cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
74 rows where part_number = 23 and title_number = 50 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name, amendment_citations
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 50:50:9.0.1.1.6.1.1.1 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | A | Subpart A—Introduction | § 23.1 What are the purposes of these regulations and CITES? | FWS | (a) Treaty. The regulations in this part implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora, also known as CITES, the Convention, the Treaty, or the Washington Convention, TIAS (Treaties and Other International Acts Series) 8249. (b) Purpose. The aim of CITES is to regulate international trade in wildlife and plants, including parts, products, and derivatives, to ensure it is legal and does not threaten the survival of species in the wild. Parties, recognize that: (1) Wildlife and plants are an irreplaceable part of the natural systems of the earth and must be protected for this and future generations. (2) The value of wildlife and plants is ever-growing from the viewpoints of aesthetics, science, culture, recreation, and economics. (3) Although countries should be the best protectors of their own wildlife and plants, international cooperation is essential to protect wildlife and plant species from over-exploitation through international trade. (4) It is urgent that countries take appropriate measures to prevent illegal trade and ensure that any use of wildlife and plants is sustainable. (c) National legislation. We, the U.S. Fish and Wildlife Service (FWS), implement CITES through the Endangered Species Act (ESA). | ||||
| 50:50:9.0.1.1.6.1.1.2 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | A | Subpart A—Introduction | § 23.2 How do I decide if these regulations apply to my shipment or me? | FWS | [79 FR 30419, May 27, 2014] | If you are engaging in activities with specimens of CITES-listed species these regulations apply to you. | |||
| 50:50:9.0.1.1.6.1.1.3 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | A | Subpart A—Introduction | § 23.3 What other wildlife and plant regulations may apply? | FWS | (a) You may need to comply with other regulations in this subchapter that require a permit or have additional restrictions. Many CITES species are also covered by one or more parts of this subchapter or title and have additional requirements: (1) Part 15 (exotic birds). (2) Part 16 (injurious wildlife). (3) Parts 17 of this subchapter and 222, 223, and 224 of this title (endangered and threatened species). (4) Parts 18 of this subchapter and 216 of this title (marine mammals). (5) Part 20 (migratory bird hunting). (6) Part 21 (migratory birds). (7) Part 22 (bald and golden eagles). (b) If you are applying for a permit, you must comply with the general permit procedures in part 13 of this subchapter. Definitions and a list of birds protected under the Migratory Bird Treaty Act can be found in part 10 of this subchapter. (c) If you are importing (including introduction from the sea), exporting, or re-exporting wildlife or plants, you must comply with the regulations in part 14 of this subchapter for wildlife or part 24 of this subchapter for plants. Activities with plants are also regulated by the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS) and Department of Homeland Security, U.S. Customs and Border Protection (CBP), in 7 CFR parts 319, 355, and 356. (d) You may also need to comply with other Federal, State, tribal, or local requirements. | ||||
| 50:50:9.0.1.1.6.1.1.4 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | A | Subpart A—Introduction | § 23.4 What are Appendices I, II, and III? | FWS | Species are listed by the Parties in one of three Appendices to the Treaty (see subpart H of this part), each of which provides a different level of protection and is subject to different requirements. Parties regulate trade in specimens of Appendix-I, -II, and -III species and their parts, products, and derivatives through a system of permits and certificates (CITES documents). Such documents enable Parties to monitor the effects of the volume and type of trade to ensure trade is legal and not detrimental to the survival of the species. (a) Appendix I includes species threatened with extinction that are or may be affected by trade. Trade in Appendix-I specimens may take place only in exceptional circumstances. (b) Appendix II includes species that are not presently threatened with extinction, but may become so if their trade is not regulated. It also includes species that need to be regulated so that trade in certain other Appendix-I or -II species may be effectively controlled; these species are most commonly listed due to their similarity of appearance to other related CITES species. (c) Appendix III includes species listed unilaterally by a range country to obtain international cooperation in controlling trade. | ||||
| 50:50:9.0.1.1.6.1.1.5 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | A | Subpart A—Introduction | § 23.5 How are the terms used in these regulations defined? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30419, May 27, 2014; 87 FR 10079, Feb. 23, 2022] | In addition to the definitions contained in part 10 of this subchapter, and unless the context otherwise requires, in this part: Affected by trade means that either a species is known to be in trade and the trade has or may have a detrimental impact on the status of the species, or a species is suspected to be in trade or there is demonstrable potential international demand for the species that may be detrimental to the survival of the species in the wild. Annotation means an official footnote to the listing of a species in the CITES Appendices. A reference annotation provides information that further explains the listing (such as “p.e.” for possibly extinct). A substantive annotation is an integral part of a species listing. It designates whether the listing includes or excludes a geographically separate population, subspecies, species, group of species, or higher taxon, and the types of specimens included in or excluded from the listing, such as certain parts, products, or derivatives. A substantive annotation may designate export quotas adopted by the CoP. For species transferred from Appendix I to II subject to an annotation relating to specified types of specimens, other types of specimens that are not specifically included in the annotation are treated as if they are Appendix-I specimens. Appropriate and acceptable destination , when used in an Appendix-II listing annotation for the export of, or international trade in, live animals, means that the Management Authority of the importing country has certified, based on advice from the Scientific Authority of that country, that the proposed recipient is suitably equipped to house and care for the animal (see criteria in § 23.65). Such certification must be provided before a CITES document is issued by the Management Authority of the exporting or re-exporting country. Artificially propagated means a cultivated plant that meets the criteria in § 23.64. Assisted production means a plant specimen that does not fall within the definition of “artificially p… | |||
| 50:50:9.0.1.1.6.1.1.6 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | A | Subpart A—Introduction | § 23.6 What are the roles of the Management and Scientific Authorities? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 87 FR 10079, Feb. 23, 2022] | Under Article IX of the Treaty, each Party must designate a Management and Scientific Authority to implement CITES for that country. If a non-Party wants to trade with a Party, it must also designate such Authorities. The names and addresses of these offices must be sent to the Secretariat to be included in the Directory. In the United States, different offices within the FWS have been designated the Scientific Authority and Management Authority, which for purposes of this section includes FWS Law Enforcement. When offices share activities, the Management Authority is responsible for dealing primarily with management and regulatory issues and the Scientific Authority is responsible for dealing primarily with scientific issues. The offices do the following: | |||
| 50:50:9.0.1.1.6.1.1.7 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | A | Subpart A—Introduction | § 23.7 What office do I contact for CITES information? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014; 79 FR 43966, July 29, 2014; 87 FR 10079, Feb. 23, 2022] | Contact the following offices to receive information about CITES: | |||
| 50:50:9.0.1.1.6.1.1.8 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | A | Subpart A—Introduction | § 23.8 What are the information collection requirements? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014] | The Office of Management and Budget approved the information collection requirements for application forms and reports contained in this part and assigned OMB Control Number 1018-0093. We cannot collect or sponsor a collection of information and you are not required to provide information unless it displays a currently valid OMB control number. | |||
| 50:50:9.0.1.1.6.1.1.9 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | A | Subpart A—Introduction | § 23.9 Incorporation by reference. | FWS | [87 FR 10079, Feb. 23, 2022] | Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at U.S. Fish and Wildlife Service, International Affairs, Division of Management Authority, 703-358-2104 and is available from the sources listed elsewhere in this section. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html. (a) International Air Transport Association (IATA), 800 Place Victoria, P.O. Box 113, Montreal, Quebec, Canada H4Z 1M1, 1-800-716-6326, www.iata.org. (1) Live Animals Regulations (LAR) 48th edition, effective January 1, 2022, into §§ 23.23, 23.26, and 23.56. (2) Perishable Cargo Regulations (PCR) 21st edition, effective January 1, 2022, into §§ 23.23, 23.26, and 23.56. (b) CITES Secretariat: Palais des Nations, Avenue de la Paix 8-14, 1211 Genève 10, Switzerland; telephone +41-(0)22-917-81-39/40; email info@cites.org, www.cites.org. (1) CITES Guidelines for the non-air transport of live wild animals and plants, effective January 2, 2017, into §§ 23.23, 23.26, and 23.56, available for downloading at (i) https://cites.org/eng/resources/transport/index.php (ii) https://www.fws.gov/international/travel-and-trade/live-animal-transport.html (2) [Reserved] | |||
| 50:50:9.0.1.1.6.2.1.1 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.13 What is prohibited? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014] | Except as provided in § 23.92, it is unlawful for any person subject to the jurisdiction of the United States to conduct any of the following activities unless they meet the requirements of this part: (a) Import, export, re-export, or engage in international trade with any specimen of a species listed in Appendix I, II, or III of CITES. (b) Introduce from the sea any specimen of a species listed in Appendix I or II of CITES. (c) Possess any specimen of a species listed in Appendix I, II, or III of CITES imported, exported, re-exported, introduced from the sea, or traded contrary to the provisions of CITES, the ESA, or this part. (d) Use any specimen of a species listed in Appendix I, II, or III of CITES for any purpose contrary to what is allowed under § 23.55. (e) Violate any other provisions of this part. (f) Attempt to commit, solicit another to commit, or cause to be committed any of the activities described in paragraphs (a) through (e) of this section. | |||
| 50:50:9.0.1.1.6.2.1.10 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.22 What are the requirements for in-transit shipments? | FWS | (a) Purpose. Article VII(1) of the Treaty allows for a shipment to transit an intermediary country that is a Party before reaching its final destination without the need for the intermediary Party to issue CITES documents. To control any illegal trade, Parties are to inspect, to the extent possible under their national legislation, specimens in transit through their territory to verify the presence of valid documentation. See § 23.50 for in-transit shipment of sample collections covered by an ATA carnet. (b) Document requirements. An in-transit shipment does not require a CITES document from an intermediary country, but must be accompanied by all of the following documents: (1) Unless the specimen qualifies for an exemption under § 23.92, a valid original CITES document, or a copy of the valid original CITES document, that designates the name of the importer in the country of final destination and is issued by the Management Authority of the exporting or re-exporting country. A copy of a CITES document is subject to verification. (2) For shipment of an Appendix-I specimen, a copy of a valid import permit that designates the name of the importer in the country of final destination, unless the CITES document in paragraph (b)(1) of this section is a CITES exemption document (see § 23.20(d)). (3) Transportation and routing documents that show the shipment has been consigned to the same importer and country of final destination as designated on the CITES document. (c) Shipment requirements. An in-transit shipment, including items in an on-board store, must meet the following: (1) When in an intermediary country, an in-transit shipment must stay only for the time needed to immediately transfer the specimen to the mode of transport used to continue to the final destination and remain under customs control. Other than during immediate transfer, the specimen may not be stored in a duty-free, bonded, or other kind of warehouse or a free trade zone. (2) At any time during transit, an in-transit shipment must no… | ||||
| 50:50:9.0.1.1.6.2.1.11 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.23 What information is required on U.S. and foreign CITES documents? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014; 79 FR 32677, June 6, 2014; 87 FR 10080, Feb. 23, 2022] | (a) Purpose. Article VI of the Treaty provides standard information that must be on a permit and certificate issued under Articles III, IV, and V. To identify a false or invalid document, any CITES document, including a CITES exemption document issued under Article VII, must contain standardized information to allow a Party to verify that the specimen being shipped is the one listed on the document and that the trade is consistent with the provisions of the Treaty. (b) CITES form. A CITES document issued by a Party must be issued in one or more of the three working languages of CITES (English, Spanish, or French). A CITES document from a non-Party may be in the form of a permit or certificate, letter, or any other form that clearly indicates the nature of the document and includes the information in paragraphs (c) through (e) of this section and the additional information in § 23.25. (c) Required information. Except for a phytosanitary certificate used as a CITES certificate for artificially propagated plants in paragraph (f) of this section, or a customs declaration label used to identify specimens being moved between registered scientific institutions (§ 23.48(e)(5)), a CITES document issued by a Party or non-Party must contain the information set out in this paragraph (listed alphabetically). Specific types of CITES documents must also contain the additional information identified in paragraph (e) of this section. A CITES document is valid only when it contains the following information: (d) Purpose of transaction. If the purpose is not identified by a written description, the CITES document must contain one of the following codes: (e) Additional required information. The following describes the additional information that is required for specific types of documents (listed alphabetically): (f) Phytosanitary certificate. A Party may use a phytosanitary certificate as a CITES document under the following conditions: (1) The Party has provided copies of the certificate, stamps, and seals to the… | |||
