50 Cfr 15

Title 50: Wildlife and Fisheries

PART 15—WILD BIRD CONSERVATION ACT

Section Contents

Subpart A—Introduction and General Provisions
§
§
§
§

15.1
15.2
15.3
15.4

Purpose of regulations.
Scope of regulations.
Definitions.
Information collection requirements.

Subpart B—Prohibitions and Requirements
§ 15.11
§ 15.12

Prohibitions.
Requirements.

Subpart C—Permits and Approval of Cooperative Breeding Programs
§
§
§
§
§
§

15.21
15.22
15.23
15.24
15.25
15.26

General application procedures.
Permits for scientific research.
Permits for zoological breeding or display programs.
Permits for cooperative breeding.
Permits for personal pets.
Approval of cooperative breeding programs.

Subpart D—Approved List of Species Listed in the Appendices to the
Convention.
§ 15.31
Criteria for including species in the approved list for
captive-bred species.
§ 15.32
Criteria for including species in the approved list for
non-captive-bred species.
§ 15.33
Species included in the approved list.

Subpart E—Qualifying Facilities Breeding Exotic Birds in Captivity
§ 15.41
Criteria for including facilities as qualifying for imports.
[Reserved]
§ 15.42
List of foreign qualifying breeding facilities. [Reserved]

Subpart F—List of Prohibited Species Not Listed in the Appendices to the
Convention
§ 15.51
Criteria for including species and countries in the prohibited
list. [Reserved]
§ 15.52
Species included in the prohibited list. [Reserved]
§ 15.53
Countries of export included in the prohibited list. [Reserved]

Authority:
61 U.S.C. 4901–4916.
Source:
At 58 FR 60536, Nov. 16, 1993, unless otherwise noted.
Subpart A—Introduction and General Provisions
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§ 15.1
Purpose of regulations.
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The regulations in this part implement the Wild Bird Conservation Act of
1992, Pub. L. 102–440, 16 U.S.C. 4901–4916.
§ 15.2
Scope of regulations.
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(a) The regulations in this part apply to all species of exotic birds, as
defined in section 15.3.
(b) The provisions in this part are in addition to, and are not in lieu
of, other regulations of this subchapter B that may require a permit or
prescribe additional restrictions or conditions for the import, export,
reexport, and transportation of wildlife.
§ 15.3
Definitions.
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In addition to the definitions contained in parts 10 and 23 of this
subchapter B, and unless the context requires otherwise, in this part:
Documentation means a description of how scientific information was
collected, including the methodologies used; names and institutions of
individuals conducting the work; dates and locations of any study; and any
published results or reports from the work.
Exotic bird means any live or dead member of the Class Aves that is not
indigenous to the 50 States or the District of Columbia, including any egg
or offspring thereof, but does not include domestic poultry, dead
sport-hunted birds, dead museum specimens, dead scientific specimens,
products manufactured from such birds, or birds in any of the following
families: Phasianidae. Numididae, Cracidae, Meleagrididae, Megapodiidae,
Anatidae, Struthionidae Rheidae, Dromaiinae, and Gruidae.
Indigenous means a species that is naturally occurring, not introduced as
a result of human activity, and that currently regularly inhabits or
breeds in the 50 States or the District of Columbia.
Life cycle means the annual processes involved with breeding, migration,
and all other non-breeding activities.
Person means an individual, corporation, partnership, trust, association,
or any other private entity; or any officer, employee, agent, department,
or instrumentality of the Federal Government, of any State, municipality,
or political subdivision of a State, or of any foreign government; any
State, municipality, or political subdivision of a State; or any other
entity subject to the jurisdiction of the United States.
Species means any species, any subspecies, or any district population
segment of a species or subspecies, and includes hybrids of any species or
subspecies. Hybrids will be treated according to the more restrictive
appendix or category in which either parental species is listed.
Status means a qualitative measure of the vulnerability to extinction or
extirpation of a population at a given time (e.g., endangered, threatened,
vulnerable, non-threatened, or insufficiently known).
Sustainable use means the use of a species in a manner and at a level such
that populations of the species are maintained at biologically viable
levels for the long term and involves a determination of the productive
capacity of the species and its ecosystem, in order to ensure that

