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eCFR — Code of Federal Regulations
ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR Data is current as of September 20, 2013
Title 50: Wildlife and Fisheries
PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
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
§ 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.
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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 Marking requirement.
§ 14.82 Alternatives and exceptions to the marking requirement.
Subpart I—Import/Export Licenses and Inspection Fees
§ 14.91
§ 14.92
§ 14.93
§ 14.94
When do I need an import/export license?
What are the exemptions to the import/export license requirement?
How do I apply for an import/export license?
What fees apply to me?
Subpart J—Standards for the Humane and Healthful Transport of Wild Mammals and Birds to
the United States
§ 14.101
§ 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.
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SPECIFICATIONS FOR OTHER TERRESTRIAL MAMMALS
§ 14.161 Primary enclosures.
SPECIFICATIONS FOR BIRDS
§ 14.171 Consignment to carrier.
§ 14.172 Primary enclosures.
Subpart K—Captive Wildlife Safety Act
§ 14.250
§ 14.251
§ 14.252
§ 14.253
§ 14.254
§ 14.255
What is the purpose of these regulations?
What other regulations may apply?
What definitions do I need to know?
What are the restrictions contained in these regulations?
What are the requirements contained in these regulations?
Are there any exemptions to the restrictions contained in these regulations?
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
§ 14.1 Purpose of regulations.
The regulations contained in this part provide uniform rules and procedures for the importation,
exportation, and transportation of wildlife.
§ 14.2 Scope of regulations.
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.
The Office of Management and Budget (OMB) has approved the information collection
requirements contained in this part 14 under 44 U.S.C. 3507 and assigned OMB Control Numbers
1018-0012, 1018-0092, and 1018-0129. 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. You can direct comments regarding these information collection requirements to the Service's
Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222-ARLSQ, 4401 North
Fairfax Drive, Arlington, VA 22203 (mail) or (703) 358-2269 (fax).
[72 FR 45946, Aug. 16, 2007]
§ 14.4 What terms do I have to understand?
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
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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.
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.
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.
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.
(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,
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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.
(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.
(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;
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(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.
Any person may import a personally owned pet bird at any port designated under, and in
accordance with, 9 CFR part 92.
§ 14.18 Marine mammals.
Any person subject to the 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.
(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.
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.
(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.
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(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.
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.
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.
Except for wildlife requiring a permit pursuant to parts 16, 17, 18, 21, 22 or 23 of this subchapter,
dead, preserved, dried, or embedded scientific specimens or parts thereof, imported or exported by
accredited scientists or accredited scientific institutions for taxonomic or systematic research
purposes may enter or exit through any U.S. Customs port, or may be shipped through the international
mail system. Provided, that this exception will not apply to any specimens or parts thereof taken as a
result of sport hunting.
[61 FR 31869, June 21, 1996]
Subpart C—Designated Port Exception Permits
§ 14.31 Permits to import or export wildlife at nondesignated port for scientific purposes.
(a) General. The Director may, upon receipt of an application submitted in accordance with the
provisions of this section and §§ 13.11 and 13.12 of this 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:
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(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.
(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
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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.
(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
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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]
Subpart E—Inspection and Clearance of Wildlife
§ 14.51 Inspection of wildlife.
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.
(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.
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(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.
(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.
(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
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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.
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
§ 14.61 Import declaration requirements.
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
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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.
(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.
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
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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.
(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]
Subpart H—Marking of Containers or Packages
SOURCE: 52 FR 45341, Nov. 27, 1987, unless otherwise noted.
§ 14.81 Marking requirement.
Except as otherwise provided in this subpart, no person may import, export, or transport in
interstate commerce any container or package containing any fish or wildlife (including shellfish and
fishery products) unless he/she marks each container or package 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]
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§ 14.82 Alternatives and exceptions to the marking requirement.
(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.
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(Approved by the Office of Management and Budget under control number 1018-0022)
[52 FR 45341, Nov. 27, 1987, as amended at 61 FR 31871, June 21, 1996]
Subpart I—Import/Export Licenses and Inspection Fees
SOURCE: 73 FR 74628, Dec. 9, 2008, unless otherwise noted.