| 50:50:9.0.1.1.6.2.1.12 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.24 What code is used to show the source of the specimen? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30423, May 27, 2014; 87 FR 10080, Feb. 23, 2022] | The Management Authority must indicate on the CITES document the source of the specimen using one of the following codes, except the code “O” for pre-Convention, which may be used in conjunction with another code: | |||
| 50:50:9.0.1.1.6.2.1.13 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.25 What additional information is required on a non-Party CITES document? | FWS | (a) Purpose. Under Article X of the Treaty, a Party may accept a CITES document issued by a competent authority of a non-Party only if the document substantially conforms to the requirements of the Treaty. (b) Additional certifications. In addition to the information in § 23.23(c) through (e), a CITES document issued by a non-Party must contain the following certifications on the face of the document: | ||||
| 50:50:9.0.1.1.6.2.1.14 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.26 When is a U.S. or foreign CITES document valid? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30423, May 27, 2014; 87 FR 10080, Feb. 23, 2022] | (a) Purpose. Article VIII of the Treaty provides that Parties take appropriate measures to enforce the Convention to prevent illegal trafficking in wildlife and plants. (b) Original CITES documents. A separate original or a true copy of a CITES document must be issued before the import, introduction from the sea, export, or re-export occurs, and the document must accompany each shipment. No copy may be used in place of an original except as provided in § 23.23(e)(3) or when a shipment is in transit (see § 23.22). Fax or electronic copies are not acceptable. (c) Acceptance of CITES documents. We will accept a CITES document as valid for import, introduction from the sea, export, or re-export only if the document meets the requirements of this section, §§ 23.23 through 23.25, and the following conditions: (d) Verification of a CITES document. We may request verification of a CITES document from the Secretariat or a foreign Management Authority before deciding whether to accept it under some circumstances, including, but not limited to, the following: (1) We receive reliable information that indicates the need for CITES document verification. (2) We have reasonable grounds to believe that a CITES document is not valid or authentic because the species is being traded in a manner detrimental to the survival of the species or in violation of foreign wildlife or plant laws, or any applicable Management or Scientific Authority finding has not been made. (3) The re-export certificate refers to an export permit that does not exist or is not valid. (4) The CITES document includes a species for which the Secretariat has published an annotated quota. (5) We have reasonable grounds to believe that the document is fraudulent, contains false information, or has unauthorized changes. (6) We have reasonable grounds to believe that the specimen identified as bred in captivity or artificially propagated is a wild specimen, was produced from illegally acquired parental stock, or otherwise does not qualify for these e… | |||
| 50:50:9.0.1.1.6.2.1.15 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.27 What CITES documents do I present at the port? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30424, May 27, 2014] | (a) Purpose. Article VIII of the Treaty provides that Parties establish an inspection process that takes place at a port of exit and entry. Inspecting officials must verify that valid CITES documents accompany shipments and take enforcement action when shipments do not comply with the Convention. Article VI, paragraph 6, of the Treaty requires that the Management Authority of the importing country cancel and retain the export permit or re-export certificate and any corresponding import permit presented. In the United States, for imports of CITES-listed plant specimens, CITES inspecting officials cancel and submit original CITES documents to the U.S. Management Authority. (b) U.S. port requirements. In the United States, you must follow the clearance requirements for wildlife in part 14 of this subchapter and for plants in part 24 of this subchapter and 7 CFR parts 319, 352, and 355, and the specific requirement in paragraphs (c) and (d) of this section. (c) General validation or certification process. Officials in each exporting or re-exporting country inspect the shipment and validate or certify the CITES document. The table in this paragraph (c) provides information on: (1) The types of original CITES documents you must present to be validated or certified by the inspecting official to export or re-export from a country. (2) When you need to surrender a copy of the original CITES document to the inspecting official at the time of export or re-export. (3) When you need to surrender the original CITES document to the inspecting official at the time of import or introduction from the sea. 1 Original must be available for inspection, but permit conditions will indicate whether an original or copy is to be validated. (d) Customs declaration labels. The customs declaration label used to identify specimens being moved between registered scientific institutions (§ 23.48) must be affixed to the shipping container. The label does not require export or re-export validation or certification at the port. | |||
| 50:50:9.0.1.1.6.2.1.2 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.14 [Reserved] | FWS | |||||
| 50:50:9.0.1.1.6.2.1.3 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.15 How may I travel internationally with my personal or household effects, including tourist souvenirs? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 73 FR 40986, July 17, 2008] | (a) Purpose. Article VII(3) of the Treaty recognizes a limited exemption for the international movement of personal and household effects. (b) Stricter national measures. The exemption for personal and household effects does not apply if a country prohibits or restricts the import, export, or re-export of the item. (1) You or your shipment must be accompanied by any document required by a country under its stricter national measures. (2) In the United States, you must obtain any permission needed under other regulations in this subchapter (see § 23.3). (c) Required CITES documents. You must obtain a CITES document for personal or household effects and meet the requirements of this part if one of the following applies: (1) The Management Authority of the importing, exporting, or re-exporting country requires a CITES document. (2) You or your shipment does not meet all of the conditions for an exemption as provided in paragraphs (d) through (f) of this section. (3) The personal or household effect for the following species exceeds the quantity indicated in paragraphs (c)(3)(i) through (vi) in the table below: 1 To import, export, or re-export more than the quantity listed in the table, you must have a valid CITES document for the entire quantity. (d) Personal effects. You do not need a CITES document to import, export, or re-export any legally acquired specimen of a CITES species to or from the United States if all of the following conditions are met: (1) No live wildlife or plant (including eggs or non-exempt seeds) is included. (2) No specimen from an Appendix-I species is included, except for certain worked African elephant ivory as provided in paragraph (f) of this section. (3) The specimen and quantity of specimens are reasonably necessary or appropriate for the nature of your trip or stay and, if the type of specimen is one listed in paragraph (c)(3) of this section, the quantity does not exceed the quantity given in the table. (4) You own and possess the specimen for personal use, inclu… | |||
| 50:50:9.0.1.1.6.2.1.4 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.16 What are the U.S. CITES requirements for urine, feces, and synthetically derived DNA? | FWS | (a) CITES documents. We do not require CITES documents to trade in urine, feces, or synthetically derived DNA. (1) You must obtain any collection permit and CITES document required by the foreign country. (2) If the foreign country requires you to have a U.S. CITES document for these kinds of samples, you must apply for a CITES document and meet the requirements of this part. (b) Urine and feces. Except as provided in paragraph (a) of this section, we consider urine and feces to be wildlife byproducts, rather than parts, products, or derivatives, and exempt them from the requirements of CITES and this part. (c) DNA. We differentiate between DNA directly extracted from blood and tissue and DNA synthetically derived as follows: (1) A DNA sample directly derived from wildlife or plant tissue is regulated by CITES and this part. (2) A DNA sample synthetically derived that does not contain any part of the original template is exempt from the requirements of CITES and this part. | ||||
| 50:50:9.0.1.1.6.2.1.5 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.17 What are the requirements for CITES specimens traded internationally by diplomatic, consular, military, and other persons exempt from customs duties or inspections? | FWS | A specimen of a CITES species imported, introduced from the sea, exported, or re-exported by a person receiving duty-free or inspection exemption privileges under customs laws must meet the requirements of CITES and the regulations in this part. | ||||
| 50:50:9.0.1.1.6.2.1.6 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.18 What CITES documents are required to export Appendix-I wildlife? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014] | Answer the questions in the following decision tree to find the section in this part that applies to the type of CITES document you need to export Appendix-I wildlife. See § 23.20(d) for CITES exemption documents or § 23.92 for specimens that are exempt from the requirements of CITES and do not need CITES documents. | |||
| 50:50:9.0.1.1.6.2.1.7 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.19 What CITES documents are required to export Appendix-I plants? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014] | Answer the questions in the following decision tree to find the section in this part that applies to the type of CITES document you need to export Appendix-I plants. See § 23.20(d) for CITES exemption documents or § 23.92 for specimens that are exempt from the requirements of CITES and do not need CITES documents. | |||
| 50:50:9.0.1.1.6.2.1.8 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.20 What CITES documents are required for international trade? | FWS | (a) Purpose. Articles III, IV, and V of the Treaty give the types of standard CITES documents that must accompany an Appendix-I, -II, or -III specimen in international trade. Articles VII and XIV recognize some exemptions and provide that a CITES document must accompany most exempt specimens. (b) Stricter national measures. Before importing, introducing from the sea, exporting, or re-exporting a specimen, check with the Management Authorities of all countries concerned to obtain any documentation required under stricter national measures. (c) CITES documents. Except as provided in the regulations in this part, you must have a valid CITES document to engage in international trade in any CITES specimen. (d) CITES exemption documents. The following table lists the CITES exemption document that you must obtain before conducting a proposed activity with an exempt specimen (other than specimens exempted under § 23.92). If one of the exemptions does not apply to the specimen, you must obtain a CITES document as provided in paragraph (e) of this section. The first column in the following table alphabetically lists the type of specimen or activity that may qualify for a CITES exemption document. The last column indicates the section of this part that contains information on the application procedures, provisions, criteria, and conditions specific to each CITES exemption document, as follows: 1 Issued by the Management Authority in the exporting or re-exporting country. 2 Issued by the Management Authority in the owner's country of usual residence. 3 Registration codes assigned by the Management Authorities in both exporting and importing countries. 4 Appendix-I species bred in captivity or artificially propagated for commercial purposes (see §§ 23.46 and 23.47). (e) Import permits, export permits, re-export certificates, and certificates of origin. Unless one of the exemptions under paragraph (d) of this section or § 23.92 applies, you must obtain the following CITES documents before conducting the p… | ||||
| 50:50:9.0.1.1.6.2.1.9 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | B | Subpart B—Prohibitions, Exemptions, and Requirements | § 23.21 What happens if a country enters a reservation for a species? | FWS | (a) Purpose. CITES is not subject to general reservations. Articles XV, XVI, and XXIII of the Treaty allow a Party to enter a specific reservation on a species listed in Appendix I, II, or III, or on parts, products, or derivatives of a species listed in Appendix III. (b) General provision. A Party can enter a reservation in one of the following ways: (1) A Party must provide written notification to the Depositary Government (Switzerland) on a specific new or amended listing in the Appendices within 90 days after the CoP that adopted the listing, or at any time for Appendix-III species. (2) A country must provide written notification on a specific species listing when the country ratifies, accepts, approves, or accedes to CITES. (c) Requesting the United States take a reservation. You may submit information relevant to the issue of whether the United States should take a reservation on a species listing to the U.S. Management Authority. The request must be submitted within 30 calendar days after the last day of the CoP where a new or amended listing of a species in Appendix I or II occurs, or at any time for a species (or its parts, products, or derivatives) listed in Appendix III. (d) Required CITES documents. Except as provided in paragraph (d)(2) of this section, Parties treat a reserving Party as if it were a non-Party for trade in the species concerned (including parts, products, and derivatives, as appropriate). The following table indicates when CITES documents must accompany a shipment and which Appendix should appear on the face of the document: 1 Both reserving Parties must have a reservation for the same species, and if the species is listed in Appendix III, a reservation for the same parts, products, and derivatives. 2 CITES recommends that reserving Parties treat Appendix-I species as if listed in Appendix II and issue CITES documents based on Appendix-II permit criteria (see § 23.36). However, the CITES document must show the specimen as listed in Appendix I. If the United States en… | ||||