utilization does not exceed those capacities or the ability of the
population to reproduce, maintain itself and perform its role or function
in its ecosystem.
Trend means a long-term assessment of any change in the absolute or
relative size of a species' population or habitat over time (e.g.,
increasing, decreasing, at equilibrium, insufficiently known).
United States means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and the Trust Territory of
the Pacific Islands.
[58 FR 60536, Nov. 16, 1993, as amended at 61 FR 2091, Jan. 24, 1996]
§ 15.4
Information collection requirements.
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(a) The Office of Management and Budget approved the information
collection requirements contained in this part 15 under 44 U.S.C. 3507 and
assigned OMB Control Number 1018–0093. 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 necessary to
evaluate permit applications. We will use this information to review
permit applications and make decisions, according to criteria established
in various Federal wildlife conservation statutes and regulations, on the
issuance, suspension, revocation, or denial of permits. You must respond
to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting
requirements to vary from 1 to 4 hours per response, with an average of 2
hours per response, including time for reviewing instructions, gathering
and maintaining data, and completing and reviewing the forms. 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
(1018–0093), Washington, DC 20603.
[63 FR 52634, Oct. 1, 1998]
Subpart B—Prohibitions and Requirements
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§ 15.11
Prohibitions.
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(a) Except as provided under a permit issued pursuant to subpart C of this
part, it is unlawful for any person subject to the jurisdiction of the
United States to commit, attempt to commit, to solicit another to commit,
or to cause to be committed, any of the acts described in paragraphs (b)
through (f) of this section in regard to any exotic bird.
(b) It is unlawful to import into the United States any exotic bird
species listed in the Appendices to the Convention that is not included in
the approved list of species, pursuant to subpart D of this part, except
that this paragraph (b) does not apply to any exotic bird that was bred in
a foreign breeding facility listed as qualifying pursuant to subpart E of
this part.
(c) It is unlawful to import into the United States any exotic bird
species not listed in the Appendices to the Convention that is listed in
the prohibited species list, pursuant to subpart F of this part.
(d) It is unlawful to import into the United States any exotic bird
species from any country included in the prohibited country list, pursuant
to subpart F of this part.
(e) It is unlawful to import into the United States any exotic bird
species from a qualifying facility breeding exotic birds in captivity,

listed pursuant to subpart E of this part, if the exotic bird was not
captive-bred at the listed facility.
(f) It is unlawful for any person subject to the jurisdiction of the
United States to engage in any activity with an exotic bird imported under
a permit issued pursuant to this part that violates a condition of said
permit.
[58 FR 60536, Nov. 16, 1993, as amended at 59 FR 62255, Dec. 2, 1994]
§ 15.12
Requirements.
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(a) No person shall import into the United States any exotic bird except
as may be permitted under the terms of a valid permit issued pursuant to
the provisions of subpart C of this part and 50 CFR part 13, or in
accordance with the provisions of subparts D–F of this part 15, or in
accordance with the provisions of paragraph (b) of this section.
(b) Any exotic bird can be imported to the United States if it was legally
exported from the United States with a permit issued by the Service's
Office of Management Authority, provided that the import is by the same
person who exported the bird, the import is accompanied by a copy of the
cleared CITES export permit or certificate issued by the Service that was
used to export the exotic bird, and the Service is satisfied that the same
bird is being imported as is indicted on the aforementioned permit or
certificate.
Subpart C—Permits and Approval of Cooperative Breeding Programs
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§ 15.21
General application procedures.
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(a) The Director may issue a permit authorizing the importation of exotic
birds otherwise prohibited by §15.11, in accordance with the issuance
criteria of this subpart, for the following purposes only: Scientific
research; zoological breeding or display programs; cooperative breeding
programs designed to promote the conservation and maintenance of the
species in the wild; or personally owned pets accompanying persons
returning to the United States after being out of the country for more
than 1 year.
(b) Additional requirements as indicated in parts 13, 14, 17, 21, and 23
of this subchapter must also be met.
(c) A person wishing to obtain a permit under this subpart or approval of
cooperative breeding programs under this subpart submits an application to
the Director, U.S. Fish and Wildlife Service (Attention: Office of
Management Authority), 4401 N. Fairfax Drive, Room 700, Arlington, VA
22203. Each application must contain the general information and
certification required in §13.12(a) of this subchapter, and all of the
information specified in the applicable section §§15.22 through 15.26.
[58 FR 60536, Nov. 16, 1993, as amended at 63 FR 52634, Oct. 1, 1998]
§ 15.22
Permits for scientific research.
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(a) Application requirements for permits for scientific research. Each
application shall provide the following information and such other
information that the Director may require:
(1) A description of the exotic bird(s) to be imported, including:
(i) The common and scientific names of the species, number, age or age
class, and, when known, sex; and
(ii) A statement as to whether, at the time of the application, the exotic
bird is still in the wild, has already been removed from the wild, or was
bred in captivity;
(2) If the exotic bird is in the wild or was taken from the wild, include:
(i) The country and region where the removal will occur or occurred;

