50 CFR § 14.1 - 14.257 - Taking, Possession, transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants - Importation, Exportation and Transportation of Wildlife

81 U.S. Fish and Wildlife Serv., Interior Pt. 14 § 13.47 Inspection requirement. Any person holding a permit under this subchapter B shall allow the Di rector’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 regula tions of this subchapter B. [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 per mit and with all appllicable laws and regulations governing the permitted activity. [54 FR 38150, Sept. 14, 1989] § 13.49 Surrender of permit. Any person holding a permit under subchapter B shall surrender such per mit to the issuing officer upon notifi cation that the permit has been sus pended or revoked by the Service, and all appeal procedures have been ex hausted. [54 FR 38150, Sept. 14, 1989] § 13.50 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. [64 FR 32711, June 17, 1999] PART 14—IMPORTATION, EXPOR TATION, AND TRANSPORTATION OF WILDLIFE Subpart A—Introduction Sec. 14.1 Purpose of regulations. 14.2 Scope of regulations. 14.3 Information collection requirements. 14.4 What terms do I have to understand? 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 ef fects. 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. Subpart C—Designated Port Exception Permits 14.31 Permits to import or export wildlife at nondesignated port for scientific pur poses. 14.32 Permits to import or export wildlife at nondesignated port to minimize deterio ration or loss. 14.33 Permits to import or export wildlife at nondesignated port to alleviate undue economic hardship. Subpart D [Reserved] Subpart E—Inspection and Clearance of Wildlife 14.51 Inspection of wildlife. 14.52 Clearance of imported wildlife. 14.53 Detention and refusal of clearance. 14.54 Unavailability of Service officers. 14.55 Exceptions to clearance requirements. Subpart F—Wildlife Declarations 14.61 Import declaration requirements. 14.62 Exceptions to import declaration re quirements. 14.63 Export declaration requirements. 14.64 Exceptions to export declaration requirements. Subpart G [Reserved] Subpart H—Marking of Containers or Packages 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 li cense? VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00091 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 82 50 CFR Ch. I (10–1–23 Edition) § 14.1 14.92 What are the exemptions to the im port/export license requirement? 14.93 How do I apply for an import/export li cense? 14.94 What fees apply to me? Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to the United States 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. SPECIFICATIONS FOR NONHUMAN PRIMATES 14.121 Primary enclosures. 14.122 Food and water. 14.123 Care in transit. SPECIFICATIONS FOR MARINE MAMMALS (CETACEANS, SIRENIANS, SEA OTTERS, PINNIPEDS, AND POLAR BEARS) 14.131 Primary enclosures. 14.132 Food and water. 14.133 Care in transit. SPECIFICATIONS FOR ELEPHANTS AND UNGULATES 14.141 Consignment to carrier. 14.142 Primary enclosures. SPECIFICATIONS FOR SLOTHS, BATS, AND FLYING LEMURS (CYNOCEPHALIDAE) 14.151 Primary enclosures. SPECIFICATIONS FOR OTHER TERRESTRIAL MAMMALS 14.161 Primary enclosures. SPECIFICATIONS FOR BIRDS 14.171 Consignment to carrier. 14.172 Primary enclosures. Subpart K—Captive Wildlife Safety Act as Amended by the Big Cat Public Safety Act 14.250 What is the purpose of the regula tions in this subpart? 14.251 What other regulations may apply? 14.252 What definitions do I need to know? 14.253 What are the restrictions contained in the regulations in this subpart? 14.254 What are the requirements for a li censed entity or registered Federal facil ity? 14.255 What are the requirements for a reg istered pre-BCPSA owner? 14.256 What are the requirements for a wild life sanctuary? 14.257 Are there any exceptions to the re strictions contained in the regulations in this subpart? 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. SOURCE: 45 FR 56673, Aug. 25, 1980, unless otherwise noted. Subpart A—Introduction § 14.1 Purpose of regulations. The regulations contained in this part provide uniform rules and proce dures for the importation, exportation, and transportation of wildlife. § 14.2 Scope of regulations. The provisions in this part are in ad dition to, and do not supersede other regulations of this subchapter B which may require a permit or prescribe addi tional restrictions or conditions for the importation, exportation, and trans portation of wildlife. § 14.3 Information collection require ments. The Office of Management and Budg et (OMB) has approved the information collection requirements contained in this part under 44 U.S.C. 3507 and as signed OMB Control Numbers 1018–0012, 1018–0092, and 1018–0192. The Service may not conduct or sponsor and you are not required to respond to a collec tion of information unless it displays a currently valid OMB control number. You may direct comments regarding these information collection require ments to the Service’s Information Collection Clearance Officer at the ad dress provided at 50 CFR 2.1(b). [88 FR 38372, June 12, 2023] § 14.4 What terms do I have to under stand? 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 de parting from the United States. Accredited scientist means any indi vidual associated with, employed by, or VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00092 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 83 U.S. Fish and Wildlife Serv., Interior § 14.11 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 Associa tion, accredited member of the Amer ican Association of Systematic Collec tions, or any State or Federal govern ment agency that conducts biological or medical research. Commercial means related to the of fering 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 com mercial use. The Service or the im porter/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 domes ticated animals that are exempted from the requirements of this sub chapter B (except for species obtained from wild populations). Mammals: Alpaca—Lama alpaca; Camel—Camelus dromedarius; Camel (Boghdi)—Camelus bactrianus; Cat (do mestic)—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 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 (do mesticated)—Columba livia domestrica; Turkey—Meleagris gallopavo; Domes ticated or Barnyard Mallards include: Pekin; Aylesbury; Bouen; Cayuga; Gray Call; White Call; East Indian; Crested; Swedish; Buff Orpington; In dian Runner; Campbell; Duclair; Merchtem; Termonde; Magpie; Chinese; Khaki Campbell. Insects: Crickets, mealworms, honey bees (not to include Africanized vari eties), and similar insects that are rou tinely farm raised. Other Invertebrates: Earthworms and similar invertebrates that are rou tinely 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 des tination of any place not subject to the jurisdiction of the United States, whether or not such departure, send ing, or carrying, or shipping con stitutes an exportation within the meaning of the Custom laws of the United States. When a passenger leav ing the jurisdiction of the United States enters the designated inter national area of embarkation of an air port, all accompanying personal hand carried 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 con stitutes an importation within the meaning of the tariff laws of the United States. We means Fish and Wildlife Service or Service. You means licensee, or importer/ex porter of record. [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 VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00093 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 84 50 CFR Ch. I (10–1–23 Edition) § 14.12 Customs port of entry designated in § 14.12. [45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980] § 14.12 Designated ports. The following ports of entry are des ignated for the importation and expor tation of wildlife and wildlife products and are referred to hereafter as ‘‘des ignated 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] § 14.13 Emergency diversion. Wildlife which has been imported into the United States at any port or place other than a designated port sole ly as a result of a diversion due to an aircraft or vessel emergency must pro ceed 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 law ful importation. § 14.14 In-transit shipments. (a) Wildlife destined for a point with in the United States may be imported into the United States at any port if such wildlife proceeds as an in-transit shipment under Customs bond to a des ignated 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. § 14.15 Personal baggage and house hold effects. (a) Any person may import into or export from the United States at any Customs port wildlife products or man ufactured articles that are not in tended for commercial use and are used as clothing or contained in accom panying 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 wild life 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 tro phies or tanned hides, which are not in tended for sale and are part of a ship ment of the household effects of per sons 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 des ignated port requirement does not apply to any raw fur; raw, salted, or crusted hide or skin; or to wildlife re quiring a permit pursuant to part 16, 17, 18, 21, or 23 of this subchapter B. [45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31868, June 21, 1996] § 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 ex ported 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; (6) Minnesota—Grand Portage, Inter national 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 VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00094 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 85 U.S. Fish and Wildlife Serv., Interior § 14.22 23 of this subchapter B, wildlife whose country of origin is Mexico or the United States may be imported or ex ported at any of the following Customs ports of entry: (1) Arizona—Lukeville, Nogales; (2) California—Calexico, San Diego San Ysidro; and (3) Texas—Brownsville, El Paso, La redo. (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 im ported or exported for noncommercial purposes, may be imported or exported at any Customs port of entry. § 14.17 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 Marine mammals. Any person subject to the jurisdic tion of the United States who has law fully taken a marine mammal on the high seas and who is authorized to im port such marine mammal in accord ance with the Marine Mammal Protec tion Act of 1972 and implementing reg ulations (50 CFR parts 18 and 216) may import such marine mammal at any port or place. § 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 Is lands, may be imported through those Customs ports of entry named here after for the respective State or Terri tory of final destination: (1) Alaska—Alcan, Anchorage, Fair banks, 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, Fair