[Code of Federal Regulations]
[Title 50, Volume 2]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR17.21]

[Page 84-88]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                          INTERIOR (CONTINUED)
 
PART 17_ENDANGERED AND THREATENED WILDLIFE AND PLANTS--Table of Contents
 
                      Subpart C_Endangered Wildlife
 
Sec. 17.21  Prohibitions.


    (a) Except as provided in subpart A of this part, or under permits 
issued pursuant to Sec. 17.22 or Sec. 17.23, it is unlawful for any 
person subject to the jurisdiction of the United States to commit, to 
attempt to commit, to solicit another to commit or to cause to be 
committed, any of the acts described in paragraphs (b) through (f) of 
this section in regard to any endangered wildlife.
    (b) Import or export. It is unlawful to import or to export any 
endangered wildlife. Any shipment in transit through the United States 
is an importation and an exportation, whether or not it has entered the 
country for customs purposes.
    (c) Take. (1) It is unlawful to take endangered wildlife within the 
United States, within the territorial sea of the United States, or upon 
the high seas. The high seas shall be all waters seaward of the 
territorial sea of the United States, except waters officially 
recognized by the United States as the territorial sea of another 
country, under international law.
    (2) Notwithstanding paragraph (c)(1) of this section, any person may 
take endangered wildlife in defense of his own life or the lives of 
others.
    (3) Notwithstanding paragraph (c)(1) of this section, any employee 
or agent of the Service, any other Federal land management agency, the 
National Marine Fisheries Service, or a State conservation agency, who 
is designated by his agency for such purposes, may,

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when acting in the course of his official duties, take endangered 
wildlife without a permit if such action is necessary to:
    (i) Aid a sick, injured or orphaned specimen; or
    (ii) Dispose of a dead specimen; or
    (iii) Salvage a dead specimen which may be useful for scientific 
study; or
    (iv) Remove specimens which constitute a demonstrable but 
nonimmediate threat to human safety, provided that the taking is done in 
a humane manner; the taking may involve killing or injuring only if it 
has not been reasonably possible to eliminate such threat by live-
capturing and releasing the specimen unharmed, in a remote area.
    (4) Any taking under paragraphs (c)(2) and (3) of this section must 
be reported in writing to the U.S. Fish and Wildlife Service, Office of 
Law Enforcement, 4401 North Fairfax Drive, LE-3000, Arlington, VA 22203, 
within five days. The specimen may only be retained, disposed of, or 
salvaged under directions from the Office of Law Enforcement.
    (5) Notwithstanding paragraph (c)(1) of this section, any qualified 
employee or agent of a State Conservation Agency which is a party to a 
Cooperative Agreement with the Service in accordance with section 6(c) 
of the Act, who is designated by his agency for such purposes, may, when 
acting in the course of his official duties take those endangered 
species which are covered by an approved cooperative agreement for 
conservation programs in accordance with the Cooperative Agreement, 
provided that such taking is not reasonably anticipated to result in:
    (i) The death or permanent disabling of the specimen;
    (ii) The removal of the specimen from the State where the taking 
occurred;
    (iii) The introduction of the specimen so taken, or of any progeny 
derived from such a specimen, into an area beyond the historical range 
of the species; or
    (iv) The holding of the specimen in captivity for a period of more 
than 45 consecutive days.
    (6) Notwithstanding paragraph (c)(1) of this section, any person 
acting under a valid migratory bird rehabilitation permit issued 
pursuant to Sec. 21.31 of this subchapter may take endangered migratory 
birds without an endangered species permit if such action is necessary 
to aid a sick, injured, or orphaned endangered migratory bird, provided 
the permittee:
    (i) Notifies the issuing Migratory Bird Permit Office immediately 
upon receipt of such bird (contact information for your issuing office 
is listed on your permit and on the Internet at http://offices.fws.gov); 
and
    (ii) Disposes of or transfers such birds, or their parts or 
feathers, as directed by the Migratory Bird Permit Office.
    (7) Notwithstanding paragraph (c)(1) of this section, persons exempt 
from the permit requirements of Sec. 21.12(c) and (d) of this 
subchapter may take sick and injured endangered migratory birds without 
an endangered species permit in performing the activities authorized 
under Sec. 21.12(c) and (d).
    (d) Possession and other acts with unlawfully taken wildlife. (1) It 
is unlawful to possess, sell, deliver, carry, transport, or ship, by any 
means whatsoever, any endangered wildlife which was taken in violation 
of paragraph (c) of this section.

