TERRESTRIAL MAMMALS
§ 14.161
Space/Animal
Max.
No.
Primary enclosures.
rmajette on DSKBCKNHB2PROD with CFR
(a) Except as provided in § 14.106(j),
ventilation openings must be located
on at least two walls of a primary enclosure. When the required ventilation
openings are located on two opposite
walls of the primary enclosure, these
ventilation openings shall comprise at
least 16 percent of the total surface
area of each ventilated wall. When
openings are located on all four walls
of the enclosure, the openings shall
comprise at least 8 percent of the total
surface area of each wall. At least onethird of the minimum area required for
ventilation shall be located on the
lower one-half of the enclosure, and at
least one-third of the total minimum
area required for ventilation shall be
located on the upper one-half of the enclosure.
(b) No more than one terrestrial
mammal (other than rodents) shall be
transported in a primary enclosure.
However, a mother and her nursing
young may be shipped in the same primary enclosure if the shipment complies with the provisions of § 14.105(b).
(c) More than one rodent may be
transported in the same primary enclosure if they are members of the same
species and are maintained in compatible groups. Rodents that are incompatible shall be transported in individual primary enclosures that are
stored and transported so they are visually separated. A female with young
being transported for medical reasons
shall not be placed in a primary enclosure with other animals. The following
chart specifies maximum densities
minimum space for transporting rodents that fall within the specified
weight limitations. Max. No. refers to
maximum number per primary enclosure; Space/animal refers to minimum
area of floor space per animals. Rodents weighing more than 5,000 grams
shall be transported in individual enclosures.
wt. in grams of rodent:
220 or less ....................
220–450 ........................
450–1000 ......................
1,000–5,000 ..................
20
12
6
2
cm 2
194
388
770
2,310
in 2
30
60
120
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15
20
25
30
in
6
8
10
12
(d) A primary enclosure used to
transport terrestrial mammals shall be
large enough to ensure that each animal has sufficient space to turn around
freely in a normal manner. The height
of the primary enclosure shall provide
adequate space for the animal to stand
upright in a normal posture with space
above its head. The length of the primary enclosure shall be great enough
to enable the animal to lie in a full
prone position.
SPECIFICATIONS FOR BIRDS
§ 14.171 Consignment to carrier.
(a) A personally owned pet bird originally transported from the United
States and being returned to this country with its original United States certificate of veterinary inspection within
60 days of departure may be accepted
by a carrier without a new veterinary
examination.
(b) No carrier shall accept for transport to the United States any bird that
was captured in the wild unless a qualified veterinarian, authorized by the national government of the country from
which the bird is being exported, certifies that the bird has been held in
captivity for at least 14 days.
§ 14.172 Primary enclosures.
(a) A primary enclosure for birds
shall have ventilation openings on two
vertical sides that comprise at least 16
percent of the surface area of each side
and are positioned so as to decrease the
likelihood of creating a draft.
(b) Perches shall be provided for birds
that rest by perching. The diameter of
the perch shall be sufficient to permit
the birds to maintain a firm, comfortable grip. Perches shall be placed
so that droppings do not fall into food
or water troughs or onto other perched
birds. There shall be enough head room
to allow the birds to move onto and off
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§ 14.250
50 CFR Ch. I (10–1–20 Edition)
the perches without touching the top
of the enclosure.
(c) An enclosure used to transport
one or more birds that rest by perching
shall be large enough to ensure that
sufficient perch space is available for
all birds to perch comfortably at the
same time. No more than 50 birds that
rest by perching shall be transported in
one primary enclosure, with the exception of large birds (longer than 23 cm,
or 9 inches), which are limited to a
maximum of 25 per primary enclosure.
(d) A primary enclosure used to
transport a raptorial bird shall be large
enough to transport the bird comfortably and to permit it to turn
around without stretching its wings to
the fullest extent. Only one raptorial
bird shall be contained in a primary enclosure.
(e) A primary enclosure containing
nonraptorial birds that do not rest by
perching shall be large enough for the
birds to turn around, to lie down, to
stand erect, and to change posture in a
normal manner.
(f) Nectar-feeding birds shall either
be transported in a primary enclosure
equipped with feeding bottles accessible from outside the enclosure for replenishment or hand-carried and fed in
accordance with the written instructions of the shipper.
(g) Birds transported in the same primary enclosure shall be of the same
species and be compatible with one another. Birds that are incompatible
shall be placed in individual primary
enclosures and these enclosures shall
not be stored or transported in visual
proximity to one another.
§ 14.251 What other regulations may
apply?
The provisions of this subpart are in
addition to, and are not in place of,
other regulations of this subchapter B
that may require a permit or describe
additional restrictions or conditions
for the importation, exportation,
transportation, sale, receipt, acquisition, or purchase of wildlife in interstate or foreign commerce.
§ 14.252 What definitions do I need to
know?
In addition to the definitions contained in part 10 of this subchapter,
and unless the context otherwise requires, in this subpart:
Accredited wildlife sanctuary means a
facility that cares for live specimens of
one or more of the prohibited wildlife
species and:
(1) Is approved by the United States
Internal Revenue Service as a corporation that is exempt from taxation
under § 501(a) of the Internal Revenue
Code of 1986, which is described in
§§ 501(c)(3) and 170(b)(1)(A)(vi) of that
code;
(2) Does not commercially trade in
prohibited wildlife species, including
offspring, parts, and products;
(3) Does not propagate any of the prohibited wildlife species; and
(4) Does not allow any direct contact
between the public and the prohibited
wildlife species.