banks, 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 im ported or exported, as appropriate, through the port of Agana, Guam. § 14.20 Exceptions by permit. Wildlife may be imported into or ex ported from the United States at any Customs port of entry designated in the terms of a valid permit issued pur suant to subpart C of this part. § 14.21 Shellfish and fishery products. (a)(1) General. Except for wildlife re quiring a permit pursuant to part 17 or 23 of this subchapter, shellfish and fish ery products imported or exported for purposes of human or animal consump tion or taken in waters under the juris diction 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 inverte brates of the Class Pelecypoda (com monly known as oysters, clams, mus sels, and scallops) and the eggs, larvae, or juvenile forms thereof may be ex ported for purposes of propagation, or research related to propagation, at any Customs port. (b) Pearls. Except for wildlife requir ing 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 Customs port of entry. For the pur poses of this part, all references to the term shellfish and fishery products will include pearls. [61 FR 31868, June 21, 1996] § 14.22 Certain antique articles. Any person may import at any Cus toms Service port designated for such purpose, any article (other than scrim shaw, defined in 16 U.S.C 1539(f)(1)(B) and 50 CFR 217.12 as any art form that VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00095 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 86 50 CFR Ch. I (10–1–23 Edition) § 14.23 involves the etching or engraving of de signs 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 sub chapter, and has not been repaired or modified with any part of any endan gered or threatened species on or after December 28, 1973. [61 FR 31868, June 21, 1996] § 14.23 Live farm-raised fish and farm raised 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 sub chapter, live farm-raised fish and farm raised fish eggs may be exported from any U.S. Customs port. [59 FR 41714, Aug. 15, 1994] § 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] Subpart C—Designated Port Exception Permits § 14.31 Permits to import or export wildlife at nondesignated port for scientific purposes. (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 sub chapter, and in accordance with the issuance criteria of this section, issue a permit authorizing importation or ex portation of wildlife for scientific pur poses at one or more named Customs port(s) of entry not otherwise author ized by subpart B. Such permits may authorize a single importation or ex portation, a series of importations or exportations, or importation or expor tation during a specified period of time. (b) Application procedure. Applica tions for permits to import or export wildlife at a nondesignated port for sci entific 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 ad ditional 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 impor tation or exportation is requested, and the reasons why importation or expor tation should be allowed at the re quested port(s) of entry rather than at a designated port; and (5) A statement as to whether the ex ception 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 ad dition 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 condition: Permittee shall file such re ports as specified on the permit, if any. (d) Issuance criteria. The Director shall consider the following in deter mining whether to issue a permit under this section: (1) Benefit to a bona fide scientific re search project, other scientific pur pose, 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. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00096 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 87 U.S. Fish and Wildlife Serv., Interior § 14.33 (e) Duration of permits. Any permit issued under this section expires on the date designated on the face of the per mit. In no case will the permit be valid for more than 2 years from the date of issuance. § 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 sub chapter, and in accordance with the issuance criteria of this section, issue a permit authorizing importation or ex portation of wildlife, in order to mini mize 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 im portation or exportation during a spec ified period of time. (b) Application procedure. Applica tions for permits to import or export wildlife at a nondesignated port to minimize deterioration or loss must be submitted to the Director. Each appli cation must contain the general infor mation 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; (3) The port(s) of entry where impor tation or exportation is requested, and the reasons why importation or expor tation should be allowed at the re quested 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 deteriora tion or loss of the wildlife); and (4) A statement as to whether the ex ception 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 ad dition 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 fol lowing conditions: (1) Permittee shall file such reports as may be specified on the permit, if any; and (2) Permittee must pay fees in ac cordance with § 14.94. (d) Issuance criteria. The Director shall consider the following in deter mining whether to issue a permit under this section: (1) Likelihood of a substantial dete rioration or loss of the wildlife in volved; (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 per mit. In no case will the permit be valid 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] § 14.33 Permits to import or export wildlife at nondesignated port to al leviate 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 sub chapter, and in accordance with the issuance criteria of this section, issue a permit authorizing importation or ex portation of wildlife in order to allevi ate undue economic hardship 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 im portation or exportation during a spec ified period of time. (b) Application procedure. Applica tions for permits to import or export wildlife at a nondesignated port to al leviate undue economic hardship must be submitted to the Director. Each ap plication must contain the general in formation and certification required in VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 88 50 CFR Ch. I (10–1–23 Edition) § 14.51 § 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 sup plier or consignee; (4) The port(s) of entry where impor tation or exportation is requested, and the reasons why importation or expor tation should be allowed at the re quested port(s) of entry rather than at a designated port (information must be included to show the monetary dif ference between the cost of importa tion or exportation at the port re quested and the lowest cost of importa tion or exportation at the port through which importation or exportation is authorized by subpart B without a per mit); and (5) A statement as to whether the ex ception 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 ad dition 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 ac cordance with § 14.94. (d) Issuance criteria. The Director shall consider the following in deter mining 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 regula tions 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, in cluding 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 per mit. 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 offi cers may detain for inspection and in spect any package, crate, or other con tainer, including its contents, and all accompanying documents, upon impor tation 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 United States prior to release from de tention by Customs officers. A Service officer must clear all wildlife to be ex ported from the United States prior to the physical loading of the merchan dise on a vehicle or aircraft, or the containerization or palletizing of such merchandise for export, unless a Serv ice officer expressly authorizes other wise. Such clearance does not con stitute a certification of the legality of an importation or exportation under the laws or regulations of the United States. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00098 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 89 U.S. Fish and Wildlife Serv., Interior § 14.54 (b) An importer/exporter or his/her agent may obtain clearance by a Serv ice officer only at designated ports (§ 14.12), at border ports (§ 14.16), at spe cial ports (§ 14.19), or at a port where importation or exportation is author ized 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 pur suant to this subpart. (c) To obtain clearance, the importer, exporter, or the importer’s or export er’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 doc uments required by the laws or regula tions 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 ex ported; and (5) Any documents and permits re quired by the country of export or re export for the wildlife. [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 clear ance. (a) Detention. Any Service officer, or Customs officer acting under § 14.54, may detain imported or exported wild life and any associated property. As soon as practicable following the im portation or exportation and decision to detain, the Service will mail a no tice of detention by registered or cer tified mail, return receipt requested, to the importer or consignee, or exporter, if known or easily ascertainable. Such notice must describe the detained wild life or other property, indicate the rea son for the detention, describe the gen eral 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 pe riod if specifically stated, that the Service will deem the wildlife to be seized and will issue no further notifi cation of seizure. (b) Refusal of clearance. Any Service officer may refuse clearance of im ported or exported wildlife and any Customs officer acting under § 14.54 may refuse clearance of imported wild life 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 es tablished (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 sub species level); (3) Any permit, license, or other doc umentation 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 im porter’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 im porter’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 ac cordance with the provisions of part 11. [61 FR 31869, June 21, 1996] § 14.54 Unavailability of Service offi cers. (a) Designated ports. All wildlife arriv ing 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 VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 90 50 CFR Ch. I (10–1–23 Edition) § 14.55 within a reasonable time, Customs Of ficers may clear live or perishable wild life subject to post-clearance inspec tion and investigation by the Service. (b) Border and special ports. Wildlife lawfully imported at Canadian or Mexi can border ports under § 14.16, or into Alaska, Puerto Rico, or the Virgin Is lands, under § 14.19, may, if a Service officer is not available within a reason able time, be cleared by Customs offi cers, subject to post-clearance inspec tion 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 in spection and investigation by the Serv ice. (d) Personal baggage and household ef fects. 