    Example. A person captures a whooping crane in Texas and gives it to 
a second person, who puts it in a closed van and drives thirty miles, to 
another location in Texas. The second person then gives the whooping 
crane to a third person, who is apprehended with the bird in his 
possession. All three have violated the law--the first by illegally 
taking the whooping crane; the second by transporting an illegally taken 
whooping crane; and the third by possessing an illegally taken whooping 
crane.

    (2) Notwithstanding paragraph (d)(1) of this section, Federal and 
State law enforcement officers may possess, deliver, carry, transport or 
ship any endangered wildlife taken in violation of the Act as necessary 
in performing their official duties.
    (3) Notwithstanding paragraph (d)(1) of this section, any person 
acting under a valid migratory bird rehabilitation permit issued 
pursuant to Sec. 21.31 of this subchapter may possess and transport 
endangered migratory birds without an endangered species permit when 
such

[[Page 86]]

action is necessary to aid a sick, injured, or orphaned endangered 
migratory bird, provided the permittee:
    (i) Notifies the issuing Migratory Bird Permit Office immediately 
upon receipt of such bird (contact information for your issuing office 
is listed on your permit and on the Internet at http://offices.fws.gov); 
and
    (ii) Disposes of or transfers such birds, or their parts or 
feathers, as directed by the Migratory Bird Permit Office.
    (4) Notwithstanding paragraph (d)(1) of this section, persons exempt 
from the permit requirements of Sec. 21.12(c) and (d) of this 
subchapter may possess and transport sick and injured endangered 
migratory bird species without an endangered species permit in 
performing the activities authorized under Sec. 21.12(c) and (d).
    (e) Interstate or foreign commerce. It is unlawful to deliver, 
receive, carry transport, or ship in interstate or foreign commerce, by 
any means whatsoever, and in the course of a commercial activity, any 
endangered wildlife.
    (f) Sale or offer for sale. (1) It is unlawful to sell or to offer 
for sale in interstate or foreign commerce any endangered wildlife.
    (2) An advertisement for the sale of endangered wildlife which 
carries a warning to the effect that no sale may be consummated until a 
permit has been obtained from the U.S. Fish and Wildlife Service shall 
not be considered an offer for sale within the meaning of this section.
    (g) Captive-bred wildlife. (1) Notwithstanding paragraphs (b), (c), 
(e) and (f) of this section, any person may take; export or re-import; 
deliver, receive, carry, transport or ship in interstate or foreign 
commerce, in the course of a commercial activity; or sell or offer for 
sale in interstate or foreign commerce any endangered wildlife that is 
bred in captivity in the United States provided either that the wildlife 
is of a taxon listed in paragraph (g)(6) of this section, or that the 
following conditions are met:
    (i) The wildlife is of a species having a natural geographic 
distribution not including any part of the United States, or the 
wildlife is of a species that the Director has determined to be eligible 
in accordance with paragraph (g)(5) of this section;
    (ii) The purpose of such activity is to enhance the propagation or 
survival of the affected species;
    (iii) Such activity does not involve interstate or foreign commerce, 
in the course of a commercial activity, with respect to non-living 
wildlife;
    (iv) Each specimen of wildlife to be re-imported is uniquely 
identified by a band, tattoo or other means that was reported in writing 
to an official of the Service at a port of export prior to export from 
the United States; and
    (v) Any person subject to the jurisdiction of the United States who 
engages in any of the activities authorized by this paragraph does so in 
accordance with paragraphs (g) (2), (3) and (4) of this section, and 
with all other applicable regulations in this Subchapter B.
    (2) Any person subject to the jurisdiction of the United States 
seeking to engage in any of the activities authorized by this paragraph 
must first register with the Service (Office of Management Authority, 
U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Arlington, 
Virginia 22203). Requests for registration must be submitted on an 
official application form (Form 3-200-41) provided by the Service, and 
must include the following information:
    (i) The types of wildlife sought to be covered by the registration, 
identified by common and scientific name to the taxonomic level of 
family, genus or species;
    (ii) A description of the applicant's experience in maintaining and 
propagating the types of wildlife sought to be covered by the 
registration, and when appropriate, in conducting research directly 
related to maintaining and propagating such wildlife;
    (iii) Photograph(s) or other evidence clearly depicting the 
facilities where such wildlife will be maintained; and
    (iv) a copy of the applicant's license or registration, if any, 
under the animal welfare regulations of the U.S. Department of 
Agriculture (9 CFR part 2).
    (3) Upon receiving a complete application, the Director will decide 
whether or not the registration will be approved. In making this 
decision, the Director will consider, in addition to

