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pdfTitle 50: Wildlife and Fisheries
PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
Section Contents
Subpart A—Introduction
§
§
§
§
14.1
14.2
14.3
14.4
Purpose of regulations.
Scope of regulations.
Information collection requirements.
What terms do I have to understand?
Subpart B—Importation and Exportation at Designated Ports
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§
14.11
14.12
14.13
14.14
14.15
14.16
14.17
14.18
14.19
14.20
14.21
14.22
14.23
14.24
General restrictions.
Designated ports.
Emergency diversion.
In-transit shipments.
Personal baggage and household effects.
Border ports.
Personally owned pet birds.
Marine mammals.
Special ports.
Exceptions by permit.
Shellfish and fishery products.
Certain antique articles.
Live farm-raised fish and farm-raised fish eggs.
Scientific specimens.
Subpart C—Designated Port Exception Permits
§ 14.31
Permits to import or export wildlife at nondesignated port for
scientific purposes.
§ 14.32
Permits to import or export wildlife at nondesignated port to
minimize deterioration or loss.
§ 14.33
Permits to import or export wildlife at nondesignated port to
alleviate undue economic hardship.
Subpart D [Reserved]
Subpart E—Inspection and Clearance of Wildlife
§
§
§
§
§
14.51
14.52
14.53
14.54
14.55
Inspection of wildlife.
Clearance of imported wildlife.
Detention and refusal of clearance.
Unavailability of Service officers.
Exceptions to clearance requirements.
Subpart F—Wildlife Declarations
§
§
§
§
14.61
14.62
14.63
14.64
Import declaration requirements.
Exceptions to import declaration requirements.
Export declaration requirements.
Exceptions to export declaration requirements.
Subpart G [Reserved]
Subpart H—Marking of Containers or Packages
§ 14.81
§ 14.82
Marking requirement.
Alternatives and exceptions to the marking requirement.
Subpart I—Import/Export Licenses
§
§
§
§
14.91
14.92
14.93
14.94
License requirement.
Exceptions to license requirement.
License application procedure, conditions, and duration.
What fees apply to me?
Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals
and Birds to the United States
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§
§
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§
§
§
§
14.101
14.102
14.103
14.104
14.105
14.106
14.107
14.108
14.109
14.110
14.111
14.112
Purposes.
Definitions.
Prohibitions.
Translations.
Consignment to carrier.
Primary enclosures.
Conveyance.
Food and water.
Care in transit.
Terminal facilities.
Handling.
Other applicable provisions.
Specifications for Nonhuman Primates
§ 14.121
Primary enclosures.
§ 14.122
Food and water.
§ 14.123
Care in transit.
Specifications for Marine Mammals (Cetaceans, Sirenians, Sea Otters,
Pinnipeds, and Polar Bears)
§ 14.131
Primary enclosures.
§ 14.132
Food and water.
§ 14.133
Care in transit.
Specifications for Elephants and Ungulates
§ 14.141
Consignment to carrier.
§ 14.142
Primary enclosures.
Specifications for Sloths, Bats, and Flying Lemurs (Cynocephalidae)
§ 14.151
Primary enclosures.
Specifications for Other Terrestrial Mammals
§ 14.161
Primary enclosures.
Specifications for Birds
§ 14.171
Consignment to carrier.
§ 14.172
Primary enclosures.
Authority:
16 U.S.C. 668, 704, 712, 1382, 1538(d)–(f), 1540(f),
3371–3378, 4223–4244, and 4901–4916; 18 U.S.C. 42; 31 U.S.C. 9701.
Source:
45 FR 56673, Aug. 25, 1980, unless otherwise noted.
Subpart A—Introduction
top
§ 14.1
Purpose of regulations.
top
The regulations contained in this part provide uniform rules and
procedures for the importation, exportation, and transportation of
wildlife.
§ 14.2
Scope of regulations.
top
The provisions in this part are in addition to, and do not supersede other
regulations of this subchapter B which may require a permit or prescribe
additional restrictions or conditions for the importation, exportation,
and transportation of wildlife.
§ 14.3
Information collection requirements.
top
The Office of Management and Budget approved the information collection
requirements contained in this part 14 under 44 U.S.C. 3507 and assigned
OMB Control Number 1018–0092. The Service may not conduct or sponsor, and
you are not required to respond, to a collection of information unless it
displays a currently valid OMB control number. We are collecting this
information to provide information about wildlife imports or exports,
including product and parts, and to facilitate enforcement of the
Endangered Species Act of 1973 as amended (16 U.S.C. 1531 et seq. ) and to
carry out the provisions of the convention on International Trade in
Endangered Species of Wild Fauna and Flora. We estimate the public
reporting burden for these reporting requirements to vary from 10 to 15
minutes per response. Direct comments regarding the burden estimate or any
other aspect of these reporting requirements to the Service Information
Collection Control Officer, MS–222 ARLSQ, U.S. Fish and Wildlife Service,
Washington, DC 20240, or the Office of Management and Budget, Paperwork
Reduction Project (1018–0092), Washington, DC 20603.
[63 FR 52634, Oct. 1, 1998]
§ 14.4
What terms do I have to understand?
top
In addition to definitions contained in part 10 of this subchapter, in
this part:
Accompanying personal baggage means all hand-carried items and all checked
baggage of a person entering into or departing from the United States.
Accredited scientist means any individual associated with, employed by, or
under contract to and accredited by an accredited scientific institution
for the purpose of conducting biological or medical research, and whose
research activities are approved and sponsored by the scientific
institution granting accreditation.
Accredited scientific institutions means any public museum, public
zoological park, accredited institution of higher education, accredited
member of the American Zoo and Aquarium Association, accredited member of
the American Association of Systematic Collections, or any State or
Federal government agency that conducts biological or medical research.
Commercial means related to the offering for sale or resale, purchase,
trade, barter, or the actual or intended transfer in the pursuit of gain
or profit, of any item of wildlife and includes the use of any wildlife
article as an exhibit for the purpose of soliciting sales, without regard
to quantity or weight. There is a presumption that eight or more similar
unused items are for commercial use. The Service or the
importer/exporter/owner may rebut this presumption based upon the
particular facts and circumstances of each case.
Domesticated animals includes, but is not limited to, the following
domesticated animals that are exempted from the requirements of this
subchapter B (except for species obtained from wild populations).
Mammals: Alpaca— Lama alpaca; Camel— Camelus dromedarius; Camel (Boghdi)—
Camelus bactrianus; Cat (domestic)— Felis domesticus; Cattle— Bos taurus;
Dog (domestic)— Canis familiaris; European rabbit— Ortyctolagus cuniculus;
Ferret (domestic)— Mustela putorius; Goat— Capra hircus; Horse— Equus
caballus; Llama— Lama glama; Pig— Sus scrofa; Sheep— Ovis aries; Water
buffalo— Bubalus bubalus; White lab mice— Mus musculus; White lab rate—
Rattus norvegicus.
Fish (For export purposes only): Carp (koi)— Cyprinus carpio; Goldfish—
Carassius auratus.
Birds: Chicken— Gallus domesticus; Ducks & geese—domesticated varieties;
Guinea fowl— Numida meleagris; Peafowl— Pavo cristatus; Pigeons
(domesticated)— Columba livia domestrica; Turkey— Meleagris gallopavo;
Domesticated or Barnyard Mallards include: Pekin; Aylesbury; Bouen;
Cayuga; Gray Call; White Call; East Indian; Crested; Swedish; Buff
Orpington; Indian Runner; Campbell; Duclair; Merchtem; Termonde; Magpie;
Chinese; Khaki Campbell.
Insects: Crickets, mealworms, honeybees (not to include Africanized
varieties), and similar insects that are routinely farm raised.
Other Invertebrates: Earthworms and similar invertebrates that are
routinely farm raised.
Export means to depart from, to send from, to ship from, or to carry out
of, or attempt to depart from, to send from, to ship from, or to carry out
of, or to consign to a carrier in any place subject to the jurisdiction of
the United States with an intended destination of any place not subject to
the jurisdiction of the United States, whether or not such departure,
sending, or carrying, or shipping constitutes an exportation within the
meaning of the Custom laws of the United States. When a passenger leaving
the jurisdiction of the United States enters the designated international
area of embarkation of an airport, all accompanying personal hand-carried
items and checked baggage will be regarded as exports.
Import means to land on, bring into, or introduce into, or attempt to land
on, bring into, or introduce into any place subject to the jurisdiction of
the United States, whether or not such landing, bringing, or introduction
constitutes an importation within the meaning of the tariff laws of the
United States.
We means Fish and Wildlife Service or Service.
You means licensee, or importer/exporter of record.
[61 FR 31868, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]
Subpart B—Importation and Exportation at Designated Ports
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§ 14.11
General restrictions.
top
Except as otherwise provided in this part, no person may import or export
any wildlife at any place other than a Customs port of entry designated in
§14.12.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980]
§ 14.12
Designated ports.
top
The following ports of entry are designated for the importation and
exportation of wildlife and wildlife products and are referred to
hereafter as “designated ports”:
(a) Anchorage, Alaska.
(b) Atlanta, Georgia.
(c) Baltimore, Maryland.
(d) Boston, Massachusetts.
(e) Chicago, Illinois.
(f) Dallas/Fort Worth, Texas.
(g) Honolulu, Hawaii.
(h) Houston, Texas.
(i) Los Angeles, California.
(j) Louisville, Kentucky.
(k) Memphis, Tennessee.
(l) Miami, Florida.
(m) New Orleans, Louisiana.
(n) New York, New York.
(o) Portland, Oregon.
(p) San Francisco, California.
(q) Seattle, Washington.
[69 FR 70382, Dec. 6, 2004]
§ 14.13
Emergency diversion.
top
Wildlife which has been imported into the United States at any port or
place other than a designated port solely as a result of a diversion due
to an aircraft or vessel emergency must proceed as an in-transit shipment
under Customs bond to a designated port, or to any port where a permit or
other provision of this part provides for lawful importation.
§ 14.14
In-transit shipments.
top
(a) Wildlife destined for a point within the United States may be imported
into the United States at any port if such wildlife proceeds as an
in-transit shipment under Customs bond to a designated port, or to any
port where a permit or other provision of this part provides for lawful
importation.
(b) Wildlife moving in-transit through the United States from one foreign
country to another foreign country is exempt from the designated port
requirements of this part, if such wildlife is not unloaded within the
United States.
§ 14.15
Personal baggage and household effects.
top
(a) Any person may import into or export from the United States at any
Customs port wildlife products or manufactured articles that are not
intended for commercial use and are used as clothing or contained in
accompanying personal baggage. However, this exception to the designated
port requirement does not apply to any raw or dressed fur; raw, salted, or
crusted hide or skin; game trophy; or to wildlife requiring a permit
pursuant to part 16, 17, 18, 21, or 23 of this subchapter B.