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 in spection and investigation by the Serv ice. (e) Personally owned pet birds. Person ally 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 Cus toms 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. [45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996] § 14.55 Exceptions to clearance re quirements. Except for wildlife requiring a permit pursuant to part 17 or 23 of this sub chapter B, clearance is not required for the importation of the following wild life: (a) Shellfish and fishery products im ported 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 pur poses; (b) Marine mammals lawfully taken on the high seas by United States resi dents and imported directly into the United States; and (c) Certain antique articles as speci fied in § 14.22 which have been released from custody by Customs officers under 19 U.S.C. 1499. (d) Dead, preserved, dried, or embed ded scientific specimens or parts there of, imported or exported by accredited scientists or accredited scientific insti tutions for taxonomic or systematic re search purposes. Except: That this ex ception will not apply to any speci mens 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 declaration require ments. Except as otherwise provided by the regulations of this subpart, importers or their agents must file with the Serv ice a completed Declaration for Impor tation or Exportation of Fish or Wild life (Form 3–177), signed by the im porter 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 arti cles 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– 177 and the importer, or the importer’s agent, must certify that the informa tion furnished is true and complete to the best of his/her knowledge and be lief. [61 FR 49980, Sept. 24, 1996] § 14.62 Exceptions to import declara tion requirements. (a) Except for wildlife requiring a permit pursuant to part 17 or 23 of this subchapter B, an importer or his/her VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 91 U.S. Fish and Wildlife Serv., Interior § 14.64 agent does not have to file a Declara tion for Importation or Exportation of Fish or Wildlife (Form 3–177) for impor tation of shellfish and fishery products imported for purposes of human or ani mal consumption, or taken in waters under the jurisdiction of the United States or on the high seas for rec reational 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 fol lowing: (1) Fish taken for recreational pur poses in Canada or Mexico; (2) Wildlife products or manufactured articles that are not intended for com mercial 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 com mercial use and are a part of a ship ment of the household effects of per sons 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 provi sions of 14.61 and except for wildlife in cluded in paragraph (d) of this section, an importer or his/her agent may de scribe in general terms on a Declara tion for the Importation or Expor tation of Fish or Wildlife (Form 3–177) scientific specimens imported for sci entific institutions for taxonomic, sys tematic research, or faunal survey pur poses. An importer or his/her agent must file an amended Form 3–177 with in 180 days after filing of the general declaration with the Service. The dec laration must identify specimens to the most accurate taxonomic classi fication reasonably practicable using the best available taxonomic informa tion. The Director may grant exten sions 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 Ex portation 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 sci entists or accredited scientific institu tions for taxonomic or systematic re search purposes. An importer or his/her agent must file a Form 3–177 within 180 days of importation with the appro priate Assistant Regional Director— Law Enforcement in the Region where the importation occurs. The declara tion 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. Ex cept: 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; 45 FR 64953, Oct. 1, 1980, as amended at 61 FR 31870, June 21, 1996] § 14.63 Export declaration require ments. Except as otherwise provided by the regulations of this subpart, a com pleted Declaration for Importation or Exportation of Fish or Wildlife (Form 3–177) signed by the exporter, or the ex porter’s agent, shall be filed with the Service prior to the export of any wild life at the port of exportation as au thorized 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 fur nished is true and complete to the best of his/her knowledge and belief. § 14.64 Exceptions to export declara tion 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 Declara tion for Importation or Exportation of Fish or Wildlife (Form 3–177) for the ex portation of shellfish and fishery prod ucts exported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 92 50 CFR Ch. I (10–1–23 Edition) § 14.81 States or on the high seas for rec reational purposes, and does not have to file for the exportation of live aquatic invertebrates of the Class Pelecypoda (commonly known as oys ters, claims, mussels, and scallops) and the eggs, larvae, or juvenile forms thereof exported for purposes of propa gation, or research related to propaga tion. (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 resi dence 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 insti tutions for taxonomic or systematic re search purposes. An exporter or his/her agent must file a Form 3–177 within 180 days of exportation with the appro priate Assistant Regional Director— Law Enforcement in the Region where the exportation occurs. The declara tion 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. Ex cept: That this exception will not apply to any specimens or parts thereof taken as a result of sport hunting. (c) Except for wildlife requiring a pe riod pursuant to parts 17 or 23 of this subchapter, a Declaration for the Im portation 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. [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 con spicuously 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 en tire 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 fol lowing alternatives to the marking re quirement: (1)(i) Conspicuously marking the out side of each container or package con taining 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 ac curately 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: (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 se curely attached to the outside of one container or package in the shipment VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 93 U.S. Fish and Wildlife Serv., Interior § 14.91 or otherwise physically accompany the shipment in a manner which makes it readily accessible for inspection; or (2) Affixing the shipper’s wildlife im port/export license number preceded by the three letters ‘‘FWS’’ on the outside of each container or package con taining 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 ac cordance 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 con tainer, only the outermost container must be marked in accordance with this section. Except, that for live fish or wildlife that are packed in subcon tainers within a larger packing con tainer, if the subcontainers are num bered or labeled, the packing list, in voice, bill or lading, or other similar document, must reflect that number or label. However, each subcontainer con taining 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 con veyance 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 con taining— (1) Fox, nutria, rabbit, mink, chin chilla, 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 cap tivity accompanies the shipping docu ments; (2) Fish or shellfish contained in re tail consumer packages labeled pursu ant 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 car ried 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/ex port 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 import ing or exporting wildlife for commer cial purposes (see § 14.4), you must ob tain an import/export license prior to importing or exporting your wildlife shipment. (c) The following table includes some examples of when an import/export li cense is required: If I import into the United States or ex port from the United States . . . do I need an import/export license? (1) Wildlife in the form of products such as garments, bags, shoes, boots, jew elry, rugs, trophies, or curios for com mercial purposes. Yes. (2) Wildlife in the form of hides, furs, or skins for commercial purposes. Yes. (3) Wildlife in the form of food for com mercial purposes. Yes. (4) As an animal dealer, animal broker, pet dealer, or pet or laboratory sup plier. Yes. (5) As an individual owner of a person ally owned live wildlife pet for personal use. No. (6) As a collector or hobbyist for per sonal use. No. (7) As a collector or hobbyist for com mercial purposes, including sale, trade or barter. Yes. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00103 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 94 50 CFR Ch. I (10–1–23 Edition) § 14.92 If I import into the United States or ex port from the United States . . . do I need an import/export license? (8) As a laboratory researcher or bio medical supplier for commercial pur poses. Yes. (9) As a customs broker or freight for warder engaged in business as a dis patcher, handler, consolidator, or transporter of wildlife or if I file docu ments with the Service on behalf of others. No. (10) As a common carrier engaged in business as a transporter of wildlife. No. (11) As a taxidermist, outfitter, or guide importing or exporting my own hunting trophies for commercial purposes. Yes. (12) As a taxidermist, outfitter, or guide transporting or shipping hunting tro phies for clients or customers. No. (13) As a U.S. taxidermist receiving a U.S. client’s personal hunting trophies after import clearance for processing. No. (14) As a U.S. taxidermist importing wild life from or exporting wildlife to foreign owners who are requesting my serv ices. Yes. (15) As a foreign owner of wildlife ex porting my personal hunting trophies from the United States to my home. No. (16) As a circus for exhibition or resale purposes. Yes. (17) As a Federal, State, municipal, or tribal agency. No. (18) As a public museum, or public sci entific or educational institution for noncommercial research or edu cational purposes. No. § 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 wild life without obtaining an import/export license: (1) Shellfish (see § 10.12 of this chap ter) 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 pur poses of human or animal consumption or taken in waters under the jurisdic tion of the United States