(ii) A description of the status of the species in the region of removal;
and
(iii) A copy of any foreign collecting permit or authorizing letter, if
applicable;
(3) If the exotic bird was bred in captivity, include:
(i) Documents or other evidence that the bird was bred in captivity,
including the name and address of the breeder, and when known, hatch date
and identity of the parental birds; and
(ii) If the applicant is not the breeder, documentation showing the bird
was acquired from a breeder and a history of multiple transactions, if
applicable:
(4) A statement of the reasons the applicant is justified in obtaining a
permit, and a complete description of the scientific research to be
conducted on the exotic bird requested, including:
(i) Formal research protocol with timetable;
(ii) The relationship of such research to the conservation of the species
in the wild;
(iii) A discussion of possible alternatives and efforts to obtain birds
from other sources; and
(iv) Plans for disposition of the exotic birds and any progeny upon
completion of the research project;
(5) Qualifications of the scientific personnel conducting the proposed
research, including applicable experience and a description of relevant
past research conducted;
(6) A description of the care and maintenance of the exotic bird, and how
the facility meets professionally recognized standards, including;
(i) The name and address of the facility where the exotic bird will be
maintained;
(ii) Dimensions of existing enclosures for the birds to be imported and
number of birds to be housed in each; and
(iii) Husbandry practices.
(b) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a) of this section, the Director will decide
whether or not a permit should be issued. In making this decision, the
Director shall consider, in addition to the general criteria in part 13 of
this subchapter, the following factors;
(1) Whether the purpose of the scientific research is adequate to justify
removing the exotic bird from the wild or otherwise changing its status;
(2) Whether the proposed import would be detrimental to the survival of
the exotic bird species in the wild, including whether the exotic bird was
bred in captivity or was (or will be) taken from the wild, taking into
consideration the conservation status of the species in the wild;
(3) Whether the permit, if issued, would conflict with any known program
intended to enhance the survival of the population from which the exotic
bird was or would be removed;
(4) Whether the research for which the permit is required has scientific
merit;
(5) Whether the expertise, facilities, or other resources available to the
applicant appear adequate for proper care and maintenance of the exotic
bird and to successfully accomplish the research objectives stated in the
application.
(c) Permit conditions. In addition to the general conditions set forth in
part 13 of this subchapter, every permit issued under this section shall
be subject to special conditions as the Director may deem appropriate.
(d) Duration of permits. The duration of the import permits issued under
this section shall be designated on the face of the permit, but in no case
will these permits be valid for longer than one year.

§ 15.23
Permits for zoological breeding or display programs.
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(a) Application requirements for permits for zoological breeding or
display programs. Each application shall provide the following information
and such other information that the Director may require:
(1) A description of the exotic bird(s) to be imported, including:
(i) The common and scientific names of the species, number, age or age
class, and, when known, sex; and
(ii) A statement as to whether, at the time of the application, the exotic
bird is still in the wild, has already been removed from the wild, or was
bred in captivity;
(2) If the exotic bird is in the wild or was taken from the wild include:
(i) The country and region where the removal will occur or occurred;
(ii) A description of the status of the species in the region of removal;
and
(iii) A copy of any foreign collecting permit or authorizing letter, if
applicable;
(3) If the exotic bird was bred in captivity, include:
(i) Documents or other evidence that the bird was bred in captivity,
including the name and address of the breeder, and when known, identity of
the parental birds, and hatch date; and
(ii) If the applicant is not the breeder, documentation showing the bird
was acquired from a breeder and a history of multiple transactions, if
applicable;
(4) A statement of the reasons the applicant is justified in obtaining a
permit, and a complete description of the breeding or display program to
be conducted with the exotic bird requested, including:
(i) A breeding or education protocol that provides information on
educational materials on the ecology and/or conservation status of the
species provided to the general public;
(ii) Plans, if any, for developing or maintaining a self-sustaining
population of the exotic bird species in captivity;
(iii) A statement on efforts to obtain birds from alternative sources or
sources within the United States;
(iv) The relationship of such a breeding or display program to the
conservation of the species in the wild; and
(v) Plans for disposition of the exotic birds and any progeny.
(5) A description of the care and maintenance of the exotic bird, and how
the facility meets professionally recognized standards of the public
display community, including:
(i) The name and address of the facility where the exotic bird will be
maintained;
(ii) Dimensions of existing enclosures for the birds to be imported and
number of birds to be housed in each;
(iii) Husbandry practices;
(6) A history of the zoological facility's breeding programs with the same
or similar species, including:
(i) Participation in any cooperative breeding programs;
(ii) Breeding and inventory records for the last two years, including
hatching, survival, and mortality records; and
(iii) Causes of any mortalities and efforts made to correct any problems.
(b) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a) of this section, the Director will decide
whether or not a permit should be issued. In making this decision, the
Director shall consider, in addition to the general criteria in part 13 of
this subchapter, the following factors:
(1) Whether the zoological breeding or display program is adequate to