§ 14.91 When do I need an import/export license?
(a) The Endangered Species Act (16 U.S.C. 1538(d)(1)) makes it unlawful for any person to
engage in business as an importer or exporter of certain fish or wildlife without first having obtained
permission from the Secretary. For the purposes of this subchapter, engage in business means to
import or export wildlife for commercial purposes.
(b) Except as provided in § 14.92, if you engage in the business of importing or exporting wildlife
for commercial purposes (see § 14.4), you must obtain an import/export license prior to importing or
exporting your wildlife shipment.
(c) The following table includes some examples of when an import/export license is required:
. . . do I need
an
import/export
license?
If I import into the United States or export from the United States
(1) Wildlife in the form of products such as garments, bags, shoes, boots, jewelry,
Yes.
rugs, trophies, or curios for commercial purposes
(2) Wildlife in the form of hides, furs, or skins for commercial purposes
Yes.
(3) Wildlife in the form of food for commercial purposes
Yes.
(4) As an animal dealer, animal broker, pet dealer, or pet or laboratory supplier
Yes.
(5) As an individual owner of a personally owned live wildlife pet for personal use
No.
(6) As a collector or hobbyist for personal use
No.
(7) As a collector or hobbyist for commercial purposes, including sale, trade or barter Yes.
(8) As a laboratory researcher or biomedical supplier for commercial purposes
Yes.
(9) As a customs broker or freight forwarder engaged in business as a dispatcher,
No.
handler, consolidator, or transporter of wildlife or if I file documents with the Service on
behalf of others
(10) As a common carrier engaged in business as a transporter of wildlife
No.
(11) As a taxidermist, outfitter, or guide importing or exporting my own hunting trophies Yes.
for commercial purposes
(12) As a taxidermist, outfitter, or guide transporting or shipping hunting trophies for
No.
clients or customers
(13) As a U.S. taxidermist receiving a U.S. client's personal hunting trophies after
No.
import clearance for processing
(14) As a U.S. taxidermist importing wildlife from or exporting wildlife to foreign owners Yes.
who are requesting my services
(15) As a foreign owner of wildlife exporting my personal hunting trophies from the
No.
United States to my home
(16) As a circus for exhibition or resale purposes
Yes.
(17) As a Federal, State, municipal, or tribal agency
No.
(18) As a public museum, or public scientific or educational institution for
No.
noncommercial research or educational purposes
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§ 14.92 What are the exemptions to the import/export license requirement?
(a) Certain wildlife. Any person may engage in business as an importer or exporter of the following
types of wildlife without obtaining an import/export license:
(1) Shellfish (see § 10.12 of this chapter) and nonliving fishery products that do not require a
permit under parts 16, 17, or 23 of this subchapter, and are imported or exported for 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;
(2) Live farm-raised fish and farm-raised fish eggs of species that do not require a permit under
parts 16, 17, or 23 of this subchapter, that meet the definition of “bred-in-captivity” as stated in § 17.3 of
this subchapter and that are for export only; and
(3) Live aquatic invertebrates of the Class Pelecypoda, commonly known as oysters, clams,
mussels, and scallops, and their eggs, larvae, or juvenile forms, that do not require a permit under
parts 16, 17, or 23 of this subchapter, and are exported only for the purposes of propagation or
research related to propagation; and
(4) Pearls that do not require a permit under parts 16, 17, or 23 of this subchapter.
(b) Certain persons. (1) The following persons may import or export wildlife without obtaining an
import/export license, provided that these persons keep records that will fully and correctly describe
each importation or exportation of wildlife made by them and the subsequent disposition made by them
with respect to the wildlife.
(i) Public museums, or other public, scientific, or educational institutions, importing or exporting
wildlife for noncommercial research or educational purposes; and
(ii) Federal, State, tribal, or municipal agencies.
(2) Subject to applicable limitations of law, duly authorized Service officers at all reasonable times
will, upon notice, be given access to these persons' places of business, an opportunity to examine their
inventory of imported wildlife or the wildlife to be exported, the records described in paragraph (1) of this
section, and an opportunity to copy those records.