| 50:50:9.0.1.1.6.3.1.1 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.32 How do I apply for a U.S. CITES document? | FWS | (a) To apply for a U.S. CITES document, you must complete a standard application form and submit it to the appropriate office shown on the top of the form. (b) To determine the type of CITES document needed for your shipment, go to §§ 23.18 through 23.20 for further guidance. (c) If a species is also regulated under another part of this subchapter (such as endangered or threatened species, see § 23.3), the requirements of all parts must be met. You may submit a single application that contains all the information needed to meet the requirements of CITES and other applicable parts. (d) You must also follow the general permit procedures in part 13 of this subchapter. (e) You should review the criteria in all applicable regulations in this subchapter that apply to the type of permit you are seeking before completing the application form. (f) We will review your application to assess whether it contains the information needed to make the required findings. (1) Based on available information, we will decide if any of the exemptions apply and what type of CITES document you need. (2) If we need additional information, we will contact you. If you do not provide the information within 45 calendar days, we will abandon your application. If your application is abandoned and you wish to apply for a permit at a later time, you must submit a new application. | ||||
| 50:50:9.0.1.1.6.3.1.10 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.41 What are the requirements for a bred-in-captivity certificate? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014] | (a) Purpose. Article VII(5) of the Treaty grants an exemption to wildlife that is bred in captivity when a Management Authority issues a certificate. (b) U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of a certificate for Appendix-I, -II, or -III wildlife that was bred in captivity: (1) The certificate and any subsequent re-export certificate must show the source code as “C” for bred in captivity. (2) For an Appendix-I specimen that satisfies the requirements of this section, no CITES import permit is required. (c) U.S. application form. Complete Form 3-200-24, 3-200-80, or 3-200-85 and submit it to the U.S. Management Authority. (d) Criteria. The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign certificates. When applying for a U.S. certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria: | |||
| 50:50:9.0.1.1.6.3.1.11 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.42 What are the requirements for a plant hybrid? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014] | General provisions. Except as provided in § 23.92, the export, re-export, or import of a plant hybrid of a CITES species must be accompanied by a valid CITES document that shows the Appendix of the specimen as follows: | |||
| 50:50:9.0.1.1.6.3.1.12 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.43 What are the requirements for a wildlife hybrid? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014] | (a) Definition. For the purposes of this section, recent lineage means the last four generations of a specimen's ancestry (direct line of descent). (b) U.S. and foreign general provisions. Except as provided in paragraph (f) of this section, the import, export, or re-export of a hybrid CITES wildlife specimen must be accompanied by a valid CITES document. (c) CITES documents. All CITES documents must show the wildlife hybrid listed in the following Appendix: (d) U.S. application for wildlife hybrid. To apply for a CITES document, complete the appropriate form for the proposed activity (see §§ 23.18 through 23.20) and submit it to the U.S. Management Authority. (e) Criteria. For export of a hybrid that contains a CITES species in its recent lineage, you must meet the requirements of § 23.36. (f) Exempt wildlife hybrids. The following provisions apply to import, export, or re-export of exempt wildlife hybrids: (1) A hybrid between a CITES species and a non-CITES species may be exempt from CITES document requirements if there are no purebred CITES species in the previous four generations of the specimen's ancestry (direct line of descent). Under this section, a hybrid between two CITES species is not exempt. (2) For import, export, or re-export of an exempt wildlife hybrid without CITES documents, you must provide information at the time of import or export to clearly demonstrate that your specimen has no purebred CITES specimens in the previous four generations of its ancestry. If you are unable to clearly demonstrate this, you must obtain CITES documents. The information you provide must clearly identify the specimen and demonstrate its recent lineage. Such information may include, but is not limited to, the following: (i) Records that identify the name and address of the breeder and identify the specimen by birth or hatch date and by sex, band number, microchip number, or other mark. (ii) A certified pedigree issued by an internationally recognized association that contains scientific names o… | |||
| 50:50:9.0.1.1.6.3.1.13 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.44 What are the requirements for traveling internationally with my personally owned live wildlife? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014] | (a) Purpose. A Management Authority may use the exemption in Article VII(3) of the Treaty to issue a certificate of ownership that authorizes frequent cross-border movements of personally owned live wildlife for personal use. (b) U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of a certificate of ownership for frequent international travel with live wildlife for personal use: (1) The certificate must be obtained from the Management Authority in the country of the owner's primary residence. (2) Parties should treat the certificate like a passport for import to and export or re-export from each country and should not collect the original certificate at the border. (3) If offspring are born or an additional specimen is acquired while the owner is outside his or her country of primary residence, the owner must obtain the appropriate CITES document for the export or re-export of the wildlife, not a certificate of ownership, from the Management Authority of that country. (4) Upon returning home, the owner may apply for a certificate of ownership for wildlife born or acquired overseas. (c) U.S. application form. Complete Form 3-200-64 and submit it to the U.S. Management Authority. (d) Criteria. The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign certificates. When applying for a U.S. certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria: (1) The traveler owns the live wildlife and it will accompany the owner. (2) The cross-border movement will be frequent and for personal use, including, but not limited to, companionship or use in a noncommercial competition such as falconry. (3) To apply for a U.S. certificate, the owner resides in the United States. (4) The wildlife was legally acquired (see § 23.60). (5) The owner does not intend to sell, donate, or transfer the wildlife while traveling internationally. (6) The scientific name of… | |||
| 50:50:9.0.1.1.6.3.1.14 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.45 What are the requirements for a pre-Convention specimen? | FWS | (a) Purpose. Article VII(2) of the Treaty exempts a pre-Convention specimen from standard permitting requirements in Articles III, IV, and V of the Treaty when the exporting or re-exporting country is satisfied that the specimen was acquired before the provisions of CITES applied to it and issues a CITES document to that effect. (b) U.S. and foreign general provisions. The following general provisions apply to the issuance and acceptance of pre-Convention documents: (1) Trade in a specimen under the pre-Convention exemption is allowed only if the importing country will accept a pre-Convention certificate. (2) The pre-Convention date is the date the species was first listed under CITES regardless of whether the species has subsequently been transferred from one Appendix to another. (3) For a pre-Convention Appendix-I specimen, no CITES import permit is required. (4) The pre-Convention exemption does not apply to offspring or cell lines of any wildlife or plant born or propagated after the date the species was first listed under CITES. (c) U.S. application form. Complete Form 3-200-23 (wildlife) or Form 3-200-32 (plants) and submit it to the U.S. Management Authority. (d) Criteria. The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign certificates. When applying for a U.S. certificate, you must provide sufficient information for us to find that the specimen meets all of the following criteria: (1) The specimen was removed from the wild or born or propagated in a controlled environment before the date CITES first applied to it, or is a product (including a manufactured item) or derivative made from such specimen. (2) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP (see § 23.23). (3) Live wildlife or plants will be prepared and shipped so as to minimize risk of injury, damage to health, or cruel treatment of the specimen. (4) For the re-export of a pre-Convention specimen previously im… | ||||
| 50:50:9.0.1.1.6.3.1.15 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.46 What are the requirements for registering a commercial breeding operation for Appendix-I wildlife and commercially exporting specimens? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014] | (a) Purpose. Article VII(4) of the Treaty provides that Appendix-I specimens that are bred in captivity for commercial purposes shall be deemed to be listed in Appendix II. This means that an Appendix-I specimen originating from a commercial breeding operation that is registered with the CITES Secretariat may be traded under an export permit or re-export certificate based on Appendix-II criteria. The specimen is still listed in Appendix I and is not eligible for any exemption granted to an Appendix-II species or taxon, including any exemption granted by an annotation (see § 23.92). (b) U.S. and foreign general provisions. The following provisions apply to the registration of U.S. and foreign commercial breeding operations for Appendix-I wildlife: (1) If the Management Authority is satisfied that the operation in its country meets the conditions for registration in paragraph (d) of this section, it will send the request to register a breeding operation to the Secretariat. (2) The Secretariat will verify that the application is complete and notify the Parties of the request. (3) If any Party objects to or expresses concern about the registration within 90 days from the date of the Secretariat's notification, the Secretariat will refer the application to the Animals Committee. The Committee has 60 days to respond to objections. The Secretariat will provide the recommendations of the Committee to the Management Authority of the Party that submitted the application and the Party that objected to the registration, and will allow a further 30 days for resolution of the identified problems. (4) If the objection is not withdrawn or the identified problems are not resolved within the 30-day period, the Secretariat will submit the application to the Standing Committee at its next regular meeting. The Standing Committee will determine whether the objection is justified and decide whether to accept the application. (5) When the Secretariat is satisfied that the operation meets the registration requirements, it will … | |||
| 50:50:9.0.1.1.6.3.1.16 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.47 What are the requirements for export of an Appendix-I plant artificially propagated for commercial purposes? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014] | (a) Purpose. Article VII(4) of the Treaty provides that Appendix-I plants artificially propagated for commercial purposes shall be deemed to be listed in Appendix II. This means that an Appendix-I specimen originating from a commercial nursery that is registered with the CITES Secretariat or that meets the requirements of this section may be traded under an export permit or re-export certificate based on Appendix-II criteria. The specimen is still listed in Appendix I and is not eligible for any exemption granted to an Appendix-II species or taxon, including any exemption granted by an annotation. This section does not apply to hybrids of one or more Appendix-I species or taxa that are not annotated to treat hybrids as Appendix-I specimens (see § 23.40). (b) U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of export permits for Appendix-I specimens artificially propagated for commercial purposes: (1) An Appendix-I specimen may not be imported for purposes of establishing or augmenting a nursery or commercial propagating operation, unless the specimen is pre-Convention (see § 23.45) or was propagated at a nursery that is registered with the CITES Secretariat or a commercial propagating operation that qualifies under paragraph (d) of this section, and the CITES document indicates the source code as “D.” (2) An export permit may be issued to a CITES-registered nursery, to a commercial propagating operation that qualifies under paragraph (d) of this section, or to persons who have acquired a specimen that originated at such a nursery or operation. No CITES import permit is required for a qualifying specimen. (3) The export permit, and any subsequent re-export certificate, must show the specimen as listed in Appendix I and the source code as “D,” and if from a nursery registered with the Secretariat, give the identification number of the registered nursery where the specimen originated. (c) U.S. application form. Complete Form 3-200-33 or Form 3-200-74 (for … | |||
| 50:50:9.0.1.1.6.3.1.17 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.48 What are the requirements for a registered scientific institution? | FWS | (a) Purpose. Article VII(6) of the Treaty grants an exemption that allows international trade in certain specimens for noncommercial loan, donation, or exchange between registered scientific institutions. (b) U.S. and foreign general provisions. The following provisions apply to the registration of scientific institutions and acceptance of shipments from registered scientific institutions: (1) The receiving and sending scientific institutions must be registered with the Management Authority in their country. Scientists who wish to use this exemption must be affiliated with a registered scientific institution. (i) When a Management Authority is satisfied that a scientific institution has met the criteria for registration, it will assign the institution a five-character code consisting of the ISO country code and a unique three-digit number. In the case of a non-Party, the Secretariat will ensure that the institution meets the standards and assign it a unique code. (ii) The Management Authority must communicate the name, address, and assigned code to the Secretariat, which maintains a register of scientific institutions and provides that information to all Parties. (2) A registered scientific institution does not need separate CITES documents for the noncommercial loan, donation, or exchange of preserved, frozen, dried, or embedded museum specimens, herbarium specimens, or live plant material with another registered institution. The shipment must have an external label that contains information specified in paragraph (e)(5) of this section. (c) U.S. application to register as a scientific institution. To register, complete Form 3-200-39 and submit it to the U.S. Management Authority. (d) Criteria. The criteria in this paragraph (d) apply to the registration of U.S. and foreign institutions for scientific exchange. To be issued a certificate of scientific exchange as a registered U.S. scientific institution, you must provide sufficient information for us to find that your institution meets all of the … | ||||