justify removing the exotic bird from the wild or otherwise changing its
status;
(2) Whether the proposed import would be detrimental to the survival of
the exotic bird species in the wild, including whether the exotic bird was
bred in captivity or was (or will be) taken from the wild, taking into
consideration the conservation status of the species in the wild;
(3) Whether the permit, if issued, would conflict with any known program
intended to enhance the survival of the population from which the exotic
bird was or would be removed;
(4) Whether the breeding or display program for which the permit is
required has conservation merit; and
(5) Whether the expertise, facilities or other resources available to the
applicant appear adequate for proper care and maintenance of the exotic
bird and to successfully accomplish the zoological breeding or display
objectives stated in the application.
(c) Permit conditions. In addition to the general conditions set forth in
part 13 of this subchapter, every permit issued under this section shall
be subject to special conditions as the Director may deem appropriate.
(d) Duration of permits. The duration of the import permits issued under
this section shall be designated on the face of the permit, but in no case
will these permits be valid for longer than one year.
§ 15.24
Permits for cooperative breeding.
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(a) Application requirements for permits for cooperative breeding. Each
application shall provide the following information and such other
information that the Director may require:
(1) A description of the exotic bird(s) to be imported, including:
(i) The common and scientific names of the species, number, age or age
class, and, when known, sex; and
(ii) A statement as to whether, at the time of the application, the exotic
bird is still in the wild, has already been removed from the wild, or was
bred in captivity;
(2) If the exotic bird is still in the wild or was taken from the wild
include;
(i) The country and region where the removal will occur or occurred;
(ii) A description of the status of the species in the region of removal;
and
(iii) A copy of any foreign collecting permit or authorizing letter, if
applicable;
(3) If the exotic bird was bred in captivity, include;
(i) Documents or other evidence that the bird was bred in captivity,
including the name and address of the breeder, when known, the identity of
the parental birds and hatch date; and
(ii) If the applicant is not the breeder, documentation showing the bird
was acquired from the breeder and a history of multiple transactions, if
applicable;
(4) A statement of the reasons the applicant is justified in obtaining a
permit, and a statement detailing the applicant's participation in a
cooperative breeding program approved under section 15.26 of this chapter,
including;
(i) Copies of any signed agreements or protocols with the monitoring
avicultural, conservation, or zoological organization overseeing the
program; and
(ii) Applicable records of the cooperative breeding program of any other
birds imported, their progeny, and their disposition;
(5) A complete description of the relationship of the exotic bird to the
approved cooperative breeding program, including;

(i) A statement of the role of the exotic bird in a breeding protocol;
(ii) A plan for maintaining a self-sustaining captive population of the
exotic bird species;
(iii) Details on recordkeeping; and
(iv) Plans for disposition of the exotic birds and any progeny produced
during the course of this program.
(6) A statement outlining the applicant's attempts to obtain the exotic
bird in a manner that would not cause its removal from the wild, and
attempts to obtain the specimens of the exotic bird species from stock
available in the United States;
(7) A description of the care and maintenance of the exotic bird, and how
the facility meets professionally recognized standards, including;
(i) The name and address of the facility where the exotic bird will be
maintained;
(ii) Dimensions of existing enclosures for birds to be imported and number
of birds to be housed in each; and
(iii) Husbandry practices;
(8) A history of the applicant's past participation in cooperative
breeding programs with the same or similar species, including;
(i) Breeding and inventory records for at least the last two years;
(ii) Hatching, survival, and mortality records;
(iii) Causes of any mortalities and efforts made to correct any problems.
(b) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a) of this section, the Director will decide
whether or not a permit should be issued. In making this decision, the
Director shall consider, in addition to the general criteria in part 13 of
this subchapter, the following factors;
(1) Whether the cooperative breeding program is adequate to justify
removing the exotic bird from the wild or otherwise changing its status;
(2) Whether the proposed import would be detrimental to the survival of
the exotic bird species in the wild, including whether the exotic bird was
bred in captivity or was (or will be) taken from the wild, taking into
consideration the conservation status of the species in the wild;
(3) Whether the cooperative breeding program for which the permit is
required would be likely to enhance or promote the conservation of the
exotic bird species in the wild or result in a self-sustaining population
of the exotic bird species in captivity; and
(4) Whether the expertise, facilities, or other resources available to the
applicant appear adequate for proper care and maintenance of the exotic
birds and to successfully accomplish the cooperative breeding objectives
stated in the application.
(c) Permit conditions. In addition to the general conditions set forth in
part 13 of this subchapter, every permit issued under this section shall
be subject to special conditions as the Director may deem appropriate.
(d) Duration of permits. The duration of the import permits issued under
this section shall be designated on the face of the permit, but in no case
will these permits be valid for longer than one year.
§ 15.25
Permits for personal pets.
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(a) Application requirements for personal pets not intended for sale. No
individual may import more than two exotic birds as pets in any year. Each
application shall provide the following information and such other
information that the Director may require:
(1) A description of the exotic bird to be imported, including;
(i) The common and scientific names, number, age, and, when known, sex;
(ii) A band number, house name, or any other unique identifying feature;
and

