TITLE 50--WILDLIFE AND FISHERIES
                 Chapter I--United States Fish, Wildlife Service
    Subchapter B--Taking, Possession, Transportation, Sale, Purchase, Barter,
               Exportation, and Importation of Wildlife and Plants
                     Part 23--Endangered Species Convention
                             Subpart A--Introduction

  s 23.2 Scope of regulations.

   (a) The regulations of this part apply only to wildlife and plants listed in
 Appendix I, II or III to the Convention, listed herein in s 23.23 for the
 convenience of the public.  It should be noted that many species listed in
 Appendix I, II or III are also listed in Part 17 (endangered and threatened
 species) or Part 18 (marine mammals), and are subject to additional regulations
 in those parts or in Part 216 (marine mammals) or Parts 217-225 (endangered and
 threatened species) for species under jurisdiction of the National Marine
 Fisheries Service.

  s 23.3 Definitions.

   In addition to the definitions contained in Parts 10 and 17 of this
 subchapter, and unless the context requires otherwise, in this part:
  "Appendix I" means the list of wildlife and plants called "Appendix I" and
 attached to the Convention (see s 23.23 for the list).
  "Appendix II" means the list of wildlife and plants called "Appendix II" and
 attached to the Convention (see s 23.23 for the list).
  "Appendix III" means the list of wildlife and plants called "Appendix III" and
 attached to the Convention (see s 23.23 for the list).
  "Convention" means the Convention on International Trade in Endangered Species
 of Wild Fauna and Flora, TIAS 8249.
  "Management Authority" means a national management authority officially
 designated by a party to implement the present Convention, including the
 granting of permits or certificates for Convention purposes on behalf of the
 party.
  "Party" means a country for which the Convention has entered into force, by
 virtue of ratification or accession.
  "Re-export" means export of wildlife or plants that have previously been
 imported.
  "United States" means all of the several states, the District of Columbia, the
 Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the
 Trust Territory of the Pacific Islands.

   s 23.4 Parties to the Convention.