(b) Wildlife products or manufactured articles, including mounted game
trophies or tanned hides, which are not intended for sale and are part of
a shipment of the household effects of persons moving their residence to
or from the United States may be imported or exported at any Customs port
of entry. However, this exception to the designated port requirement does
not apply to any raw fur; raw, salted, or crusted hide or skin; or to
wildlife requiring a permit pursuant to part 16, 17, 18, 21, or 23 of this
subchapter B.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31868, June 21, 1996]
§ 14.16
Border ports.
top
(a) Except for wildlife requiring a permit pursuant to part 16, 17, 18,
21, or 23 of this subchapter B, wildlife whose country of origin is Canada
or the United States may be imported or exported at any of the following
Customs ports of entry:
(1) Alaska—Alcan;
(2) Idaho—Eastport;
(3) Maine—Calais, Houlton, Jackman;
(4) Massachusetts—Boston;
(5) Michigan—Detroit, Port Huron, Sault Sainte Marie;
(6) Minnesota—Grand Portage, International Falls, Minneapolis-St. Paul;
(7) Montana—Raymond, Sweetgrass;
(8) New York—Buffalo-Niagara Falls, Champlain;
(9) North Dakota—Dunseith, Pembina, Portal;
(10) Ohio—Cleveland;
(11) Vermont—Derby Line, Highgate Springs; and
(12) Washington—Blaine, Sumas.
(b) Except for wildlife requiring a permit pursuant to part 16, 17, 18,
21, or 23 of this subchapter B, wildlife whose country of origin is Mexico
or the United States may be imported or exported at any of the following
Customs ports of entry:
(1) Arizona—Lukeville, Nogales;
(2) California—Calexico, San Diego-San Ysidro; and
(3) Texas—Brownsville, El Paso, Laredo.
(c) Except for wildlife requiring a permit pursuant to part 16, 17, 18, or
21 of this subchapter B, wildlife lawfully taken by U.S. residents in the
United States, Canada, or Mexico and imported or exported for
noncommercial purposes, may be imported or exported at any Customs port of
entry.
§ 14.17
Personally owned pet birds.
top
Any person may import a personally owned pet bird at any port designated
under, and in accordance with, 9 CFR part 92.
§ 14.18
Marine mammals.
top
Any person subject to the jurisdiction of the United States who has
lawfully taken a marine mammal on the high seas and who is authorized to
import such marine mammal in accordance with the Marine Mammal Protection
Act of 1972 and implementing regulations (50 CFR parts 18 and 216) may
import such marine mammal at any port or place.
§ 14.19
Special ports.
top
(a) Except for wildlife requiring a permit pursuant to part 16, 17, 18,
21, or 23 of this subchapter B, wildlife which is imported for final
destination in Alaska, Puerto Rico, or the Virgin Islands, may be imported
through those Customs ports of entry named hereafter for the respective
State or Territory of final destination:
(1) Alaska—Alcan, Anchorage, Fairbanks, Juneau;
(2) Puerto Rico—San Juan; and
(3) Virgin Islands—San Juan, Puerto Rico.
(b) Except for wildlife requiring a permit pursuant to part 16, 17, 18,
21, or 23 of this subchapter B, wildlife which originates in Alaska,
Puerto Rico, or the Virgin Islands, may be exported through the following
Customs ports for the respective State or Territory:
(1) Alaska—Alcan, Anchorage, Fairbanks, Juneau;
(2) Puerto Rico—San Juan; and
(3) Virgin Islands—San Juan, Puerto Rico.
(c) Except for wildlife requiring a permit pursuant to part 16, 17, 18,
21, or 23 of this subchapter B, wildlife which has a final destination of
Guam or which originates in Guam may be imported or exported, as
appropriate, through the port of Agana, Guam.
§ 14.20
Exceptions by permit.
top
Wildlife may be imported into or exported from the United States at any
Customs port of entry designated in the terms of a valid permit issued
pursuant to subpart C of this part.
§ 14.21
Shellfish and fishery products.
top
(a)(1) General. Except for wildlife requiring a permit pursuant to part 17
or 23 of this subchapter, shellfish and fishery products imported or
exported for purposes of human or animal consumption or taken in waters
under the jurisdiction of the United States or on the high seas for
recreational purposes may enter or exit at any Customs port.
(2) Except for wildlife requiring a permit pursuant to part 17 or part 23
of this subchapter, live aquatic invertebrates of the Class Pelecypoda
(commonly known as oysters, clams, mussels, and scallops) and the eggs,
larvae, or juvenile forms thereof may be exported for purposes of
propagation, or research related to propagation, at any Customs port.
(b) Pearls. Except for wildlife requiring a permit pursuant to part 17 or
23 of this subchapter, pearls imported or exported for commercial purposes
may enter or exit the United States at any Customs port of entry. For the
purposes of this part, all references to the term shellfish and fishery
products will include pearls.
[61 FR 31868, June 21, 1996]
§ 14.22
Certain antique articles.
top
Any person may import at any Customs Service port designated for such
purpose, any article (other than scrimshaw, defined in 16 U.S.C
1539(f)(1)(B) and 50 CFR 217.12 as any art form that involves the etching
or engraving of designs upon, or the carving of figures, patterns, or
designs from, any bone or tooth of any marine mammal of the order Cetacea)
that is at least 100 years old, is composed in whole or in part of any
endangered or threatened species listed under §17.11 or §17.12 of this
subchapter, and has not been repaired or modified with any part of any
endangered or threatened species on or after December 28, 1973.
[61 FR 31868, June 21, 1996]
§ 14.23
Live farm-raised fish and farm-raised fish eggs.
top
Live farm-raised fish and farm-raised fish eggs meet the definition of
“bred in captivity” as stated in 50 CFR 17.3. Except for wildlife
requiring a permit pursuant to parts 17 or 23 of this subchapter, live
farm-raised fish and farm-raised fish eggs may be exported from any U.S.
Customs port.
[59 FR 41714, Aug. 15, 1994]
§ 14.24
Scientific specimens.
top
Except for wildlife requiring a permit pursuant to parts 16, 17, 18, 21,
22 or 23 of this subchapter, dead, preserved, dried, or embedded
scientific specimens or parts thereof, imported or exported by accredited
scientists or accredited scientific institutions for taxonomic or
systematic research purposes may enter or exit through any U.S. Customs
port, or may be shipped through the international mail system. Provided,
that this exception will not apply to any specimens or parts thereof taken
as a result of sport hunting.
[61 FR 31869, June 21, 1996]
Subpart C—Designated Port Exception Permits
top
§ 14.31
Permits to import or export wildlife at nondesignated port for
scientific purposes.
top
(a) General. The Director may, upon receipt of an application submitted in
accordance with the provisions of this section and §§13.11 and 13.12 of
this subchapter, and in accordance with the issuance criteria of this
section, issue a permit authorizing importation or exportation of wildlife
for scientific purposes at one or more named Customs port(s) of entry not
otherwise authorized by subpart B. Such permits may authorize a single
importation or exportation, a series of importations or exportations, or
importation or exportation during a specified period of time.
(b) Application procedure. Applications for permits to import or export
wildlife at a nondesignated port for scientific purposes must be submitted
to the Director. Each application must contain the general information and
certification required by §13.12(a) of this subchapter, plus the following
additional information:
(1) The scientific purpose or uses of the wildlife to be imported or
exported;
(2) The number and kinds of wildlife described by scientific and common
names to be imported or exported where such number and kinds can be
determined;
(3) The country or place in which the wildlife was removed from the wild
(if known), or where born in captivity;
(4) The port(s) of entry where importation or exportation is requested,
and the reasons why importation or exportation should be allowed at the
requested port(s) of entry rather than at a designated port; and
(5) A statement as to whether the exception is being requested for a
single shipment, a series of shipments, or shipments over a specified
period of time and the date(s) involved.
(c) Additional permit conditions. In addition to the general conditions
set forth in part 13 of this subchapter B, permits to import or export
wildlife at a nondesignated port issued under this section are subject to
the following condition: Permittee shall file such reports as specified on
the permit, if any.
(d) Issuance criteria. The Director shall consider the following in
determining whether to issue a permit under this section:
(1) Benefit to a bona fide scientific research project, other scientific
purpose, or facilitation of the exchange of preserved museum specimens;
(2) The kind of wildlife involved and its place of origin;
(3) The reasons why the exception is requested; and
(4) Availability of a Service officer.
(e) Duration of permits. Any permit issued under this section expires on
the date designated on the face of the permit. In no case will the permit
be valid for more than 2 years from the date of issuance.
§ 14.32
Permits to import or export wildlife at nondesignated port to
minimize deterioration or loss.
top
(a) General. The Director may, upon receipt of an application submitted in
accordance with the provisions of this section and §§13.11 and 13.12 of
this subchapter, and in accordance with the issuance criteria of this
section, issue a permit authorizing importation or exportation of
wildlife, in order to minimize deterioration or loss, at one or more named
Customs port(s) of entry not otherwise authorized by subpart B. Such
permits may authorize a single importation or exportation, a series of
importations or exportations, or importation or exportation during a
specified period of time.
(b) Application procedure. Applications for permits to import or export
wildlife at a nondesignated port to minimize deterioration or loss must be
submitted to the Director. Each application must contain the general
information and certification required in §13.12(a) of this subchapter,
plus the following additional information:
(1) The number and kinds of wildlife described by scientific and common
names to be imported or exported where such number and kinds can be
determined;
(2) The country or place in which the wildlife was removed from the wild
(if known), or where born in captivity;
(3) The port(s) of entry where importation or exportation is requested,
and the reasons why importation or exportation should be allowed at the
requested port(s) of entry rather than at a designated port (information
must be included to show that an importation or exportation at a
designated port would result in a substantial deterioration or loss of the
wildlife); and
(4) A statement as to whether the exception is being requested for a
single shipment, a series of shipments, or shipments over a specified
period of time and the date(s) involved.
(c) Additional permit conditions. In addition to the general conditions
set forth in part 13 of this subchapter B, permits to import or export
wildlife at a nondesignated port issued under this section are to be
subject to the following conditions:
(1) Permittee shall file such reports as may be specified on the permit,
if any; and
(2) Permittee must pay fees in accordance with §14.94.
(d) Issuance criteria. The Director shall consider the following in
determining whether to issue a permit under this section:
(1) Likelihood of a substantial deterioration or loss of the wildlife
involved;
(2) The kind of wildlife involved and its place of origin; and
(3) Availability of a Service officer.