or on the high seas for recreational purposes; (2) Live farm-raised fish and farm raised 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 sub chapter, and are exported only for the purposes of propagation or research re lated to propagation; and (4) Pearls that do not require a per mit under parts 16, 17, or 23 of this sub chapter. (5)(i) Except as provided in para graphs (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 ju risdiction of the United States or are imported into the United States for processing pursuant to the licensing re quirements 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, trans portation, 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 manage ment’’ data, as defined in section 3 of the Magnuson-Stevens Fishery Con servation 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 deter mines, in consultation with the pri mary research agency of such Commis sion, after notice and an opportunity to comment, that the data fails to prove that the State agency or official is engaged in conservation and man agement of the green sea urchin. (b) Certain persons. (1) The following persons may import or export wildlife without obtaining an import/export li cense, provided that these persons keep records that will fully and correctly de scribe each importation or exportation of wildlife made by them and the subse quent disposition made by them with respect to the wildlife. (i) Public museums, or other public, scientific, or educational institutions, VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00104 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 95 U.S. Fish and Wildlife Serv., Interior § 14.93 importing or exporting wildlife for noncommercial research or educational purposes; and (ii) Federal, State, tribal, or munic ipal agencies. (2) Subject to applicable limitations of law, duly authorized Service officers at all reasonable times will, upon no tice, 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. [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, includ ing 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 condi tions in part 13 of this subchapter, you must comply with the following condi tions: (1) You must comply with all require ments of this part, all other applicable parts of this subchapter, and any spe cific conditions or authorizations de scribed on the face of, or on an annex to, the import/export license; (2) You must pay all applicable li cense and inspection fees as required in § 14.94; (3) You are responsible for providing current contact information to us, in cluding 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 and correctly describe each import or export of wildlife that you made under the import/export license and, if appli cable, any subsequent disposition that you made of the wildlife, for a period of 5 years: (i) A general description of the wild life, such as ‘‘live,’’ ‘‘raw hides,’’ ‘‘fur garments,’’ ‘‘leather goods,’’ ‘‘foot wear,’’ 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 wild life, 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 dis position, if applicable, of the wildlife and the manner of the subsequent dis position, whether by sale, barter, con signment, 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, re export, or origin of the wildlife. (5) You must, upon notice, provide authorized Service officers with access to your place(s) of business at all rea sonable times and give us an oppor tunity 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 limita tions of the law; (6) You must submit a report con taining the information you must keep in paragraph (b)(4) of this section with in 30 days of receiving a written re quest 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 require ment established by Federal, State, or 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 li cense. In no case will the import/export license be valid for more than 1 year after the date of issuance. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 96 50 CFR Ch. I (10–1–23 Edition) § 14.94 (d) Issuance, denial, suspension, rev ocation, or renewal of import/export li cense. 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 meet ing the requirements of this part or other applicable parts of this sub chapter. § 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/ex port license processed under § 14.93 and part 13 of this subchapter. (b) Designated port exception permit ap plication fees. You must pay the appli cation and amendment fees, as defined in § 13.11(d)(4), for any required des ignated port exception permit proc essed 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 wild life 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 cri teria that allow certain ports to act as designated ports in §§ 14.16–14.19, § 14.22, and § 14.24 of this part. (d) Staffed nondesignated port base in spection fees. You must pay a nondes ignated port base inspection fee, as de fined in § 14.94(h)(2), for each wildlife shipment imported or exported at a staffed nondesignated port, using a des ignated port exception permit issued under subpart C of this part. This fee is in place of, not in addition to, the des ignated port base fee. (e) Nonstaffed, nondesignated port base inspection fees. You must pay a nondes ignated port base inspection fee, as de fined 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, transpor tation, 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 Serv ice 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 addi tion to any base inspection fees re quired 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 con taining live or protected species, as de fined in § 14.94(h)(4), imported or ex ported 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 per sons not requiring an import/export li cense 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 § 14.94(h)(4), imported or exported at a nondesignated port using a designated port exception permit issued under sub part C of this part. (4) You must pay two premium in spection fees in addition to any base inspection fees required in paragraphs VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 97 U.S. Fish and Wildlife Serv., Interior § 14.94 (c), (d), and (e) of this section, as de fined 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 hol iday, Saturday, or Sunday. (1) Overtime fees are in addition to any base inspection fees or premium inspection fees required for each ship ment. We will charge these fees regard less of whether or not you have an im port/export license. (2) Our ability to perform inspections during overtime hours will depend upon the availability of Service per sonnel. If we cannot perform an inspec tion 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 ac tual time in excess of the minimum. It incorporates the actual time to con duct an inspection and the travel time to and from the inspection location. (4) The Service will charge any over time, including travel time, in excess of the minimum in quarter-hour incre ments 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 quarter hour 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 in spections 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. Inspection fee schedule Fee cost per shipment per year 2008 2009 2010 2011 2012 and beyond (1) Designated port base inspection fee (see § 14.94 (c)). $85 ................ $87 ................ $89 ................ $91 ................ $93. (2) Staffed nondesignated port base inspec tion fee (see § 14.94(d)). $133 .............. $136 .............. $139 .............. $142 .............. $145. (3) Nonstaffed nondesignated port base in spection fee (see § 14.94(e)). $133 .............. $136 .............. $139 .............. $142 .............. $145. (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;. $19 ................ $37 ................ $56 ................ $74 ................ $93. (ii) Live species. Any live wildlife, including live viable eggs and live pupae. $19 ................ $37 ................ $56 ................ $74 ................ $93. (5) Overtime inspection fee (see § 14.94(g)): (i) Inspections beginning less than 1 hour before normal work hours. $48 ................ $49 ................ $51 ................ $52 ................ $53. (ii) Inspections after normal work hours, including Saturday and Sunday. (2 hour minimum charge plus fee for additional time). $96 min. + $48/hr. $98 min. + $49/hr. $101 min. + $51/hr. $103 min. + $52/hr. $105 min. + $53/hr. (iii) Inspections on Federal holi days. (2 hour minimum charge plus fee for additional time). $128 min. + $64/hr. $131 min.+ $65/hr. $133 min. + $67/hr. $136 min. + $68/hr. $139 min. + $70/hr. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00107 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 98 50 CFR Ch. I (10–1–23 Edition) § 14.94 (i) The Service will not refund any fee or any portion of any license or in spection 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 para graphs (e) and (g)(5) of this section. (k) Exemptions to inspection fees—(1) Certain North American-origin wild mam mal 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, salt ed, or crusted hide or skin; or a sepa rate fur or skin part, lawfully taken from the wild in the United States, Canada, or Mexico that does not re quire 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 para graph (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, Dec laration for Importation or Expor tation of Fish or Wildlife, that your shipment meets all the criteria in this section. (2) You do not have to pay base in spection fees, premium inspection fees, or overtime fees if you are importing or exporting wildlife that is exempt from import/export license require ments 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 in spection 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) Pro gram 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 cer tificate 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 con taining wildlife. (D) Each wildlife shipment is valued at $5,000 or less. (E) Your business has not been as sessed a civil penalty, issued a viola tion notice, or convicted of any mis demeanor or felony violations involv ing the import or export of wildlife. (F) Your business has had two or fewer wildlife shipments that were re fused clearance in the 5 years prior to the receipt of your request by the Serv ice. (G) Your business has not previously participated in the program and been removed for failure to meet the cri teria. (ii) Program participation. To partici pate in the fee exemption program for low-risk importations and expor tations, 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 re view of the criteria by the Service, eDecs will notify you if you have been approved to participate in the program. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00108 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 99 U.S. Fish and Wildlife Serv., Interior § 14.102 (B) You must continue to meet the criteria in paragraph (k)(4)(i) of this section while participating in the pro gram. If you fail to meet the criteria after approval, you will be removed from the program and must pay all ap plicable fees. (C) If approved to participate in the program you must file FWS Form 3–177 and all required accompanying docu ments electronically using eDecs for each shipment and meet all other re quirements of this part. [73 FR 74628, Dec. 9, 2008, as amended at 77 FR 65326, Oct. 26, 2012] Subpart J—Standards for the Hu mane and Healthful Transport of Wild Mammals and Birds to the United States SOURCE: 57 FR 27108, June 17, 1992, unless otherwise noted. § 14.101 Purposes. The purpose of this subpart is to pre scribe requirements necessary to en sure 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 condi tions. These regulations implement section 9(d) of the Lacey Act Amend ments of 1981. § 14.102 Definitions. In addition to the definitions con tained 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 condi tioning. Carrier means any person operating an airline, railroad, motor carrier, shipping line, or other enterprise en gaged in the business of transporting any wild mammal or bird for any pur pose including exhibition and for any person, including itself. Communicable disease means any con tagious, infectious, or transmissible disease of wild mammals or birds. Conveyance means any vehicle, ves sel, or aircraft employed to transport an animal between its origin and des tination. 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, re strain, 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, re mains 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. Nonhuman primate means any nonhuman member of the order Pri mates. Normal rigors of transportation means the stress that a wild animal can be ex pected to experience as a result of ex posure to unaccustomed surroundings, unfamiliar confinement, caging, unfa miliar sounds, motion, and other condi tions commonly encountered during transport. Primary enclosure means any struc ture 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 per sons of the veterinary medical profes sion. Psychological trauma means an epi sode of exposure to stressful conditions resulting in significant behavioral ab normality including, but not limited VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00109 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 100 50 CFR Ch. I (10–1–23 Edition) § 14.103 to, manifestations of unaccustomed ag gressiveness, 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 depar tures 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 re gardless of the purpose of such trans port; 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 de liver 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 facil ity of a carrier, or within a convey ance. Unweaned means a bird or mammal incapable of feeding itself independ ently. Wild means the same as fish or wild life, as defined in § 10.12 of this chapter. § 14.103 Prohibitions. Unless the requirements of this sub part are fully satisfied and all other legal requirements are met, it is un lawful for any person to transport to the United States, cause to be trans ported 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 inhu mane or unhealthful conditions or in violation of this subpart J. § 14.104 Translations. Any certificate or document required by this subpart to accompany a mam mal or bird transported to the United States and written in a foreign lan guage must be accompanied by an ac curate 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 ex amined within 10 days prior to com mencement 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 coun try does not certify veterinarians, then the veterinarian must be certified or li censed by a local government author ity designated by the national govern ment as authorized to certify veteri narians. (b)(1) A certificate of veterinary med ical inspection, signed by the exam ining 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 ac company the mammal or bird; the cer tificate should include the veterinar ian’s license number, certification number, or equivalent. A mammal in the last third of its pregnancy, if this is detectable using professionally ac cepted standards, shall not be accepted for transport to the United States ex cept for medical treatment and unless the examining veterinarian certifies in writing that the animal has been exam ined, the state of pregnancy has been evaluated, and that, despite the med ical 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 pur pose 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 mam mal or bird shall not be transported to the United States for medical treat ment unless it is accompanied at all VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00110 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 101 U.S. Fish and Wildlife Serv., Interior § 14.106 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 pur pose of such transport is for needed medical treatment and upon certifi cation in writing by the examining vet erinarian that the treatment is nec essary and the animal is able to with stand 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 admin istered 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 trans ported. The carrier shall notify the crew of the presence of live animal shipments. § 14.106 Primary enclosures. No carrier shall accept for transport to the United States any live wild mammal or bird in a primary enclosure 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 As sociation (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 Direc tor of the Federal Register in accord ance 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 in spected at the U.S. Fish and Wildlife Service Headquarters (see 50 CFR 2.1(b) for address) or at the National Ar chives and Records Administration (NARA). For information on the avail ability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal register/ code of federal regulations/ ibr locations.html. (b) A primary enclosure shall be con structed so that— (1) The strength of the enclosure is sufficient to contain the mammal or bird and to withstand the normal ef fects of transport; (2) The interior of the enclosure is free from any protrusion that could be injurious to the mammal or bird with in; (3) No part of the animal can extend or protrude outside of the primary en closure which may result in injury to the contained animal, to nearby per sons or animals, or to handlers of the primary enclosure; (4) Access to the primary enclosure is closed and secured with an animal proof device designed to prevent acci dental opening and release of the mam mal 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 with out the risk of escape of the mammal or bird; (6) The enclosure has sufficient open ings to ensure adequate circulation of air at all times. (7) The material of which the pri mary enclosure is constructed is not treated with any paint, preservative, or other chemical that is injurious or oth erwise harmful to the health or well being of mammals and birds. (c) Unless the enclosure is perma nently 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 ex tend no more than 6 inches (15 centi meters) from the surface of the enclo sure. Within this 6 inch limit, the spac ers on an enclosure containing one ani mal shall extend a distance equal to at least 10 percent of the longer dimen sion of the surface to which they are attached, and the spacers on an enclo sure containing more than one animal shall extend a distance equal to at least 20 percent of the longer dimen sion of the surface to which they are attached. Hand-holds may serve as VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00111 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 102 50 CFR Ch. I (10–1–23 Edition) § 14.106 spacer bars for the sides of the enclo sure to which they are attached. A pri mary enclosure constructed with one or more slanted or curved walls con taining ventilation openings need not be fitted with spacer bars on such walls. (d) An enclosure that is not perma nently affixed within the conveyance shall have adequate hand-holds or other devices for lifting by hand or to facilitate lifting and carrying by ma chine. 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, leak proof collection tray under a slatted or wire mesh floor. The slatted or wire mesh floor shall be designed and con structed 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 absorb ent 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 require ment to contain litter. An enclosure used to transport birds shall not con tain litter, unless it is specified in writing by the examining veterinarian as medically necessary. (f) If an enclosure has been pre viously 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 mam mals and birds before the enclosure can be re-used. (g) An enclosure that is not perma nently 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 Ani mals’’, ‘‘Do Not Tip,’’ ‘‘Only Author ized Personnel May Open Container,’’ and other appropriate or required in structions. All enclosure sides shall also be conspicuously marked on the outside with arrows to indicate the correct upright position of the enclo sure. 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 regard ing 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 en closure. Copies of shipping documents accompanying the shipment shall also be securely attached to the primary en closure. Original documents shall be carried in the carrier’s pouch or mani fest container or by the shipper’s at tendant accompanying the wild mam mal 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 animal proof device. A water trough in an en closure containing birds shall contain a foam or sponge insert, a perforated wooden block, or other suitable device to prevent spillage or drowning. (j) When a primary enclosure is per manently 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 open ing in the primary enclosure shall oc cupy at least 90 percent of the total surface area of the front wall of the en closure and be covered with bars or wire mesh. [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] VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00112 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 103 U.S. Fish and Wildlife Serv., Interior § 14.109 § 14.107 Conveyance. (a) The animal cargo space of a con veyance used to transport wild mam mals or birds to the United States shall be designed, constructed, and main tained so as to ensure the humane and healthful transport of the animals. (b) The cargo space shall be con structed and maintained so as to pre vent the harmful ingress of engine ex haust 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 enclo sures shall be positioned in a cargo space in such a manner that each ani mal has access to sufficient air for nor mal breathing. (d) The interior of an animal cargo space shall