50 CFR § 17.71-17.74 - Threatened Plants

194 50 CFR Ch. I (10–1–23 Edition) § 17.71 (1) Whether the purpose for which the permit is requested will significantly affect the survival of the species in the wild; (2) The economic, legal, or other al ternatives or relief available to the ap plicant; (3) The amount of evidence that the applicant was in fact party to a con tract or other binding legal obligation which: (i) Deals specifically with the plant sought to be covered by the permit; and (ii) Became binding prior to the date of the FEDERAL REGISTER notice of re view of the status of the species or pro posed rulemaking to list the species as endangered, whichever is earlier; (4) The severity of economic hardship which the contract or other binding legal obligation referred to in para graph (b)(3) of this section would cause if the permit were denied; (5) Where applicable, the portion of the applicant’s income which would be lost if the permit were denied, and the relationship of that portion to the bal ance of his income. (c) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every permit issued under this section may be sub ject to any of the following special con ditions: (1) If requested, the permittee shall submit to the Director a written report of the activities authorized by the per mit. Such report must be postmarked by the date specified in the permit or otherwise requested by the Director. (2) If requested, the permittee shall report to the Service’s office des ignated in the permit the death, de struction or loss of all living plants covered by the permit. Such report must be postmarked by the date speci fied in the permit or otherwise re quested by the Director. (d) Duration of permit. The duration of a permit issued under this section shall be designated on the face of the permit. No permit issued under this section shall be valid for more than one year from the date of a FEDERAL REGISTER notice of review of the status of the species or proposed rulemaking to list the species as endangered, whichever is earlier. [44 FR 54060, Sept. 18, 1979] Subpart G—Threatened Plants § 17.71 Prohibitions. (a) Except as provided in a permit issued under this subpart, all of the provisions of § 17.61 shall apply to threatened species of plants that were added to the List of Endangered and Threatened Plants in § 17.12(h) on or prior to September 26, 2019, with the following exception: Seeds of cul tivated specimens of species treated as threatened shall be exempt from all the provisions of § 17.61, provided that a statement that the seeds are of ‘‘cul tivated origin’’ accompanies the seeds or their container during the course of any activity otherwise subject to the regulations in this subpart. (b) In addition to any provisions of this part, any employee or agent of the Service or of a State conservation agency that is operating a conserva tion program pursuant to the terms of a cooperative agreement with the Serv ice in accordance with section 6(c) of the Act, who is designated by that agency for such purposes, may, when acting in the course of official duties, remove and reduce to possession from areas under Federal jurisdiction those threatened species of plants that are covered by an approved cooperative agreement to carry out conservation programs. (c) Whenever a species-specific rule in §§ 17.73 through 17.78 applies to a threatened species, the species-specific rule will contain all the applicable pro hibitions and exceptions. [84 FR 44760, Aug. 27, 2019] § 17.72 Permits—general. Upon receipt of a complete applica tion, the Director may issue a permit authorizing any activity otherwise pro hibited with regard to threatened plants. The permit shall be governed by the provisions of this section unless a special rule applicable to the plant is provided in §§ 17.73 to 17.78. A permit issued under this section must be for VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00204 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 195 U.S. Fish and Wildlife Serv., Interior § 17.72 one of the following: scientific pur poses, the enhancement of the propaga tion or survival of threatened species, economic hardship, botanical or horti cultural exhibition, educational pur poses, or other activities consistent with the purposes and policy of the Act. Such a permit may authorize a single transaction, a series of trans actions, or a number of activities over a specified period of time. (a) Application requirements. A person wishing to get a permit for an activity prohibited by § 17.71 submits an appli cation to conduct activities under this paragraph. For interstate commerce activities the seller gets the permit for plants coming from cultivated stock and the buyer gets the permit if the plants are taken from the wild. The Service provides Form 3–200 for the ap plication or you may submit the gen eral information and certification re quired by § 13.12(a) of this subchapter. Application requirements differ for permits issued for plants taken from the wild (excluding seeds), seeds and cultivated plants, or herbarium speci mens. You must attach the following information and any other information requested by the Director. (1) For activities involving plants ob tained from the wild (excluding seeds), provide the following information: (i) The scientific names of the plants sought to be covered by the permit; (ii) The estimated