(e) Duration of permits. Any permit issued under this section expires on
the date designated on the face of the permit. In no case will the permit
be valid more than 2 years from the date of issuance.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61
FR 31869, June 21, 1996]
§ 14.33
Permits to import or export wildlife at nondesignated port to
alleviate undue economic hardship.
top
(a) General. The Director may, upon receipt of an application submitted in
accordance with the provisions of this section and §§13.11 and 13.12 of
this subchapter, and in accordance with the issuance criteria of this
section, issue a permit authorizing importation or exportation of wildlife
in order to alleviate undue economic hardship at one or more named Customs
port(s) of entry not otherwise authorized by subpart B. Such permits may
authorize a single importation or exportation, a series of importations or
exportations, or importation or exportation during a specified period of
time.
(b) Application procedure. Applications for permits to import or export
wildlife at a nondesignated port to alleviate undue economic hardship must
be submitted to the Director. Each application must contain the general
information and certification required in §13.12(a) of this subchapter,
plus the following additional information:
(1) The number and kinds of wildlife described by scientific and common
names to be imported or exported, where such number and kinds can be
determined, and a description of the form in which it is to be imported,
such as “live,” “frozen,” “raw hides,” or a full description of any
manufactured product;
(2) The country or place in which the wildlife was removed from the wild
(if known), or where born in captivity;
(3) The name and address of the supplier or consignee;
(4) The port(s) of entry where importation or exportation is requested,
and the reasons why importation or exportation should be allowed at the
requested port(s) of entry rather than at a designated port (information
must be included to show the monetary difference between the cost of
importation or exportation at the port requested and the lowest cost of
importation or exportation at the port through which importation or
exportation is authorized by subpart B without a permit); and
(5) A statement as to whether the exception is being requested for a
single shipment, a series of shipments, or shipments over a specified
period of time and the date(s) involved.
(c) Additional permit conditions. In addition to the general conditions
set forth in part 13 of this subchapter B, permits to import or export
wildlife at a nondesignated port issued under this section are subject to
the following conditions:
(1) Permittee shall file such reports as specified on the permit, if any;
and
(2) Permittee must pay fees in accordance with §14.94.
(d) Issuance criteria. The Director shall consider the following in
determining whether to issue a permit under this section:
(1) The difference between the cost of importing or exporting the wildlife
at the port requested and the lowest cost of importing or exporting such
wildlife at a port authorized by these regulations without a permit;
(2) The severity of the economic hardship that likely would result should
the permit not be issued;
(3) The kind of wildlife involved, including its form and place of origin;
and
(4) Availability of a Service officer.
(e) Duration of permits. Any permit issued under this section expires on
the date designated on the face of the permit. In no case will the permit
be valid for more than 2 years from the date of issuance.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61
FR 31869, June 21, 1996]
Subpart D [Reserved]
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Subpart E—Inspection and Clearance of Wildlife
top
§ 14.51
Inspection of wildlife.
top
Subject to applicable limitations of law, Service officers and Customs
officers may detain for inspection and inspect any package, crate, or
other container, including its contents, and all accompanying documents,
upon importation or exportation. The Director may charge reasonable fees,
including salary, overtime, transportation and per diem of Service
officers, for wildlife import or export inspections specially requested by
the importer or exporter at times other than regular work hours or
locations other than usual for such inspections at the port.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50
FR 52889, Dec. 26, 1985]
§ 14.52
Clearance of imported wildlife.
top
(a) Except as otherwise provided by this subpart, a Service officer must
clear all wildlife imported into the United States prior to release from
detention by Customs officers. A Service officer must clear all wildlife
to be exported from the United States prior to the physical loading of the
merchandise on a vehicle or aircraft, or the containerization or
palletizing of such merchandise for export, unless a Service officer
expressly authorizes otherwise. Such clearance does not constitute a
certification of the legality of an importation or exportation under the
laws or regulations of the United States.
(b) An importer/exporter or his/her agent may obtain clearance by a
Service officer only at designated ports (§14.12), at border ports
(§14.16), at special ports (§14.19), or at a port where importation or
exportation is authorized by a permit issued under subpart C of this part.
An importer/exporter must return forthwith any wildlife released without a
Service officer's clearance or clearance by Customs for the Service under
authority of §14.54 to a port where clearance may be obtained pursuant to
this subpart.
(c) To obtain clearance, the importer, exporter, or the importer's or
exporter's agent will make available to a Service officer or a Customs
officer acting under §14.54:
(1) All shipping documents (including bills of lading, waybills and
packing lists or invoices);
(2) All permits, licenses or other documents required by the laws or
regulations of the United States;
(3) All permits or other documents required by the laws or regulations of
any foreign country;
(4) The wildlife being imported or exported; and
(5) Any documents and permits required by the country of export or
re-export for the wildlife.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50
FR 52889, Dec. 26, 1985; 61 FR 31869, June 21, 1996]
§ 14.53
Detention and refusal of clearance.
top
(a) Detention. Any Service officer, or Customs officer acting under
§14.54, may detain imported or exported wildlife and any associated
property. As soon as practicable following the importation or exportation
and decision to detain, the Service will mail a notice of detention by
registered or certified mail, return receipt requested, to the importer or
consignee, or exporter, if known or easily ascertainable. Such notice must
describe the detained wildlife or other property, indicate the reason for
the detention, describe the general nature of the tests or inquiries to be
conducted, and indicate that if the releasability of the wildlife has not
been determined within 30 days after the date of the notice, or a longer
period if specifically stated, that the Service will deem the wildlife to
be seized and will issue no further notification of seizure.
(b) Refusal of clearance. Any Service officer may refuse clearance of
imported or exported wildlife and any Customs officer acting under §14.54
may refuse clearance of imported wildlife when there are responsible
grounds to believe that:
(1) A Federal law or regulation has been violated;
(2) The correct identity and country of origin of the wildlife has not
been established (in such cases, the burden is upon the owner, importer,
exporter, consignor, or consignee to establish such identity by scientific
name to the species level or, if any subspecies is protected by the laws
of this country or the country of origin to the subspecies level);
(3) Any permit, license, or other documentation required for clearance of
such wildlife is not available, is not currently valid, has been suspended
or revoked, or is not authentic;
(4) The importer, exporter, or the importer's or exporter's agent has
filed an incorrect or incomplete declaration for importation or
exportation as provided in §14.61 or §14.63; or
(5) The importer, exporter, or the importer's or exporter's agent has not
paid any fee or portion of balance due for inspection fees required by
§14.93 or §14.94, or penalties assessed against the importer or exporter
under 50 CFR part 11. This paragraph does not apply to penalty assessments
on appeal in accordance with the provisions of part 11.
[61 FR 31869, June 21, 1996]
§ 14.54
Unavailability of Service officers.
top
(a) Designated ports. All wildlife arriving at a designated port must be
cleared by a Service officer prior to Customs clearance and release. When
importers or their agents expect live or perishable shipments of wildlife
or wildlife products or request inspection at the time of arrival, they
must notify the Service at least 48 hours prior to the estimated time of
arrival. However, where a Service officer is not available within a
reasonable time, Customs Officers may clear live or perishable wildlife
subject to post-clearance inspection and investigation by the Service.
(b) Border and special ports. Wildlife lawfully imported at Canadian or
Mexican border ports under §14.16, or into Alaska, Puerto Rico, or the
Virgin Islands, under §14.19, may, if a Service officer is not available
within a reasonable time, be cleared by Customs officers, subject to
post-clearance inspection and investigation by the Service.
(c) Permit imports. Wildlife imported at a nondesignated port in
accordance with the terms of a valid permit issued under subpart C of this
part, may, if a Service officer is not available within a reasonable time,
be cleared by Customs officers, subject to post-clearance inspection and
investigation by the Service.
(d) Personal baggage and household effects. Wildlife lawfully imported at
any port of entry under §14.15, may, if a Service officer is not available
within a reasonable time, be cleared by Customs officers, subject to
post-clearance inspection and investigation by the Service.
(e) Personally owned pet birds. Personally owned pet birds lawfully
imported at a port of entry under §14.17, may, if a Service officer is not
available within a reasonable time, be cleared by Customs officers,
subject to post-clearance inspection and investigation by the Service.
(f) Exports. Exporters or their agents must notify the Service and make
the shipment available for inspection at least 48 hours prior to the
estimated time of exportation of any wildlife.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996]
§ 14.55
Exceptions to clearance requirements.
top
Except for wildlife requiring a permit pursuant to part 17 or 23 of this
subchapter B, clearance is not required for the importation of the
following wildlife:
(a) Shellfish and fishery products imported for purposes of human or
animal consumption or taken in waters under the jurisdiction of the United
States or on the high seas for recreational purposes;
(b) Marine mammals lawfully taken on the high seas by United States
residents and imported directly into the United States; and
(c) Certain antique articles as specified in §14.22 which have been
released from custody by Customs officers under 19 U.S.C. 1499.
(d) Dead, preserved, dried, or embedded scientific specimens or parts
thereof, imported or exported by accredited scientists or accredited
scientific institutions for taxonomic or systematic research purposes.
Except: That this exception will not apply to any specimens or parts
thereof taken as a result of sport hunting.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996]
Subpart F—Wildlife Declarations
top
§ 14.61
Import declaration requirements.
top
Except as otherwise provided by the regulations of this subpart, importers
or their agents must file with the Service a completed Declaration for
Importation or Exportation of Fish or Wildlife (Form 3–177), signed by the
importer or the importer's agent, upon the importation of any wildlife at
the place where Service clearance under §14.52 is requested. However,
wildlife may be transshipped under bond to a different port for release
from custody by Customs Service officers under 19 U.S.C. 1499. For certain
antique articles as specified in §14.22, importers or their agents must
file a Form 3–177 with the District Director of Customs at the port of
entry prior to release from Customs custody. Importers or their agents
must furnish all applicable information requested on the Form 3–177 and
the importer, or the importer's agent, must certify that the information
furnished is true and complete to the best of his/her knowledge and
belief.
[61 FR 49980, Sept. 24, 1996]
§ 14.62
Exceptions to import declaration requirements.
top
(a) Except for wildlife requiring a permit pursuant to part 17 or 23 of
this subchapter B, an importer or his/her agent does not have to file a
Declaration for Importation or Exportation of Fish or Wildlife (Form
3–177) for importation of shellfish and fishery products imported for
purposes of human or animal consumption, or taken in waters under the
jurisdiction of the United States or on the high seas for recreational
purposes;
(b) Except for wildlife requiring a permit pursuant to part 16, 17, 18,
21, or 23 of this subchapter B, a Declaration for Importation or
Exportation of Fish or Wildlife (Form 3–177) does not have to be filed for
importation of the following:
(1) Fish taken for recreational purposes in Canada or Mexico;
(2) Wildlife products or manufactured articles that are not intended for
commercial use and are used as clothing or contained in accompanying
personal baggage, except that an importer or his/her agent must file a
Form 3–177 for raw or dressed furs; for raw, salted, or crusted hides or
skins; and for game or game trophies; and
(3) Wildlife products or manufactured articles that are not intended for
commercial use and are a part of a shipment of the household effects of
persons moving their residence to the United States, except that an
importer or his/her agent must file a declaration for raw or dressed furs
and for raw, salted, or crusted hides or skins.