§ 14.93 How do I apply for an import/export license?
(a) Application form. You must submit a completed FWS Form 3-200-3, including the certification
found on the form and in § 13.12(a) of this subchapter, to the appropriate regional Special Agent in
Charge under the provisions of this subpart and part 13 of this subchapter.
(b) Import/export license conditions. In addition to the general permit conditions in part 13 of this
subchapter, you must comply with the following conditions:
(1) You must comply with all requirements of this part, all other applicable parts of this subchapter,
and any specific conditions or authorizations described on the face of, or on an annex to, the
import/export license;
(2) You must pay all applicable license and inspection fees as required in § 14.94;
(3) You are responsible for providing current contact information to us, including a mailing address
where you will receive all official notices the Service sends;
(4) You must keep, in a U.S. location, the following records that completely and correctly describe
each import or export of wildlife that you made under the import/export license and, if applicable, any
subsequent disposition that you made of the wildlife, for a period of 5 years:
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(i) A general description of the wildlife, such as “live,” “raw hides,” “fur garments,” “leather goods,”
“footwear,” or “jewelry”;
(ii) The quantity of the wildlife, in numbers, weight, or other appropriate measure;
(iii) The common and scientific names of the wildlife;
(iv) The country of origin of the wildlife, if known, as defined in § 10.12 of this subchapter;
(v) The date and place the wildlife was imported or exported;
(vi) The date of the subsequent disposition, if applicable, of the wildlife and the manner of the
subsequent disposition, whether by sale, barter, consignment, loan, delivery, destruction, or other
means;
(vii) The name, address, telephone, and e-mail address, if known, of the person or business who
received the wildlife;
(viii) Copies of all permits required by the laws and regulations of the United States; and
(ix) Copies of all permits required by the laws of any country of export, re-export, or origin of the
wildlife.
(5) You must, upon notice, provide authorized Service officers with access to your place(s) of
business at all reasonable times and give us an opportunity to examine your inventory of imported
wildlife or the wildlife to be exported, the records required to be kept by paragraph (b)(4) of this section,
and an opportunity to copy these records subject to applicable limitations of the law;
(6) You must submit a report containing the information you must keep in paragraph (b)(4) of this
section within 30 days of receiving a written request from us; and
(7) An import/export license gives you general permission to engage in business as an importer or
exporter of wildlife. An import/export license is in addition to, and does not supersede, any other
license, permit, or requirement established by Federal, State, or tribal law for the import or export of
wildlife.
(c) Duration of import/export license. Any import/export license issued under this section expires
on the date shown on the face of the import/export license. In no case will the import/export license be
valid for more than 1 year after the date of issuance.
(d) Issuance, denial, suspension, revocation, or renewal of import/export license. We may deny,
suspend, revoke, restrict, or deny renewal of an import/export license to any person named as the
holder, or a principal officer or agent of the holder, under any of the criteria described in part 13 of this
chapter or under the following criteria:
(1) Failure to pay fees, penalties, or costs required by this part;
(2) You repeatedly fail to notify our Service officers at the appropriate port at least 48 hours prior to
the estimated time of arrival of a live or perishable wildlife shipment under § 14.54(a) or at least 48
hours prior to the estimated time of exportation of any wildlife under § 14.54(f);
(3) You repeatedly import or export certain types of wildlife without meeting the requirements of
this part or other applicable parts of this subchapter.
§ 14.94 What fees apply to me?
(a) Import/export license application fees. You must pay the application and amendment fees, as
defined in § 13.11(d)(4), for any required import/export license processed under § 14.93 and part 13 of
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this subchapter.
(b) Designated port exception permit application fees. You must pay the application and
amendment fees, as defined in § 13.11(d)(4), for any required designated port exception permit
processed under subpart C of this part.
(c) Designated port base inspection fees. Except as provided in paragraph (k) of this section, an
import/export license holder must pay a base inspection fee, as defined in § 14.94(h)(1), for each
wildlife shipment imported or exported at a designated port or a port acting as a designated port. You
can find a list of designated ports in § 14.12 and the criteria that allow certain ports to act as designated
ports in §§ 14.16-14.19, § 14.22, and § 14.24 of this part.