number of speci mens sought to be covered by the per mit; (iii) The year, country, and approxi mate place where taking occurred or will occur; (iv) If the activities would involve re moval and reduction to possession of a plant from an area under Federal juris diction, the year, State, county or any other description such as place name, township, and range designation that will precisely place the location where the proposed removal and reduction to possession will occur, the name of the Federal entity having jurisdiction over the area and the name, title, address, and phone number of the person in charge of the area. (v) A brief description of the appli cant’s expertise and facilities as re lated to the proposed activity; (vi) A justification of the activities sought to be authorized by the permit and the relationship of such activities to scientific purposes, enhancing the propagation or survival of the species, or other objectives consistent with the purposes and policy of the Act; and (vii) A statement of the applicant’s willingness to participate in a coopera tive propagation program, and to main tain or contribute data relating to such efforts. (2) For activities involving seeds ob tained from the wild and cultivated plants, provide the following informa tion: (i) The scientific names of the plants sought to be covered by the permit; (ii) A statement of the applicant’s willingness to participate in a coopera tive propagation program, and to main tain or contribute data relating to the success of such efforts; and (iii) A justification of the activities sought to be authorized by the permit and the relationship of such activities to scientific purposes, enhancing the propagation or survival of the species, or other objectives consistent with the purposes and policy of the Act. (iv) If the activities would involve re moval and reduction to possession of seeds from an area under Federal juris diction, the year, State, county, or any other description such as place name, township, and range designation that will precisely place the location where the proposed removal and reduction to possession will occur, the name of the Federal entity having jurisdiction over the area and the name, title, address, and phone number of the person in charge of the area. (3) For importation or exportation involving the non-commercial loan, ex change or donation of herbarium or other preserved, dried or embedded mu seum specimens of all threatened spe cies between scientists or scientific in stitutions, provide the following infor mation: (i) The name and address of the insti tution or other facility where the plants sought to be covered by the per mit will be used or maintained; and (ii) A justification of the activities sought to be authorized by the permit and the relationship of such activities to scientific purposes, enhancing the VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00205 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 196 50 CFR Ch. I (10–1–23 Edition) § 17.73 propagation or survival of the species, or other objectives consistent with the purposes and policy of the Act. (4) When the activity applied for in volves a species also regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, additional requirements in part 23 of this subchapter must be met. (b) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a) of this section, the Director will decide whether or not a permit should be issued. In making his decision, the Director shall consider, in addition to the general criteria in § 13.21(b) of this subchapter, the fol lowing factors: (1) Whether the purpose for which the permit is requested will enhance the survival of the species in the wild; (2) Whether the purpose for which the permit is requested will enhance the propagation of the species; (3) The opinions or views of scientists or other persons or organizations hav ing expertise concerning the plant or other matters germane to the applica tion; and (4) Whether the expertise, facilities, or other resources available to the ap plicant appear adequate to successfully accomplish the objectives stated in the application. (c) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every permit issued under this section shall be sub ject to the following special conditions: (1) If requested, the permittee shall submit to the Director a written report of the activities authorized by the per mit. Such report must be postmarked by the date specified in the permit or otherwise requested by the Director. (2) A copy of the permit or an identi fication label, which includes the sci entific name, the permit number, and a statement that the plant is of ‘‘wild orgin’’ or ‘‘cultivated origin’’ must ac company the plant or its container during the course of any activity sub ject to these regulations, unless the specimens meet the special conditions referred to in paragraph (c)(3) of this section. (3) In the case of plants that are her barium specimens, or other preserved, dried, or embedded museum specimens to be imported or exported as a non commercial loan exchange or donation between scientists or scientific institu tions, the names and addresses of the consignor and consignee must be on each package or container. A descrip tion such as ‘‘herbarium specimens’’ and the code letters assigned by the Service to the scientist or scientific in stitution must be entered on