| 50:50:9.0.1.1.6.3.1.18 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.49 What are the requirements for an exhibition traveling internationally? | FWS | (a) Purpose. Article VII(7) of the Treaty grants an exemption for specimens that qualify as bred in captivity, artificially propagated, or pre-Convention and are part of a traveling exhibition. (b) U.S. and foreign general provisions. The following general provisions apply to the issuance and acceptance of a certificate for live wildlife and plants, or their parts, products, or derivatives in an exhibition that travels internationally: (1) The Management Authority in the country of the exhibitor's primary place of business must have determined that the specimens are bred in captivity, artificially propagated, or pre-Convention and issued a traveling-exhibition certificate. (2) The certificate must indicate that the wildlife or plant is part of a traveling exhibition. (3) A separate certificate must be issued for each live wildlife specimen; a CITES document may be issued for more than one specimen for a traveling exhibition of live plants and dead parts, products, or derivatives of wildlife and plants. (4) The certificate is not transferable. (5) Parties should treat the certificate like a passport for import and export or re-export from each country, and should not collect the original certificate at the border. (6) Parties should check specimens closely to determine that each specimen matches the certificate and ensure that each live specimen is being transported and cared for in a manner that minimizes the risk of injury, damage to health, or cruel treatment of the specimen. (7) If offspring are born or a new specimen is acquired while the traveling exhibition is in another country, the exhibitor must obtain the appropriate CITES document for the export or re-export of the specimen from the Management Authority of that country. (8) Upon returning home, the exhibitor may apply for a traveling-exhibition certificate for wildlife born overseas or for wildlife or plants acquired overseas. (c) U.S. application form. Complete Form 3-200-30 for wildlife and Form 3-200-32 for plants, and submit it to t… | ||||
| 50:50:9.0.1.1.6.3.1.19 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.50 What are the requirements for a sample collection covered by an ATA carnet? | FWS | (a) Purpose. Article VII(1) of the Treaty allows for the transit of specimens through or within a Party country while the specimens remain under customs control. (b) Definition. For purposes of this section, sample collection means a set of legally acquired parts, products, or derivatives of Appendix-II or -III species, or Appendix-I species bred in captivity or artificially propagated for commercial purposes, that will: (1) Cross international borders only for temporary exhibition or display purposes and return to the originating country. (2) Be accompanied by a valid ATA carnet and remain under customs control. (3) Not be sold or otherwise transferred while traveling internationally. (c) U.S. and foreign general provisions. The following general provisions apply to the issuance and acceptance of a CITES document for the movement of sample collections: (1) The Management Authority in the country where the sample collection originated must issue a CITES document that: (i) Clearly specifies that the document was issued for a “sample collection.” (ii) Includes the condition in block 5, or an equivalent place, of the document that it is valid only if the shipment is accompanied by a valid ATA carnet and that the specimens must not be sold, donated, or otherwise transferred while outside the originating country. (2) The number of the accompanying ATA carnet must be recorded on the CITES document, and if this number is not recorded by the Management Authority, it must be entered by a customs or other CITES enforcement official responsible for the original endorsement of the CITES document. (3) The name and address of the exporter or re-exporter and importer must be identical, and the names of the countries to be visited must be indicated in block 5 or an equivalent place. (4) The date of validity must not be later than that of the ATA carnet and the period of validity must not exceed 6 months from the date of issuance. (5) At each border crossing, Parties must verify the presence of the CITES docum… | ||||
| 50:50:9.0.1.1.6.3.1.2 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.33 How is the decision made to issue or deny a request for a U.S. CITES document? | FWS | (a) Upon receiving a complete application, we will decide whether to issue a CITES document by considering: (1) The general criteria in § 13.21(b) of this subchapter and, if the species is protected under a separate law or treaty, criteria in any other applicable parts. (2) The CITES issuance criteria provided in this subpart (see subpart D of this part for factors we consider in making certain findings). (b) As needed, the U.S. Management Authority, including FWS Law Enforcement, will forward a copy of the application to the U.S. Scientific Authority; State, tribal, or other Federal government agencies; or other applicable experts. We may also query the Secretariat and foreign Management and Scientific Authorities for information to use in making the required findings. (c) You must provide sufficient information to satisfy us that all criteria specific to the proposed activity are met before we can issue a CITES document. (d) We will base our decision on whether to issue or deny the application on the best available information. | ||||
| 50:50:9.0.1.1.6.3.1.20 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.51 What are the requirements for issuing a partially completed CITES document? | FWS | (a) Purpose. Under Article VIII(3), Parties are to ensure that CITES specimens are traded with a minimum of delay. (b) U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of partially completed CITES documents. (1) A Management Authority may issue partially completed CITES documents only when: (i) The permitted trade will have a negligible impact or no impact on the conservation of the species. (ii) All provisions of CITES have been met. (iii) The specimens are one of the following: (A) Biological samples. (B) Pre-Convention specimens. (C) Specimens that qualify as bred in captivity or artificially propagated. (D) Appendix-I specimens from registered commercial breeding operations. (E) Appendix-I plants artificially propagated for commercial purposes. (F) Other specimens that the Management Authority determines qualify for partially completed documents. (2) A Management Authority may register applicants for species that may be traded under partially completed documents. (3) Partially completed CITES documents require the permit holder to: (i) Enter specific information on the CITES document or its annex as conditioned on the face of the CITES document. (ii) Enter scientific names on the CITES document only if the Management Authority included an inventory of approved species on the face of the CITES document or an attached annex. (iii) Sign the CITES document, which acts as a certification that the information entered is true and accurate. (4) CITES documents issued for biological samples may be validated at the time of issuance provided that upon export the container is labeled with the CITES document number and indicates it contains CITES biological samples. (c) U.S. application form. Complete the appropriate form for the proposed activity (see §§ 23.18 through 23.20) and submit it to the U.S. Management Authority. (d) Criteria. The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign CITES documents. Wh… | ||||
| 50:50:9.0.1.1.6.3.1.21 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.52 What are the requirements for replacing a lost, damaged, stolen, or accidentally destroyed CITES document? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014] | (a) Purpose. A Management Authority may issue a duplicate document, either a copy of the original or a re-issued original, when a CITES document has been lost, damaged, stolen, or accidentally destroyed. These provisions do not apply to a document that has expired or that requires amendment. To renew a U.S. CITES document, see part 13 of this subchapter. To amend a U.S. CITES document, see part 13 of this subchapter if the activity has not yet occurred or, if the activity has already occurred, see § 23.53 of this part. (b) U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of a replacement CITES document: (1) The permittee must notify the issuing Management Authority that the document was lost, damaged, stolen, or accidentally destroyed. (2) The issuing Management Authority must be satisfied that the CITES document was lost, damaged, stolen, or accidentally destroyed. (3) The issuing Management Authority should immediately inform the Management Authority in the country of destination and, for commercial shipments, the Secretariat. (4) If the replacement CITES document is a copy, it must indicate that it is a “replacement” and a “true copy of the original,” contain a new dated original signature of a person authorized to sign CITES documents for the issuing Management Authority, and give the reason for replacement. (5) If the replacement CITES document is a newly issued original document, it must indicate that it is a “replacement,” include the number and date of issuance of the document being replaced, and give the reason for replacement. (6) In the United States, you may not use an original single-use CITES document issued under a CITES master file or CITES annual program as a replacement document for a shipment that has already left the country. (c) U.S. application procedures. To apply for a replacement CITES document, you must do all of the following: (1) Complete application Form 3-200-66 and submit it to the U.S. Management Authority. (2) Consu… | |||
| 50:50:9.0.1.1.6.3.1.22 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.53 What are the requirements for obtaining a retrospective CITES document? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014] | (a) Retrospective CITES documents may be issued and accepted in certain limited situations after an export or re-export has occurred, but before the shipment is cleared for import. When specific conditions are met, a retrospective CITES document may be issued to authorize trade that has taken place without a CITES document or to correct certain technical errors in a CITES document after the authorized activity has occurred. (b) U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of a retrospective CITES document: (1) A retrospective document may not be issued for Appendix-I specimens except for certain specimens for personal use as specified in paragraph (d)(7) of this section. (2) The exporter or re-exporter must notify the Management Authority in the exporting or re-exporting country of the irregularities that have occurred. (3) A retrospective document may be one of the following: (i) An amended CITES document where it can be shown that the issuing Management Authority made a technical error that was not prompted by the applicant. (ii) A newly issued CITES document where it can be shown that the applicant was misinformed by CITES officials or the circumstances in (d)(7) of this section apply and a shipment has occurred without a document. (4) Retrospective documents can only be issued after consultation between the Management Authorities in both the exporting or re-exporting country and the importing country, including a thorough investigation of circumstances and agreement between them that criteria in paragraph (d) of this section have been met. (5) The issuing Management Authority must provide all of the following information on any retrospective CITES document: (i) A statement that it was issued retrospectively. (ii) A statement specifying the reason for the issuance. (iii) In the case of a document issued for personal use, a condition restricting sale of the specimen within 6 months following the import of the specimen. (6) The issuing Managemen… | |||
| 50:50:9.0.1.1.6.3.1.23 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.54 How long is a U.S. or foreign CITES document valid? | FWS | (a) Purpose. Article VI(2) of the Treaty sets the time period within which an export permit is valid. Validity periods for other CITES documents are prescribed in this section. (b) Period of validity. CITES documents are valid only if presented for import or introduction from the sea within the period of validity (before midnight on the expiration date) noted on the face of the document. (1) An export permit and re-export certificate will be valid for no longer than 6 months from the issuance date. (2) An import permit, introduction-from-the-sea certificate, and certificate of origin will be valid for no longer than 12 months from the issuance date. (3) A traveling-exhibition certificate and certificate of ownership will be valid for no longer than 3 years from the issuance date. (4) Other CITES documents will state the period of their validity, but no U.S. CITES document will be valid for longer than 3 years from the issuance date. (c) Extension of validity. The validity of a CITES document may not be extended beyond the expiration date on the face of the document, except under limited circumstances for certain timber species as outlined in § 23.73. | ||||
| 50:50:9.0.1.1.6.3.1.24 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.55 How may I use a CITES specimen after import into the United States? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014] | In addition to the provisions in § 23.3, you may only use CITES specimens after import into the United States for the following purposes: | |||
| 50:50:9.0.1.1.6.3.1.25 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.56 What U.S. CITES document conditions do I need to follow? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014; 87 FR 10080, Feb. 23, 2022] | (a) General conditions. The following general conditions apply to all U.S. CITES documents: (1) You must comply with the provisions of part 13 of this subchapter as conditions of the document, as well as other applicable regulations in this subchapter, including, but not limited to, any that require permits. You must comply with all applicable local, State, Federal, tribal, and foreign wildlife or plant conservation laws. (2) For export and re-export of live wildlife and plants, transport conditions must comply with the International Air Transport Association Live Animals Regulations (for animals) (incorporated by reference, see § 23.9) or the International Air Transport Association Perishable Cargo Regulations (for plants) (incorporated by reference, see § 23.9) or, in the case of non-air transport of species that may require transport conditions in addition to or different from the Live Animals Regulations or the Perishable Cargo Regulations, the CITES Guidelines for the non-air transport of live wild animals and plants (incorporated by reference, see § 23.9). (3) You must return the original CITES document to the issuing office if you do not use it, it expires, or you request renewal or amendment. (4) When appropriate, a Management Authority may require that you identify Appendix-II and -III wildlife or plants with a mark. All live Appendix-I wildlife must be securely marked or uniquely identified. Such mark or identification must be made in a way that the border official can verify that the specimen and CITES document correspond. If a microchip is used, we may, if necessary, ask the importer, exporter, or re-exporter to have equipment on hand to read the microchip at the time of import, export, or re-export. (b) Standard conditions. You must comply with the standard conditions provided in this part for specific types of CITES documents. (c) Special conditions. We may place special conditions on a CITES document based on the needs of the species or the proposed activity. You must comply w… | |||