be kept clean of disease causing 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 ex pected to result in inhumane condi tions or be injurious to the animal’s health unless all reasonable pre cautions are taken to prevent such conditions or injury. § 14.108 Food and water. (a) No carrier shall accept any wild mammal or bird for transport to the United States unless written instruc tions from the shipper concerning the animal’s food and water requirements are securely affixed to the outside of its primary enclosure. Such instruc tions shall be consistent with profes sionally 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 en sure that the animal is transported hu manely 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 trans port to the United States, during inter mediate 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 com mencement of transport to the United States, during stopovers, and upon ar rival in the United States, or as di rected by the shipper’s written instruc tions. (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 fre quently 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 feed ing and watering particular kinds of animals are found below in the speci fications for the various groups. § 14.109 Care in transit. (a) During transportation to the United States, including any stopovers during transport, the carrier shall vis ually 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 tem perature is within allowable limits (see § 14.109(b)), that enclosures have not been damaged, that adequate ventila tion is being provided, and when trans port is by air, that air pressure suit able to support live animals is main tained within the cargo area (pressure equivalent to a maximum altitude of 8000 feet). During these observations the carrier shall also determine wheth er any animals are in obvious distress as described in documents attached to the enclosure. The absence of such a document or the absence of informa tion as to signs of distress shall not re move 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 at tendant is traveling with the shipment; if the shipper cannot be reached in the case of an emergency, qualified veteri nary care should be provided. A veteri narian or qualified attendant traveling with the shipment shall be provided ac cess to the animal. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00113 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 104 50 CFR Ch. I (10–1–23 Edition) § 14.110 (b) Unless otherwise specified in writ ing by the examining veterinarian the ambient air temperature in a holding area, transporting device, conveyance or terminal facility containing mam mals 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 pro vided when the ambient air tempera ture 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 de grees C (65 degrees F) at any time, and auxiliary ventilation shall be provided when the ambient air temperature ex ceeds 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 de grees F). § 14.110 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 car rier or shipper shall co-mingle live ani mal shipments with inanimate cargo in an animal holding area. (b) A carrier or shipper holding any wild mammal or bird in a terminal fa cility shall provide the following: (1) A holding area cleaned and sani tized so as to destroy pathogenic agents, maintained so that there is no accumulation of debris or excreta, and in which vermin infestation is mini mized; (2) An effective program for the con trol of insects, ectoparasites, and pests of mammals or birds; (3) Sufficient fresh air to allow the animals to breathe normally with ven tilation maintained so as to minimize drafts, odors, and moisture condensa tion; (4) Ambient air temperatures main tained within prescribed limits as spec ified 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 psy chological trauma to the mammal or bird. (b) A primary enclosure used to move any mammal or bird shall not be dropped, tipped excessively, or other wise 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 accom plished by the carrier in the most expe ditious manner, with the fewest stop overs possible, and without unneces sary 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 con veyance. (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 pos sible. 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 fol lowing: (1) Shelter from sunlight. When sun light 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. Ani mals shall be provided protection so that they remain dry during rain, snow, or other forms of precipitation. (3) Shelter from cold. Animals shall be provided protection from cold. Pro tection shall include, but not be lim ited to, that provided by covering and/ or heating of transporting devices, holding areas, conveyances or terminal facilities. (4) Protection from harassment. Ani mals shall be protected from disturb ances, including, but not limited to, harassment by humans, other animals, or machinery that makes noise, emits fumes, heat, or light, or causes vibra tion. § 14.112 Other applicable provisions. In addition to the provisions of §§ 14.101–14.111, the requirements of VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00114 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 105 U.S. Fish and Wildlife Serv., Interior § 14.131 §§ 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. 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 estab lished male-female pair, a family group, a pair of juvenile animals that have not reached puberty, or other pairs of animals that have been habit ually housed together may be shipped in the same primary enclosure. Pri mates 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 enclo sure. However, a primate may be re stricted in its movements according to professionally accepted standards of care when greater freedom of move ment would constitute a danger to the primate or to its handler or other per sons. (c) Except as provided in § 14.106(j), ventilation openings must be located on at least two walls of a primary en closure. 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 situ ated above the midline of the enclo sure. If ventilation openings are lo cated on all four walls of the enclosure, the openings on each wall shall com prise at least 20 percent of the total surface area of the wall and be situated above the midline of the primary en closure. § 14.122 Food and water. (a) A nonhuman primate shall be pro vided water suitable for drinking with in 4 hours prior to commencement of transport to the United States unless the shipper’s written instructions di rect otherwise. A carrier shall provide suitable drinking water to any primate at least every 12 hours after acceptance for transport to the United States, un less 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. § 14.123 Care in transit. (a) A primate shall be observed for signs of distress and given food and water according to the shipper’s in structions during any intermediate stop that lasts more than 4 hours. (b) Care shall be taken to keep enclo sures 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 situ ated at heights that provide cross ven tilation at all levels and that are lo cated on all four sides of the enclosure. Such ventilation openings shall com prise not less than 20 percent of the 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 sire nians shall meet the following require ments: (1) The devices shall not prevent at tendants 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; VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00115 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 106 50 CFR Ch. I (10–1–23 Edition) § 14.132 (4) The devices shall be capable of preventing the mammal from thrash ing 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 suffi cient 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 sup porting device is used, there are at least 3 inches (7.5 centimeters) of clear ance between any body part and the primary enclosure; (d) A marine mammal may be re stricted 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 en closure with an adult marine mammal other than its mother. Socially depend ent animals (e.g., siblings, mother, and offspring) transported in the same con veyance shall be allowed visual and, when appropriate for the species, olfac tory contact. A female marine mam mal shall not be transported in the same primary enclosure with any ma ture male marine mammal. § 14.132 Food and water. A marine mammal shall not be trans ported for more than a period of 36 hours without being offered suitable food unless the shipper’s written in structions 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 ac companied, in the same conveyance, by the shipper or an authorized represent ative 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 pos sible. Care during transport shall in clude the following (on a species-spe cific basis): (1) Keeping the skin moist or pre venting 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 posi tion 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 activ ity 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 mois ture 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 ex cited or otherwise dangerous behavior shall not be taken from its primary en closure except under extreme emer gency conditions and then only by the shipper or other authorized individual who is capable of handling the animal safely. SPECIFICATIONS FOR ELEPHANTS AND UNGULATES § 14.141 Consignment to carrier. Species that grow antlers shall not be accepted for transport unless the antlers have been shed or surgically re moved. § 14.142 Primary enclosures. (a) Except as provided in § 14.106(j), ventilation openings must be located VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00116 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 107 U.S. Fish and Wildlife Serv., Interior § 14.161 on at least two walls of a primary en closure. 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 ven tilation 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 lo cated on the upper one-half of the pri mary enclosure. (b) No more than one elephant or ungulate shall be transported in a pri mary enclosure, except that: a mother and nursing young may be shipped in the same primary enclosure if the ship ment 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 enclo sure. (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 posi tion 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 horns or tusks shall be designed and constructed to prevent the horns or tusks from becoming trapped or injur ing the animal itself, other animals nearby, attendants, or cargo handlers. (e) A primary enclosure for an ele phant or ungulate shall be equipped with a removable water trough that can be securely hung within the enclo sure above the floor and can be filled from outside the enclosure. SPECIFICATIONS FOR SLOTHS, BATS, AND FLYING LEMURS (CYNOCEPHALIDAE) § 14.151 Primary enclosures. (a) Except as provided in § 14.106(j), ventilation openings must be located on at least two walls of a primary en closure. 