(d) Staffed nondesignated port base inspection fees. You must pay a nondesignated port base
inspection fee, as defined in § 14.94(h)(2), for each wildlife shipment imported or exported at a staffed
nondesignated port, using a designated port exception permit issued under subpart C of this part. This
fee is in place of, not in addition to, the designated port base fee.
(e) Nonstaffed, nondesignated port base inspection fees. You must pay a nondesignated port base
inspection fee, as defined in § 14.94(h)(3), for each wildlife shipment imported or exported at a
nonstaffed, nondesignated port using a designated port exception permit issued under subpart C of this
part. You must also pay all travel, transportation, and per diem costs associated with inspection of the
shipment. These fees are in place of, not in addition to, the designated port base fee. The Service will
prorate charges for travel, transportation, and per diem costs if multiple importers or exporters require
inspection at the same time at the same location. All applicable base and premium fees apply to each
shipment.
(f) Premium inspection fees. You must pay a premium inspection fee in addition to any base
inspection fees required in paragraphs (c), (d), and (e) of this section, as defined in § 14.94(h)(4), for
the following types of shipments:
(1) Except as provided in paragraph (k) of this section, any shipment containing live or protected
species, as defined in § 14.94(h)(4), imported or exported by an import/export license holder at a
designated port or a port acting as a designated port. You can find a list of designated ports in § 14.12
and the criteria that allow certain ports to act as designated ports in §§ 14.16-14.19, § 14.22, and
§ 14.24;
(2) Any shipment containing live or protected species, as defined in § 14.94(h)(4), imported or
exported via air, ocean, rail, or truck cargo, by persons not requiring an import/export license under
§ 14.91, at a designated port or a port acting as a designated port. You can find a list of designated
ports in § 14.12 and the criteria that allow certain ports to act as designated ports in §§ 14.16-14.19,
§ 14.22, and § 14.24;
(3) Any shipment containing live or protected species, as defined in § 14.94(h)(4), imported or
exported at a nondesignated port using a designated port exception permit issued under subpart C of
this part.
(4) You must pay two premium inspection fees in addition to any base inspection fees required in
paragraphs (c), (d), and (e) of this section, as defined in § 14.94(h)(4), if your wildlife shipment contains
live and protected species.
(g) Overtime fees. You must pay fees for any inspections, including travel time, that begin before
normal working hours, that extend beyond normal working hours, or are on a Federal holiday, Saturday,
or Sunday.
(1) Overtime fees are in addition to any base inspection fees or premium inspection fees required
for each shipment. We will charge these fees regardless of whether or not you have an import/export
license.
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(2) Our ability to perform inspections during overtime hours will depend upon the availability of
Service personnel. If we cannot perform an inspection during normal working hours, we may give you
the option of requesting an overtime inspection.
(3) The overtime fee is calculated using a 2-hour minimum plus any actual time in excess of the
minimum. It incorporates the actual time to conduct an inspection and the travel time to and from the
inspection location.
(4) The Service will charge any overtime, including travel time, in excess of the minimum in
quarter-hour increments of the hourly rate. The Service will round up an inspection time of 10 minutes
or more beyond a quarter-hour increment to the next quarter-hour and will disregard any time over a
quarter-hour increment that is less than 10 minutes.
(5) The Service will charge only one overtime fee when multiple shipments are consigned to or are
to be exported by the same importer or exporter and we inspect all at the same time at one location.
The overtime fee will consist of one 2-hour minimum or the actual time for inspection of all the
applicable shipments, whichever is greater. All applicable base and premium fees will apply to each
shipment.
(6) We will charge 1 hour of time at 11⁄ 2 times the hourly labor rate for inspections beginning less
than 1 hour before normal working hours.
(7) We will charge a minimum of 2 hours of time at an hourly rate of 11⁄ 2 times the average hourly
labor rate for inspections outside normal working hours, except for inspections performed on a Federal
holiday.