| 50:50:9.0.1.1.6.3.1.3 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.34 What kinds of records may I use to show the origin of a specimen when I apply for a U.S. CITES document? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30424, May 27, 2014] | (a) When you apply for a U.S. CITES document, you will be asked to provide information on the origin of the specimen that will be covered by the CITES document. (1) You need to provide sufficient information for us to determine if the issuance criteria in this part are met (see the sections in this subpart for each type of CITES document). (2) We require less detailed information when the import, introduction from the sea, export, or re-export poses a low risk to a species in the wild and more detailed information when the proposed activity poses greater risk to a species in the wild (see Subpart D of this part for factors we consider in making certain findings). (b) Information you may want to provide in a permit application includes, but is not limited to, the following: 1 If the wildlife was born in captivity from an egg collected in the wild or from parents that mated or exchanged genetic material in the wild, see paragraphs (b)(6) and (b)(9) of this section. If the plant was propagated from a non-exempt propagule collected from a wild plant, see paragraph (b)(9) of this section. (c) If you intend to engage in international trade with a CITES specimen in the future, you should keep sufficient records to establish your eligibility for a CITES document for as long as you possess the specimen, and if you sell, donate, or transfer ownership of the specimen, you should provide such records on the origin of the specimen to the new owner. | |||
| 50:50:9.0.1.1.6.3.1.4 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.35 What are the requirements for an import permit? | FWS | (a) Purpose. Article III(3) of the Treaty sets out the conditions under which a Management Authority can issue an import permit. (b) U.S. application forms. Complete the appropriate form for the proposed activity and submit it to the U.S. Management Authority: (c) Criteria. The criteria in this paragraph (c) apply to the issuance and acceptance of U.S. and foreign import permits. When applying for a U.S. import permit, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria: (d) U.S. standard conditions. You must meet all of the provisions on use after import in § 23.55 and the standard conditions in § 23.56. (e) Prior issuance of an import permit. For Appendix-I specimens, the Management Authority of the exporting country may: (1) Issue an export permit for live or dead specimens or a re-export certificate for live specimens only after the Management Authority of the importing country has either issued an import permit or confirmed in writing that an import permit will be issued. (2) Accept oral confirmation from the Management Authority of the importing country that an import permit will be issued in an emergency situation where the life or health of the specimen is threatened and no means of written communication is possible. (3) Issue a re-export certificate for a dead specimen without confirmation that the import permit has been issued. | ||||
| 50:50:9.0.1.1.6.3.1.5 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.36 What are the requirements for an export permit? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30424, May 27, 2014] | (a) Purposes. Articles III, IV, and V of the Treaty set out the conditions under which a Management Authority may issue an export permit for an Appendix-I, -II, or -III specimen. Article XIV sets out the conditions under which a Management Authority may issue a document for export of certain Appendix-II marine specimens protected under a pre-existing treaty, convention, or international agreement. (b) U.S. application forms. Complete the appropriate form for the proposed activity and submit it to the U.S. Management Authority. Form 3-200-26 may also be submitted to FWS Law Enforcement at certain ports or regional offices: (c) Criteria. The criteria in this paragraph (c) apply to the issuance and acceptance of U.S. and foreign export permits except as provided for certain marine specimens in paragraph (d) of this section. When applying for a U.S. permit or certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria: (d) Export of certain exempt marine specimens. Article XIV(4) and (5) of the Treaty provide a limited exemption for Appendix-II marine species that are protected under another treaty, convention, or international agreement that was in force at the time CITES entered into force. When all of the following conditions are met, export of exempt Appendix-II marine wildlife or plants requires only that the shipment is accompanied by a document issued by the Management Authority of the exporting country indicating that the specimens were taken in accordance with the provisions of the other international treaty, convention, or agreement: (1) The exporting country is a CITES Party and is a party to an international treaty, convention, or agreement that affords protection to the species and was in force on July 1, 1975. (2) The ship that harvested the specimen is registered in the exporting country. (3) The specimen was taken within waters under the jurisdiction of the exporting country or in the marine environment not under the… | |||
| 50:50:9.0.1.1.6.3.1.6 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.37 What are the requirements for a re-export certificate? | FWS | (a) Purposes. Articles III, IV, and V of the Treaty set out the conditions under which a Management Authority may issue a re-export certificate for an Appendix-I, -II, or -III specimen. (b) U.S. application forms. Complete the appropriate form for the proposed activity and submit it to the U.S. Management Authority. Form 3-200-73 may also be submitted to Law Enforcement at certain ports or regional offices: (c) Criteria. The criteria in this paragraph (c) apply to the issuance and acceptance of U.S. and foreign re-export certificates. When applying for a U.S. certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria: | ||||
| 50:50:9.0.1.1.6.3.1.7 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.38 What are the requirements for a certificate of origin? | FWS | (a) Purpose. Article V(3) of the Treaty requires that a shipment of Appendix-III specimens be accompanied by a certificate of origin when the shipment is not from a country that listed the species in Appendix III and is not a re-export. (b) U.S. application forms. For a certificate of origin, complete one of the following forms and submit it to the U.S. Management Authority: (1) Form 3-200-27 for wildlife removed from the wild. (2) Form 3-200-24 for captive-born wildlife. (3) Form 3-200-32 for plants. (c) Criteria. The criteria in this paragraph (c) apply to the issuance and acceptance of U.S. and foreign certificates of origin. When applying for a U.S. certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria: (1) The specimen originated in the country of export, which is not a country that listed the species in Appendix III. In the case of a listing that is annotated to cover only a certain population, no CITES document is required if the listed population does not occur in the country of export. For U.S. applicants, the country of origin must be the United States. (2) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP (see § 23.23). (3) Live wildlife or plants will be prepared and shipped so as to minimize risk of injury, damage to health, or cruel treatment of the specimen (see § 23.23). | ||||
| 50:50:9.0.1.1.6.3.1.8 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.39 What are the requirements for an introduction-from-the-sea certificate? | FWS | (a) Purpose. Articles III(5), IV(6), and IV(7) of the Treaty set out the conditions under which a Management Authority may issue an introduction-from-the-sea certificate. (b) U.S. application form. Complete Form 3-200-31 and submit it to the U.S. Management Authority. (c) Criteria. The criteria in this paragraph (c) apply to the issuance and acceptance of U.S. certificates. You must provide sufficient information for us to find that your proposed activity meets all of the following criteria: (d) Exemption. As allowed under Article XIV(4) and (5) of the Treaty, you may directly introduce into the United States any Appendix-II wildlife or plant taken in the marine environment that is not under the jurisdiction of any country without a CITES document when all of the following conditions are met: (1) The United States is a party to an international treaty, convention, or agreement that affords protection to the species and was in force on July 1, 1975. (2) The ship that harvested the specimen is registered in the United States. (3) The specimen was taken in accordance with the other international treaty, convention, or agreement, including any quotas. (4) The shipment is accompanied by any official document required under the other international treaty, convention, or agreement or otherwise required by U.S. law. (e) Export of exempt specimens. To export a specimen exempted under paragraph (d) of this section, you must obtain a CITES document from the U.S. Management Authority that indicates the specimen was taken in accordance with the provisions of the other international treaty, convention, or agreement that was in force on July 1, 1975. See requirements in § 23.36 (e) through (g). (f) Appendix III. Appendix-III species introduced from the sea do not require introduction-from-the-sea certificates. However, the subsequent international trade of an Appendix-III specimen introduced from the sea would be considered an export requiring a CITES document (see § 23.20(f)). | ||||
| 50:50:9.0.1.1.6.3.1.9 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | C | Subpart C—Application Procedures, Criteria, and Conditions | § 23.40 What are the requirements for a certificate for artificially propagated plants? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014] | (a) Purpose. Article VII(5) of the Treaty grants an exemption to plants that are artificially propagated when a Management Authority issues a certificate. (b) U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of a certificate for artificially propagated Appendix-I, -II, or -III plants: (1) The certificate for artificially propagated plants and any subsequent re-export certificate must show the source code as “A” for artificially propagated. (2) For an Appendix-I specimen that satisfies the requirements of this section, no CITES import permit is required. (c) U.S. application form. Complete Form 3-200-33 and submit it to the U.S. Management Authority. (d) Criteria. The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign certificates. When applying for a U.S. certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria: (e) U.S. standard conditions. In addition to the conditions in § 23.56, you must meet all of the following conditions: (1) You may not export or re-export a plant (including its parts, products, or derivatives) under this certificate if the plant was removed from the wild or grown directly from a wild seed or spore, except for plants grown from exempt plant materials that qualify as artificially propagated. (2) You may not export an Appendix-I species that was propagated for commercial purposes under this certificate, except for hybrids of one or more Appendix-I species or taxa that are not annotated to treat hybrids as Appendix-I specimens. (See § 23.47.) (3) You may export a native plant under this certificate only when specifically approved for export and listed on the certificate, inventory sheet, or an approved species list. (4) You may export a specimen under a higher-taxon name only if you identified the taxon in your application and we approved it on this certificate. | |||
| 50:50:9.0.1.1.6.4.1.1 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | D | Subpart D—Factors Considered in Making Certain Findings | § 23.60 What factors are considered in making a legal acquisition finding? | FWS | (a) Purpose. Articles III, IV, and V of the Treaty require a Management Authority to make a legal acquisition finding before issuing export permits and re-export certificates. The Parties have agreed that a legal acquisition finding must also be made before issuing certain CITES exemption documents. (b) Types of legal acquisition. Legal acquisition refers to whether the specimen and its parental stock were: (1) Obtained in accordance with the provisions of national laws for the protection of wildlife and plants. In the United States, these laws include all applicable local, State, Federal, tribal, and foreign laws; and (2) If previously traded, traded internationally in accordance with the provisions of CITES. (c) How we make our findings. We make a finding that a specimen was legally acquired in the following way: (1) The applicant must provide sufficient information (see § 23.34) for us to make a legal acquisition finding. (2) We make this finding after considering all available information. (3) The amount of information we need to make the finding is based on our review of general factors described in paragraph (d) of this section and additional specific factors described in paragraphs (e) through (k) of this section. (4) As necessary, we consult with foreign Management and Scientific Authorities, the CITES Secretariat, State conservation agencies, Tribes, FWS Law Enforcement, APHIS or CBP, and other appropriate experts. (d) Risk assessment. We review the general factors listed in this paragraph and additional specific factors in paragraphs (e) through (k) of this section to assess the level of scrutiny and amount of information we need to make a finding of legal acquisition. We give less scrutiny and require less-detailed information when there is a low risk that specimens to be exported or re-exported were not legally acquired, and give more scrutiny and require more detailed information when the proposed activity poses greater risk. We consider the cumulative risks, recognizing that each as… | ||||
| 50:50:9.0.1.1.6.4.1.2 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | D | Subpart D—Factors Considered in Making Certain Findings | § 23.61 What factors are considered in making a non-detriment finding? | FWS | (a) Purpose. Articles III and IV of the Treaty require that, before we issue a CITES document, we find that a proposed export or introduction from the sea of Appendix-I or -II specimens is not detrimental to the survival of the species and that a proposed import of an Appendix-I specimen is for purposes that would not be detrimental to the survival of the species. (b) Types of detriment. Detrimental activities, depending on the species, could include, among other things, unsustainable use and any activities that would pose a net harm to the status of the species in the wild. For Appendix-I species, it also includes use or removal from the wild that results in habitat loss or destruction, interference with recovery efforts for a species, or stimulation of further trade. (c) General factors. The applicant must provide sufficient information for us to make a finding of non-detriment. In addition to factors in paragraphs (d) and (e) of this section, we will consider whether: (1) Biological and management information demonstrates that the proposed activity represents sustainable use. (2) The removal of the animal or plant from the wild is part of a biologically based sustainable-use management plan that is designed to eliminate over-utilization of the species. (3) If no sustainable-use management plan has been established, the removal of the animal or plant from the wild would not contribute to the over-utilization of the species, considering both domestic and international uses. (4) The proposed activity, including the methods used to acquire the specimen, would pose no net harm to the status of the species in the wild. (5) The proposed activity would not lead to long-term declines that would place the viability of the affected population in question. (6) The proposed activity would not lead to significant habitat or range loss or restriction. (d) Additional factor for Appendix-II species. In addition to the general factors in paragraph (c) of this section, we will consider whether the intended expor… | ||||