   The following countries are currently parties to the Convention.  The name
 and address of the management authority is included under the name of each
 country.  This list is for the convenience of the public, and does not preclude
 the application of regulations in this Part 23 to importation, exportation or
 re-exportation to or from other countries.
                                    Australia
 The Bureau of Customs, Department of Business and Consumer Affairs, Canberra,
 Act 2600, Australia.
                                     Brazil
 Instituto Brasileiro de Desenvolvimento, Florestal (IBDF) do Ministe 1rio da
 Agricultura, Palacio do Desenvolvimento, Setor Bancario Norte, 13 degrees
 andar, 70000 Brazilia--DF Brazil.
                                     Canada
 The Administrator, Convention on International Trade in Endangered Species,
 Canadian Wildlife Service, Department of the Environment, Ottawa, Ontario, K1A
 OH3, Canada.
                                      Chile
 Servico Agricola y Ganadero (SAG), Ministerio de Agricultura, Santiago, Chile.
                                   Costa Rica
 Departmento de Pesca Continental y Vida Silvestre, Ministerio de Agricultura y
 Ganaderia, San Jose, Costa Rica.
                                     Cyprus
 Ministry of Agriculture and Natural Resources, Nicosia, Cyprus.
                                     Ecuador
 Ministerio de Agricultura y Ganaderia, Quito, Ecuador.
                           Federal Republic of Germany
 Bundesminister fu 4r Erna 4hrung Landwirtschaft und Forsten, Rochusstrasse 1,
 5300 Bonn-Duisdorf, Federal Republic of Germany.
                                     Finland
 Maa--ja Metsa 0talousministerio, Ministry of Agriculture and Forestry, Bureau
 of Natural Resources, Hallituskatu 3 A, 00170 Helsinki 3 A, Finland.
                           German Democratic Republic
 Ministerium fu 4r Land, Forst und Nahrungsgu 4terwirtschaft, der Deutschen
 Demokratischen Republik, DDR-1157 Berlin, German Democratic Republic.
                                      Ghana
 Department of Game and Wildlife, P.O. Box M 239, Accra, Ghana.
                                      India
 The Director of Wildlife Preservation, Government of India, Ministry of
 Agriculture and Irrigation, Department of Agriculture, Krishi Bhaven, New
 Delhi--110001, India.
                                      Iran
 Department of the Environment, P.O. Box 1430, Tehran, Iran.
                                Malagasy Republic
 Direction des Eaux et Forets et de la Conservation des Sols, B.P. 243,
 Tananarive.
                                    Mauritius
 The Conservator of Forests, Forest Service, Curepipe, Mauritius.
                                     Morocco
 Comite National de l'Environment, Direction de l'Environment, Ministe 1re de
 l'Urbanisme, de l'Habitat, du Tourisme et de l'Environment, Rabat, Morocco.
                                      Nepal
 Not available.
                                      Niger
 Ministere de l'Economie rurale, et du Climat, Niamey, Niger.
                                     Nigeria
 Not available.
                                     Norway
 The Royal Ministry of Environment, Myntgaten 2, P.O. Box 8012 Oslo-Dep., N--
 Oslo 1, Norway.
                                    Pakistan
 Mr. A.M. Khattak, Inspector General of Forests/Member Secretary, Government of
 Pakistan, Ministry of Food, Agriculture, Cooperatives, Under-Developed Areas
 and Land Reforms (Food and Agriculture Division), National Council for
 Conservation of Wildlife, Bungalow No.:  4-G, St. No.:  51, F.6/Islamabad,
 Pakistan.
                                Papua New Guinea
 The Conservator of Fauna, Department of Natural Resources, P.O. Box 2585,
 Konedobu, Papua, New Guinea.
                                    Paraguay
 Not available.
                                      Peru
 Direccion General Forestal y de Fauna, Natalio Sanches 220, 3er. piso, Jesu 1s
 Maria, Lima, Peru.
                                  South Africa
 The Secretary, Department of Planning and the Environment, Private Bag X 213,
 Pretoria 0001, South Africa.
                                     Sweden
 Lantbruksstyrelsen, Vallgatan 6, S-551 83 Jonkoping, Sweden.
                                   Switzerland
 Office veterinaire federal, Thunstrasse 17, 3005 Berne 6, Switzerland.
                                     Tunisia
 Direction des Forets, 36, rue Alain Savary, Tunis, Tunisia.
                       Union of Soviet Socialist Republics
 Not available.
                              United Arab Emirates
 Not available.
              United Kingdom of Great Britain and Northern Ireland
 Department of the Environment, 17/19 Rochester Row, London SW1P 1LN, England.
                            United States of America
 Chief, Federal Wildlife Permit Office, U.S. Fish and Wildlife Service, U.S.
 Department of the Interior, 18th and C Streets NW., Washington, D.C. 20240
 U.S.A.
                                     Uruguay
 Presidente del Instituto Nacional para le Preservacion del Medio Ambiente,
 Ministerio de Education y Cultura, Sarandi 444, Montevideo, Uruguay.
                                      Zaire
 Le Commissaire d'Etat a l'Environment, Conservation de la Nature et Tourisme
 Boite Postale 12348, Kinshasa/Gombe, Zaire.

  s 23.11 Prohibitions.

   (a) Unless the requirements in this Part 23 are met, or one of the exceptions
 in this Part 23 is applicable, it is unlawful for any person subject to the
 jurisdiction of the United States to commit, attempt to commit, solicit another
 to commit, or cause to be committed any of the acts described in paragraphs (b)
 through (d) of this section.

   (b) Import
     (b)(1) It is unlawful to import into the United States any wildlife or
 plant listed in Appendix I, II or III (see s 23.23) from any foreign country.

     (b)(2) It is unlawful to import directly into the United States any
 wildlife or plant listed in Appendix I or II (see s 23.23) taken from the sea
 beyond the jurisdiction of any country.

   (c) Export
   It is unlawful to export from the United States any wildlife or plant listed
 in Appendix I, II or III (see s 23.23).

   (d) Re-export
   It is unlawful to re-export from the United States any wildlife or plant
 listed in Appendix I, II or III (see s 23.23).