(8) We will charge a minimum of 2 hours of time at an hourly rate of 2 times the average hourly
labor rate for inspections performed on a Federal holiday.
(h) Fee schedule.
Fee cost per shipment per year
Inspection fee schedule
(1) Designated port base inspection fee (see § 14.94 (c))
(2) Staffed nondesignated port base inspection fee (see
§ 14.94(d))
(3) Nonstaffed nondesignated port base inspection fee
(see § 14.94(e))
(4) Premium inspection fee at any port (see § 14.94 (f)):
(i)Protected species.Any species that requires a
permit under parts 15, 16, 17, 18, 21, 22, or 23 of
this chapter;
(ii)Live species.Any live wildlife, including live
viable eggs and live pupae
(5) Overtime inspection fee (see § 14.94(g)):
(i) Inspections beginning less than 1 hour before
normal work hours
(ii) Inspections after normal work hours, including
Saturday and Sunday. (2 hour minimum charge
plus fee for additional time)
(iii) Inspections on Federal holidays. (2 hour
minimum charge plus fee for additional time)
2008
$85
$133
2009
$87
$136
2010
$89
$139
2011
$91
$142
2012
and
beyond
$93.
$145.
$133
$136
$139
$142
$145.
$19
$37
$56
$74
$93.
$19
$37
$56
$74
$93.
$48
$49
$51
$52
$53.
$96
min. +
$48/hr
$128
min. +
$98
min. +
$49/hr
$131
min.+
$101
min. +
$51/hr
$133
min. +
$103
min. +
$52/hr
$136
min. +
$105
min. +
$53/hr.
$139
min. +
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$64/hr $65/hr $67/hr
$68/hr
$70/hr.
(i) The Service will not refund any fee or any portion of any license or inspection fee or excuse
payment of any fee because importation, exportation, or clearance of a wildlife shipment is refused for
any reason.
(j) All base inspection fees, premium inspection fees, and overtime fees will apply regardless of
whether or not a physical inspection of your wildlife shipment is performed, and no fees will be prorated
except as provided in paragraphs (e) and (g)(5) of this section.
(k) Exemptions to inspection fees —(1) Certain North American-origin wild mammal furs or skins.
Wildlife shipments that meet all of the following criteria are exempt from the designated port base
inspection fee (however, these shipments are not exempt from the designated port overtime fees or the
import/export license application fee):
(i) The wildlife is a raw fur; raw, salted, or crusted hide or skin; or a separate fur or skin part,
lawfully taken from the wild in the United States, Canada, or Mexico that does not require permits under
parts 17, 18, or 23 of this chapter; and
(ii) You, as the importer or exporter, or a member of your immediate family, such as your spouse,
parents, siblings, and children, took the wildlife from the wild and are shipping the wildlife between the
United States and Canada or Mexico; and
(iii) You have not previously bought or sold the wildlife described in paragraph (k)(1)(i) of this
section, and the shipment does not exceed 100 raw furs; raw, salted, or crusted hides or skins; or fur
or skin parts; and
(iv) You certify on Form 3-177, Declaration for Importation or Exportation of Fish or Wildlife, that
your shipment meets all the criteria in this section.
(2) You do not have to pay base inspection fees, premium inspection fees, or overtime fees if you
are importing or exporting wildlife that is exempt from import/export license requirements as defined in
§ 14.92(a) or you are importing or exporting wildlife as a government agency as defined in § 14.92(b)(1)
(ii).
(3) You do not have to pay base inspection fees, premium inspection fees, or overtime fees if you
are importing or exporting wildlife that meets the criteria for “domesticated animals” as defined in
§ 14.4.
(4) Fee exemption program for low-risk importations and exportations —(i) Program criteria.
Businesses that require an import/export license under § 14.93 may be exempt from the designated
port base inspection fee as set forth in this paragraph (k)(4)(i). To participate in this program, you, the
U.S. importer or exporter, must continue to pay the overtime fees, the nondesignated port base fees, or
the import/export license and nondesignated port application fees, and your business must meet all of
the following conditions:
(A) Each shipment does not contain live wildlife.