the Cus toms declaration form affixed to each package or container. If the specimens are of taxa also regulated by the Con vention on International Trade in En dangered Species of Wild Fauna and Flora, specific information must be en tered on the Customs declaration label affixed to the outside of each shipping container or package. See part 23 of this subchapter for requirements for trade in CITES specimens between reg istered scientific institutions. (d) Duration of permit. The duration of a permit issued under this section shall be designated on the face of the permit. [42 FR 32380, June 24, 1977, as amended at 50 FR 39691, Sept. 30, 1985; 63 FR 52636, Oct. 1, 1998; 79 FR 30419, May 27, 2014] § 17.73 Special rules—flowering plants. (a) Graptopetalum bartramii (Bar tram’s stonecrop)—(1) Prohibitions. The following prohibitions apply to Graptopetalum bartramii, except as pro vided under paragraph (a)(2) of this sec tion: (i) Import or export. It is unlawful to import or to export any Graptopetalum bartramii. Any shipment in transit through the United States is an impor tation and an exportation, whether or not it has entered the country for cus toms purposes. (ii) Remove and reduce to possession. It is unlawful to remove and reduce to possession the species from areas under Federal jurisdiction; maliciously dam age or destroy the species on any such area; or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law. (iii) Interstate or foreign commerce. It is unlawful to deliver, receive, carry, VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00206 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 197 U.S. Fish and Wildlife Serv., Interior § 17.73 transport, or ship in interstate or for eign commerce, by any means whatso ever, and in the course of a commercial activity, any Graptopetalum bartramii. (iv) Sale or offer for sale. (A) It is un lawful to sell or to offer for sale in interstate or foreign commerce any Graptopetalum bartramii. (B) An advertisement for the sale of any Graptopetalum bartramii which car ries a warning to the effect that no sale may be consummated until a permit has been obtained from the Service, shall not be considered an offer for sale within the meaning of this paragraph. (v) It is unlawful to attempt to com mit, solicit another to commit, or cause to be committed, any of the acts described in this paragraph (a)(1). (2) Exceptions from prohibitions. The following exceptions from prohibitions apply to Graptopetalum bartramii: (i) A person may apply for a permit in accordance with 50 CFR 17.72 that authorizes an activity otherwise pro hibited by this paragraph for Graptopetalum bartramii. (ii)(A) Any employee or agent of the Service, any other Federal land man agement agency, or a State conserva tion agency, who is designated by that agency for such purposes, may, when acting in the course of official duties, remove and reduce to possession Graptopetalum bartramii from areas under Federal jurisdiction without a permit if such action is necessary to: (1) Care for a damaged or diseased specimen; (2) Dispose of a dead specimen; or (3) Salvage a dead specimen which may be useful for scientific study. (B) Any removal and reduction to possession pursuant to this paragraph must be reported in writing to the U.S. Fish and Wildlife Service within 5 days. The specimen may only be retained, disposed of, or salvaged in accordance with written directions from the Serv ice. (iii) Any qualified employee or agent of the Service or of a State conserva tion agency which is a party to a coop erative agreement with the Service in accordance with section 6(c) of the Act, who is designated by that agency for such purposes, may, when acting in the course of official duties, remove, cut, dig up, damage, or destroy Graptopetalum bartramii on areas under Federal jurisdiction. (b) Layia carnosa (beach layia). (1) Prohibitions. The following prohi bitions that apply to endangered plants also apply to Layia carnosa (beach layia). Except as provided under para graph (b)(2) of this section and §§ 17.4 and 17.5, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to com mit, or cause to be committed, any of the following acts in regard to this spe cies: (i) Import or export, as set forth at § 17.61(b) for endangered plants. (ii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.61(c)(1) for endan gered plants. (iii) Maliciously damage or destroy the species on any areas under Federal jurisdiction, or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any State law or regulation or in the course of any violation of a State criminal trespass law, as set forth at section 9(a)(2)(B) of the Act. (iv) Interstate or foreign commerce in the course of commercial activity, as set forth at § 17.61(d) for endangered plants. (v) Sell or offer for sale, as set forth at § 17.61(e) for endangered plants. (2) Exceptions from prohibitions. The following exceptions from prohibitions apply to beach layia: (i) The prohibitions described in paragraph (b)(1) of this section do not apply to activities conducted as au thorized by a permit issued in accord ance with the provisions set forth at § 17.72. (ii) Any employee or agent of the Service or of a State conservation agency that is operating a conserva tion program pursuant to the terms of a cooperative agreement with the Serv ice in accordance with section 6(c) of the Act, who is