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the general criteria in Sec. 13.21(b) of this subchapter, whether the 
expertise, facilities or other resources available to the applicant 
appear adequate to enhance the propagation or survival of the affected 
wildlife. Public education activities may not be the sole basis to 
justify issuance of a registration or to otherwise establish eligibility 
for the exception granted in paragraph (g)(1) of this section. Each 
person so registered must maintain accurate written records of 
activities conducted under the registration, and allow reasonable access 
to Service agents for inspection purposes as set forth in Sec. Sec. 
13.46 and 13.47. Each person registered must submit to the Director an 
individual written annual report of activities, including all births, 
deaths and transfers of any type.
    (4) Any person subject to the jurisdiction of the United States 
seeking to export or conduct foreign commerce in captive-bred endangered 
wildlife that will not remain under the care of that person must first 
obtain approval by providing written evidence to satisfy the Director 
that the proposed recipient of the wildlife has expertise, facilities or 
other resources adequate to enhance the propagation or survival of such 
wildlife and that the proposed recipient will use such wildlife for 
purposes of enhancing the propagation or survival of the affected 
species.
    (5)(i) The Director will use the following criteria to determine if 
wildlife of any species having a natural geographic distribution that 
includes any part of the United States is eligible for the provisions of 
this paragraph:
    (A) Whether there is a low demand for taking of the species from 
wild populations, either because of the success of captive breeding or 
because of other reasons, and
    (B) Whether the wild populations of the species are effectively 
protected from unauthorized taking as a result of the inaccessibility of 
their habitat to humans or as a result of the effectiveness of law 
enforcement.
    (ii) The Director will follow the procedures set forth in the Act 
and in the regulations thereunder with respect to petitions and 
notification of the public and governors of affected States when 
determining the eligibility of species for purposes of this paragraph.
    (iii) In accordance with the criteria in paragraph (g)(5)(i) of this 
section, the Director has determined the following species to be 
eligible for the provisions of this paragraph:

Laysan duck (Anas laysanensis).

    (6) Any person subject to the jurisdiction of the United States 
seeking to engage in any of the activities authorized by paragraph 
(g)(1) of this section may do so without first registering with the 
Service with respect to the bar-tailed pheasant (Syrmaticus humiae), 
Elliot's pheasant (S. ellioti), Mikado pheasant (S. mikado), brown eared 
pheasant (Crossoptilon mantchuricum), white eared pheasant (C. 
crossoptilon), cheer pheasant (Catreus wallichii), Edward's pheasant 
(Lophura edwardsi), Swinhoe's pheasant (L. swinhoii), Chinese monal 
(Lophophorus lhuysii), and Palawan peacock pheasant (Polyplectron 
emphanum); parakeets of the species Neophema pulchella and N. splendida; 
the Laysan duck (Anas laysanensis); the white-winged wood duck (Cairina 
scutulata); and the inter-subspecific crossed or ``generic'' tiger 
(Panthera tigris) (i e., specimens not identified or identifiable as 
members of the Bengal, Sumatran, Siberian or Indochinese subspecies 
(Panthera tigris tigris, P.t. sumatrae, P.t. altaica and P.t. corbetti, 
respectively) provided:
    (i) The purpose of such activity is to enhance the propagation or 
survival of the affected exempted species;
    (ii) Such activity does not involve interstate or foreign commerce, 
in the course of a commercial activity, with respect to non-living 
wildlife;
    (iii) Each specimen to be re-imported is uniquely identified by a 
band, tattoo or other means that was reported in writing to an official 
of the Service at a port of export prior to export of the specimen from 
the United States;
    (iv) No specimens of the taxa in this paragraph (g)(6) of this 
section that were taken from the wild may be imported for breeding 
purposes absent a definitive showing that the need for new bloodlines 
can only be met by wild specimens, that suitable foreign-bred, captive 
individuals are unavailable, and that wild populations can sustain