   (e) Possession
   It is unlawful for any person subject to the jurisdiction of the United
 States to possess any wildlife or plant listed in Appendix I, II or III
 imported into the United States, or exported or re-exported from the United
 States contrary to the provisions of the Convention or this Part 23.

  s 23.12 Requirements.

   (a) Import
     (a)(1) Appendix I. (i) In order to import into the United States any
 wildlife or plant listed in Appendix I from any foreign country, a United
 States import permit, issued pursuant to s 23.15, and a valid foreign export
 permit issued by the country of origin or a valid foreign re-export certificate
 issued by the country of re-export must be obtained prior to such importation.

   (ii) In order to import directly into the United States any wildlife or plant
 listed in Appendix I taken from the sea beyond the jurisdiction of any country,
 a United States import permit issued pursuant to s 23.15 must be obtained prior
 to such importation.

     (ii)(2) Appendix II. (i) In order to import into the United States any
 wildlife or plant listed in Appendix II from any foreign country, a valid
 foreign export permit issued by the country of origin, or a valid foreign re-
 export certificate issued by the country of re-export, must be obtained prior
 to such importation.

   (ii) In order to import directly into the United States any wildlife or plant
 listed in Appendix II taken from the sea beyond the jurisdiction of any
 country, a United States import permit issued pursuant to s 23.15, must be
 obtained prior to such importation.

     (ii)(3) Appendix III. (i) In order to import into the United States any
 wildlife or plant listed in Appendix III from a foreign country that has listed
 such animal or plant in Appendix III, a valid foreign export permit or re-
 export certificate issued by such country must be obtained prior to such
 importation.

   (ii) In order to import into the United States any wildlife or plant listed
 in Appendix III from a foreign country that has not listed such wildlife or
 plant in Appendix III, a valid foreign certificate of origin or foreign re-
 export certificate must be obtained prior to such importation.

   (b) Export or Re-export
     (b)(1) Appendices I and II. In order to export or re-export from the United
 States any wildlife or plant listed in Appendix I or II, a United States export
 permit or re-export certificate, issued pursuant to s 23.15, must be obtained
 prior to such exportation or re-exportation.

     (b)(2) Appendix III. (i) In order to export or re-export from the United
 States any wildlife or plant listed in Appendix III by the United States, a
 United States export permit or re-export certificate issued pursuant to s
 23.15, must be obtained prior to such exportation or re-exportation.

   (ii) In order to export or re-export from the United States any wildlife or
 plant listed in Appendix III that has not been listed by the United States, a
 re-export certificate or certificate of origin, issued pursuant to s 23.15,
 must be obtained prior to such exportation or re-exportation.

  s 23.13 Exceptions.

   (a) If any wildlife or plant listed in Appendix I, II or III is also subject
 to the regulations in Part 17 or Part 18 of this subchapter, the prohibitions
 and exceptions in those parts and in Part 23 shall apply.  Exceptions in one
 part cannot be invoked to allow activities prohibited in another part.

   (b) The prohibitions in s 23.11 (b) through (d) concerning importation,
 exportation and re-exportation shall not apply to wildlife or plant listed in
 Appendix I, II or III that are being transshipped through the United States
 provided such wildlife or plants remain in Customs custody.

   (c) The prohibitions in s 23.11 (b) through (d) concerning importation,
 exportation and re-exportation shall not apply to wildlife or plants when a
 certificate has been issued by the management authority of the country of
 origin or the country of re-export to the effect that the wildlife or plant was
 acquired prior to the date the Convention applied to it.  See s 23.15 for rules
 on the issuance of such certificates.

   (d) The prohibitions in s 23.11 (b) through (d) concerning importation,
 exportation and re-exportation shall not apply to wildlife or plants that are
 accompanying personal baggage or part of a shipment of the household effects of
 persons moving their residences to or from the United States: Provided, That
 this exception shall not apply to:

     (d)(1) Importation by U.S. residents of wildlife or plants listed in
 Appendix I that were acquired outside the United States;  or

     (d)(2) Importation by U.S. residents of wildlife or plants listed in
 Appendix II that were taken from the wild in a foreign country, if that country
 requires export permits.