(c) General declarations for certain specimens. Notwithstanding the
provisions of 14.61 and except for wildlife included in paragraph (d) of
this section, an importer or his/her agent may describe in general terms
on a Declaration for the Importation or Exportation of Fish or Wildlife
(Form 3–177) scientific specimens imported for scientific institutions for
taxonomic, systematic research, or faunal survey purposes. An importer or
his/her agent must file an amended Form 3–177 within 180 days after filing
of the general declaration with the Service. The declaration must identify
specimens to the most accurate taxonomic classification reasonably
practicable using the best available taxonomic information. The Director
may grant extensions of the 180-day period.
(d) Except for wildlife requiring a permit pursuant to part 16, 17, 18,
21, 22 or 23 of this subchapter, an importer or his/her agent does not
have to file a Declaration for the Importation or Exportation of Fish or
Wildlife (Form 3–177) at the time of importation for shipments of dead,
preserved, dried, or embedded scientific specimens or parts thereof,
imported by accredited scientists or accredited scientific institutions
for taxonomic or systematic research purposes. An importer or his/her
agent must file a Form 3–177 within 180 days of importation with the
appropriate Assistant Regional Director—Law Enforcement in the Region
where the importation occurs. The declaration must identify the specimens
to the most accurate taxonomic classification reasonably practicable using
the best available taxonomic information, and must declare the country of
origin. Except: That this exception will not apply to any specimens or
parts thereof taken as a result of sport hunting.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61
FR 31870, June 21, 1996]
§ 14.63
Export declaration requirements.
top
Except as otherwise provided by the regulations of this subpart, a
completed Declaration for Importation or Exportation of Fish or Wildlife
(Form 3–177) signed by the exporter, or the exporter's agent, shall be
filed with the Service prior to the export of any wildlife at the port of
exportation as authorized in subpart B of this part. All applicable
information requested on the Form 3–177 shall be furnished, and the
exporter or the exporter's agent shall certify that the information
furnished is true and complete to the best of his/her knowledge and
belief.
§ 14.64
Exceptions to export declaration requirements.
top
(a) Except for wildlife requiring a permit pursuant to part 17 or 23 of
this subchapter B, an exporter or his/her agent does not have to file a
Declaration for Importation or Exportation of Fish or Wildlife (Form
3–177) for the exportation of shellfish and fishery products exported for
purposes of human or animal consumption or taken in waters under the
jurisdiction of the United States or on the high seas for recreational
purposes, and does not have to file for the exportation of live aquatic
invertebrates of the Class Pelecypoda (commonly known as oysters, claims,
mussels, and scallops) and the eggs, larvae, or juvenile forms thereof
exported for purposes of propagation, or research related to propagation.
(b) Except for wildlife requiring a permit pursuant to part 16, 17, 18,
21, or 23 of this subchapter B, a Declaration for the Importation or
Exportation of Fish or Wildlife (Form 3–177) does not have to be filed for
the exportation of the following:
(1) Wildlife that is not intended for commercial use where the value of
such wildlife is under $250;
(2) Wildlife products or manufactured articles, including game trophies,
that are not intended for commercial use and are used as clothing or
contained in accompanying personal baggage or are part of a shipment of
the household effects of persons moving their residence from the United
States; and
(3) Shipments of dead, preserved, dried, or embedded scientific specimens
or parts thereof, exported by accredited scientists or accredited
scientific institutions for taxonomic or systematic research purposes. An
exporter or his/her agent must file a Form 3–177 within 180 days of
exportation with the appropriate Assistant Regional Director—Law
Enforcement in the Region where the exportation occurs. The declaration
must identify the specimens to the most accurate taxonomic classification
reasonably practicable using the best available taxonomic information, and
must declare the country of origin. Except: That this exception will not
apply to any specimens or parts thereof taken as a result of sport
hunting.
(c) Except for wildlife requiring a period pursuant to parts 17 or 23 of
this subchapter, a Declaration for the Importation or Exportation of Fish
or Wildlife (Form 3–177) does not have to be filed for the exportation of
live farm-raised fish and farm-raised fish eggs as defined in §14.23.
[45 FR 56673, Aug. 25, 1980, as amended at 59 FR 41714, Aug. 15, 1994; 61
FR 31870, June 21, 1996]
Subpart G [Reserved]
top
Subpart H—Marking of Containers or Packages
top
Source:
52 FR 45341, Nov. 27, 1987, unless otherwise noted.
§ 14.81
Marking requirement.
top
Except as otherwise provided in this subpart, no person may import,
export, or transport in interstate commerce any container or package
containing any fish or wildlife (including shellfish and fishery products)
unless he/she marks each container or package conspicuously on the outside
with both the name and address of the shipper and consignee. An accurate
and legible list of its contents by species scientific name and the number
of each species and whether or not the listed species are venomous must
accompany the entire shipment.
[61 FR 31870, June 21, 1996]
§ 14.82
Alternatives and exceptions to the marking requirement.
top
(a) The requirements of §14.81 may be met by complying with one of the
following alternatives to the marking requirement:
(1)(i) Conspicuously marking the outside of each container or package
containing fish or wildlife with the word “fish” or “wildlife” as
appropriate for its contents, or with the common name of its contents by
species, and
(ii) Including an invoice, packing list, bill of lading, or similar
document to accompany the shipment which accurately states the name and
address of the shipper and consignee, states the total number of packages
or containers in the shipment, and for each species in the shipment
specifies:
(A) The common name that identifies the species (examples include: Chinook
(or king) salmon; bluefin tuna; and whitetail deer) and whether or not the
listed species is venomous; and
(B) The number of that species (or other appropriate measure of quantity
such as gross or net weight).
The invoice, packing list, bill of lading, or equivalent document must be
securely attached to the outside of one container or package in the
shipment or otherwise physically accompany the shipment in a manner which
makes it readily accessible for inspection; or
(2) Affixing the shipper's wildlife import/export license number preceded
by the three letters “FWS” on the outside of each container or package
containing fish or wildlife, if the shipper has valid wildlife
import/export license issued under authority of 50 CFR part 14. For each
shipment marked in accordance with this paragraph, the records maintained
under §14.93(c) must include a copy of the invoice, packing list, bill of
lading, or other similar document that accurately states the information
required by paragraph (a)(1)(ii) of this section.
(3) In the case of subcontainers or packages within a larger packing
container, only the outermost container must be marked in accordance with
this section. Except, that for live fish or wildlife that are packed in
subcontainers within a larger packing container, if the subcontainers are
numbered or labeled, the packing list, invoice, bill or lading, or other
similar document, must reflect that number or label. However, each
subcontainer containing a venomous species must be clearly marked as
venomous.
(4) A conveyance (truck, plane, boat, etc.) is not considered a container
for purposes of requiring specific marking of the conveyance itself,
provided that:
(i) The fish or wildlife within the conveyance is carried loosely or is
readily identifiable, and is accompanied by the document required by
paragraph (a)(1)(ii) of this section, or
(ii) The fish or wildlife is otherwise packaged and marked in accordance
with this subpart.
(b) The requirements of §14.81 do not apply to containers or packages
containing—
(1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and
karakul that have been bred and born in captivity, or their products, if a
signed statement certifying that the animals were bred and born in
captivity accompanies the shipping documents;
(2) Fish or shellfish contained in retail consumer packages labeled
pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq. ; or
(3) Fish or shellfish that are landed by, and offloaded from, a fishing
vessel (whether or not the catch has been carried by the fishing vessel
interstate), as long as the fish or shellfish remain at the place where
first offloaded.
(Approved by the Office of Management and Budget under control number
1018–0022)
[52 FR 45341, Nov. 27, 1987, as amended at 61 FR 31871, June 21, 1996]
Subpart I—Import/Export Licenses
top
§ 14.91
License requirement.
top
(a) Prohibition. Except as otherwise provided in this subpart, it is
unlawful for any person to engage in business as an importer or exporter
of wildlife without first having obtained a valid import/export license
from the Director.
(b) Definition. As used in this subpart, the phrase engage in business as
an importer or exporter of wildlife means for a person to devote time,
attention, labor, or effort to any activity for gain or profit that
involves the importation or exportation of wildlife whether or not such
person is an importer or exporter within the meaning of the customs laws
of the United States.
(c) Certain persons required to be licensed. The definition in paragraph
(b) of this section includes, but is not limited to, persons who import or
export wildlife for commercial purposes:
(1) For trade, sale, or resale, such as animal dealers, animal brokers,
pet dealers, pet suppliers, and laboratory research suppliers;
(2) In the form of fur for tanning, manufacture, or sale, such as fur
trappers, dealers, brokers, and manufacturers;
(3) In the form of hides and skins for tanning, manufacture, or sale, such
as hide, skin, and leather dealers, brokers, manufacturers, and
processors;
(4) In the form of products (such as garments, bags, shoes, boots,
jewelry, rugs, or curios) for sale, such as wholesalers, retailers,
distributors, and brokers;
(5) As taxidermists in connection with the mounting processing, or storage
of trophies or specimens;
(6) As freight forwarders; and
(7) In the form of food products taken from populations of
non-domesticated animals.
[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31871, June 21, 1996]
§ 14.92
Exceptions to license requirement.
top
(a) Certain wildlife. Any person may engage in business as an importer or
exporter of the following wildlife without procuring an import/export
license:
(1) Shellfish and fishery products that do not require a permit under part
17 or 23 of this subchapter B and that are imported or exported for
purposes of human or animal consumption;
(2) Shellfish and fishery products that do not require a permit under part
17 or 23 of this subchapter B and that are taken in waters under the
jurisdiction of the United States or on the high seas for recreational
purposes;
(3) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and
karakul and their products if the animals have been bred and born in
captivity;
(4) Live farm-raised fish and farm-raised eggs of species not requiring a
permit under part 17 or 23 of this subchapter B that are being exported;
(5) Live aquatic invertebrates of the Class Pelecypoda (commonly known as
oysters, clams, mussels, and scallops) and the eggs, larvae, or juvenile
forms thereof exported for purposes of propagation or research related to
propagation; and
(6) Pearls imported or exported for commercial purposes.
(b) Certain persons. The following persons may engage in business as
importers or exporters of wildlife without procuring an import/export
license: Provided, That such persons keep such records as will fully and
correctly disclose each importation or exportation of wildlife made by
them and the subsequent disposition made by them with respect to the
wildlife, and that subject to applicable limitations of law, duly
authorized Service officers at all reasonable times shall, upon notice, be
afforded access to such persons' places of business, an opportunity to
examine their inventory of imported wildlife and the records required
above, and an opportunity to copy such records:
(1) Common carriers when engaged as transporters and not as importers or
exporters of record;
(2) Custom house brokers when engaged as agents and not as importers or
exporters of record;
(3) Public museums, or other public, scientific or educational
institutions, importing or exporting wildlife for research or educational
purposes and not for resale;
(4) Federal, State, or municipal agencies; and
(5) Circuses importing or exporting wildlife for exhibition purposes only
and not for purchase, sale, barter, or transfer of such wildlife.