designated by that agency for such purposes, may, when acting in the course of official duties, remove and reduce to possession from areas under Federal jurisdiction mem bers of beach layia that are covered by an approved cooperative agreement to carry out conservation programs. VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 198 50 CFR Ch. I (10–1–23 Edition) § 17.73 (iii) You may engage in any act pro hibited under paragraph (b)(1) of this section with seeds of cultivated speci mens, provided that a statement that the seeds are of ‘‘cultivated origin’’ ac companies the seeds or their container. (c) Cirsium wrightii (Wright’s marsh thistle). (1) Prohibitions. The following prohi bitions that apply to endangered plants also apply to the Wright’s marsh this tle. Except as provided under para graph (c)(2) of this section, it is unlaw ful for any person subject to the juris diction of the United States to commit, to attempt to commit, to solicit an other to commit, or cause to be com mitted, any of the following acts in re gard to this species: (i) Remove and reduce to possession the species from areas under Federal jurisdiction, as set forth at § 17.61(c)(1) for endangered plants. (ii) Maliciously damage or destroy the species on any areas under Federal jurisdiction, or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any State law or regulation or in the course of any violation of a State criminal trespass law, as set forth at section 9(a)(2)(B) of the Act. (2) Exceptions from prohibitions. The following exceptions from prohibitions apply to the Wright’s marsh thistle: (i) The prohibitions described in paragraph (c)(1) of this section do not apply to activities conducted as au thorized by a permit issued in accord ance with the provisions set forth at § 17.72. (ii) Any employee or agent of the Service or of a State conservation agency that is operating a conserva tion program pursuant to the terms of a cooperative agreement with the Serv ice in accordance with section 6(c) of the Act, who is designated by that agency for such purposes, may, when acting in the course of official duties, remove and reduce to possession from areas under Federal jurisdiction mem bers of the Wright’s marsh thistle that are covered by an approved cooperative agreement to carry out conservation programs. (d) Pedicularis furbishiae (Furbish’s lousewort)—(1) Prohibitions. Except as provided under paragraph (d)(2) of this section, you may not remove and re duce to possession the species from areas under Federal jurisdiction; mali ciously damage or destroy the species on any such area; or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law. (2) Exceptions from prohibitions. The following exceptions from the prohibi tions apply to this species: (i) You may conduct activities au thorized by permit under § 17.72. (ii) Qualified employees or agents of the Service or a State conservation agency may conduct activities author ized under § 17.71(b). (e) Eugenia woodburyana (no common name). (1) Prohibitions. The following prohi bitions that apply to endangered plants also apply to Eugenia woodburyana. Ex cept as provided under paragraph (e)(2) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to at tempt to commit, to solicit another to commit, or cause to be committed, any of the following acts in regard to this species: (i) Import or export, as set forth at § 17.61(b) for endangered plants. (ii) Remove and reduce to possession the species from areas under Federal jurisdiction, as set forth at § 17.61(c)(1) for endangered plants. (iii) Maliciously damage or destroy the species on any areas under Federal jurisdiction, or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any law or regulation of the Territory or in the course of any violation of a Terri torial criminal trespass law, as set forth at section 9(a)(2)(B) of the Act. (iv) Engage in interstate or foreign commerce in the course of commercial activity, as set forth at § 17.61(d) for en dangered plants. (v) Sell or offer for sale in interstate or foreign commerce, as set forth at § 17.61(e) for endangered plants. (2) Exceptions from prohibitions. The following exceptions from prohibitions apply to Eugenia woodburyana: (i) The prohibitions described in paragraph (e)(1) of this section do not VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 199 U.S. Fish and Wildlife Serv., Interior § 17.73 apply to activities conducted as au thorized by a permit issued in accord ance with the provisions set forth at § 17.72. (ii) Any employee or agent of the Service or of a State or Territorial con servation agency that is operating a conservation program pursuant to the terms of a cooperative agreement with the Service in accordance with section 6(c) of the Act, who is designated by that agency for such purposes, may, when acting in the course of official duties, remove and reduce to posses sion from areas under Federal jurisdic tion members of Eugenia woodburyana that are covered by an approved coop erative agreement to carry out con servation programs. (iii) Individuals may engage in any act prohibited under paragraph (e)(1) of this section with seeds of cultivated specimens, provided that a statement that the seeds are of ‘‘cultivated ori gin’’ accompanies the seeds or their container. (f) Echinacea laevigata (smooth coneflower)—(1) Prohibitions. The fol lowing prohibitions that apply to en