   (e) Wildlife or plants listed in Appendix I that have been bred in captivity
 or artificially propagated, for commercial activities, shall be treated as if
 listed in Appendix II.

   (f) The prohibitions in s 23.11 (b) through (d) concerning importation,
 exportation and re-exportation shall not apply to wildlife or plants when a
 certificate has been issued by the management authority of the country of
 export to the effect that the wildlife or plant was bred in captivity o artificially propagated, or was part of or derived therefrom.  See s 23.15 for
 rules on the issuance of such certificates.

   (g) The prohibitions in s 23.11 (b) through (d) concerning importation,
 exportation and re-exportation shall not apply to herbarium specimens, other
 preserved, dried or embedded museum specimens, and live plant material when
 they are imported, exported or re-exported as a non-commercial loan, donation
 or exchange between scientists or scientific institutions that have been
 registered by a management authority of their country, and when a label issued
 or approved by such management authority is clearly affixed to the package or
 container.  See s 23.15 for rules on registration and issuance or approval of
 labels.

  s 23.14 Foreign documentation.

   (a) Party countries
   Only export permits, re-export certificates, certificates of origin, or other
 certificates issued and signed by a management authority will be accepted as a
 valid foreign document from a country that is a party to the Convention.

   (b) Countries that are not parties
   The requirements in this Part 23 apply to all wildlife and plants listed in
 Appendix I, II or III to the Convention, whether the shipment is to or from a
 country that is party to the Convention, or to or from any other country.  In
 the case of a shipment from a country not party to the Convention, documents
 containing information corresponding to that required by the regulations in
 this Part 23 may be accepted.  Such documents may be in the form of an export
 or import permit, a letter from the proper authority, or any other form that
 clearly indicates the nature of the document.  Such documents must:

     (b)(1) Be issued by an official of the country responsible for authorizing
 the export of such wildlife or plants;

     (b)(2) Specify the species (or taxa to the rank listed in Appendix I, II or
 III) and give the numbers of wildlife or plants covered by the document;  and

     (b)(3) Contain the following statement or its equivalent:
     I, --------------------, (Signing official), hereby certify that the
 shipment of wildlife or plants covered by this document is in accordance with
 the laws of ------------ (Country), will not be detrimental to the survival of
 the species in the wild, and, if living, will be transported in a manner which
 will minimize the risk of injury, damage to health, or cruel treatment.

  s 23.15 Permits and certificates.

   (a) In order to import, export or re-export wildlife or plants listed in
 Appendix I, II or III that are also listed as endangered or threatened and
 subject to regulations in Part 17 of this subchapter, the requirements in both
 Part 17 and Part 23 must be met.  A single application meeting the appropriate
 application requirements in Part 17 will also meet the application requirements
 in Part 23.

   (b) In order to import wildlife listed in Appendix I, II or III that are
 marine mammals subject to regulations in Part 18 of this subchapter, the
 requirements in both Part 18 and Part 23 must be met.  A single application
 meeting the application requirements in Part 18 will also meet the application
 requirements in Part 23.

   (c) Application requirements for permits or certificates to import, export or
 re-export wildlife or plants listed in Appendix I, II or III that are not
 subject to the regulations in Part 17 or Part 18 of this subchapter.
 Applications for permits or certificates under this section must be submitted
 to the Director by any person subject to the jurisdiction of the United States
 who wishes to engage in the activity.  Each application must be submitted on an
 official application form (Form 3-200) provided by the Service, or must contain
 the general information and certification required by s 13.12(a) of this
 subchapter, and must include, as an attachment, as much of the following
 information as relates to the purpose for which the applicant is requesting a
 permit or certificate.