[45 FR 56673, Aug. 25, 1980, as amended at 45 FR 86497, Dec. 31, 1980; 50
FR 52890, Dec. 26, 1985; 61 FR 31871, June 21, 1996]
§ 14.93
License application procedure, conditions, and duration.
top
(a) General. The Director may, upon receipt of an application submitted in
accordance with the provisions of this section and §§13.11 and 13.12 of
this subchapter, issue a license authorizing the applicant to engage in
business as an importer or exporter of wildlife.
(b) Application procedure. Applications for import/export licenses must be
submitted to the appropriate Special Agent in Charge (see §10.22 of this
subchapter). Each application must contain the general information and
certification required by §13.12(a) of this subchapter, plus the following
additional information:
(1) A brief description of the nature of the applicant's business as it
relates to the importation or exportation of wildlife, e.g., “live animal
dealer,” “fur broker,” “taxidermist,” “retail department store,” and “pet
shop;”
(2) If the application is in the name of a business, a statement
disclosing the names and addresses of all partners and principal officers;
(3) A statement of where books or records concerning wildlife imports or
exports will be kept;
(4) A statement of where inventories of wildlife will be stored; and
(5) Name, address, and telephone number of the officer, manager, or other
person authorized to make records or wildlife inventories available for
examination by Service officials.
(c) Additional license conditions. In addition to the general conditions
set forth in part 13 of this subchapter B, import/export licenses are
subject to the following special conditions:
(1) The licensee shall, from the effective date of the license, keep such
records as will fully and correctly disclose each importation or
exportation of wildlife made by the licensee and the subsequent
disposition made by the licensee with respect to such wildlife. The
records must include a general description of the form of the wildlife,
such as “live,” “raw hides,” or “fur garments;” the quantity of wildlife,
in numbers, weight, or other appropriate measure; the common and
scientific names; the country or place of origin of the wildlife, if
known; the date and place of import or export; the date of the subsequent
disposition of the wildlife; the manner of disposition, whether by sale,
barter, consignment, loan, delivery, destruction, or other means; and the
name and address of the person who received the wildlife pursuant to such
disposition, if applicable;
(2) Licensees shall include and retain in their records copies of all
permits required by the laws and regulations of the United States and any
country of export or origin;
(3) Licensees shall maintain such books and records for a period of five
years;
(4) Subject to applicable limitations of law, licensees must provide duly
authorized Service officers at all reasonable times, upon notice, access
to the licensee's places of business and give an opportunity to examine
the licensee's inventory of imported wildlife and the records required to
be kept under paragraph (c)(1) of this section, and give an opportunity to
copy such records;
(5) Licensees must, upon written request by the Director, submit within 30
days of such request a report containing the information required to be
maintained by paragraph (c)(1) of this section.
(6) An import/export license is only permission to engage in business as
an importer or exporter of wildlife. Such a license is in addition to, and
does not supersede, any other requirement established by law for the
importation or exportation of wildlife.
(7) Licensees agree to pay, as a condition of the license, reasonable user
fees for inspections of commercial wildlife shipments imported or exported
under the authorization of the license.
(d) Duration of license. Any license issued under this section expires on
the date designated on the face of the license. In no case will the
license be valid for more than 1 year from the date of issuance.
(e) Issuance, denial, suspension, revocation, or renewal of license.
Payment of all license and inspection fees shall be a condition of the
license. It shall be grounds for suspension or revocation of any license,
or for denial or renewal of a license, or of grant of a new import/export
license to any person named as the holder, or a principal officer or agent
of a holder, of a previous license issued pursuant to this subpart, that
any license fees or any fees owing for inspections of wildlife shipments
remain unpaid at the time of application for renewal or of new
application. Additional provisions governing the issuance, denial,
suspension, revocation, and renewal of an import/export license are found
in part 13 of this subchapter B.
[45 FR 56673, Aug. 25, 1980, as amended at 50 FR 52890, Dec. 26, 1985; 61
FR 31871, June 21, 1996]
§ 14.94
What fees apply to me?
top
(a) License and inspection fees. We will impose a yearly fee for a license
pursuant to §14.93. In addition, you must pay an inspection fee for each
wildlife shipment imported into or exported from the United States at a
designated port. If you import into or export from the United States
wildlife shipments meeting the criteria outlined in paragraph (e) of this
section, you are exempt from the designated port inspection fee, or
nondesignated port administrative fee and hourly minimums, whichever
apply. However, you must pay applicable overtime fees and permit fees.
(b) Designated port overtime fees. The Service may charge importers or
exporters of wildlife, regardless of being licensed as a commercial
importer or exporter, a fee for overtime for inspections that begin before
normal working hours, that extend beyond normal working hours, or are on a
holiday, Saturday, or Sunday if the importer/exporter requested that the
inspection be performed outside normal work hours. Overtime fees consist
of an increased hourly rate equal to 11/2times the average hourly rate of
a journeyman level wildlife inspector. Overtime fees will be in addition
to inspection fees imposed for license holders at designated ports. If an
importer/exporter presents a shipment for inspection during normal work
hours but the Service cannot perform the inspection during normal work
hours on that day, the service will give the importer/exporter the option
of performing the inspection later during normal work hours or charging
for overtime. The Service's ability to perform inspections during overtime
hours will depend on the availability of Service personnel. The Service
will use the following parameters when calculating the overtime fee:
(1) Inspection overtime commences when a Service officer departs that
officer's residence or official duty station enroute to the inspection
site or at the end of normal work hours. Inspection overtime terminates
when the officer returns to the point of departure or official duty
station or when the inspection is completed, whichever occurs later.
(2) For an inspection at a designated port beginning less than 1 hour
before normal work hours, the Service will charge 1 hour of time, at an
hourly rate of 11/2times the average hourly rate of a journeyman level
Wildlife Inspector. For all other overtime inspections at a designated
port the Service will charge a minimum of 2 hours of time, at an hourly
rate of 11/2times the average hourly rate of a journeyman level Wildlife
Inspector, except that for all inspections performed on a federal holiday
the Service will charge a minimum of 2 hours at twice the average hourly
rate of a journeyman level Wildlife Inspector.
(3) The Service will charge any inspection time in excess of the 2-hour
minimum in quarter hour increments at the same hourly rate as the first 2
hours. The Service will round up inspection time of 10 minutes or more to
the next quarter hour and will disregard any time less than 10 minutes.
(4) The fee schedule will apply to all inspections regardless of
importer/exporter of record, except, that the Service will charge multiple
shipments consigned to the same importer/exporter and inspected at one
location one 2-hour minimum or actual time, whichever is greater.
(c) Nondesignated port fees. The Service will charge permittees issued
permits under subpart C of this part, and licensed commercial importers
and exporters a fee for inspections at nondesignated ports. The fees
consist of a flat administrative fee plus a minimum of two hours of time
at staffed nondesignated ports. The Service will use the following
parameters when calculating fees:
(1) During normal working hours the Service will charge permittees issued
permits under subpart C of this part, regardless of being licensed as a
commercial importer or exporter, an administrative fee plus a minimum of 2
hours of time at the average hourly rate of a journeyman level wildlife
inspector. The Service will charge permittees requesting clearance outside
normal working hours, including Saturday and Sunday, an administrative fee
plus a minimum of 2 hours of time at 11/2times the average hourly rate of
a journeyman level wildlife inspector, except that for all inspections
performed on a federal holiday the Service will charge a minimum of 2
hours at twice the average hourly rate of a journeyman level wildlife
inspector.
(2) The Service will charge any inspection time in excess of the 2-hour
minimum in quarter hour increments at the same hourly rate as the first 2
hours. The Service will round up inspection time of 10 minutes or more to
the next quarter hour and will disregard any time less than 10 minutes.
(3) The Service will not charge importers or exporters who are not
required to have a permit under subpart C of this part, except that the
Service will charge licensed importers or exporters an administrative fee
only during normal working hours, and overtime hourly rates and minimums
will apply outside normal working hours.
(4) For inspections performed under a permit issued under subpart C of
this part at nondesignated ports with no permanent Service law enforcement
staff, the Service will charge all costs associated with inspection and
clearance, including, salary, travel and transportation costs, and per
diem.
(d) Schedule.
General Fees
Import/Export license fee$50 per year.
Inspection fee$55 per shipment.
Inspection Fee Schedule
Designated ports: Licensees:
Inspections during normal work hours$55 Inspection fee.
Inspections beginning less than 1 hour before normal work hours$55
Inspection fee plus $30.
Inspections beginning more than 1 hour before normal work hours$55
Inspection fee plus 2 hour minimum at $30/hr.
Inspections after normal work hours (including Saturdays and
Sundays)$55 Inspection fee plus 2 hour minimum at $30/hr.
Inspections on federal holidays$55 Inspection fee plus 2 hour
minimum at $40/hr.
Designated ports: Nonlicensees:
Inspection during normal work hoursNo charge.
Inspections beginning outside normal work hours2 hour minimum at
$30/hr.
Staffed nondesignated ports: Subpart C permit holders, regardless of
license status:
Inspections during normal work hours$55 Administrative fee plus 2
hour minimum at $20/hr.
Inspections beginning outside normal work hours (including Saturdays
and Sundays)$55 Administrative fee plus 2 hour minimum at $30/hr.
Inspections on federal holidays$55 Administrative fee plus 2 hour
minimum at $40/hr.
Nonstaffed nondesignated ports:$55 Administrative fee plus all costs
associated with inspection and clearance.
Staffed nondesignated ports: No subpart C permit required
(Border/Special Ports):
Import/export license holders$55 Administrative fee.
All othersNo charge.
(1) The Service will not refund any fee or any portion of any license or
inspection fee or excuse payment of any fee because importation or
clearance of wildlife shipment is refused for any reason.
(2) [Reserved]
(e) Your wildlife shipments meeting all of the following criteria are
exempt from the designated port inspection fee or nondesignated port
administrative fee and hourly minimums:
(1) The wildlife you are shipping does not require permits under parts 16,
17, 18, 21, 22, or 23 of this subchapter;
(2) You are importing or exporting wildlife between the United States and
Canada or Mexico;
(3) The wildlife you are shipping consists of raw fur, raw, salted, or
crusted hides or skins, or separate parts thereof, lawfully taken from the
wild in the United States, Canada, or Mexico;
(4) You, as the importer or exporter of record, or a member of your
immediate family (your spouse, parents, siblings, and children), took the
wildlife from the wild;
(5) You are licensed in accordance with §14.91;
(6) You have not previously bought or sold the wildlife or any part
thereof being shipped;
(7) Your shipment does not exceed 100 raw furs, raw, salted, or crusted
hides or skins, or separate parts thereof;
(8) Your shipment does not contain any manufactured products or live
animals.