dangered plants also apply to Echinacea laevigata. Except as provided under paragraph (f)(2) of this section, it is un lawful for any person subject to the ju risdiction of the United States to com mit, to attempt to commit, to solicit another to commit, or cause to be com mitted, any of the following acts in re gard to this species: (i) Import or export, as set forth at § 17.61(b) for endangered plants. (ii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.61(c)(1) for endan gered plants. (iii) Maliciously damage or destroy the species on any areas under Federal jurisdiction, or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any State law or regulation or in the course of any violation of a State criminal trespass law, as set forth at section 9(a)(2)(B) of the Act. (iv) Engage in interstate or foreign commerce in the course of commercial activity, as set forth at § 17.61(d) for en dangered plants. (v) Sell or offer for sale, as set forth at § 17.61(e) for endangered plants. (2) Exceptions from prohibitions. In re gard to Echinacea laevigata, you may: (i) Conduct activities, including ac tivities prohibited under paragraph (f)(1) of this section, if they are author ized by a permit issued in accordance with the provisions set forth at § 17.72. (ii) Conduct activities authorized by a permit issued under § 17.62 prior to August 5, 2022 for the duration of the permit. (iii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.61(c)(2) through (4) for endangered plants and § 17.71(b). (iv) Engage in any act prohibited under paragraph (f)(1) of this section with seeds of cultivated specimens, provided that a statement that the seeds are of ‘‘cultivated origin’’ accom panies the seeds or their container. (g) Ottoschulzia rhodoxylon (palo de rosa)—(1) Prohibitions. The following prohibitions that apply to endangered plants also apply to Ottoschulzia rhodoxylon (palo de rosa). Except as provided under paragraph (g)(2) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to com mit, or cause to be committed, any of the following acts in regard to this spe cies: (i) Import or export, as set forth at § 17.61(b) for endangered plants. (ii) Remove and reduce to possession the species from areas under Federal jurisdiction; maliciously damage or de stroy the species on any such area; or remove, cut, dig up, or damage or de stroy the species on any other area in knowing violation of any law or regula tion of any State or in the course of any violation of a State criminal tres pass law. (iii) Interstate or foreign commerce in the course of commercial activity, as set forth at § 17.61(d) for endangered plants. (iv) Sale or offer for sale, as set forth at § 17.61(e) for endangered plants. (2) Exceptions from prohibitions. In re gard to Ottoschulzia rhodoxylon (palo de rosa), you may: (i) Conduct activities, including ac tivities prohibited under paragraph VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00209 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 200 50 CFR Ch. I (10–1–23 Edition) § 17.73 (f)(1) of this section, if they are author ized by a permit issued in accordance with the provisions set forth at § 17.72. (ii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.71(b). (iii) Engage in any act prohibited under paragraph (g)(1) of this section with seeds of cultivated specimens, provided that a statement that the seeds are of ‘‘cultivated origin’’ accom panies the seeds or their container. (h) Streptanthus bracteatus (bracted twistflower). (1) Prohibitions. The following prohi bitions that apply to endangered plants also apply to the bracted twistflower. Except as provided under paragraph (h)(2) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to at tempt to commit, to solicit another to commit, or cause to be committed, any of the following acts in regard to this species: (i) Import or export, as set forth at § 17.61(b) for endangered plants. (ii) Remove and reduce to possession the species from areas under Federal jurisdiction; maliciously damage or de stroy the species on any such area; or remove, cut, dig up, or damage or de stroy the species on any other area in knowing violation of any law or regula tion of any State or in the course of any violation of a State criminal tres pass law. (iii) Interstate or foreign commerce in the course of commercial activity, as set forth at § 17.61(d) for endangered plants. (iv) Sale or offer for sale, as set forth at § 17.61(e) for endangered plants. (2) Exceptions from prohibitions. In re gard to this species: (i) You may conduct activities as au thorized by permit under § 17.72. (ii) Any employee or agent of the Service or of a State conservation agency that is operating a conserva tion program pursuant to the terms of a cooperative agreement with the Serv ice in accordance with section 6(c) of the Act, who is designated by that agency for such purposes, may, when acting in the course of official duties, remove and reduce to possession from areas under Federal jurisdiction mem bers of bracted twistflower that are covered by an approved cooperative agreement to carry out conservation programs. (iii) You may engage in any act pro hibited under paragraph (h)(1) of this section with seeds of cultivated speci mens, provided that a statement that the seeds are of ‘‘cultivated origin’’ ac companies the seeds or their container. (i) [Reserved] (j) Phacelia argentea (sand