Direct contact means any situation in
which any individual other than an authorized keeper or caregiver may potentially touch or otherwise come into
physical contact with any live specimen of the prohibited wildlife species.
Licensed person means any individual,
facility, agency, or other entity that
holds a valid license from and is inspected by the U.S. Department of Agriculture’s Animal and Plant Health
Inspection Service (APHIS) under the
Animal Welfare Act (AWA) (7 U.S.C.
2131 et seq.) (See definition of ‘‘licensee’’ in 9 CFR 1.1.).
Prohibited wildlife species means a
specimen of any of the following eight
species: Lion (Panthera leo), tiger
(Panthera tigris), leopard (Panthera
pardus), snow leopard (Uncia uncia),
clouded leopard (Neofelis nebulosa), jaguar (Panthera onca), cheetah (Acinonyx
Subpart K—Captive Wildlife Safety
Act
SOURCE: 72 FR 45946, Aug. 16, 2007, unless
otherwise noted.
rmajette on DSKBCKNHB2PROD with CFR
§ 14.250 What is the purpose of these
regulations?
The regulations in this subpart implement the Captive Wildlife Safety
Act (CWSA), 117 Stat. 2871, which
amended the Lacey Act Amendments
of 1981, 16 U.S.C. 3371–3378, by adding
paragraphs 2(g), 3(a)(2)(C), and 3(e) (16
U.S.C. 3371, 3372).
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U.S. Fish and Wildlife Serv., Interior
Pt. 15
jubatus), and cougar (Puma concolor) or
any hybrids resulting from the breeding of any combination of any of these
species, for example, a liger (a male
lion and a female tiger) or a tiglon (a
male tiger and a female lion), whether
naturally or artificially produced.
Propagate means to allow or facilitate the production of offspring of any
of the prohibited wildlife species, by
any means.
Registered person means any individual, facility, agency, or other entity
that is registered with and inspected
by APHIS under the AWA (See definition of ‘‘registrant’’ in 9 CFR 1.1.).
§ 14.255 Are there any exemptions to
the restrictions contained in these
regulations?
The prohibitions of § 14.253 do not
apply to:
(a) A licensed person or registered
person;
(b) A State college, university, or
agency;
(c)
A
State-licensed
wildlife
rehabilitator;
(d) A State-licensed veterinarian;
(e) An accredited wildlife sanctuary;
or
(f) A person who:
(1) Can produce documentation showing that he or she is transporting live
prohibited wildlife species between persons who are exempt from the prohibitions in § 14.253; and
(2) Has no financial interest in the
prohibited wildlife species other than
payment received for transporting
them.
§ 14.253 What are the restrictions contained in these regulations?
Except as provided in § 14.255, it is unlawful for any person to import, export, transport, sell, receive, acquire,
or purchase, in interstate or foreign
commerce, any live prohibited wildlife
species.
PART 15—WILD BIRD
CONSERVATION ACT
rmajette on DSKBCKNHB2PROD with CFR
§ 14.254 What are the requirements
contained in these regulations?
Subpart A—Introduction and General
Provisions
In order to qualify for the exemption
in § 14.255, an accredited wildlife sanctuary must maintain complete and accurate records of any possession, transportation, acquisition, disposition, importation, or exportation of the prohibited wildlife species covered by the
CWSA. These records must be up to
date, and must include the names and
addresses of persons to or from whom
any prohibited wildlife species has been
acquired, imported, exported, purchased, sold, or otherwise transferred;
and the dates of these transactions.
The accredited wildlife sanctuary must
maintain these records for 5 years,
must make these records available to
Service officials for inspection at reasonable hours, and must copy these
records for Service officials, if requested. In addition, by declaring itself
to be accredited under this subpart, a
wildlife sanctuary agrees to allow access to its facilities and its prohibited
wildlife specimens by Service officials
at reasonable hours.
Sec.
15.1
15.2
15.3
15.4
Purpose of regulations.
Scope of regulations.
Definitions.
Information collection requirements.
Subpart B—Prohibitions and Requirements
15.11
15.12
Prohibitions.
Requirements.
Subpart C—Permits and Approval of
Cooperative Breeding Programs
15.21 General application procedures.
15.22 Permits for scientific research.
15.23 Permits for zoological breeding or display programs.
15.24 Permits for cooperative breeding.
15.25 Permits for personal pets.
15.26 Approval of cooperative breeding programs.
Subpart D—Approved List of Species Listed
in the Appendices to the Convention
15.31 Criteria for including species in the
approved list for captive-bred species.
15.32 Criteria for including species in the
approved list for non-captive-bred species.
15.33 Species included in the approved list.
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| File Type | application/pdf |
| File Title | AcroBrwEx_CFR-2020-title50-vol1.pdf_ADW2EF6.tmp |
| Author | mbaucum |
| File Modified | 2021-12-03 |
| File Created | 2021-12-03 |