(iii) A statement as to whether the exotic bird was bred in captivity or
taken from the wild;
(2) A statement of the reasons the applicant is justified in obtaining a
permit;
(3) Documentation showing that the applicant has continually resided
outside of the United States for a minimum of one year;
(4) A statement of the number of exotic birds imported during the previous
12 months as personal pets by the applicant;
(5) Information on the origin of the exotic bird, including;
(i) Country of origin; and
(ii) A description and documentation of how the exotic bird was acquired,
including a copy of any Convention permit under which the bird was
re-exported or exported. If there is no such permit, a sales receipt or
signed statement from seller with name and address of seller, date of
sale, species, and other identifying information on the bird or signed
breeder's certificate or statement with name and address of breeder, date
of sale or transfer, species and hatch date.
(b) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a) of this section, the Director will decide
whether or not a permit should be issued. In making this decision, the
Director shall consider, in addition to the general criteria in part 13 of
this subchapter, the following factors:
(1) Whether the proposed import would be detrimental to the survival of
the exotic bird species in the wild;
(2) Whether the exotic bird to be imported is a personal pet owned by the
applicant, who has continuously resided outside the United States for a
minimum of one year, and who has no intention to sell the bird; and
(3) Whether the number of exotic birds imported in the previous 12 months
by the applicant does not exceed two.
(c) Permit conditions. In addition to the general conditions set forth in
part 13 of this subchapter, every permit issued under this section shall
be subject to special conditions that no individual may import more than
two exotic birds as personal pets in any year, the exotic birds cannot be
sold after importation into the United States, and any other conditions as
the Director may deem appropriate.
(d) Duration of permits. The duration of the import permits issued under
this section shall be designated on the face of the permit.
§ 15.26
Approval of cooperative breeding programs.
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Upon receipt of a complete application, the Director may approve
cooperative breeding programs. Such approval will allow individuals to
import exotic birds otherwise prohibited by section 15.11, with permits
under section 15.24. Such approval for cooperative breeding programs shall
be granted in accordance with the issuance criteria of this section.
(a) Application requirements for approval of cooperative breeding
programs. Each application shall provide the following information and
such other information that the Director may require:
(1) A description of the exotic bird(s) to be imported or to be covered
under the program, including the common and scientific names of the
species, number, sex ratio (if applicable), and age class;
(2) A statement of the reasons the applicant is justified in obtaining
this approval, and a description of the cooperative breeding program
requested for the exotic bird species, including:
(i) A breeding protocol, including a genetic management plan and breeding
methods;
(ii) A statement on the plans for developing and maintaining a
self-sustaining population in captivity of the exotic bird species;

(iii) Details on the system of recordkeeping and tracking of birds and
their progeny, including how individual specimens will be marked or
otherwise identified;
(iv) A statement on the relationship of such a breeding program to the
conservation of the exotic bird species in the world;
(v) Details on the funding of this program; and
(vi) Plans for disposition of the exotic birds and any progeny;
(3) A qualification statement for each individual who will be overseeing
the cooperative breeding program. This statement should include
information on the individual's prior experience with the same or similar
bird species. Individuals overseeing the program will be required to
demonstrate an affiliation with an avicultural, conservation, or
zoological organization;
(4) A statement of the oversight of the program by the avicultural,
zoological, or conservation organization, including their monitoring of
participation in the program, criteria for acceptance of individuals into
the program, and the relationship of the cooperative breeding program to
enhancing the propagation and survival of the species; and
(5) A history of the cooperative breeding program, including an annual
report for the last 3 years (if applicable), mortality records, breeding
records, and a studbook if one has been developed for the species.
(b) Issuance criteria. Upon receiving an application completed in
accordance with paragraph (a) of this section, the Director will decide
whether or not a cooperative breeding program should be approved. In
making this decision, the Director shall consider, in addition to the
general criteria in part 13 of this subchapter, the following factors:
(1) Whether the cooperative breeding program for which the approval is
requested is adequate to justify removing the exotic bird from the wild or
otherwise changing its status;
(2) Whether the granting of this approval would be detrimental to the
survival of the exotic bird species in the wild, including whether the
exotic birds were bred in captivity or will be taken from the wild, taking
into consideration the conservation status of the species in the wild;
(3) Whether the granting of this approval would conflict with any known
program intended to enhance the survival of the population from which the
exotic bird species was or would be removed;
(4) Whether the cooperative breeding program for which the permit is
requested would be likely to enhance or promote the conservation of the
exotic bird species in the wild or result in a self-sustaining population
of the exotic bird species in captivity; and
(5) Whether the expertise or other resources available to the program
appear adequate to successfully accomplish the objectives stated in the
application.
(c) Publication in theFederal Register.The Director shall publish notice
in theFederal Registerof each application submitted under §15.26(a). Each
notice shall invite the submission from interested parties of written
data, views, or arguments with respect to the application. The Director
shall publish periodically a notice as appropriate in theFederal
Registerof the list of approved cooperative breeding programs.
(d) Approval conditions. In addition to the general conditions set forth
in part 13 of this subchapter, every approval issued under this paragraph
shall be subject to the special condition that the cooperative breeding
program shall maintain records of all birds imported under permits issued
under this subpart and their progeny, including their sale or transfer,
death, or escape, and breeding success. These records shall be made
available to the Service on request and when renewing an approval.
(e) Duration of approval. Cooperative breeding programs shall be approved