(9) You certify that your shipment meets the criteria in this paragraph.
[61 FR 31871, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]
Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals
and Birds to the United States
top
Source:
57 FR 27108, June 17, 1992, unless otherwise noted.
§ 14.101
Purposes.
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The purpose of this subpart is to prescribe requirements necessary to
ensure that live wild mammals and birds shipped to the United States
arrive alive, healthy, and uninjured, and that transportation of such
animals occurs under humane and healthful conditions. These regulations
implement section 9(d) of the Lacey Act Amendments of 1981.
§ 14.102
Definitions.
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In addition to the definitions contained in part 10 of subchapter B of
this chapter, in this subpart—
Ambient air temperature means the temperature of the air surrounding a
primary enclosure containing a wild mammal or bird.
Auxiliary ventilation means cooling or air circulation provided by such
means as vents, fans, blowers, or air conditioning.
Carrier means any person operating an airline, railroad, motor carrier,
shipping line, or other enterprise engaged in the business of transporting
any wild mammal or bird for any purpose including exhibition and for any
person, including itself.
Communicable disease means any contagious, infectious, or transmissible
disease of wild mammals or birds.
Conveyance means any vehicle, vessel, or aircraft employed to transport an
animal between its origin and destination.
Do not tip means do not excessively rock or otherwise move from a vertical
to a slanting position, knock over, or upset.
Handle means feed, manipulate, crate, shift, transfer, immobilize,
restrain, treat, or otherwise control the movement or activities of any
wild mammal or bird.
Holding area means a designated area at or within a terminal facility that
has been specially prepared to provide shelter and other requirements of
wild mammals or birds being transported to the United States and in which
such mammals or birds are maintained prior to, during, or following such
shipment.
Kept clean means maintained free from dirt, trash, refuse, excreta,
remains from other cargo, and impurities of any type.
Marine mammal means an individual of a species of the orders Cetacea,
Pinnipedia, or Sirenia, or a polar bear ( Ursus maritimus ) or sea otter (
Enhydra lutris ).
Noncompatible means not capable of existing together in harmony.
Nonhuman primate means any nonhuman member of the order Primates.
Normal rigors of transportation means the stress that a wild animal can be
expected to experience as a result of exposure to unaccustomed
surroundings, unfamiliar confinement, caging, unfamiliar sounds, motion,
and other conditions commonly encountered during transport.
Primary enclosure means any structure used to restrict a mammal or bird to
a limited amount of space, such as a cage, room, pen, run, stall, pool, or
hutch.
Professionally accepted standards means a level of practice established as
acceptable by a body of qualified persons of the veterinary medical
profession.
Psychological trauma means an episode of exposure to stressful conditions
resulting in significant behavioral abnormality including, but not limited
to, manifestations of unaccustomed aggressiveness, self-mutilation, or
refusal of food or water.
Raptor means a live migratory bird of the order Falconiformes or the order
Strigiformes.
Sanitize means to make physically clean and, as far as possible, free of
toxic or infectious agents injurious to the health of wild mammals or
birds.
Scheduled departure time means the time listed on a timetable of
departures and arrivals or, in the absence of a timetable, the time of
departure agreed to by a carrier and shipper.
Shipper means any person, other than a carrier, involved in the transport
of wild animals to the United States regardless of the purpose of such
transport; e.g., exporter, importer, or agent.
Terrestrial mammals means mammals other than marine mammals.
Transport means to move, convey, carry, or ship by any means, or to
deliver or receive for the purpose of movement, carriage, or shipment, by
air, land, or sea.
Transporting device means any vehicle or device used to transport an
animal between a conveyance and a terminal facility, in and around a
terminal facility of a carrier, or within a conveyance.
Unweaned means a bird or mammal incapable of feeding itself independently.
Wild means the same as fish or wildlife, as defined in §10.12 of this
chapter.
§ 14.103
Prohibitions.
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Unless the requirements of this subpart are fully satisfied and all other
legal requirements are met, it is unlawful for any person to transport to
the United States, cause to be transported to the United States, or allow
to be transported to the United States any live wild mammal or bird. It
shall be unlawful for any person to import, to transport, or to cause or
permit to be transported to the United States any wild mammal or bird
under inhumane or unhealthful conditions or in violation of this subpart
J.
§ 14.104
Translations.
top
Any certificate or document required by this subpart to accompany a mammal
or bird transported to the United States and written in a foreign language
must be accompanied by an accurate English translation.
§ 14.105
Consignment to carrier.
top
(a) No carrier shall accept any live wild mammal or bird for transport to
the United States that has not been examined within 10 days prior to
commencement of transport to the United States by a veterinarian certified
as qualified by the national government of the initial country from which
the mammal or bird is being exported. If the national government of such
country does not certify veterinarians, then the veterinarian must be
certified or licensed by a local government authority designated by the
national government as authorized to certify veterinarians.
(b)(1) A certificate of veterinary medical inspection, signed by the
examining veterinarian, stating that the animal has been examined, is
healthy, appears to be free of any communicable disease, and is able to
withstand the normal rigors of transport must accompany the mammal or
bird; the certificate should include the veterinarian's license number,
certification number, or equivalent. A mammal in the last third of its
pregnancy, if this is detectable using professionally accepted standards,
shall not be accepted for transport to the United States except for
medical treatment and unless the examining veterinarian certifies in
writing that the animal has been examined, the state of pregnancy has been
evaluated, and that, despite the medical condition requiring treatment,
the animal is physically able to withstand the normal rigors of
transportation to the United States.
(2) A nursing mother with young, an unweaned mammal unaccompanied by its
mother, or an unweaned bird shall be transported only if the primary
purpose is for needed medical treatment and upon certification in writing
by the examining veterinarian that the treatment is necessary and the
animal is able to withstand the normal rigors of transport. Such an
unweaned mammal or bird shall not be transported to the United States for
medical treatment unless it is accompanied at all times by and completely
accessible to a veterinary attendant.
(c) A sick or injured wild mammal or bird shall be permitted transport to
the United States only if the primary purpose of such transport is for
needed medical treatment and upon certification in writing by the
examining veterinarian that the treatment is necessary and the animal is
able to withstand the normal rigors of travel in its present condition. A
sick or injured animal shall be accompanied at all times throughout the
transport process by a veterinary attendant qualified to care for and
treat it, with continuous access to the animal. This individual shall be
in possession of or have ready access to all medications to be
administered during the transport.
(d) No carrier shall accept any wild mammal or bird for transport to the
United States presented by the shipper less than 2 hours or more than 6
hours prior to the scheduled departure of the conveyance on which it is to
be transported. The carrier shall notify the crew of the presence of live
animal shipments.
§ 14.106
Primary enclosures.
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No carrier shall accept for transport to the United States any live wild
mammal or bird in a primary enclosure that does not conform to the
following requirements:
(a) The Container Requirements of the Live Animal Regulations (LAR), 20th
edition, October 1, 1993, published by the International Air Transport
Association (IATA) shall be complied with by all parties transporting wild
mammals or birds to the United States. The incorporation by reference of
the LAR was approved by the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from IATA,
2000 Peel St., Montreal, Quebec, Canada H3A 2R4. Copies may be inspected
at the U.S. Fish and Wildlife Service, 4401 N. Fairfax Dr., Arlington, VA
22203 or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call
202–741–6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locatio
ns.html.
(b) A primary enclosure shall be constructed so that—
(1) The strength of the enclosure is sufficient to contain the mammal or
bird and to withstand the normal effects of transport;
(2) The interior of the enclosure is free from any protrusion that could
be injurious to the mammal or bird within;
(3) No part of the animal can extend or protrude outside of the primary
enclosure which may result in injury to the contained animal, to nearby
persons or animals, or to handlers of the primary enclosure;
(4) Access to the primary enclosure is closed and secured with an
animal-proof device designed to prevent accidental opening and release of
the mammal or bird;
(5) The opening of the enclosure is easily accessible for either emergency
removal or inspection of the mammal or bird by authorized personnel
without the risk of escape of the mammal or bird;
(6) The enclosure has sufficient openings to ensure adequate circulation
of air at all times.
(7) The material of which the primary enclosure is constructed is not
treated with any paint, preservative, or other chemical that is injurious
or otherwise harmful to the health or well-being of mammals and birds.
(c) Unless the enclosure is permanently affixed in the conveyance or has
an open top for certain large mammals, spacer bars allowing circulation of
air around the enclosure shall be fitted to the exterior of its top,
sides, and base. Spacer bars on an enclosure need extend no more than 6
inches (15 centimeters) from the surface of the enclosure. Within this 6
inch limit, the spacers on an enclosure containing one animal shall extend
a distance equal to at least 10 percent of the longer dimension of the
surface to which they are attached, and the spacers on an enclosure
containing more than one animal shall extend a distance equal to at least
20 percent of the longer dimension of the surface to which they are
attached. Hand-holds may serve as spacer bars for the sides of the
enclosure to which they are attached. A primary enclosure constructed with
one or more slanted or curved walls containing ventilation openings need
not be fitted with spacer bars on such walls.
(d) An enclosure that is not permanently affixed within the conveyance
shall have adequate hand-holds or other devices for lifting by hand or to
facilitate lifting and carrying by machine. Such hand-holds or other
devices shall be made an integral part of the enclosure, shall enable it
to be lifted without excessive tipping, and shall be designed so that the
person handling the enclosure will not come in contact with the animals
contained therein.
(e) An enclosure shall have a solid, leak-proof bottom or removable,
leak-proof collection tray under a slatted or wire mesh floor. The slatted
or wire mesh floor shall be designed and constructed so that the spaces
between the slats or the holes in the mesh cannot trap the limbs of
animals contained within the enclosure. An enclosure for mammals shall
contain unused absorbent litter on the solid bottom or in the leak-proof
tray in sufficient quantity to absorb and cover excreta. This litter shall
be safe and nontoxic and shall not resemble food normally consumed by the
mammals. An enclosure used to transport marine mammals in water, in a
waterproof enclosure, a sling, or on foam is exempt from the requirement
to contain litter. An enclosure used to transport birds shall not contain
litter, unless it is specified in writing by the examining veterinarian as
medically necessary.
(f) If an enclosure has been previously used to transport or store wild
mammals or birds, it shall have been cleaned and sanitized in a manner
that will destroy pathogenic agents and pests injurious to the health of
mammals and birds before the enclosure can be re-used.
