[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: 50CFR17.42]

[Page 116-120]
 
                    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 D_Threatened Wildlife
 
Sec. 17.42  Special rules--reptiles.

    (a) American alligator (Alligator mississippiensis)--(1) 
Definitions. For purposes of this paragraph (a) the following 
definitions apply:
    (i) American alligator means any specimen of the species Alligator 
mississippiensis, whether alive or dead, including any skin, part, 
product, egg, or offspring thereof held in captivity or from the wild.
    (ii) The definitions of crocodilian skins and crocodilian parts in 
Sec. 23.70(b) of this subchapter apply to this paragraph (a).
    (2) Taking. No person may take any American alligator, except:
    (i) Any employee or agent of the Service, any other Federal land 
management agency, or a State conservation agency, who is designated by 
the agency for such purposes, may, when acting in the course of official 
duties, take an American alligator.
    (ii) Any person may take an American alligator in the wild, or one 
which

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was born in captivity or lawfully placed in captivity, and may deliver, 
receive, carry, transport, ship, sell, offer to sell, purchase, or offer 
to purchase such alligator in interstate or foreign commerce, by any 
means whatsoever and in the course of a commercial activity in 
accordance with the laws and regulations of the State of taking subject 
to the following conditions:
    (A) Any skin of an American alligator may be sold or otherwise 
transferred only if the State or Tribe of taking requires skins to be 
tagged by State or tribal officials or under State or tribal supervision 
with a Service-approved tag in accordance with the requirements in part 
23 of this subchapter; and
    (B) Any American alligator specimen may be sold or otherwise 
transferred only in accordance with the laws and regulations of the 
State or Tribe in which the taking occurs and the State or Tribe in 
which the sale or transfer occurs.
    (3) Import and export. Any person may import or export an American 
alligator specimen provided that it is in accordance with part 23 of 
this subchapter.
    (4) Recordkeeping. (i) Any person not holding an import/export 
license issued by the Service under part 14 of this subchapter and who 
imports, exports, or obtains permits under part 23 of this subchapter 
for the import or export of American alligator shall keep such records 
as are otherwise required to be maintained by all import/export 
licensees under part 14 of this subchapter. Such records shall be 
maintained as in the normal course of business, reproducible in the 
English language, and retained for 5 years from the date of each 
transaction.
    (ii) Subject to applicable limitations of law, duly authorized 
officers at all reasonable times shall, upon notice, be afforded access 
to examine such records required to be kept under paragraph (a)(4)(i) of 
this section, and an opportunity to copy such records.
    (b) Green sea turtle (Chelonia mydas), loggerhead sea turtle 
(Caretta caretta), olive ridley sea turtle (Lepidochelys olivacea) 
(these do not include the populations listed as endangered in Sec. 
17.11).
    (1) Prohibitions. Subject to the permits allowable under the 
following paragraph (b)(2) of this section, all of the provisions set 
forth in Sec. 17.31 (which incorporate portions of Sec. 17.21) shall 
apply to this wildlife with the following exceptions:
    (i) Section 17.21(c)(2) (self-defense) is not applicable.
    (ii) In Sec. 17.21(c)(3)(i), the word ``orphaned'' is replaced by 
the word ``stranded.''
    (iii) Delete Sec. 17.21(c)(3)(iv) (Wildlife threatening human 
safety).
    (iv) [Reserved]
    (v) The prohibition against taking shall not apply to incidental 
catches, as specified in 50 CFR 227.72(e).
    (vi) The prohibition against taking within the United States or the 
territorial sea of the United States shall not apply to subsistence 
taking, as specified in 50 CFR 227.72(f).
    (2) Permits. (i) For those activities which come under the 
jurisdiction of the Service, only permits for scientific purposes, 
enhancement of propagation or survival, zoological exhibition or 
educational purposes, are available under Sec. 17.32. Procedures for 
issuance of permits are found in Sec. 17.32 and, for those activities 
which come under the jurisdiction of the National Marine Fisheries 
Service, subpart E of part 220. All the provisions of Sec. 17.32 apply 
to permits issued by the Service.
    (c) Threatened crocodilians--(1) What are the definitions of terms 
used in this paragraph (c)?
    (i) Threatened crocodilian means any live or dead specimen of the 
following species: yacare caiman (Caiman yacare), common caiman (Caiman 
crocodilus crocodilus), brown caiman (Caiman crocodilus fuscus, 
including Caiman crocodilus chiapasius), saltwater crocodile (Crocodylus 
porosus) originating in Australia (also referred to as Australian 
saltwater crocodile), and Nile crocodile (Crocodylus niloticus).
    (ii) The definitions of crocodilian skins and crocodilian parts in 
Sec. 23.70(b) and re-export in Sec. 23.5 of this subchapter apply to 
this paragraph (c).
    (2) What activities involving threatened crocodilians are prohibited 
by this rule?
    (i) All provisions of Sec. Sec. 17.31 and 17.32 apply to live 
specimens, including viable eggs, of all threatened crocodilians