for two years, at which time applicants may apply to the Service for
renewal of a program's approval. Applications for renewal of approval
shall comply with the general conditions set forth in part 13 of this
subchapter.
Subpart D—Approved List of Species Listed in the Appendices to the
Convention.
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Source:
59 FR 62262, Dec. 2, 1994, unless otherwise noted.
§ 15.31
Criteria for including species in the approved list for
captive-bred species.
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The Director will periodically review the list of captive-bred exotic bird
species in paragraph 15.33(a), for which importation into the United
States is approved. Any exotic bird species listed in paragraph 15.33(a)
pursuant to this section must meet all of the following criteria:
(a) All specimens of the species known to be in trade (legal or illegal)
are captive-bred;
(b) No specimens of the species are known to be removed from the wild for
commercial purposes;
(c) Any importation of specimens of the species would not be detrimental
to the survival of the species in the wild; and
(d) Adequate enforcement controls are in place to ensure compliance with
paragraphs (a) through (c) of this section.
§ 15.32
Criteria for including species in the approved list for
non-captive-bred species.
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Upon receipt of a completed sustainable use management plan for a country
of export, the Director may approve a species listed in Appendices II or
III of the Convention for importation from that country. Such approval
shall be granted in accordance with the issuance criteria of this section.
All approved species and countries of export will be listed in section
15.33.
(a) Requirements for scientifically-based sustainable use management
plans. Sustainable use management plans developed by the country of export
should be submitted for species which breed in the country of export. If
the species does not breed in the country of export, the Service will
consider sustainable use management plans only when the plan is
scientifically valid and nesting (breeding) information can be provided
from countries in which the species breeds. Sustainable use management
plans shall include the following information, and any other information
that may be appropriate:
(1) Background information, including the following:
(i) The scientific and common name of the species;
(ii) Letters from the country of export's Management and Scientific
Authorities transmitting the management plan of this species;
(iii) A summary of the country of export's legislation related to this
species and legislation implementing the Convention, and, where
appropriate, a summary of implementing regulations;
(iv) A summary, from the country of export's Management Authority, of the
country's infrastructure and law enforcement and monitoring mechanisms
designed to ensure both enforcement of and compliance with the
requirements of the management plan, and that the number of birds removed
from the wild or exported will be consistent with the management plan;
(v) Recent information on the distribution of the species within the
country of export, including scientific references and maps, and
historical information on distributions, if relevant; and
(vi) The species' status and its current population trend in the country

of export, including scientific references and copies of the most recent
non-detriment findings made by the exporting country's Scientific
Authority.
(2) Habitat information, including:
(i) A general description of habitats used by the species for each portion
of the life cycle completed within the country of export;
(ii) Recent information on the size and distribution of these habitats
throughout the country of export and in each area or region of take,
including scientific references and maps. The approximate location of any
reserves that provide protection for this species should be indicated on
the accompanying map(s), along with a brief description of how reserves
are protected and how that protection is enforced;
(iii) Status and trends of the important habitats used by the species in
the country of export as a whole whenever available and within each area
or region of take, including scientific references;
(iv) Factors, including management activities, favoring or threatening the
species' habitat in the foreseeable future within each area or region of
take, and throughout the country of export whenever available, including
scientific references; and
(v) A list of management plans that have been or are being planned,
developed, or implemented for the species' important habitats, if any.
(3) Information on the role of the species in its ecosystem, including:
(i) A description of the part(s) of the species' life cycle completed
within the country of export;
(ii) A description of nest sites and/or plant communities that are most
frequently used for placement of nests and, if applicable, nesting habits;
(iii) A general description of the species' diet and where the species
forages (aerial feeder, tree canopy, tree trunk, midstory, understory,
open water or other), and seasonal changes in foraging habits, including,
when available, scientific references; and
(iv) Information on any species or plant community which is dependent on
the occurrence of the exotic bird species.
(4) Population dynamics of the species, including:
(i) Recent population data for the population of the species in the
country of export, as derived from indices of relative abundance or
population estimates, along with documentation for each estimate;
(ii) Within each area or region of take, documentation for recent
population data or estimates, conducted for at least 3 separate years or 1
year with a description of survey plans for future years. These population
assessments should have been conducted during the same season (breeding or
non-breeding) of each year for which documentation is submitted ( i.e. ,
be methodologically comparable—both temporally and spatially);
(iii) Within each area or region of take, a scientific assessment (with
documentation) of recent reproductive (nesting) success. This assessment
should include information on the number of young produced per egg-laying
female per year or per nesting pair, or if scientifically appropriate for
the species to be exported, estimates on the number of young produced per
year from pre-breeding and post-breeding surveys conducted within the same
annual cycle;
(iv) Within each area or region of take, estimation (with documentation)
of annual mortality or loss including natural mortality and take for
subsistence use, export trade, and domestic trade in each area of take; or
(v) When appropriate, information (with documentation) on the number of
young which can be taken from the area, as a result of a conservation
enhancement program.
(5) Determination of biologically sustainable use:
(i) Estimation of the number exported from the country during the past 2