(B) Each shipment does not contain wildlife that requires a permit or certificate under parts 15, 17,
18, 20, 21, 22, or 23 of this chapter or is listed under part 16 of this chapter.
(C) Each shipment contains 25 or fewer wildlife parts and products containing wildlife.
(D) Each wildlife shipment is valued at $5,000 or less.
(E) Your business has not been assessed a civil penalty, issued a violation notice, or convicted of
any misdemeanor or felony violations involving the import or export of wildlife.
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(F) Your business has had two or fewer wildlife shipments that were refused clearance in the 5
years prior to the receipt of your request by the Service.
(G) Your business has not previously participated in the program and been removed for failure to
meet the criteria.
(ii) Program participation. To participate in the fee exemption program for low-risk importations and
exportations, you must use the Service's electronic declaration filing system (eDecs) and take the
following actions:
(A) You must certify that you will exclusively import and export wildlife shipments that meet all the
criteria in paragraph (k)(4)(i) of this section and renew this certification annually. Upon completion of the
certification and review of the criteria by the Service, eDecs will notify you if you have been approved to
participate in the program.
(B) You must continue to meet the criteria in paragraph (k)(4)(i) of this section while participating in
the program. If you fail to meet the criteria after approval, you will be removed from the program and
must pay all applicable fees.
(C) If approved to participate in the program you must file FWS Form 3-177 and all required
accompanying documents electronically using eDecs for each shipment and meet all other
requirements of this part.
[73 FR 74628, Dec. 9, 2008, as amended at 77 FR 65326, Oct. 26, 2012]
Subpart J—Standards for the Humane and Healthful Transport of Wild
Mammals and Birds to the United States
SOURCE: 57 FR 27108, June 17, 1992, unless otherwise noted.
§ 14.101 Purposes.
The purpose of this subpart is to 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.
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,
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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.
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.
(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.
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,
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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_locations.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 handholds 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
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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.
(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.
(a) No carrier shall accept any wild mammal or bird for transport to the United States unless
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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.
(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.
(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
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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.
(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.
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
§ 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 malefemale 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.
(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.
(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)
§ 14.131 Primary enclosures.
(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
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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.
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.
(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.
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(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
§ 14.141 Consignment to carrier.
Species that grow antlers shall not be accepted for transport unless the antlers have been shed or
surgically removed.
§ 14.142 Primary enclosures.
(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)
§ 14.151 Primary enclosures.
(a) Except as provided in § 14.106(j), ventilation openings must be located on at least two walls of
a primary 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.
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(b) No more than one sloth, bat, or flying lemur (Cynocephalidae) shall be transported in a primary
enclosure. However, a mother and her nursing young being transported for medical reasons, an
established male-female pair, a family group, a pair of juvenile animals that have not reached puberty,
or other small groups of animals that have been habitually housed together may be shipped in the
same primary enclosure.
(c) A primary enclosure used to transport sloths, bats, or flying lemurs shall be large enough to
ensure that each animal has sufficient space to move freely and in a normal manner and shall have a
wide perch, bar, or mesh of suitable strength fitted under the top of the enclosure and spaced from it in
such a way that the animals may hang from it freely in a natural position.
Specifications for Other Terrestrial Mammals
§ 14.161 Primary enclosures.
(a) Except as provided in § 14.106(j), ventilation openings must be located on at least two walls of
a primary 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
Space/Animal
cm /2/
in /2/
Max. No.
wt. in grams of rodent:
220 or less
220-450
450-1000
1,000-5,000
20
12
6
2
194
388
770
2,310
Ht. of Box
cm
in
30
60
120
360
15
20
25
30
6
8
10
12
(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.
(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.
(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.
Subpart K—Captive Wildlife Safety Act
SOURCE: 72 FR 45946, Aug. 16, 2007, unless otherwise noted.
§ 14.250 What is the purpose of these regulations?