| 50:50:9.0.1.1.6.4.1.3 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | D | Subpart D—Factors Considered in Making Certain Findings | § 23.62 What factors are considered in making a finding of not for primarily commercial purposes? | FWS | (a) Purpose. Under Article III(3(c)) and (5(c)) of the Treaty, an import permit or an introduction-from-the-sea certificate for Appendix-I species can be issued only if the Management Authority is satisfied that the specimen is not to be used for primarily commercial purposes. Trade in Appendix-I species must be subject to particularly strict regulation and authorized only in exceptional circumstances. (b) How we make our findings. We must find that the intended use of the Appendix-I specimen is not for primarily commercial purposes before we can issue a CITES document. (1) We will make this decision on a case-by-case basis considering all available information. (2) The applicant must provide sufficient information to satisfy us that the intended use is not for primarily commercial purposes. (3) The definitions of “commercial” and “primarily commercial purposes” in § 23.5 apply. (4) We will look at all aspects of the intended use of the specimen. If the noncommercial aspects do not clearly predominate, we will consider the import or introduction from the sea to be for primarily commercial purposes. (5) While the nature of the transaction between the owner in the country of export and the recipient in the country of import or introduction from the sea may have some commercial aspects, such as the exchange of money to cover the costs of shipment and care of specimens during transport, it is the intended use of the specimen, including the purpose of the export, that must not be for primarily commercial purposes. (6) We will conduct an assessment of factors listed in paragraph (d) of this section. For activities involving an anticipated measurable increase in revenue and other economic value associated with the intended use, we will conduct an analysis as described in paragraph (e) of this section. (7) All net profits generated in the United States from activities associated with the import of an Appendix-I species must be used for conservation of that species. (c) Examples. The following are examples … | ||||
| 50:50:9.0.1.1.6.4.1.4 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | D | Subpart D—Factors Considered in Making Certain Findings | § 23.63 What factors are considered in making a finding that an animal is bred in captivity? | FWS | (a) Purpose. Article VII(4) and (5) of the Treaty provide exemptions that allow for the special treatment of wildlife that was bred in captivity (see §§ 23.41 and 23.46). (b) Definitions. The following terms apply when determining whether specimens qualify as “bred in captivity”: (1) A controlled environment means one that is actively manipulated for the purpose of producing specimens of a particular species; that has boundaries designed to prevent specimens, including eggs or gametes, from entering or leaving the controlled environment; and has general characteristics that may include artificial housing, waste removal, provision of veterinary care, protection from predators, and artificially supplied food. (2) Breeding stock means an ensemble of captive wildlife used for reproduction. (c) Bred-in-captivity criteria. For a specimen to qualify as bred in captivity, we must be satisfied that all the following criteria are met: (1) If reproduction is sexual, the specimen was born to parents that either mated or transferred gametes in a controlled environment. (2) If reproduction is asexual, the parent was in a controlled environment when development of the offspring began. (3) The breeding stock meets all of the following criteria: (i) Was established in accordance with the provisions of CITES and relevant national laws. (ii) Was established in a manner not detrimental to the survival of the species in the wild. (iii) Is maintained with only occasional introduction of wild specimens as provided in paragraph (d) of this section. (iv) Has consistently produced offspring of second or subsequent generations in a controlled environment, or is managed in a way that has been demonstrated to be capable of reliably producing second-generation offspring and has produced first-generation offspring. (d) Addition of wild specimens. A very limited number of wild specimens (including eggs or gametes) may be introduced into a breeding stock if all of the following conditions are met (for Appendix-I specimens… | ||||
| 50:50:9.0.1.1.6.4.1.5 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | D | Subpart D—Factors Considered in Making Certain Findings | § 23.64 What factors are considered in making a finding that a plant is artificially propagated? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014] | (a) Purpose. Article VII(4) and (5) of the Treaty provide exemptions that allow for special treatment of plants that were artificially propagated (see §§ 23.40 and 23.47). (b) Definition s. The following terms apply when determining whether specimens qualify as “artificially propagated”: (1) Controlled conditions means a nonnatural environment that is intensively manipulated by human intervention for the purpose of plant production. General characteristics of controlled conditions may include, but are not limited to, tillage, fertilization, weed and pest control, irrigation, or nursery operations such as potting, bedding, or protection from weather. (2) Cultivated parental stock means the ensemble of plants grown under controlled conditions that are used for reproduction. (c) Artificially propagated criteria. Except as provided in paragraphs (f) and (g) of this section, for a plant specimen to qualify as artificially propagated, we must be satisfied that the plant specimen was grown under controlled conditions from a seed, cutting, division, callus tissue, other plant tissue, spore, or other propagule that either is exempt from the provisions of CITES or has been derived from cultivated parental stock. The cultivated parental stock must meet all of the following criteria: (1) Was established in accordance with the provisions of CITES and relevant national laws. (2) Was established in a manner not detrimental to the survival of the species in the wild. (3) Is maintained in sufficient quantities for propagation so as to minimize or eliminate the need for augmentation from the wild, with such augmentation occurring only as an exception and limited to the amount necessary to maintain the vigor and productivity of the cultivated parental stock. (d) Cutting or division. A plant grown from a cutting or division is considered to be artificially propagated only if the traded specimen does not contain any material collected from the wild. (e) Grafted plant. A grafted plant is artificially propagated o… | |||
| 50:50:9.0.1.1.6.4.1.6 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | D | Subpart D—Factors Considered in Making Certain Findings | § 23.65 What factors are considered in making a finding that an applicant is suitably equipped to house and care for a live specimen? | FWS | (a) Purpose. Under Article III(3)(b) and (5)(b) of the Treaty, an import permit or introduction-from-the-sea certificate for live Appendix-I specimens can be issued only if we are satisfied that the recipients are suitably equipped to house and care for them. (b) General principles. We will follow these general principles in making a decision on whether an applicant has facilities that would provide proper housing to maintain the specimens for the intended purpose and the expertise to provide proper care and husbandry or horticultural practices. (1) All persons who would be receiving a specimen must be identified in an application and their facilities approved by us, including persons who are likely to receive a specimen within 1 year after it arrives in the United States. (2) The applicant must provide sufficient information for us to make a finding, including, but not limited to, a description of the facility, photographs, or construction plans, and resumes of the recipient or staff who will care for the specimen. (3) We use the best available information on the requirements of the species in making a decision and will consult with experts and other Federal and State agencies, as necessary and appropriate. (4) The degree of scrutiny that we give an application is based on the biological and husbandry or horticultural needs of the species. (c) Specific factors considered for wildlife. In addition to the general provisions in paragraph (e) of this section, we consider the following factors in evaluating suitable housing and care for wildlife: (1) Enclosures constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior patterns. (2) Appropriate forms of environmental enrichment, such as nesting material, perches, climbing apparatus, ground substrate, or other species-specific material… | ||||
| 50:50:9.0.1.1.6.5.1.1 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | E | Subpart E—International Trade in Certain Specimens | § 23.68 How can I trade internationally in roots of American ginseng? | FWS | (a) U.S. and foreign general provisions. Whole plants and roots (whole, sliced, and parts, excluding manufactured parts, products, and derivatives, such as powders, pills, extracts, tonics, teas, and confectionery) of American ginseng ( Panax quinquefolius ), whether wild or artificially propagated, are included in Appendix II. Cultivated American ginseng that does not meet the requirements of artificially propagated will be considered wild for export and re-export purposes. The import, export, or re-export of ginseng roots must meet the requirements of this section and other requirements of this part (see subparts B and C for prohibitions and application procedures). For specimens that were harvested from a State or Tribe without an approved CITES export program, see § 23.36 for export permits and § 23.37 for re-export certificates. (b) Export approval of State and tribal programs. States and Tribes set up and maintain ginseng management and harvest programs designed to monitor and protect American ginseng from over-harvest. When a State or Tribe with a management program provides us with the necessary information, we make programmatic findings and have specific requirements that allow export under CITES. For wild ginseng, a State or Tribe must provide sufficient information for us to determine that its management program and harvest controls are appropriate to ensure that ginseng harvested within its jurisdiction is legally acquired and that export will not be detrimental to the survival of the species in the wild. For artificially propagated ginseng, a State or Tribe must provide sufficient information for us to determine that ginseng grown within its jurisdiction meets the definition of artificially propagated and the State or Tribe must have procedures in place to minimize the risk that the roots of wild-collected plants would be claimed as artificially propagated. (1) A State or Tribe seeking initial CITES export program approval for wild or artificially propagated American ginseng must submit the fol… | ||||
| 50:50:9.0.1.1.6.5.1.2 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | E | Subpart E—International Trade in Certain Specimens | § 23.69 How can I trade internationally in fur skins and fur skin products of bobcat, river otter, Canada lynx, gray wolf, and brown bear harvested in the United States? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014] | (a) U.S. and foreign general provisions. For purposes of this section, CITES furbearers means bobcat ( Lynx rufus ), river otter ( Lontra canadensis ), Canada lynx ( Lynx canadensis ), gray wolf ( Canis lupus ), and brown bear ( Ursus arctos ) harvested in the United States . These species are included in Appendix II based on Article II(2)(b) of the Treaty (see § 23.89). The import, export, or re-export of fur skins and fur skin products must meet the requirements of this section and the other requirements of this part (see subparts B and C for prohibitions and application procedures). For specimens that were harvested from a State or Tribe without an approved CITES export program, see § 23.36 for export permits and § 23.37 for re-export certificates. (b) Export approval of State and tribal programs. States and Tribes set up and maintain management and harvest programs designed to monitor and protect CITES furbearers from over-harvest. When a State or Tribe with a management program provides us with the necessary information, we make programmatic findings and have specific requirements that allow export under CITES. A State or Tribe must provide sufficient information for us to determine that its management program and harvest controls are appropriate to ensure that CITES furbearers harvested within its jurisdiction are legally acquired and that export will not be detrimental to the survival of the species in the wild. (1) A State or Tribe seeking initial CITES export program approval must submit the following information to the U.S. Management Authority, except as provided in paragraph (b)(2) of this section: (i) An assessment of the condition of the population and a description of the types of information on which the assessment is based, such as an analysis of carcass demographics, population models, analysis of past harvest levels as a function of fur prices or trapper effort, or indices of abundance independent of harvest information, such as scent station surveys, archer surveys, camera traps, track … | |||
| 50:50:9.0.1.1.6.5.1.3 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | E | Subpart E—International Trade in Certain Specimens | § 23.70 How can I trade internationally in American alligator and other crocodilian skins, parts, and products? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30427, May 27, 2014] | (a) U.S. and foreign general provisions. For the purposes of this section, crocodilian means all species of alligator, caiman, crocodile, and gavial of the order Crocodylia. The import, export, or re-export of any crocodilian skins, parts, or products must meet the requirements of this section and the other requirements of this part (see subparts B and C for prohibitions and application procedures). For American alligator ( Alligator mississippiensis ) specimens harvested from a State or Tribe without an approved CITES export program, see § 23.36 for export permits and § 23.37 for re-export certificates. (b) Definitions. Terms used in this section are defined as follows: (1) Crocodilian skins means whole or partial skins, flanks, chalecos, and bellies (including those that are salted, crusted, tanned, partially tanned, or otherwise processed), including skins of sport-hunted trophies. (2) Crocodilian parts means body parts with or without skin attached (including tails, throats, feet, meat, skulls, and other parts) and small cut skin pieces. (c) Export approval of State and tribal programs for American alligator. States and Tribes set up and maintain management and harvest programs designed to monitor and protect American alligators from over-harvest. When a State or Tribe with a management program provides us with the necessary information, we make programmatic findings and have specific requirements that allow export under CITES. A State or Tribe must provide sufficient information for us to determine that its management program and harvest controls are appropriate to ensure that alligators harvested within its jurisdiction are legally acquired and that the export will not be detrimental to the survival of the species in the wild. (1) A State or Tribe seeking initial CITES export program approval must submit the following to the U.S. Management Authority: (i) An assessment of the condition of the wild population and a description of the types of information on which the assessment is based, su… | |||