     (c)(1) The scientific and common names of the species (or taxa to the rank
 listed in Appendix I, II or III) sought to be covered by the permit, the number
 of wildlife or plants, and the activity sought to be authorized (such as
 importing, exporting, re-exporting, etc.);

     (c)(2) A statement as to whether the wildlife or plant, at the time of
 application, (i) is living in the wild, (ii) is living but is not in the wild,
 or (iii) is dead;

     (c)(3) A description of the wildlife or plant, including (i) size, (ii)
 sex (if known), and (iii) type of goods, if it is a part or derivative;

     (c)(4) In the case of living wildlife or plants, (i) a description of the
 type, size and construction of any container the wildlife or plant will be
 placed in during transportation;  and (ii) the arrangements for watering and
 otherwise caring for the wildlife or plant during transportation;

     (c)(5) The name and address of the person in a foreign country to whom the
 wildlife or plant is to be exported from the United States, or from who wildlife or plant is to be imported into the United States;

     (c)(6) The country and place where the wildlife or plant was or is to be
 taken from the wild;

     (c)(7) In the case of wildlife or plants listed in Appendix I to be
 imported into the United States, (i) a statement of the purposes and details of
 the activities for which the wildlife or plant is to be imported;  (ii) a brief
 resume of the technical expertise of the applicant or other persons who will
 care for the wildlife or plant;  (iii) the name, address and a description,
 including diagrams or photographs, of the facility where the wildlife or plant
 will be maintained;  and (iv) a description of all mortalities, in the two
 years preceding the date of this application, involving any wildlife species
 covered in the application (or any species of the same genus or family) held by
 the applicant, including the causes and steps taken to avoid such mortalities;
 and

     (c)(8) Copies of documents, sworn affidavits or other evidence showing that
 either (i) the wildlife or plant was acquired prior to the date the Convention
 applied to it, or (ii) the wildlife or plant was bred in captivity or
 artificially propagated, or was part of or derived therefrom, or (iii) the
 wildlife or plant is an herbarium specimen, other preserved, dried or embedded
 museum specimen or live plant material to be imported, exported or re-exported
 as a non-commercial loan, donation or exchange between scientists or scientific
 institutions.

   (d) Issuance criteria
   Upon receiving an application completed in accordance with paragraph (a), (b)
 or (c) of this section, the Director will decide whether or not a permit or
 certificate should be issued.  In making his decision, the Director shall
 consider in addition to the general criteria in s 13.21(b) of this subchapter,
 the following factors:

     (d)(1) Whether the proposed import, export or re-export would be
 detrimental to the survival of the species;

     (d)(2) Whether the wildlife or plant was acquired lawfully;

     (d)(3) Whether any living wildlife or plant to be exported or re-exported
 will be so prepared and shipped as to minimize the risk of injury, damage to
 health or cruel treatment;

     (d)(4) Whether any living wildlife or plant to be imported directly into
 the United States from the sea beyond the jurisdiction of any country will be
 so handled as to minimize the risk of injury, damage to health or cruel
 treatment;

     (d)(5) Whether an import permit has been granted by a foreign country, in
 the case of proposed export or re-export from the United States of any wildlife
 or plant listed in Appendix I;

     (d)(6) Whether the proposed recipient of any living wildlife or plant
 listed in Appendix I to be imported into the United States is suitably equipped
 to house and care for such wildlife or plant;

     (d)(7) Whether any wildlife or plant listed in Appendix I to be imported
 into the United States is to be used for primarily commercial activities;  and

     (d)(8) Whether the evidence submitted is sufficient to justify an
 exception, in the case of (i) wildlife or plants that were acquired prior to
 the date the Convention applied to them;  (ii) wildlife or plants that were
 bred in captivity or artificially propagated, or were part of or derived there
 from;  or (iii) wildlife or plants that are herbarium specimens;  other
 preserved, dried or embedded museum specimens, or live plant material to be
 imported, exported or re-exported as a noncommercial loan, donation or exchange
 between scientists or scientific institutions.

     (d)(9) Whether in the case of wildlife or plants listed in Appendix II,
 they are the subject of a large volume of trade and are not necessarily
 threatened with extinction.