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and to any specimen of the Appendix-I Nile crocodile.
    (ii) Except as provided in paragraph (c)(2)(i) of this section, the 
following prohibitions apply to threatened crocodilians.
    (A) Import, export, and re-export. Except as provided in paragraph 
(c)(3) of this section, it is unlawful to import, export, or re-export, 
or attempt to import, export, or re-export without valid permits as 
required under parts 17 and 23 of this subchapter any threatened 
crocodilians, including their skins, parts, and products.
    (B) Commercial activity. Except as provided in paragraph (c)(3) of 
this section, it is unlawful, in the course of a commercial activity, to 
sell or offer for sale, deliver, receive, carry, transport, or ship in 
interstate or foreign commerce any threatened crocodilians, including 
their skins, parts, and products.
    (C) It is unlawful for any person subject to the jurisdiction of the 
United States to commit, attempt to commit, solicit to commit, or cause 
to be committed any acts described in paragraphs (c)(2)(i) and 
(c)(2)(ii)(A) and (B) of this section.
    (3) What activities involving threatened crocodilians are allowed by 
this rule? Except as provided in (c)(2)(i), you may import, export, or 
re-export, or sell or offer for sale, deliver, receive, carry, 
transport, or ship in interstate or foreign commerce and in the course 
of a commercial activity, threatened crocodilian skins, parts, and 
products without a threatened species permit otherwise required under 
Sec. 17.32 provided the requirements of parts 13, 14, and 23 of this 
subchapter and the requirements of paragraphs (c)(3) and (4) of this 
section have been met.
    (i) Skins and parts. Except as provided in (c)(3)(ii) of this 
section, the import, export, or re-export of threatened crocodilian 
skins and crocodilian parts is allowed provided the following conditions 
are met:
    (A) Each crocodilian skin and crocodilian part imported, exported, 
or re-exported must be tagged or labeled in accordance with Sec. 23.70 
of this subchapter.
    (B) Any countries re-exporting crocodilian skins or parts must have 
implemented an administrative system for the effective matching of 
imports and re-exports.
    (C) If a shipment contains more than 25 percent replacement tags, 
the U.S. Management Authority will consult with the Management Authority 
of the re-exporting country before clearing the shipment. Such shipments 
may be seized if we determine that the requirements of the Convention 
have not been met.
    (D) The country of origin and any intermediary country(s) must be 
effectively implementing the Convention. If we receive persuasive 
information from the CITES Secretariat or other reliable sources that a 
specific country is not effectively implementing the Convention, we will 
prohibit or restrict imports from such country(s) as appropriate for the 
conservation of the species.
    (ii) Meat, skulls, scientific specimens, products, and noncommercial 
personal or household effects. The tagging requirements in paragraph 
(c)(3)(i) of this section for skins and parts do not apply to the 
import, export, or re-export of threatened crocodilian meat, skulls, 
scientific specimens, or products or to the noncommercial import, 
export, or re-export of personal effects in accompanying baggage or 
household effects.
    (4) When and how will the Service inform the public of additional 
restrictions in trade of threatened crocodilians? Except in rare cases 
involving extenuating circumstances that do not adversely affect the 
conservation of the species, the Service will issue an information 
bulletin (posted on our websites, http://www.fws.gov/le and http://
www.fws.gov/international) announcing additional restrictions on trade 
of specimens of threatened crocodilians if any of the following criteria 
are met:
    (i) The country is listed in a Notification to the Parties by the 
CITES Secretariat as not having designated Management and Scientific 
Authorities.
    (ii) The country is identified in any action adopted by the 
Conference of the Parties to the Convention, the Standing Committee, or 
in a Notification issued by the CITES Secretariat, whereby Parties are 
asked not to accept shipments of specimens of any