(g) An enclosure that is not permanently affixed in the conveyance shall
be clearly marked in English on the outside of the top and one or more
sides of the enclosure, in letters not less than 2.5 centimeters (1 inch)
in height, “Live Animals” or “Wild Animals”, “Do Not Tip,” “Only
Authorized Personnel May Open Container,” and other appropriate or
required instructions. All enclosure sides shall also be conspicuously
marked on the outside with arrows to indicate the correct upright position
of the enclosure. These arrows should extend up the sides of the enclosure
so that the point of the arrow is visible and clearly indicates the top of
the enclosure.
(h) Food and water instructions as specified in §14.108, information
regarding what constitutes obvious signs of stress in the species being
transported, and information about any drugs or medication to be
administered by the accompanying veterinary attendant shall be securely
attached to each enclosure. Copies of shipping documents accompanying the
shipment shall also be securely attached to the primary enclosure.
Original documents shall be carried in the carrier's pouch or manifest
container or by the shipper's attendant accompanying the wild mammal or
bird.
(i) Any food and water troughs shall be securely attached to the interior
of the enclosure in such a manner that the troughs can be filled from
outside the enclosure. Any opening providing access to a trough shall be
capable of being securely closed with an animal-proof device. A water
trough in an enclosure containing birds shall contain a foam or sponge
insert, a perforated wooden block, or other suitable device to prevent
spillage or drowning.
(j) When a primary enclosure is permanently affixed within a conveyance so
that its front opening is the only source of ventilation, the opening
shall face the outside of the conveyance or an unobstructed aisle or
passageway within the conveyance. Such an aisle or passageway shall be at
least 12 inches (30 centimeters) wide. The opening in the primary
enclosure shall occupy at least 90 percent of the total surface area of
the front wall of the enclosure and be covered with bars or wire mesh.
[57 FR 27108, June 17, 1992, as amended at 59 FR 36719, July 19, 1994; 69
FR 18803, Apr. 9, 2004]
§ 14.107
Conveyance.
top
(a) The animal cargo space of a conveyance used to transport wild mammals
or birds to the United States shall be designed, constructed, and
maintained so as to ensure the humane and healthful transport of the
animals.
(b) The cargo space shall be constructed and maintained so as to prevent
the harmful ingress of engine exhaust fumes and gases produced by the
conveyance.
(c) No wild mammal or bird shall be placed in a cargo space of a
conveyance that does not provide sufficient air for it to breathe
normally. Primary enclosures shall be positioned in a cargo space in such
a manner that each animal has access to sufficient air for normal
breathing.
(d) The interior of an animal cargo space shall be kept clean of
disease-causing agents.
(e) A wild mammal or bird shall not be transported in a cargo space that
contains any material, substance, or device that may reasonably be
expected to result in inhumane conditions or be injurious to the animal's
health unless all reasonable precautions are taken to prevent such
conditions or injury.
§ 14.108
Food and water.
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(a) No carrier shall accept any wild mammal or bird for transport to the
United States unless written instructions from the shipper concerning the
animal's food and water requirements are securely affixed to the outside
of its primary enclosure. Such instructions shall be consistent with
professionally accepted standards of care and include specifically the
quantity of water required, the amount and type of food required, and the
frequency of feeding and watering necessary to ensure that the animal is
transported humanely and healthfully.
(b) A mammal or bird requiring drinking water shall have uncontaminated
water suitable for drinking made available to it at all times prior to
commencement of transport to the United States, during intermediate
stopovers, and upon arrival in the United States, or as directed by the
shipper's written instructions.
(c) A mammal or bird that obtains moisture from fruits or other food shall
be provided such food prior to commencement of transport to the United
States, during stopovers, and upon arrival in the United States, or as
directed by the shipper's written instructions.
(d) During a stopover or while still in the custody of the carrier after
arrival in the United States, a mammal or bird in transit shall be
observed no less frequently than once every four hours and given food and
water according to the instructions required by §14.108(a).
(e) Suitable and sufficient food shall be made available during transport.
(f) Additional requirements for feeding and watering particular kinds of
animals are found below in the specifications for the various groups.
§ 14.109
Care in transit.
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(a) During transportation to the United States, including any stopovers
during transport, the carrier shall visually inspect each primary
enclosure not less than once every 4 hours, or in the case of air
transport, every 4 hours whenever the cargo hold is accessible. During
such inspections, the carrier shall verify that the ambient air
temperature is within allowable limits (see §14.109(b)), that enclosures
have not been damaged, that adequate ventilation is being provided, and
when transport is by air, that air pressure suitable to support live
animals is maintained within the cargo area (pressure equivalent to a
maximum altitude of 8000 feet). During these observations the carrier
shall also determine whether any animals are in obvious distress as
described in documents attached to the enclosure. The absence of such a
document or the absence of information as to signs of distress shall not
remove this responsibility. The carrier shall attempt to correct any
condition causing distress and shall consult the shipper concerning any
possible need for veterinary care if no veterinary attendant is traveling
with the shipment; if the shipper cannot be reached in the case of an
emergency, qualified veterinary care should be provided. A veterinarian or
qualified attendant traveling with the shipment shall be provided access
to the animal.
(b) Unless otherwise specified in writing by the examining veterinarian
the ambient air temperature in a holding area, transporting device,
conveyance or terminal facility containing mammals or birds shall not be
allowed to fall below 12.8 degrees C (55 degrees F) nor to exceed 26.7
degrees C (80 degrees F). Auxiliary ventilation shall be provided when the
ambient air temperature is 23.9 degrees C (75 degrees F) or higher. In the
case of penguins and auks, the ambient air temperature shall not be
allowed to exceed 18.3 degrees C (65 degrees F) at any time, and auxiliary
ventilation shall be provided when the ambient air temperature exceeds
15.6 degrees C (60 degrees F). In the case of polar bears and sea otters,
ambient air temperature shall not be allowed to exceed 10 degrees C (50
degrees F).
§ 14.110
Terminal facilities.
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(a) Any terminal facility used for wild mammal or bird transport in the
country of export, stopover countries, or the United States shall contain
an animal holding area or areas. No carrier or shipper shall co-mingle
live animal shipments with inanimate cargo in an animal holding area.
(b) A carrier or shipper holding any wild mammal or bird in a terminal
facility shall provide the following:
(1) A holding area cleaned and sanitized so as to destroy pathogenic
agents, maintained so that there is no accumulation of debris or excreta,
and in which vermin infestation is minimized;
(2) An effective program for the control of insects, ectoparasites, and
pests of mammals or birds;
(3) Sufficient fresh air to allow the animals to breathe normally with
ventilation maintained so as to minimize drafts, odors, and moisture
condensation;
(4) Ambient air temperatures maintained within prescribed limits as
specified in §14.109(b).
§ 14.111
Handling.
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(a) Care shall be exercised to avoid handling the primary enclosure in a
manner likely to cause physical or psychological trauma to the mammal or
bird.
(b) A primary enclosure used to move any mammal or bird shall not be
dropped, tipped excessively, or otherwise mishandled, and shall not be
stacked or placed in a manner that may reasonably be expected to result in
its falling or being tipped.
(c) Animals incompatible with one another shall not be crated together or
held in close proximity.
(d) Transport of mammals or birds to the United States shall be
accomplished by the carrier in the most expeditious manner, with the
fewest stopovers possible, and without unnecessary delays.
(e) Consistent with other procedures and requirements of the carrier, live
wild mammals or birds shall be last loaded and first unloaded from a
conveyance.
(f) A carrier shall not allow mammals or birds to remain for extended
periods of time outside a holding area and shall move them between a
holding area and a conveyance as expeditiously as possible. A carrier or
shipper maintaining mammals or birds in a holding area, or transporting
them to or from a holding area or between a holding area and a conveyance,
shall provide the following:
(1) Shelter from sunlight. When sunlight is likely to cause overheating or
discomfort, sufficient shade shall be provided to protect animals from the
direct rays of the sun.
(2) Shelter from precipitation. Animals shall be provided protection so
that they remain dry during rain, snow, or other forms of precipitation.
(3) Shelter from cold. Animals shall be provided protection from cold.
Protection shall include, but not be limited to, that provided by covering
and/or heating of transporting devices, holding areas, conveyances or
terminal facilities.
(4) Protection from harassment. Animals shall be protected from
disturbances, including, but not limited to, harassment by humans, other
animals, or machinery that makes noise, emits fumes, heat, or light, or
causes vibration.
§ 14.112
Other applicable provisions.
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In addition to the provisions of §§14.101–14.111, the requirements of
§§14.121–14.172 applicable for particular groups of animals shall be met
for all shipments of wild mammals and birds covered by this part.
Specifications for Nonhuman Primates
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§ 14.121
Primary enclosures.
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(a) No more than one primate shall be transported in a primary enclosure.
However, a mother and her nursing young being transported to the United
States for medical treatment, an established male-female pair, a family
group, a pair of juvenile animals that have not reached puberty, or other
pairs of animals that have been habitually housed together may be shipped
in the same primary enclosure. Primates of different species shall not be
shipped together in the same enclosure.
(b) A primary enclosure used to transport a primate shall be large enough
to ensure that the animal has sufficient space to turn around freely in a
normal manner, lie down, stand up (as appropriate for the species), and
sit in a normal upright position without its head touching the top of the
enclosure. However, a primate may be restricted in its movements according
to professionally accepted standards of care when greater freedom of
movement would constitute a danger to the primate or to its handler or
other persons.
(c) Except as provided in §14.106(j), ventilation openings must be located
on at least two walls of a primary enclosure. When the required
ventilation openings are located on two opposite walls of the primary
enclosure, these ventilation openings shall comprise at least 30 percent
of the total surface area of the ventilated wall and be situated above the
midline of the enclosure. If ventilation openings are located on all four
walls of the enclosure, the openings on each wall shall comprise at least
20 percent of the total surface area of the wall and be situated above the
midline of the primary enclosure.
§ 14.122
Food and water.
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(a) A nonhuman primate shall be provided water suitable for drinking
within 4 hours prior to commencement of transport to the United States
unless the shipper's written instructions direct otherwise. A carrier
shall provide suitable drinking water to any primate at least every 12
hours after acceptance for transport to the United States, unless
instructed in writing to do so more frequently by the shipper.
(b) After acceptance for transport, and unless otherwise instructed in
writing by the shipper, a carrier shall provide suitable food to any
nonhuman primate at least once every 12 hours.
§ 14.123
Care in transit.
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(a) A primate shall be observed for signs of distress and given food and
water according to the shipper's instructions during any intermediate stop
that lasts more than 4 hours.
(b) Care shall be taken to keep enclosures containing primates
sufficiently separated in the conveyance or holding area to minimize the
risk of spread of disease from one species or shipment to another.
Specifications for Marine Mammals (Cetaceans, Sirenians, Sea Otters,
Pinnipeds, and Polar Bears)
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§ 14.131
Primary enclosures.
top
(a) A primary enclosure that is not open on top shall have air inlets
situated at heights that provide cross ventilation at all levels and that
are located on all four sides of the enclosure. Such ventilation openings
shall comprise not less than 20 percent of the total surface area of each
side of the enclosure.