| 50:50:9.0.1.1.6.5.1.4 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | E | Subpart E—International Trade in Certain Specimens | § 23.71 How can I trade internationally in sturgeon caviar? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 73 FR 40986, July 17, 2008; 79 fr 30428, May 27, 2014] | (a) U.S. and foreign provisions. For the purposes of this section, sturgeon caviar or caviar means the processed roe of any species of sturgeon or paddlefish (order Acipenseriformes). It does not include sturgeon or paddlefish eggs contained in shampoos, cosmetics, lotions, or other products for topical application. The import, export, or re-export of sturgeon caviar must meet the requirements of this section and the other requirements of this part. The import, export, or re-export of Acipenseriformes specimens other than caviar must meet the other requirements of this part. See subparts B and C for prohibitions and application procedures. (b) Labeling. You may import, export, or re-export sturgeon caviar only if labels are affixed to containers prior to export or re-export in accordance with this paragraph. (1) The following definitions apply to caviar labeling: (i) Non-reusable label means any label or mark that cannot be removed without being damaged or transferred to another container. In the United States, the design of the label will be determined by the labeler in accordance with the requirements of this section. (ii) Primary container means any container (tin, jar, pail or other receptacle) in direct contact with the caviar. (iii) Secondary container means the receptacle into which primary containers are placed. (iv) Processing plant means a facility in the country of origin responsible for the first packaging of caviar into a primary container. In the United States, this may be done by the person who harvested the roe. (v) Repackaging plant means a facility responsible for receiving and repackaging caviar into new primary containers. This includes any facility where caviar is removed from the container in which it was received and placed in a different container. (vi) Lot identification number means a number that corresponds to information related to the caviar tracking system used by the processing plant or repackaging plant. (2) The caviar-processing plant in the country of… | |||
| 50:50:9.0.1.1.6.5.1.5 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | E | Subpart E—International Trade in Certain Specimens | § 23.72 How can I trade internationally in plants? | FWS | (a) U.S. and foreign general provisions : In addition to the requirements of this section, the import, export, or re-export of CITES plant specimens must meet the other requirements of this part (see subparts B and C for prohibitions and application procedures). (b) Seeds. International shipments of seeds of any species listed in Appendix I, except for seeds of certain artificially propagated hybrids (see § 23.92), or seeds of species listed in Appendix II or III with an annotation that includes seeds, must be accompanied by a valid CITES document. International shipments of CITES seeds that are artificially propagated also must be accompanied by a valid CITES document. (c) A plant propagated from exempt plant material. A plant grown from exempt plant material is regulated by CITES. (1) The proposed shipment of the specimen is treated as an export even if the exempt plant material from which it was derived was previously imported. The country of origin is the country in which the specimen ceased to qualify for the exemption. (2) Plants grown from exempt plant material qualify as artificially propagated provided they are grown under controlled conditions. (3) To export plants grown from exempt plant material under controlled conditions, complete Form 3-200-33 for a certificate for artificially propagated plants. (d) Salvaged plants. (1) For purposes of this section, salvaged plant means a plant taken from the wild as a result of some environmental modification in a country where a Party has done all of the following: (i) Ensured that the environmental modification program does not threaten the survival of CITES plant species, and that protection of Appendix-I species in situ is considered a national and international obligation. (ii) Established salvaged specimens in cultivation after concerted attempts have failed to ensure that the environmental modification program would not put at risk wild populations of CITES species. (2) International trade in salvaged Appendix-I plants, and Appendix-II … | ||||
| 50:50:9.0.1.1.6.5.1.6 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | E | Subpart E—International Trade in Certain Specimens | § 23.73 How can I trade internationally in timber? | FWS | (a) U.S. and foreign general provisions : In addition to the requirements of this section, the import, export, or re-export of timber species listed under CITES must meet the other requirements of this part (see subparts B and C for prohibitions and application procedures). (b) Definitions. The following definitions apply to parts, products, and derivatives that appear in the annotations to certain timber species in the CITES Appendices. These definitions are based on the tariff classifications of the Harmonized System of the World Customs Organization. (1) Logs means all wood in the rough, whether or not stripped of bark or sapwood, or roughly squared for processing, notably into sawn wood, pulpwood, or veneer sheets. (2) Sawn wood means wood simply sawn lengthwise or produced by a profile-chipping process. Sawn wood normally exceeds 6 mm in thickness. (3) Veneer sheets means thin layers or sheets of wood of uniform thickness, usually 6 mm or less, usually peeled or sliced, for use in making plywood, veneer furniture, veneer containers, or similar products. (4) Plywood means wood material consisting of three or more sheets of wood glued and pressed one on the other and generally disposed so that the grains of successive layers are at an angle. (c) The following exceptions apply to Appendix-II or -III timber species that have a substantive annotation that designates either logs, sawn wood, and veneer sheets, or logs, sawn wood, veneer sheets, and plywood: (1) Change in destination. When a shipment of timber destined for one country is redirected to another, the Management Authority in the country of import may change the name and address of the importer indicated on the CITES document under the following conditions: (i) The quantity imported is the same as the quantity certified by a stamp or seal and authorized signature of the Management Authority on the CITES document at the time of export or re-export. (ii) The number of the bill of lading for the shipment is on the CITES document, and t… | ||||
| 50:50:9.0.1.1.6.5.1.7 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | E | Subpart E—International Trade in Certain Specimens | § 23.74 How can I trade internationally in personal sport-hunted trophies? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30428, May 27, 2014] | (a) U.S. and foreign general provisions. Except as provided for personal and household effects in § 23.15, the import, export, or re-export of sport-hunted trophies of species listed under CITES must meet the requirements of this section and the other requirements of this part (see subparts B and C for prohibitions and application procedures). (b) Sport-hunted trophy means a whole dead animal or a readily recognizable part or derivative of an animal specifically identified on accompanying CITES documents that meets the following criteria: (1) Is raw, processed, or manufactured; (2) Was legally obtained by the hunter through hunting for his or her personal use; (3) Is being imported, exported, or re-exported by or on behalf of the hunter as part of the transfer from its country of origin ultimately to the hunter's country of usual residence; and (4) Includes worked, manufactured, or handicraft items made from the sport-hunted animal only when: (i) Such items are contained in the same shipment as raw or tanned parts of the sport-hunted animal and are for the personal use of the hunter; (ii) The quantity of such items is no more than could reasonably be expected given the number of animals taken by the hunter as shown on the license or other documentation of the authorized hunt accompanying the shipment; and (iii) The accompanying CITES documents (export document and, if appropriate, import permit) contain a complete itemization and description of all items included in the shipment. (c) Use after import. You may use your sport-hunted trophy after import into the United States as provided in § 23.55. (d) Quantity. The following provisions apply to the issuance and acceptance of U.S. and foreign documents for sport-hunted trophies originating from a population for which the Conference of the Parties has established an export quota. The number of trophies that one hunter may import in any calendar year for the following species is: (1) No more than two leopard ( Panthera pardus ) trophies. (2) No mo… | |||
| 50:50:9.0.1.1.6.5.1.8 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | E | Subpart E—International Trade in Certain Specimens | § 23.75 How can I trade internationally in vicuña ( | FWS | [79 FR 30428, May 27, 2014] | (a) U.S. and foreign general provisions. The import, export, or re-export of specimens of vicuña must meet the requirements of this section and the other requirements of this part (see subparts B and C of this part for prohibitions and application procedures). Certain populations of vicuña are listed in Appendix II for the exclusive purpose of allowing international trade in wool sheared from live vicuñas, cloth made from such wool, and products manufactured from such wool or cloth. All other specimens of vicuña are deemed to be specimens of a species included in Appendix I. (b) Vicuña Convention means the Convenio para la Conservación y Manejo de la Vicuña, of which vicuña range countries are signatories. (c) Vicuña logotype means the logotype adopted by the vicuña range countries under the Vicuña Convention. (d) Country of origin for the purposes of the vicuña label means the name of the country where the vicuña wool in the cloth or product originated. (e) Wool sheared from live vicuñas, cloth from such wool, and products manufactured from such wool or cloth may be imported from Appendix-II populations only when they meet the labeling requirements in paragraph (f) of this section. (f) Labeling requirements. Except for cloth containing CITES pre-Convention wool of vicuña, you may import, export, or re-export vicuña cloth only when the reverse side of the cloth bears the vicuña logotype and the selvages bear the words “VICUÑA—COUNTRY OF ORIGIN”. Specimens of other products manufactured from vicuña wool or cloth must bear a label that has the vicuña logotype and the designation “VICUÑA—COUNTRY OF ORIGIN—ARTESANIA”. Each specimen must bear such a label. For import into the United States of raw wool sheared from live vicuña, see the labeling requirements in 50 CFR 17.40(m). | |||
| 50:50:9.0.1.1.6.6.1.1 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | F | Subpart F—Disposal of Confiscated Wildlife and Plants | § 23.78 What happens to confiscated wildlife and plants? | FWS | (a) Purpose. Article VIII of the Treaty provides for confiscation or return to the country of export of specimens that are traded in violation of CITES. (b) Disposal options. Part 12 of this subchapter provides the options we have for disposing of forfeited and abandoned live and dead wildlife and plants. These include maintenance in captivity either in the United States or in the country of export, return to the wild under limited circumstances, and sale of certain Appendix-II or -III specimens. Under some conditions, euthanasia or destruction may be necessary. (1) We use a plant rescue center program to dispose of confiscated live plants. Participants in this program may also assist APHIS, CBP, and FWS Law Enforcement in holding seized specimens as evidence pending any legal decisions. (2) We dispose of confiscated live wildlife on a case-by-case basis at the time of seizure and forfeiture, and consider the quantity, protection level, and husbandry needs of the wildlife. (c) Re-export. We may issue a re-export certificate for a CITES specimen that was forfeited or abandoned when the certificate indicates the specimen was confiscated and when the re-export meets one of the following purposes: (1) For any CITES species, the return of a live specimen to the Management Authority of the country of export, placement of a live specimen in a rescue center, or use of the specimen for law enforcement, judicial, or forensic purposes. (2) For an Appendix-II or -III species, the disposal of the specimen in an appropriate manner that benefits enforcement and administration of the Convention. (d) Consultation process. FWS and APHIS may consult with the Management Authority in the country of export or re-export and other relevant governmental and nongovernmental experts before making a decision on the disposal of confiscated live specimens that have been forfeited or abandoned to the FWS, APHIS, or CBP. | ||||
| 50:50:9.0.1.1.6.6.1.2 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | F | Subpart F—Disposal of Confiscated Wildlife and Plants | § 23.79 How may I participate in the Plant Rescue Center Program? | FWS | (a) Purpose. We have established the Plant Rescue Center Program to place confiscated live plants quickly to prevent physical damage to the plants. (b) Criteria. Institutions interested in participating in this program must be: (1) Nonprofit, open to the public, and have the expertise and facilities to care for confiscated exotic plant specimens. A participating institution may be a botanical garden, arboretum, zoological park, research institution, or other qualifying institution. (2) Willing to transfer confiscated plants from the port where they were confiscated to their facilities at their own expense. (3) Willing to return the plants to the U.S. Government if the country of export has requested their return. The U.S. Government will then coordinate the plants' return to the country of export. (4) Willing to accept and maintain a plant shipment as a unit until it has received authorization from us to incorporate the shipment into its permanent collection or transfer a portion of it to another participating institution. (c) Participation. Institutions wishing to participate in the Plant Rescue Center Program should contact the U.S. Management Authority (see § 23.7). They must provide a brief description of the greenhouse or display facilities, the names and telephone numbers of any individuals authorized to accept plants on behalf of the institution, and the mailing address where the plants should be sent. In addition, interested institutions must indicate if they are limited with regard to the type of plants they are able to maintain or the quantities of plants they can handle at one time. | ||||