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CITES species from the country in question or of any crocodilian species 
listed in the CITES Appendices.
    (iii) We determine, based on information from the CITES Secretariat 
or other reliable sources, that the country is not effectively 
implementing the provisions of the Convention.
    (5) Reporting requirements for yacare caiman range countries.
    (i) Biennial reports. Range countries (Argentina, Bolivia, Brazil, 
and Paraguay) wishing to export specimens of yacare caiman to the United 
States for commercial purposes must provide a biennial report containing 
the most recent information available on the status of the species. The 
first submission of a status report will be required as of December 31, 
2001, and every 2 years thereafter on the anniversary of that date. For 
each range country, all of the following information must be included in 
the report.
    (A) Recent distribution and population data, and a description of 
the methodology used to obtain such estimates.
    (B) Description of research projects currently being conducted 
related to the biology of the species in the wild, particularly 
reproductive biology (for example, age or size when animals become 
sexually mature, number of clutches per season, number of eggs per 
clutch, survival of eggs, survival of hatchlings).
    (C) Description of laws and programs regulating harvest, including 
approximate acreage of land set aside as natural reserves or national 
parks that provide protected habitat for yacare caiman.
    (D) Description of current sustainable harvest programs, including 
ranching (captive rearing of specimens collected from the wild as eggs 
or juveniles) and farming (captive-breeding) programs.
    (E) Current harvest quotas for wild populations.
    (F) Export data for the last 2 years. Information should be 
organized according to the source of specimens such as wild-caught, 
captive-reared, or captive-bred.
    (ii) Review and restrictions. The U.S. Scientific Authority will 
conduct a review every 2 years, using information in the biennial 
reports and other available information, to determine whether range 
country management programs are effectively achieving conservation 
benefits for the yacare caiman. Based on the best available information, 
we may restrict trade from a range country if we determine that the 
conservation or management status of threatened yacare caiman 
populations has changed, such that continued recovery of the population 
in that country may be compromised. Trade restrictions, as addressed in 
paragraph (c)(4) of this section, may be implemented based on one or 
more of the following factors:
    (A) Failure to submit the reports described above, or failure to 
respond to requests for additional information.
    (B) A change in range country laws or regulations that lessens 
protection for yacare caiman.
    (C) A change in range country management programs that lessens 
protection for the species.
    (D) A documented decline in wild population numbers.
    (E) A documented increase in poaching.
    (F) A documented decline in habitat quality or quantity.
    (G) Other natural or manmade factors affecting the species' 
recovery.
    (d) Blue-tailed mole skink (Eumeces egregius lividus) and sand skink 
(Neoseps reynoldsi). (1) No person shall take these species, except in 
accordance with applicable State fish and wildlife conservation laws and 
regulations for educational purposes, scientific purposes, the 
enhancement or survival of the species, zoological exhibition, and other 
conservation purposes consistent with the Act.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to taking of these species is also a 
violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatever, any such species taken in 
violation of applicable State fish and wildlife conservation laws or 
regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any

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offense defined in paragraph (c) (1) through (3) of this section.
    (5) Taking of these species for purposes other than those described 
in paragraph (c)(1) of this section, including taking incidental to 
carrying out otherwise lawful activities, is prohibited except when 
permitted under Sec. Sec. 17.23 and 17.32.
    (e) Desert tortoise (Gopherus agassizii)--(1) Definition. For the 
purposes of this paragraph (e) ``desert tortoise'' shall mean any member 
of the species Gopherus agassizii, whether alive or dead, and any part, 
product, egg, or offspring thereof, found outside of Arizona (south and 
east of the Colorado River) and Mexico, regardless of natal origin or 
place of removal from the wild.
    (2) Applicable provisions. The provisions of Sec. 17.31-17.32 shall 
apply to any desert tortoise subject to this paragraph (e).
    (f) Bog turtle (Clemmys muhlenbergii), southern population--(1) 
Definitions of terms. For the purposes of this paragraph (f): Bog turtle 
of the southern population means any member of the species Clemmys 
muhlenbergii, within Georgia, North Carolina, South Carolina, Tennessee 
and Virginia, regardless of whether in the wild or captivity, and also 
applies to the progeny of any such turtle.
    (2) Prohibitions. Except as provided in paragraph (f)(3) of this 
section, the provisions of Sec. 17.31 (a) and (b) of this part applies 
to bog turtles of the southern population (see also 50 CFR part 23).
    (3) Take. Incidental take, that is, take that results from, but is 
not the purpose of, carrying out an otherwise lawful activity, does not 
apply to bog turtles of the southern population.
    (g) [Reserved]

[42 FR 2076, Jan. 10, 1977, as amended at 43 FR 32809, July 28, 1978; 44 
FR 59084, Oct. 12, 1979; 45 FR 17589, Mar. 19, 1980; 45 FR 78154, Nov. 
25, 1980; 48 FR 46336, Oct. 12, 1983; 50 FR 25678, June 20, 1985; 50 FR 
45409, Oct. 31, 1985; 52 FR 21063, June 4, 1987; 52 FR 42662, Nov. 6, 
1987; 55 FR 12191, Apr. 2, 1990; 61 FR 32366, June 24, 1996; 62 FR 
59622, Nov. 4, 1997; 65 FR 25879, May 4, 2000; 72 FR 48446, Aug. 23, 
2007]