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 ven tilation 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. SPECIFICATIONS FOR OTHER TERRESTRIAL MAMMALS § 14.161 Primary enclosures. (a) Except as provided in § 14.106(j), ventilation openings must be located on at least two walls of a primary en closure. 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 one third 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 VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00117 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 108 50 CFR Ch. I (10–1–23 Edition) § 14.171 area required for ventilation shall be located on the upper one-half of the en closure. (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 pri mary enclosure if the shipment com plies with the provisions of § 14.105(b). (c) More than one rodent may be transported in the same primary enclo sure if they are members of the same species and are maintained in compat ible groups. Rodents that are incom patible shall be transported in indi vidual primary enclosures that are stored and transported so they are vis ually separated. A female with young being transported for medical reasons shall not be placed in a primary enclo sure with other animals. The following chart specifies maximum densities minimum space for transporting ro dents that fall within the specified weight limitations. Max. No. refers to maximum number per primary enclo sure; Space/animal refers to minimum area of floor space per animals. Ro dents weighing more than 5,000 grams shall be transported in individual en closures. DENSITY GUIDELINES FOR RODENTS Max. No. Space/Animal Ht. of Box cm 2 in 2 cm in wt. in grams of rodent: 220 or less .................... 20 194 30 15 6 220–450 ........................ 12 388 60 20 8 450–1000 ...................... 6 770 120 25 10 1,000–5,000 .................. 2 2,310 360 30 12 (d) A primary enclosure used to transport terrestrial mammals shall be large enough to ensure that each ani mal 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 pri mary 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 origi nally transported from the United States and being returned to this coun try with its original United States cer tificate 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 trans port to the United States any bird that was captured in the wild unless a quali fied veterinarian, authorized by the na tional government of the country from which the bird is being exported, cer tifies 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, com fortable 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 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 excep tion 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 com fortably 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 en closure. (e) A primary enclosure containing nonraptorial birds that do not rest by VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00118 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 109 U.S. Fish and Wildlife Serv., Interior § 14.252 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 acces sible from outside the enclosure for re plenishment or hand-carried and fed in accordance with the written instruc tions of the shipper. (g) Birds transported in the same pri mary enclosure shall be of the same species and be compatible with one an other. 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. Subpart K—Captive Wildlife Safety Act as Amended by the Big Cat Public Safety Act SOURCE: 88 FR 38372, June 12, 2023, unless otherwise noted. § 14.250 What is the purpose of the reg ulations in this subpart? The regulations in this subpart im plement the Big Cat Public Safety Act (BCPSA), 136 Stat. 2336, which amended the Captive Wildlife Safety Act (CWSA), 117 Stat. 2871, which amended the Lacey Act Amendments of 1981, 16 U.S.C. 3371–3378. § 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, or other Federal, State, Tribal, or terri torial laws or regulations, that may re quire a permit or describe additional restrictions or conditions for the im portation, exportation, transportation, sale, receipt, acquisition, or purchase of any prohibited wildlife species in interstate or foreign commerce, or in a manner substantially affecting inter state or foreign commerce, or breeding of any prohibited wildlife species, or possessing of any prohibited wildlife species. § 14.252 What definitions do I need to know? In addition to the definitions con tained in part 10 of this subchapter, and unless the context otherwise re quires, in this subpart: Breed means to facilitate propagation or reproduction (whether intentionally or negligently) or to fail to prevent propagation or reproduction. Date of enactment of the BCPSA means December 20, 2022. Direct contact or direct physical contact means any situation in which any indi vidual may potentially touch or other wise come into physical contact with any live specimen of the prohibited wildlife species. Licensed entity means any individual, facility, agency, or other entity that holds a valid Class ‘‘C’’ license from and is inspected by the U.S. Depart ment of Agriculture’s Animal and Plant Health Inspection Service (APHIS) under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.) (See defini tion of ‘‘Class ‘‘C’’ licensee (exhibitor)’’ in 9 CFR 1.1.), holds such license in good standing, and meets the require ments in § 14.254. Prohibited wildlife species (also re ferred to as ‘‘big cats’’) means a speci men of any of the following eight spe cies: lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia uncia), clouded leopard (Neofelis nebulosa), jaguar (Panthera onca), cheetah (Acinonyx jubatus), and cougar (Puma concolor) or any hybrids resulting from the breeding 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 pro duced. Propagation or reproduction means to allow or facilitate the production of offspring of any of the prohibited wild life species, by any means. Public contact means the same as di rect contact. Registered pre-BCPSA owner (also re ferred to as ‘‘registrant’’) means an en tity or individual that at the date of enactment of the BCPSA was in posses sion of any prohibited wildlife species that was born before the date of enact ment of the BCPSA and that meets the requirements in § 14.255. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00119 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 110 50 CFR Ch. I (10–1–23 Edition) § 14.253 Registered Federal facility means any Federal facility that exhibits animals and is registered with and inspected by APHIS under the AWA (See definition of ‘‘registrant’’ in 9 CFR 1.1.), holds such registration in good standing, and meets the requirements in § 14.254. Wildlife sanctuary means a facility that cares for live specimens of one or more of the prohibited wildlife species, is a corporation that is exempt from taxation under section 501(a) of the In ternal Revenue Code of 1986 and de scribed in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code, and meets the requirements of § 14.256. § 14.253 What are the restrictions con tained in the regulations in this subpart? Except as provided in § 14.257, it is un lawful for any person to: (a) Import, export, transport, sell, re ceive, acquire, or purchase, in inter state or foreign commerce, or in a manner substantially affecting inter state or foreign commerce, any live prohibited wildlife species; (b) Breed any live prohibited wildlife species; (c) Possess any live prohibited wild life species; or (d) Attempt to commit any act de scribed in paragraphs (a) through (c) of this section. § 14.254 What are the requirements for a licensed entity or registered Fed eral facility? To qualify for an exception in § 14.257, a licensed entity or a registered Fed eral facility must meet all of the re quirements of this section. (a) A licensed entity or a registered Federal facility must not allow any in dividual to come into direct physical contact with a prohibited wildlife spe cies, unless that individual is a: (1) Trained professional employee or contractor of the licensed entity or registered Federal facility (or an ac companying employee receiving profes sional training); (2) Licensed veterinarian (or a veteri nary student accompanying such a vet erinarian); or (3) Person who is directly supporting conservation programs of the licensed entity or registered Federal facility, the direct contact is not in the course of commercial activity (which may be evidenced by advertisement or pro motion of such activity or other rel evant evidence), and the direct contact is incidental to humane husbandry con ducted pursuant to a species-specific, publicly available, peer-edited popu lation management and care plan that has been provided to the Service with justifications that the plan— (i) Reflects established conservation science principles; (ii) Incorporates genetic and demo graphic analysis of a multi-institution population of animals covered by the plan; and (iii) Promotes animal welfare by en suring that the frequency of breeding is appropriate for the species. (b) A licensed entity or a registered Federal facility must ensure that dur ing public exhibition of any lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid resulting from the breeding of any of these species, whether naturally or ar tificially produced, the animal is at least 15 feet from members of the pub lic unless there is a permanent barrier sufficient to prevent public contact. (c) A licensed entity or a registered Federal facility must maintain com plete and accurate records of any pos session, breeding, transportation, ac quisition, receipt, purchase, sale, dis position, importation, or exportation of prohibited wildlife species. (1) The records required by this para graph (c) must be up to date and in clude the names and addresses of per sons to or from whom any prohibited wildlife species has been acquired, re ceived, imported, exported, purchased, sold, or otherwise transferred (includ ing loans for exhibition, breeding, or otherwise), and the dates of these transactions. (2) The licensed entity or registered Federal facility must maintain the records required by this paragraph (c) for the lifespan of each prohibited wild life species and for 5 years after its death or disposition and must copy these records for Service officials, if re quested. (3) The licensed entity or registered Federal facility must make the records VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00120 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 111 U.S. Fish and Wildlife Serv., Interior § 14.255 required by this paragraph (c) available and allow access to its facilities and its prohibited wildlife specimens for in spection by Service officials at reason able hours. § 14.255 What are the requirements for a registered pre-BCPSA owner? To be a registered