[[Page 88]]

limited taking, and an import permit is issued under Sec. 17.22;
    (v) Any permanent exports of such specimens meet the requirements of 
paragraph (g)(4) of this section; and
    (vi) Each person claiming the benefit of the exception in paragraph 
(g)(1) of this section must maintain accurate written records of 
activities, including births, deaths and transfers of specimens, and 
make those records accessible to Service agents for inspection at 
reasonable hours as set forth in Sec. Sec. 13.46 and 13.47.
    (h) U.S. captive-bred scimitar-horned oryx, addax, and dama gazelle. 
Notwithstanding paragraphs (b), (c), (e), and (f) of this section, any 
person subject to the jurisdiction of the United States may take; export 
or re-import; deliver, receive, carry, transport or ship in interstate 
or foreign commerce, in the course of a commercial activity; or sell or 
offer for sale in interstate or foreign commerce live wildlife, 
including embryos and gametes, and sport-hunted trophies of scimitar-
horned oryx (Oryx dammah), addax (Addax nasomaculatus), and dama gazelle 
(Gazella dama) provided:
    (1) The purpose of such activity is associated with the management 
or transfer of live wildlife, including embryos and gametes, or sport 
hunting in a manner that contributes to increasing or sustaining captive 
numbers or to potential reintroduction to range countries;
    (2) The specimen was captive-bred, in accordance with Sec. 17.3, 
within the United States;
    (3) All live specimens of that species held by the captive-breeding 
operation are managed in a manner that prevents hybridization of the 
species or subspecies.
    (4) All live specimens of that species held by the captive-breeding 
operation are managed in a manner that maintains genetic diversity.
    (5) Any export of or foreign commerce in a specimen meets the 
requirements of paragraph (g)(4) of this section, as well as parts 13, 
14, and 23 of this chapter;
    (6) Each specimen to be re-imported is uniquely identified by a 
tattoo or other means that is reported on the documentation required 
under paragraph (h)(5) of this section; and
    (7) Each person claiming the benefit of the exception of this 
paragraph (h) must maintain accurate written records of activities, 
including births, deaths, and transfers of specimens, and make those 
records accessible to Service officials for inspection at reasonable 
hours set forth in Sec. Sec. 13.46 and 13.47 of this chapter.
    (8) The sport-hunted trophy consists of raw or tanned parts, such as 
bones, hair, head, hide, hooves, horns, meat, skull, rug, taxidermied 
head, shoulder, or full body mount, of a specimen that was taken by the 
hunter during a sport hunt for personal use. It does not include 
articles made from a trophy, such as worked, manufactured, or handicraft 
items for use as clothing, curios, ornamentation, jewelry, or other 
utilitarian items for commercial purposes.

[40 FR 44415, Sept. 26, 1975, as amended at 40 FR 53400, Nov. 18, 1975; 
41 FR 19226, May 11, 1976; 44 FR 31580, May 31, 1979; 44 FR 54007, Sept. 
17, 1979; 58 FR 68325, Dec. 27, 1993; 63 FR 48640, Sept. 11, 1998; 68 FR 
2919, Jan. 22, 2003; 68 FR 61136, Oct. 27, 2003; 70 FR 52318, Sept. 2, 
2005; 73 FR 47733, Aug. 14, 2008]