[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: 50CFR17.61]

[Page 135-136]
 
                    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 F_Endangered Plants
 
Sec. 17.61  Prohibitions.


    (a) Except as provided in a permit issued pursuant to Sec. 17.62 or 
Sec. 17.63, 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 (e) of this section in regard to any Endangered 
plant.
    (b) Import or export. It is unlawful to import or to export any 
Endangered plant. 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) Remove and reduce to possession. (1) It is unlawful to remove 
and reduce to possession any endangered plant from an area under Federal 
jurisdiction.
    (2) Notwithstanding paragraph (c)(1) of this section, any employee 
or agent of the Service, any other Federal land management agency, or a 
State conservation agency, who is designated by that agency for such 
purposes, may, when acting in the course of official duties, remove and 
reduce to possession endangered plants from areas under Federal 
jurisdiction without a permit if such action is necessary to:

[[Page 136]]

    (i) Care for a damaged or diseased specimen;
    (ii) Dispose of a dead specimen; or
    (iii) Salvage a dead specimen which may be useful for scientific 
study.
    (3) Any removal and reduction to possession pursuant to paragraph 
(c)(2) of this section must be reported in writing to the U.S. Fish and 
Wildlife Service, Division of Law Enforcement, P.O. Box 28006, 
Washington, DC 20005, within 5 days. The specimen may only be retained, 
disposed of, or salvaged in accordance with written directions from the 
Service.
    (4) 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 that agency for such purposes, may, 
when acting in the course of official duties, remove and reduce to 
possession from areas under Federal jurisdiction those endangered plants 
which are covered by an approved cooperative agreement for conservation 
programs in accordance with the Cooperative Agreement, provided that 
such removal is not reasonably anticipated to result in:
    (i) The death or permanent damage of the specimens;
    (ii) The removal of the specimen from the State where the removal 
occurred; or
    (iii) The introduction of the specimen so removed, or of any 
propagules derived from such a specimen, into an area beyond the 
historical range of the species.
    (d) 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, an 
endangered plant.
    (e) Sale or offer for sale. (1) It is unlawful to sell or to offer 
for sale in interstate or foreign commerce any endangered plant.
    (2) An advertisement for the sale of any endangered plant which 
carries a warning to the effect that no sale may be consummated until a 
permit has been obtained from the Service, shall not be considered an 
offer for sale within the meaning of this paragraph.

[44 FR 54060, Sept. 18, 1979, as amended at 50 FR 39690, Sept. 30, 1985]