| 50:50:9.0.1.1.6.7.1.1 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | G | Subpart G—CITES Administration | § 23.84 What are the roles of the Secretariat and the committees? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30429, May 27, 2014] | (a) Secretariat. The Secretariat is headed by the Secretary-General. Its functions are listed in Article XII of the Treaty and include: (1) Arranging and staffing meetings of the Parties. (2) Performing functions as requested in relation to listings in the Appendices. (3) Undertaking scientific and technical studies, as authorized by the CoP, to contribute to implementation of the Convention. (4) Studying reports of the Parties and requesting additional information as appropriate to ensure effective implementation of the Convention. (5) Bringing to the attention of the Parties matters relevant to the Convention. (6) Periodically publishing and distributing to the Parties current editions of the Appendices as well as information on the identification of specimens of species listed in the Appendices. (7) Preparing annual reports to the Parties on its work and on the implementation of the Convention. (8) Making recommendations for the implementation of the aims and provisions of the Convention, including the exchange of scientific and technical information. (9) Performing other functions entrusted to it by the Parties. (b) Committees. The Parties have established three committees to provide administrative and technical support to the Parties and to the Secretariat. The CoP may charge any of these committees with tasks. (1) The Standing Committee steers the work and performance of the Convention between CoPs. (i) This committee oversees development and execution of the Secretariat's budget, advises other committees, appoints working groups, and carries out activities on behalf of the Parties between CoPs. (ii) Regional representatives are countries that are elected by their respective geographic regions at the CoP. (2) The Animals Committee and the Plants Committee provide advice and guidance to the CoP, the other committees, working groups, and the Secretariat on all matters relevant to international trade in species included in the Appendices. (i) These committees also develop and maintain a stan… | |||
| 50:50:9.0.1.1.6.7.1.2 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | G | Subpart G—CITES Administration | § 23.85 What is a meeting of the Conference of the Parties (CoP)? | FWS | (a) Purpose. Article XI of the Treaty provides general guidelines for meetings of the countries that have ratified, accepted, approved, or acceded to CITES. The Parties currently meet for 2 weeks every 3 years. At these meetings, the Parties consider amendments to the Appendices and resolutions and decisions to improve the implementation of CITES. The Parties adopt amendments to the lists of species in Appendix I and II and resolutions by a two-thirds majority of Parties present and voting. The Secretariat or any Party may also submit reports on wildlife and plant trade for consideration. (b) CoP locations and dates. At a CoP, Parties interested in hosting the next meeting notify the Secretariat. The Parties vote to select the location of the next CoP. Once a country has been chosen, it works with the Secretariat to set the date and specific venue. The Secretariat then notifies the Parties of the date for the next CoP. (c) Attendance at a CoP. All Parties may participate and vote at a CoP. Non-Party countries may participate, but may not vote. Organizations technically qualified in protection, conservation, or management of wildlife or plants may participate in a CoP as observers if they are approved, but they are not eligible to vote. (1) International organizations must apply to the CITES Secretariat for approval to attend a CoP as an observer. (2) National organizations must apply to the Management Authority of the country where they are located for approval to attend a CoP as an observer. | ||||
| 50:50:9.0.1.1.6.7.1.3 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | G | Subpart G—CITES Administration | § 23.86 How can I obtain information on a CoP? | FWS | As we receive information on an upcoming CoP from the CITES Secretariat, we will notify the public either through published notices in the Federal Register or postings on our website (see § 23.7). We will provide: (a) A summary of the information we have received with an invitation for the public to comment and provide information on the agenda, proposed amendments to the Appendices, and proposed resolutions that they believe the United States should submit for consideration at the CoP. (b) Information on times, dates, and locations of public meetings. (c) Information on how international and national organizations may apply to participate as observers. | ||||
| 50:50:9.0.1.1.6.7.1.4 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | G | Subpart G—CITES Administration | § 23.87 How does the United States develop documents and negotiating positions for a CoP? | FWS | (a) In developing documents and negotiating positions for a CoP, we: (1) Will provide for at least one public meeting. (2) Consult with appropriate Federal, State, and tribal agencies; foreign governmental agencies; scientists; experts; and others. (3) Seek public comment through published Federal Register notices or postings on our website that: (i) Solicit recommendations on potential proposals to amend the Appendices, draft resolutions, and other documents for U.S. submission to the CoP. (ii) Announce proposals to amend the Appendices, draft resolutions, and other documents that the United States is considering submitting to the CoP. (iii) Provide the CoP agenda and a list of the amendments to the Appendices proposed for the CoP, a summary of our proposed negotiating positions on these items, and the reasons for our proposed positions. (4) Consider comments received in response to notices or postings provided in paragraph (a)(3) of this section. (b) We submit the following documents to the Secretariat for consideration at the CoP: (1) Draft resolutions and other documents at least 150 days before the CoP. (2) Proposals to amend the Appendices at least 150 days before the CoP if we have consulted all range countries, or 330 days before the CoP if we have not consulted the range countries. For the latter, the additional time allows for the range countries to be consulted through the Secretariat. (c) The Director may modify or suspend any of these procedures if they would interfere with the timely or appropriate development of documents for submission to the CoP and U.S. negotiating positions. (d) We may receive additional information at a CoP or circumstances may develop that have an impact on our tentative negotiating positions. As a result, the U.S. representatives to a CoP may find it necessary to modify, reverse, or otherwise change any of those positions when to do so would be in the best interests of the United States or the conservation of the species. | ||||
| 50:50:9.0.1.1.6.7.1.5 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | G | Subpart G—CITES Administration | § 23.88 What are the resolutions and decisions of the CoP? | FWS | (a) Purpose. Under Article XI of the Treaty, the Parties agree to resolutions and decisions that clarify and interpret the Convention to improve its effectiveness. Resolutions are generally intended to provide long-standing guidance, whereas decisions typically contain instructions to a specific committee, Parties, or the Secretariat. Decisions are often intended to be implemented by a specific date, and then they expire. (b) Effective date. A resolution or decision adopted by the Parties becomes effective 90 days after the last day of the meeting at which it was adopted, unless otherwise specified in the resolution or decision. | ||||
| 50:50:9.0.1.1.6.8.1.1 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | H | Subpart H—Lists of Species | § 23.89 What are the criteria for listing species in Appendix I or II? | FWS | (a) Purpose. Article XV of the Treaty sets out the procedures for amending CITES Appendices I and II. A species must meet trade and biological criteria listed in the CITES resolution for amendment of Appendices I and II. When determining whether a species qualifies for inclusion in or removal from Appendix I or II, or transfer from one Appendix to another, we will: (1) Consult with States, Tribes, range countries, relevant experts, other Federal agencies, and the general public. (2) Utilize the best available biological information. (3) Evaluate that information against the criteria in paragraphs (b) through (f) of this section. (b ) Listing a species in Appendix I. Any species qualifies for inclusion in Appendix I if it is or may be affected by trade and meets, or is likely to meet, at least one biological criterion for Appendix I. (1) These criteria are: (i) The size of the wild population is small. (ii) Area of distribution is restricted. (iii) There is an observed, inferred, or projected marked decline in the population size in the wild. (2) Factors to be considered include, but are not limited to, population and range fragmentation; habitat availability or quality; area of distribution; taxon-specific vulnerabilities due to life history, behavior, or other intrinsic factors, such as migration; population structure and niche requirements; threats from extrinsic factors such as the form of exploitation, introduced species, habitat degradation and destruction, and stochastic events; or decreases in recruitment. (c) Listing a species in Appendix II due to actual or potential threats. Any species qualifies for inclusion in Appendix II if it is or may be affected by trade and meets at least one of the criteria for listing in Appendix II based on actual or potential threats to that species. These criteria are: (1) It is known, or can be inferred or projected, that the regulation of trade is necessary to avoid the species becoming eligible for inclusion in Appendix I in the near future. (2) It is kn… | ||||
| 50:50:9.0.1.1.6.8.1.2 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | H | Subpart H—Lists of Species | § 23.90 What are the criteria for listing species in Appendix III? | FWS | (a) Purpose. Article XVI of the Treaty sets out the procedures for amending Appendix III. (b) General procedure. A Party may unilaterally, at any time, submit a request to list a species in Appendix III to the CITES Secretariat. The listing will become effective 90 days after the Secretariat notifies the Parties of the request. (c) Criteria for listing. For a Party to list a species in Appendix III, all of the following criteria must be met: (1) The species must be native to the country listing the species. (2) The species must be protected under that country's laws or regulations to prevent or restrict exploitation and control trade, and the laws or regulations are being implemented. (3) The species is in international trade, and there are indications that the cooperation of other Parties would help to control illegal trade. (4) The listing Party must inform the Management Authorities of other range countries, the known major importing countries, the Secretariat, and the Animals Committee or the Plants Committee that it is considering the listing and seek their opinions on the potential effects of the listing. (d) Annotation. The listing Party may annotate the Appendix-III listing to include only specific parts, products, derivatives, or life stages, as long as the Secretariat is notified of the annotation. (e) U.S. procedure. The procedure to list a species native to the United States in Appendix III is as follows: (1) We will consult with and solicit comments from all States and Tribes where the species occurs and all other range countries. (2) We will publish a proposed rule in the Federal Register to solicit comments from the public. (3) If after evaluating the comments received and available information we determine the species should be listed in Appendix III, we will publish a final rule in the Federal Register and notify the Secretariat of the listing. (f) Removing a species from Appendix III. We will monitor the international trade in Appendix-III species listed by us and per… | ||||
| 50:50:9.0.1.1.6.8.1.3 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | H | Subpart H—Lists of Species | § 23.91 How do I find out if a species is listed? | FWS | (a) CITES list. The official CITES list includes species of wildlife and plants placed in Appendix I, II, and III in accordance with the provisions of Articles XV and XVI of the Treaty. This list is maintained by the CITES Secretariat based on decisions of the Parties. You may access the official list from the CITES website (see § 23.7). (b) Effective date. Amendments to the CITES list are effective as follows: (1) Appendix-I and -II species listings adopted at the CoP are effective 90 days after the last day of the CoP, unless otherwise specified in the proposal. (2) Appendix-I and -II species listings adopted between CoPs by postal procedures are effective 120 days after the Secretariat has communicated comments and recommendations on the listing to the Parties if the Secretariat does not receive an objection to the proposed amendment from a Party. (3) Appendix-III species listings are effective 90 days after the date the Secretariat has communicated such listings to the Parties. A listing Party may withdraw a species from the list at any time by notifying the Secretariat. The withdrawal is effective 30 days after the Secretariat has communicated the withdrawal to the Parties. | ||||
| 50:50:9.0.1.1.6.8.1.4 | 50 | Wildlife and Fisheries | I | B | 23 | PART 23—CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) | H | Subpart H—Lists of Species | § 23.92 Are any wildlife or plants, and their parts, products, or derivatives, exempt? | FWS | [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30429, May 27, 2014] | (a) All living or dead wildlife and plants in Appendix I, II, and III and all their readily recognizable parts, products, and derivatives must meet the requirements of CITES and this part, except as indicated in paragraphs (b) and (c) of this section. (b) The following are exempt from the requirements of CITES. You may be required to demonstrate that your specimen qualifies as exempt under this section. For specimens that are exempt from CITES requirements, you must still follow the clearance requirements for wildlife in part 14 of this subchapter and for plants in part 24 of this subchapter and 7 CFR parts 319, 352, and 355. (1) Appendix-III wildlife and Appendix-II or -III plants. (i) Where an annotation designates what is excluded from CITES requirements, any part, product, or derivative that is specifically excluded. (ii) Where an annotation designates what is covered by the Treaty, all parts, products, or derivatives that are not designated. (2) Plant hybrids. Specimens of an Appendix-II or -III plant taxon with an annotation that specifically excludes hybrids. (c) The following are exempt from CITES document requirements when certain criteria are met. (1) Plant hybrids. Seeds and pollen (including pollinia), cut flowers, and flasked seedlings or tissue cultures of hybrids that qualify as artificially propagated (see § 23.64) and that were produced from one or more Appendix-I species or taxa that are not annotated to treat hybrids as Appendix-I specimens. (2) Flasked seedlings of Appendix-I orchids. Flasked seedlings of an Appendix-I orchid species that qualify as artificially propagated (see § 23.64). (3) Marine specimens listed in Appendix II that are protected under another treaty, convention, or international agreement which was in force on July 1, 1975 as provided in § 23.39(d). (4) Coral sand and coral fragments as defined in § 23.5. (5) Personal and household effects as provided in § 23.15. (6) Urine, feces, and synthetically derived DNA as provided in § 23.16. (7) Certain… |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);