years, and the number of birds removed from the wild for export, domestic
trade, illegal trade, subsistence use, and other purposes (specify) for
the country of export during the past 2 years;
(ii) The estimated number of birds that will be removed from the wild from
each area of take each year for all purposes (export trade, domestic
trade, illegal trade, and subsistence use), including a description of
age-classes (nestlings, fledglings, sub-adults, adults, all classes), when
applicable;
(iii) For the projected take addressed in the management plan, a
description of the removal process, including, but not limited to,
locations, time of year, capture methods, means of transport, and
pre-export conditioning;
(iv) Documentation of how each projected level of take was determined;
(v) Explanation of infrastructure and law enforcement and monitoring
mechanisms that ensure compliance with the methodology in the management
plan and that the species will be removed at a level that ensures
sustainable use; and
(vi) Description of how species in each area or region of take will be
monitored in order to determine whether the number and age classes of
birds taken is sustainable.
(6)(i) For species that are considered “pests” in the country of origin:
documentation that such a species is a pest, including a description of
the type of pest,—e.g., agricultural, disease carrier; a description of
the damage the pest species causes to its ecosystem; and a description of
how the sustainable use management plan controls population levels of the
pest species.
(ii) For non-pest species: A description of how the sustainable use
management plan promotes the value of the species and its habitats.
Incentives for conservation may be generated by environmental education,
cooperative efforts or projects, development of cooperative management
units, and/or activities involving local communities.
(7) Additional factors:
(i) Description of any existing enhancement activities developed for the
species, including, but not limited to, annual banding programs, nest
watching/guarding, and nest improvement; and
(ii) Description, including photographs or diagrams, of the shipping
methods and enclosures proposed to be used to transport the exotic birds,
including but not limited to feeding and care during transport, densities
of birds in shipping enclosures, and estimated consignment sizes.
(b) Approval criteria. Upon receiving a sustainable use management plan in
accordance with paragraph (a) of this section, the Director will decide
whether or not an exotic bird species should be listed as an approved
species for importation from the country of export, under section 15.33.
In making this decision, the Director shall consider in addition to the
general criteria in part 13 of this subchapter, all of the following
factors for the species:
(1) Whether the country of export is effectively implementing the
Convention, particularly with respect to:
(i) Establishment of a functioning Scientific Authority;
(ii) The requirements of Article IV of the Convention;
(iii) Remedial measures recommended by the Parties to the Convention with
respect to this and similar species, including recommendations of
permanent committees of the Convention; and
(iv) Article VIII of the Convention, including but not limited to
establishment of legislation and infrastructure necessary to enforce the
Convention, and submission of annual reports to the Convention's
Secretariat;

(2) Whether the country of export has developed a scientifically-based
management plan for the species that:
(i) Provides for the conservation of the species and its habitat(s);
(ii) Includes incentives for conservation unless the species is a
documented pest species;
(iii) Is adequately implemented and enforced;
(iv) Ensures that the use of the species is:
(A) Sustainable;
(B) Maintained throughout its range at a level that is consistent with the
species' role in its ecosystem; and
(C) Is well above the level at which the species might become threatened;
(v) Addresses illegal trade, domestic trade, subsistence use, disease, and
habitat loss; and
(vi) Ensures that the methods of capture, transport, and maintenance of
the species minimize the risk of injury, damage to health, and inhumane
treatment; and
(3) If the species has a multi-national distribution:
(i) Whether populations of the species in other countries in which it
occurs will not be detrimentally affected by exports of the species from
the country requesting approval;
(ii) Whether factors affecting conservation of the species, including
export from other countries, illegal trade, domestic use, or subsistence
use are regulated throughout the range of the species so that recruitment
and/or breeding stocks of the species will not be detrimentally affected
by the proposed export;
(iii) Whether the projected take and export will not detrimentally affect
breeding populations; and
(iv) Whether the projected take and export will not detrimentally affect
existing enhancement activities, conservation programs, or enforcement
efforts throughout the species' range.
(4) For purposes of applying the criterion in paragraph (b)(2)(iv) of this
section, the Director may give positive consideration to plans wherein
very conservative capture and export quotas are implemented prior to being
able to obtain all of the biological information necessary for a more
large-scale management plan, if the country can demonstrate that such
conservative capture and export quotas are non-detrimental to the species
survival in the wild under the criterion in paragraph (b)(2)(iv) of this
section.
(c) Publication in the Federal Register. The Director shall publish notice
in theFederal Registerof the availability of each complete sustainable use
management plan received under paragraph (a) of this section. Each notice
shall invite the submission from interested parties of written data,
views, or arguments with respect to the proposed approval.
(d) Duration of approval. A species and country of export listed in
section 15.33 as approved shall be approved for 3 years, at which time
renewal of approval shall be considered by the Service.
[61 FR 2091, Jan. 24, 1996]
§ 15.33
Species included in the approved list.
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(a) Captive-bred species. The list in this paragraph includes species of
captive-bred exotic birds for which importation into the United States is
not prohibited by section 15.11. The species are grouped taxonomically by
order.
SpeciesCommon name
Order Falconiiformes:
Buteo buteo Common European buzzard.
Order Columbiformes:

