[Code of Federal Regulations]
[Title 50, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR14.106]

[Page 68-70]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR
 
PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE--Table of Contents
 
  Subpart J--Standards for the Humane and Healthful Transport of Wild 
                 Mammals and Birds to the United States
 
Sec. 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, 1993, published

[[Page 69]]

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 Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.
    (b) A primary enclosure shall be constructed so that--
    (1) The strength of the enclosure is sufficient to contain the 
mammal or bird and to withstand the normal effects of transport;
    (2) The interior of the enclosure is free from any protrusion that 
could be injurious to the mammal or bird within;
    (3) No part of the animal can extend or protrude outside of the 
primary enclosure which may result in injury to the contained animal, to 
nearby persons or animals, or to handlers of the primary enclosure;
    (4) Access to the primary enclosure is closed and secured with an 
animal-proof device designed to prevent accidental opening and release 
of the mammal or bird;
    (5) The opening of the enclosure is easily accessible for either 
emergency removal or inspection of the mammal or bird by authorized 
personnel without the risk of escape of the mammal or bird;
    (6) The enclosure has sufficient openings to ensure adequate 
circulation of air at all times.
    (7) The material of which the primary enclosure is constructed is 
not treated with any paint, preservative, or other chemical that is 
injurious or otherwise harmful to the health or well-being of mammals 
and birds.
    (c) Unless the enclosure is permanently affixed in the conveyance or 
has an open top for certain large mammals, spacer bars allowing 
circulation of air around the enclosure shall be fitted to the exterior 
of its top, sides, and base. Spacer bars on an enclosure need extend no 
more than 6 inches (15 centimeters) from the surface of the enclosure. 
Within this 6 inch limit, the spacers on an enclosure containing one 
animal shall extend a distance equal to at least 10 percent of the 
longer dimension of the surface to which they are attached, and the 
spacers on an enclosure containing more than one animal shall extend a 
distance equal to at least 20 percent of the longer dimension of the 
surface to which they are attached. Hand-holds may serve as spacer bars 
for the sides of the enclosure to which they are attached. A primary 
enclosure constructed with one or more slanted or curved walls 
containing ventilation openings need not be fitted with spacer bars on 
such walls.
    (d) An enclosure that is not permanently affixed within the 
conveyance shall have adequate hand-holds or other devices for lifting 
by hand or to facilitate lifting and carrying by machine. Such hand-
holds or other devices shall be made an integral part of the enclosure, 
shall enable it to be lifted without excessive tipping, and shall be 
designed so that the person handling the enclosure will not come in 
contact with the animals contained therein.
    (e) An enclosure shall have a solid, leak-proof bottom or removable, 
leak-proof collection tray under a slatted or wire mesh floor. The 
slatted or wire mesh floor shall be designed and constructed so that the 
spaces between the slats or the holes in the mesh cannot trap the limbs 
of animals contained within the enclosure. An enclosure for mammals 
shall contain unused absorbent litter on the solid bottom or in the 
leak-proof tray in sufficient quantity to absorb and cover excreta. This 
litter shall be safe and nontoxic and shall not resemble food normally 
consumed by the mammals. An enclosure used to transport marine mammals 
in water, in a waterproof enclosure, a sling, or on foam is exempt from 
the requirement to contain litter. An enclosure used to transport birds 
shall not contain litter, unless it is specified in writing by the 
examining veterinarian as medically necessary.
    (f) If an enclosure has been previously used to transport or store 
wild mammals or birds, it shall have been

[[Page 70]]

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 Sec. 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]