dune phacelia)—(1) Prohibitions. The fol lowing prohibitions that apply to en dangered plants also apply to the sand dune phacelia. Except as provided under paragraph (j)(2) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to so licit another to commit, or cause to be committed, any of the following acts in regard to this species: (i) Import or export, as set forth at § 17.61(b) for endangered plants. (ii) Remove and reduce to possession the species from areas under Federal jurisdiction, as set forth at § 17.61(c)(1) for endangered plants. (iii) Maliciously damage or destroy the species on any areas under Federal jurisdiction, or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law, as set forth at section 9(a)(2)(B) of the Act. (iv) Interstate or foreign commerce in the course of commercial activity, as set forth at § 17.61(d) for endangered plants. (v) Sale or offer for sale, as set forth at § 17.61(e) for endangered plants. (2) Exceptions from prohibitions. In re gard to Phacelia argentea, you may: (i) Conduct activities, including ac tivities prohibited under paragraph (j)(1) of this section, if they are author ized by a permit issued in accordance with the provisions set forth at § 17.72. (ii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.71(b). (iii) Remove, cut, dig up, damage or destroy on areas not under Federal ju risdiction by any qualified employee or agent of the Service or State conserva tion agency which is a party to a coop erative agreement with the Service in VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00210 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 201 U.S. Fish and Wildlife Serv., Interior § 17.80 accordance with section 6(c) of the Act, who is designated by that agency for such purposes, when acting in the course of official duties. [86 FR 48568, Aug. 31, 2021, as amended at 87 FR 18738, Mar. 31, 2022; 87 FR 40114, July 6, 2022; 87 FR 66607, Nov. 4, 2022; 87 FR 74012, Dec. 2, 2022; 88 FR 21866, Apr. 11, 2023; 88 FR 25238, Apr. 25, 2023; 88 FR 30057, May 10, 2023; 88 FR 57209, Aug. 22, 2023] § 17.74 Special rules—conifers and cycads. (a) Whitebark pine (Pinus albicaulis). (1) Prohibitions. The following prohi bitions that apply to endangered plants also apply to whitebark pine, except as provided under paragraph (a)(2) of this section: (i) Import or export, as set forth at § 17.61(b) for endangered plants. (ii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.61(c)(1) for endan gered plants. (iii) Maliciously damage or destroy the species on any areas under Federal jurisdiction, or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any State law or regulation or in the course of any violation of a State criminal trespass law, as set forth at section 9(a)(2)(B) of the Act. (iv) Interstate or foreign commerce in the course of commercial activity, as set forth at § 17.61(d) for endangered plants. (v) Sell or offer for sale, as set forth at § 17.61(e) for endangered plants. (2) Exceptions from prohibitions. In re gard to the whitebark pine, you may: (i) Conduct activities as authorized by permit under § 17.72. (ii) Conduct forest-management, res toration, or research-related activities conducted or authorized by the Federal agency with jurisdiction over the land where the activities occur. (iii) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at § 17.71(b). (iv) Collect whitebark pine seeds from areas under Federal jurisdiction for Tribal ceremonial use or tradi tional Tribal consumption, provided that: (A) The collection is conducted by members of federally recognized Tribes; and (B) The collection does not violate any other applicable laws and regula tions. (b) [Reserved] [87 FR 76917, Dec. 15, 2022] §§ 17.75–17.78 [Reserved] Subpart H—Experimental Populations SOURCE: 49 FR 33893, Aug. 27, 1984, unless otherwise noted. § 17.80 Definitions. (a) The term experimental population means an introduced and/or designated population (including any offspring arising solely therefrom) that has been so designated in accordance with the procedures of this subpart but only when, and at such times as, the popu lation is wholly separate geographi cally from nonexperimental popu lations of the same species. Where part of an experimental population overlaps with nonexperimental populations of the same species on a particular occa sion, but is wholly separate at other times, specimens of the experimental population will not be recognized as such while in the area of overlap. That is, experimental status will be recog nized only outside the areas of overlap. Thus, such a population will be treated as experimental only when the times of geographic separation are reasonably predictable, e.g., fixed migration pat terns, natural or manmade barriers. A population is not treated as experi mental if total separation will occur solely as a result of random and unpre dictable events. (b) The term essential experimental population means an experimental pop ulation whose loss would be likely to appreciably reduce the likelihood of the survival of the species in the wild. All other experimental populations are to be classified as nonessential. [49 FR 33893, Aug. 27, 1984, as amended at 88 FR 42651, July 3, 2023] VerDate Sep<11>2014 08:18 Mar 18, 2024 Jkt 259237 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 Y:\SGML\259237.XXX 259237js pe ar s on D S K 12 1T N 23 P R O D w ith C F R