(b) Straps, slings, harnesses, or other such devices used for body support
or restraint when transporting marine mammals such as cetaceans or
sirenians shall meet the following requirements:
(1) The devices shall not prevent attendants from having access to the
mammal to administer care during transportation;
(2) The devices shall be equipped with sufficient padding to prevent
trauma or injury at points of contact with the mammal's body;
(3) Slings or harnesses shall allow free movement of flippers outside of
the harness or sling;
(4) The devices shall be capable of preventing the mammal from thrashing
about and causing injury to itself, handlers, or other persons, but shall
be designed so as not to cause injury to the mammal.
(c) A primary enclosure used to transport marine mammals shall be large
enough to assure the following:
(1) A sea otter or polar bear has sufficient space to turn about freely
with all four feet on the floor and to sit in an upright position, stand,
or lie in a natural position;
(2) A pinniped has sufficient space to lie in a natural position;
(3) If a sling, harness, or other supporting device is used, there are at
least 3 inches (7.5 centimeters) of clearance between any body part and
the primary enclosure;
(d) A marine mammal may be restricted in its movements according to
professionally accepted standards of care when freedom of movement would
constitute a danger to the animal or to handlers or other persons.
(e) All marine mammals contained in a given primary enclosure shall be of
the same species and be maintained in compatible groups. A marine mammal
that has not reached puberty shall not be transported in the same primary
enclosure with an adult marine mammal other than its mother. Socially
dependent animals (e.g., siblings, mother, and offspring) transported in
the same conveyance shall be allowed visual and, when appropriate for the
species, olfactory contact. A female marine mammal shall not be
transported in the same primary enclosure with any mature male marine
mammal.
§ 14.132
Food and water.
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A marine mammal shall not be transported for more than a period of 36
hours without being offered suitable food unless the shipper's written
instructions or the shipper's attendant travelling with the mammal direct
otherwise. After feeding, a marine mammal shall be rested for 6 hours
prior to resuming transport.
§ 14.133
Care in transit.
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(a) Any marine mammal shall be accompanied, in the same conveyance, by the
shipper or an authorized representative of the shipper knowledgeable in
marine mammal care to provide for the animal's health and well-being. The
shipper or representative shall observe such marine mammals to determine
whether or not they need veterinary care and shall provide or obtain any
needed veterinary care as soon as possible. Care during transport shall
include the following (on a species-specific basis):
(1) Keeping the skin moist or preventing the drying of the skin by such
methods as covering with wet cloths, spraying it with water or applying a
nontoxic emollient;
(2) Assuring that the pectoral flippers (when applicable) are allowed
freedom of movement at all times;
(3) Making adjustments in the position of the mammal when necessary to
prevent necrosis of the skin at weight pressure points; and
(4) Calming the mammal to prevent struggling, thrashing, and other
activity that may cause overheating or physical trauma.
(b) Unless otherwise directed by a shipper or authorized representative,
at least one-half of the floor area in a primary enclosure used to
transport sea otters to the United States shall contain sufficient crushed
ice or ice water to provide each otter with moisture necessary to maintain
its hair coat by preventing it from drying and to minimize soiling of the
hair coat with urine and fecal material.
(c) A marine mammal exhibiting excited or otherwise dangerous behavior
shall not be taken from its primary enclosure except under extreme
emergency conditions and then only by the shipper or other authorized
individual who is capable of handling the animal safely.
Specifications for Elephants and Ungulates
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§ 14.141
Consignment to carrier.
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Species that grow antlers shall not be accepted for transport unless the
antlers have been shed or surgically removed.
§ 14.142
Primary enclosures.
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(a) Except as provided in §14.106(j), ventilation openings must be located
on at least two walls of a primary enclosure. When the required
ventilation openings are located on two opposite walls of the primary
enclosure, these ventilation openings shall comprise at least 16 percent
of the total surface area of each ventilated wall. When ventilation
openings are located on all four walls of the primary enclosure, the
openings shall comprise at least 8 percent of the total surface area of
each wall. At least one-third of the minimum area required for ventilation
shall be located on the lower one-half of the primary enclosure and at
least one-third of the total minimum area required for ventilation shall
be located on the upper one-half of the primary enclosure.
(b) No more than one elephant or ungulate shall be transported in a
primary enclosure, except that: a mother and nursing young may be shipped
in the same primary enclosure if the shipment complies with the provisions
of §14.105(b); in the case of land or sea transport, a pair of juvenile
elephants or ungulates or other pairs that have been habitually housed
together may be shipped in the same primary enclosure.
(c) A primary enclosure used to transport an elephant or ungulate shall be
large enough to allow the animal to lie or stand in a natural upright
position with the head extended, but not large enough for the animal to
roll over.
(d) A primary enclosure used to transport an elephant or ungulate with
horns or tusks shall be designed and constructed to prevent the horns or
tusks from becoming trapped or injuring the animal itself, other animals
nearby, attendants, or cargo handlers.
(e) A primary enclosure for an elephant or ungulate shall be equipped with
a removable water trough that can be securely hung within the enclosure
above the floor and can be filled from outside the enclosure.
Specifications for Sloths, Bats, and Flying Lemurs (Cynocephalidae)
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§ 14.151
Primary enclosures.
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(a) Except as provided in §14.106(j), ventilation openings must be located
on at least two walls of a primary enclosure. When the required
ventilation openings are located on two opposite walls of the primary
enclosure, these ventilation openings shall comprise at least 16 percent
of the total surface area of the ventilated wall. When ventilation
openings are located on all four walls, the openings shall comprise at
least 8 percent of the total surface area of each wall. At least one-third
of the total minimum area required for ventilation of the primary
enclosure shall be located on the upper one-half of the primary enclosure.
(b) No more than one sloth, bat, or flying lemur (Cynocephalidae) shall be
transported in a primary enclosure. However, a mother and her nursing
young being transported for medical reasons, an established male-female
pair, a family group, a pair of juvenile animals that have not reached
puberty, or other small groups of animals that have been habitually housed
together may be shipped in the same primary enclosure.
(c) A primary enclosure used to transport sloths, bats, or flying lemurs
shall be large enough to ensure that each animal has sufficient space to
move freely and in a normal manner and shall have a wide perch, bar, or
mesh of suitable strength fitted under the top of the enclosure and spaced
from it in such a way that the animals may hang from it freely in a
natural position.
Specifications for Other Terrestrial Mammals
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§ 14.161
Primary enclosures.
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(a) Except as provided in §14.106(j), ventilation openings must be located
on at least two walls of a primary enclosure. When the required
ventilation openings are located on two opposite walls of the primary
enclosure, these ventilation openings shall comprise at least 16 percent
of the total surface area of each ventilated wall. When openings are
located on all four walls of the enclosure, the openings shall comprise at
least 8 percent of the total surface area of each wall. At least one-third
of the minimum area required for ventilation shall be located on the lower
one-half of the enclosure, and at least one-third of the total minimum
area required for ventilation shall be located on the upper one-half of
the enclosure.
(b) No more than one terrestrial mammal (other than rodents) shall be
transported in a primary enclosure. However, a mother and her nursing
young may be shipped in the same primary enclosure if the shipment
complies with the provisions of §14.105(b).
(c) More than one rodent may be transported in the same primary enclosure
if they are members of the same species and are maintained in compatible
groups. Rodents that are incompatible shall be transported in individual
primary enclosures that are stored and transported so they are visually
separated. A female with young being transported for medical reasons shall
not be placed in a primary enclosure with other animals. The following
chart specifies maximum densities minimum space for transporting rodents
that fall within the specified weight limitations. Max. No. refers to
maximum number per primary enclosure; Space/animal refers to minimum area
of floor space per animals. Rodents weighing more than 5,000 grams shall
be transported in individual enclosures.
Density Guidelines for Rodents
Max. No.Space/AnimalHt. of Box
cm/2/in/2/cmin
wt. in grams of rodent:
220 or less2019430156
220–4501238860208
450–100067701202510
1,000–5,00022,3103603012
(d) A primary enclosure used to transport terrestrial mammals shall be
large enough to ensure that each animal has sufficient space to turn
around freely in a normal manner. The height of the primary enclosure
shall provide adequate space for the animal to stand upright in a normal
posture with space above its head. The length of the primary enclosure
shall be great enough to enable the animal to lie in a full prone
position.
Specifications for Birds
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§ 14.171
Consignment to carrier.
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(a) A personally owned pet bird originally transported from the United
States and being returned to this country with its original United States
certificate of veterinary inspection within 60 days of departure may be
accepted by a carrier without a new veterinary examination.
(b) No carrier shall accept for transport to the United States any bird
that was captured in the wild unless a qualified veterinarian, authorized
by the national government of the country from which the bird is being
exported, certifies that the bird has been held in captivity for at least
14 days.
§ 14.172
Primary enclosures.
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(a) A primary enclosure for birds shall have ventilation openings on two
vertical sides that comprise at least 16 percent of the surface area of
each side and are positioned so as to decrease the likelihood of creating
a draft.
(b) Perches shall be provided for birds that rest by perching. The
diameter of the perch shall be sufficient to permit the birds to maintain
a firm, comfortable grip. Perches shall be placed so that droppings do not
fall into food or water troughs or onto other perched birds. There shall
be enough head room to allow the birds to move onto and off the perches
without touching the top of the enclosure.
(c) An enclosure used to transport one or more birds that rest by perching
shall be large enough to ensure that sufficient perch space is available
for all birds to perch comfortably at the same time. No more than 50 birds
that rest by perching shall be transported in one primary enclosure, with
the exception of large birds (longer than 23 cm, or 9 inches), which are
limited to a maximum of 25 per primary enclosure.
(d) A primary enclosure used to transport a raptorial bird shall be large
enough to transport the bird comfortably and to permit it to turn around
without stretching its wings to the fullest extent. Only one raptorial
bird shall be contained in a primary enclosure.
(e) A primary enclosure containing nonraptorial birds that do not rest by
perching shall be large enough for the birds to turn around, to lie down,
to stand erect, and to change posture in a normal manner.
(f) Nectar-feeding birds shall either be transported in a primary
enclosure equipped with feeding bottles accessible from outside the
enclosure for replenishment or hand-carried and fed in accordance with the
written instructions of the shipper.
(g) Birds transported in the same primary enclosure shall be of the same
species and be compatible with one another. Birds that are incompatible
shall be placed in individual primary enclosures and these enclosures
shall not be stored or transported in visual proximity to one another.
File Type | application/pdf |
File Title | Microsoft Word - 50 CFR 14.doc |
Author | HGrey |
File Modified | 2007-06-11 |
File Created | 2007-06-11 |