Columba livia Rock dove.
Order Psittaciformes:
Agapornis personata Masked lovebird.
Agapornis roseicollis Peach-faced lovebird.
Aratinga jandaya Jendaya conure.
Barnardius barnardi Mallee ringneck parrot.
Bolborhynchus lineola (blue form)Lineolated parakeet (blue form).
Bolborhynchus lineola (yellow form)Lineolated parakeet (yellow
form).
Bolborhynchus lineola (white form)Lineolated parakeet (white form).
Cyanoramphus auriceps Yellow-fronted Parakeet.
Cyanoramphus novaezelandiae Red-fronted parakeet.
Forpus coelestis (lutino form)Pacific parrotlet (lutino form).
Forpus coelestis (yellow form)Pacific parrotlet (yellow form).
Forpus coelestis (blue form)Pacific parrotlet (blue form).
Forpus coelestis (cinnamon form)Pacific parrotlet (cinnamon form).
Melopsittacus undulatus Budgerigar.
Neophema bourkii Bourke's parrot.
Neophema chrysostoma Blue-winged Parrot.
Neophema elegans Elegant Parrot.
Neophema pulchella 1Turquoise parrot.
Neophema splendida 1Scarlet-chested parrot.
Nymphicus hollandicus Cockatiel.
Platycercus adelaide Adelaide rosella.
Platycercus adscitus Pale-headed rosella.
Platycercus elegans Crimson rosella.
Platycercus eximius Eastern rosella
Platycercus icterotis Western (stanley) rosella.
Platycercus venustus Northern rosella.
Polytelis alexandrae Princess parrot.
Polytelis anthopeplus Regent parrot.
Polytelis swainsonii Superb parrot.
Psephotus chrysopterygius 1Golden-shouldered parakeet.
Psephotus haematonotus Red-rumped parakeet.
Psephotus varius Mulga parakeet.
Psittacula eupatria (blue form)Alexandrine parakeet (blue form).
Psittacula eupatria (lutino form)Alexandrine parakeet (lutino form).
Psittacula krameri manillensis Indian ringneck parakeet.
Purpureicephalus spurius Red-capped parrot.
Trichoglossus chlorolepidotus Scaly-breasted lorikeet.
Order Passeriformes:
Aegintha temporalis Red-browed Finch.
Aidemosyne modesta Cherry Finch.
Chloebia gouldiae Gouldian finch.
Emblema guttata Diamond Sparrow.
Emblema picta Painted finch.
Lonchura castaneothorax Chestnut-breasted finch.
Lonchura domestica Society (=Bengalese) finch.
Lonchura pectoralis Pictorella finch.
Neochmia ruficauda Star finch.
Poephila acuticauda Long-tailed grassfinch.
Poephila bichenovii Double-barred finch.
Poephila cincta Parson finch.
Poephila guttata Zebra finch.
Poephila personata Masked finch.
Serinus canaria Common Canary.

1Note:Permits are still required for these species under part 17 (species
listed as endangered or threatened under the Endangered Species Act (ESA))
of this chapter.
(b) Non-captive-bred species. The list in this paragraph includes species
of non-captive-bred exotic birds and countries for which importation into
the United States is not prohibited by section 15.11. The species are
grouped taxonomically by order, and may only be imported from the approved
country, except as provided under a permit issued pursuant to subpart C of
this part.
[59 FR 62262, Dec. 2, 1994, as amended at 61 FR 2093, Jan. 24, 1996]
Subpart E—Qualifying Facilities Breeding Exotic Birds in Captivity
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§ 15.41
Criteria for including facilities as qualifying for imports.
[Reserved]
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§ 15.42
List of foreign qualifying breeding facilities. [Reserved]
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Subpart F—List of Prohibited Species Not Listed in the Appendices to the
Convention
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§ 15.51
Criteria for including species and countries in the prohibited
list. [Reserved]
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§ 15.52
Species included in the prohibited list. [Reserved]
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§ 15.53
Countries of export included in the prohibited list. [Reserved]