pre-BCPSA owner (also referred to as a ‘‘registrant’’) and qualify for an exception in § 14.257, an entity or individual must meet all of the requirements of this section. (a) A registered pre-BCPSA owner must register each individual prohib ited wildlife species in their possession with the Service’s BCPSA registration form (Form Number 3–200–11) by no later than 180 days after the date of en actment of the BCPSA (i.e., no later than June 18, 2023). Each individual prohibited wildlife species in the reg istrant’s possession must: (1) Have been born: (i) Before the date of enactment of the BCPSA; or (ii) On or after the date of enactment of the BCPSA from breeding that oc curred before the date of enactment of the BCPSA, only if the registrant pro vides documentation to the Service on the BCPSA registration form (Form Number 3–200–11) to prove the indi vidual prohibited wildlife species was born on or after the date of enactment of the BCPSA from breeding that oc curred before the date of enactment of the BCPSA; (2) Not have been acquired by the registrant after the date of enactment of the BCPSA (i.e., legally in the reg istrant’s possession on or before the date of enactment of the BCPSA and have remained continually in the reg istrant’s possession); and (3) Be marked with a unique identi fier that is either a tattoo or a microchip. (b) A registered pre-BCPSA owner must not: (1) Breed, acquire, or sell any prohib ited wildlife species after the date of the enactment of the BCPSA (This re quirement applies regardless of wheth er the activity is intrastate, interstate, or international); or (2) Allow direct contact between the public and any prohibited wildlife spe cies after the date of the enactment of the BCPSA. (c) A registered pre-BCPSA owner must provide the Service with detailed information for each individual prohib ited wildlife species as required by the Service in the BCPSA registration form (Form Number 3–200–11), includ ing: (1) Common name of prohibited wild life species; (2) Name given to individual prohib ited wildlife species, if applicable; (3) Genus, species, and subspecies; (4) Birthdate and date of acquisition, including supporting documentation; (5) Unique identifier information (i.e., microchip or tattoo); (6) Sex; (7) Description (e.g., eye color, scars, ear tags); (8) Photographs of individual prohib ited wildlife species; (9) Physical location of individual prohibited wildlife species (if different from registrant’s contact information); (10) Protocols taken to prevent breed ing; (11) Protocols taken to prevent direct contact between the public and the prohibited wildlife species; and (12) Copies of all local, State, or Fed eral licenses held in relation to the prohibited wildlife species, if applica ble. (d) Within 10 calendar days as re quired by the Service in the BCPSA registration form (Form Number 3–200– 11), a registered pre-BCPSA owner must update the registration with the Service when a prohibited wildlife spe cies dies or any of the following infor mation changes: The location where the prohibited wildlife species is housed; the protocols taken to prevent breeding; the protocols taken to pre vent direct contact between the public and big cat; ownership; or a unique identifier. (e) A registered pre-BCPSA owner must maintain complete and accurate records of information for each indi vidual prohibited wildlife species in their possession as required by the Service in the BCPSA registration form (Form Number 3–200–11) for the lifespan of each individual prohibited wildlife species and for 5 years after its death or disposition and must copy VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00121 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 112 50 CFR Ch. I (10–1–23 Edition) § 14.256 these records for Service officials, if re quested. (1) While the pre-BCPSA owner may not sell or otherwise engage in com merce with prohibited wildlife species, if the pre-BCPSA owner is no longer able to continue to possess their pro hibited wildlife species, the pre-BCPSA owner may make arrangements to do nate the prohibited wildlife species to a licensed entity, registered Federal fa cility, State college, State university, State agency, State-licensed veteri narian, or a wildlife sanctuary, or may make arrangements to abandon the prohibited wildlife species to the Fed eral Government. The disposition must not be reasonably likely to result in the registered pre-BCPSA owner’s eco nomic use, gain, or benefit, including, but not limited to, profit (whether in cash or in kind). (2) The records required by this para graph (e) must be up to date, and the registered pre-BCPSA owner must make these records available and allow access to their facilities and prohibited wildlife specimens for inspection by Service officials at reasonable hours. § 14.256 What are the requirements for a wildlife sanctuary? To qualify for an exception in § 14.257, a wildlife sanctuary must meet all of the requirements of this section. (a) A wildlife sanctuary must not: (1) Commercially trade in any pro hibited wildlife species, including off spring, parts, and byproducts of such animals; (2) Breed any prohibited wildlife spe cies; (3) Allow direct contact between the public and any prohibited wildlife spe cies; or (4) Allow the transportation and dis play of any prohibited wildlife species offsite. (b) A wildlife sanctuary must main tain complete and accurate records of any possession, transportation, acqui sition, receipt, disposition, importa tion, or exportation of prohibited wild life species. (1) The records required by this para graph (b) must be up to date and must include the names and addresses of per sons to or from whom any prohibited wildlife species has been acquired, re ceived, imported, exported, or other wise transferred, and the dates of these transactions. (2) The wildlife sanctuary must main tain the records required by this para graph (b) for the lifespan of each pro hibited wildlife species and for 5 years after its death or disposition and must copy these records for Service officials, if requested. (3) The wildlife sanctuary must make the records required by this paragraph (b) available and allow access to its fa cilities and its prohibited wildlife specimens for inspection by Service of ficials at reasonable hours. § 14.257 Are there any exceptions to the restrictions contained in the regulations in this subpart? (a) The prohibitions of § 14.253 do not apply to: (1) A licensed entity or registered Federal facility that meets all of the requirements of § 14.254; (2) A State college, State university, or State agency; (3) A State-licensed veterinarian; (4) A wildlife sanctuary that meets all of the requirements of § 14.256; or (5) A person who: (i) Can produce documentation show ing that they are transporting live pro hibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species between individuals or entities that are ex cepted from the prohibitions in § 14.253; and (ii) Has no financial interest (wheth er in cash or in kind) in the prohibited wildlife species other than payment re ceived for transporting them. (b) The prohibition on possession in § 14.253 does not apply to a registered pre-BCPSA owner who is in possession of any prohibited wildlife species that was: (1) Born and possessed by the reg istered pre-BCPSA owner before the date of enactment of the BCPSA and meets all of the requirements of § 14.255 for each of the prohibited wildlife spe cies in their possession; or (2) Bred before and born on or after the date of enactment of the BCPSA, to a prohibited wildlife species pos sessed by the registered pre-BCPSA owner before the date of enactment of VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00122 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 113 U.S. Fish and Wildlife Serv., Interior § 15.3 the BCPSA, if the registered pre BCPSA owner provides documentation demonstrating that the breeding oc curred before the date of enactment of the BCPSA and meets all of the re quirements of § 14.255 for each of the prohibited wildlife species in their pos session. PART 15—WILD BIRD CONSERVATION ACT Subpart A—Introduction and General Provisions Sec. 15.1 Purpose of regulations. 15.2 Scope of regulations. 15.3 Definitions. 15.4 Information collection requirements. Subpart B—Prohibitions and Requirements 15.11 Prohibitions. 15.12 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 dis play programs. 15.24 Permits for cooperative breeding. 15.25 Permits for personal pets. 15.26 Approval of cooperative breeding pro grams. 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 spe cies. 15.33 Species included in the approved list. Subpart E—Qualifying Facilities Breeding Exotic Birds in Captivity 15.41 Criteria for including facilities as qualifying for imports. [Reserved] 15.42 List of foreign qualifying breeding fa cilities. [Reserved] Subpart F—List of Prohibited Species Not Listed in the Appendices to the Con vention 15.51 Criteria for including species and countries in the prohibited list. [Re served] 15.52 Species included in the prohibited list. [Reserved] 15.53 Countries of export included in the prohibited list. [Reserved] AUTHORITY: 16 U.S.C. 4901–4916. SOURCE: 58 FR 60536, Nov. 16, 1993, unless otherwise noted. Subpart A—Introduction and General Provisions § 15.1 Purpose of regulations. The regulations in this part imple ment the Wild Bird Conservation Act of 1992, Pub. L. 102–440, 16 U.S.C. 4901– 4916. § 15.2 Scope of regulations. (a) The regulations in this part apply to all species of exotic birds, as defined in section 15.3. (b) The provisions in this part are in addition to, and are not in lieu of, other regulations of this subchapter B that may require a permit or prescribe additional restrictions or conditions for the import, export, reexport, and transportation of wildlife. § 15.3 Definitions. In addition to the definitions con tained in parts 10 and 23 of this sub chapter B, and unless the context re quires otherwise, in this part: Documentation means a description of how scientific information was col lected, including the methodologies used; names and institutions of individ uals conducting the work; dates and lo cations of any study; and any published results or reports from the work. Exotic bird means any live or dead member of the Class Aves that is not indigenous to the 50 States or the Dis trict of Columbia, including any egg or offspring thereof, but does not include domestic poultry, dead sport-hunted birds, dead museum specimens, dead scientific specimens, products manu factured from such birds, or birds in any of the following families: Phasianidae. Numididae, Cracidae, Meleagrididae, Megapodiidae, Anatidae, Struthionidae Rheidae, Dromaiinae, and Gruidae. Indigenous means a species that is naturally occurring, not introduced as a result of human activity, and that currently regularly inhabits or breeds VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00123 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R