   (e) Permit or certificate conditions

   In addition to the general criteria set forth in Part 13 of this subchapter,
 permits or certificates issued under this section shall be subject to the
 following special conditions:

     (e)(1) Any permit must be presented to a Service agent at a designated port
 of entry upon importation into the United States or prior to exportation or re-
 exportation from the United States:

     (e)(2) Where appropriate and feasible, the Service may require that an
 identifying mark be affixed upon any wildlife or plant;

     (e)(3) In the case of wildlife or plants that are herbarium specimens,
 other preserved, dried or embedded museum specimens, or live plant material to
 be imported, exported or re-exported as a non-commercial loan, donation or
 exchange between scientists or scientific institutions, the names and addresses
 of the consignor and consignee must be on each package or container.  The
 letters "CITES" (acronym for the Convention), a description such as "herbarium
 specimens," and the code letters assigned by the Service to the scientist or
 scientific institution, must be entered on the Customs declaration form affixed
 to each package or container.

   (f) Duration of permits or certificates
   The duration of permits or certificates issued under this section shall be
 designated on the face of the permit or certificate, but in no case will export
 permits be valid for longer than six months.
 
  s 23.21 Criteria for listing species. (Reserved)

  s 23.22 Procedures for amending the appendices. (Reserved)

  s 23.23 Species listed in Appendices I, II, and III.

   (a) The list in this section includes species of wildlife and plants placed
 in Appendix I, II or III in accordance with the provisions of Articles XV and
 XVI of the Convention.
   The list of species is organized as follows:
   
_______________________________________________________________
MAJOR GROUP		SUBGROUPS
_______________________________________________________________
Mammals			Orders, in taxonomic sequence.
Birds				Do.
Reptiles			Do.
Amphibians			Do.
Fishes				Do.
Molluscs		Classes.
Insects			None.
Plants			Families, in alphabetical sequence.
_______________________________________________________________
	
   In each group, species are listed in alphabetical sequence.  The scientific
 name takes precedence over the common name in determining if a species is
 listed.

   (b) The appendix column of the list includes the annotation "pe" (=possibly
 extinct) for certain species.  It also contains the names of Parties in species in Appendix III.

   (c) For purposes of issuing United States certificates of exemption under
 Article VII(3), the date when the Convention applies to a species is the date
 when the inclusion of that species in the appendices enters into force under
 the terms of Article XV or XVI of the Convention.  The date of first listing is
 retained if a species is transferred from one appendix to another or if a
 listed species is subsequently included with other species in the listing of a
 taxon above the species level.  Such species are shown separately in this
 publication of the appendices.  The date of a subsequent listing is used only
 if a species is entirely deleted from the appendices and is subsequently
 reincluded after an intervening period of time.

   (d) All living or dead animals and plants in Appendix I or II and all readily
 recognizable parts and derivatives thereof are subject to the regulations of
 this Part, except for the following for plants in Appendix II:  (1) Seeds,
 spores, and pollen (including pollinia) other than seeds of Cycadaceae spp.,
 Stangeriaceae spp., and Zamiaceae spp.;  (2) tissue cultures and flaske seedling cultures;  (3) parts and derivatives, other than roots and readily
 recognizable parts thereof, of Panax quinquefolius; (4) fruits and parts and
 derivatives thereof of naturalized or artificially propagated Cactaceae spp.,
 and separate stem joints (pads) and parts and derivatives thereof of
 naturalized or artificially propagated species of Opuntia subgenus Opuntia;
 (5) separate leaves and parts and derivatives thereof of naturalized or
 artificially propagated Aloe vera;  and (6) cut flowers of artificially
 propagated Orchidaceae spp., and fruits and parts and derivatives thereof of
 artificially propagated Vanilla spp. All living or dead animals and plants
 included in Appendix III, and readily recognizable parts and derivatives
 thereof (unless specified otherwise for particular species in the list) are
 subject to the regulations of this part.

   (e) (Reserved)

   (f) The list of species in the Appendices to the Convention on International
 Trade in Endangered Species of Wild Fauna and Flora.
 
  Authority: Convention on International Trade in Endangered Species of Wild
 Fauna and Flora, TIAS 8249;  and Endangered Species Act of 1973, 87 Stat. 884,
 16 U.S.C. 1531 et seq.