The regulations in this subpart implement the Captive Wildlife Safety Act (CWSA), 117 Stat. 2871,
which amended the Lacey Act Amendments of 1981, 16 U.S.C. 3371-3378, by adding paragraphs 2(g),
3(a)(2)(C), and 3(e) (16 U.S.C. 3371, 3372).
§ 14.251 What other regulations may apply?
The provisions of this subpart are in addition to, and are not in place of, other regulations of this
subchapter B that may require a permit or describe additional restrictions or conditions for the
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importation, exportation, transportation, sale, receipt, acquisition, or purchase of wildlife in interstate or
foreign commerce.
§ 14.252 What definitions do I need to know?
In addition to the definitions contained in part 10 of this subchapter, and unless the context
otherwise requires, in this subpart:
Accredited wildlife sanctuary means a facility that cares for live specimens of one or more of the
prohibited wildlife species and:
(1) Is approved by the United States Internal Revenue Service as a corporation that is exempt from
taxation under § 501(a) of the Internal Revenue Code of 1986, which is described in §§ 501(c)(3) and
170(b)(1)(A)(vi) of that code;
(2) Does not commercially trade in prohibited wildlife species, including offspring, parts, and
products;
(3) Does not propagate any of the prohibited wildlife species; and
(4) Does not allow any direct contact between the public and the prohibited wildlife species.
Direct contact means any situation in which any individual other than an authorized keeper or
caregiver may potentially touch or otherwise come into physical contact with any live specimen of the
prohibited wildlife species.
Licensed person means any individual, facility, agency, or other entity that holds a valid license
from and is inspected by the U.S. Department of Agriculture's Animal and Plant Health Inspection
Service (APHIS) under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq. ) (See definition of
“licensee” in 9 CFR 1.1.).
Prohibited wildlife species means a specimen of any of the following eight species: Lion ( Panthera
leo ), tiger ( Panthera tigris ), leopard ( Panthera pardus ), snow leopard ( Uncia uncia ), clouded
leopard ( Neofelis nebulosa ), jaguar ( Panthera onca ), cheetah ( Acinonyx jubatus ), and cougar (
Puma concolor ) or any hybrids resulting from the breeding of any combination of any of these species,
for example, a liger (a male lion and a female tiger) or a tiglon (a male tiger and a female lion), whether
naturally or artificially produced.
Propagate means to allow or facilitate the production of offspring of any of the prohibited wildlife
species, by any means.
Registered person means any individual, facility, agency, or other entity that is registered with and
inspected by APHIS under the AWA (See definition of “registrant” in 9 CFR 1.1.).
§ 14.253 What are the restrictions contained in these regulations?
Except as provided in § 14.255, it is unlawful for any person to import, export, transport, sell,
receive, acquire, or purchase, in interstate or foreign commerce, any live prohibited wildlife species.
§ 14.254 What are the requirements contained in these regulations?
In order to qualify for the exemption in § 14.255, an accredited wildlife sanctuary must maintain
complete and accurate records of any possession, transportation, acquisition, disposition, importation,
or exportation of the prohibited wildlife species covered by the CWSA. These records must be up to
date, and must include the names and addresses of persons to or from whom any prohibited wildlife
species has been acquired, imported, exported, purchased, sold, or otherwise transferred; and the
dates of these transactions. The accredited wildlife sanctuary must maintain these records for 5 years,
must make these records available to Service officials for inspection at reasonable hours, and must
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copy these records for Service officials, if requested. In addition, by declaring itself to be accredited
under this subpart, a wildlife sanctuary agrees to allow access to its facilities and its prohibited wildlife
specimens by Service officials at reasonable hours.
§ 14.255 Are there any exemptions to the restrictions contained in these regulations?
The prohibitions of § 14.253 do not apply to:
(a) A licensed person or registered person;
(b) A State college, university, or agency;
(c) A State-licensed wildlife rehabilitator;
(d) A State-licensed veterinarian;
(e) An accredited wildlife sanctuary; or
(f) A person who:
(1) Can produce documentation showing that he or she is transporting live prohibited wildlife
species between persons who are exempt from the prohibitions in § 14.253; and
(2) Has no financial interest in the prohibited wildlife species other than payment received for
transporting them.
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