As promptly as possible after the closing date for filing, all applications timely filed will be considered and tentative quotas allocated by the method set forth in paragraphs (a) through (e) of this section. For the purposes of this section, the six species of pheasant named in § 14.1 shall be grouped together and considered as one species.

(a) The number of eligible applicants for skins of mandarin duck and pheasants, respectively, shall be divided into the quotas of skins available for the ensuing calendar year for the respective species, to determine the number of skins of each species the several applicants would be entitled to import on an equal basis.

(b) Any applicant for an allocation in an amount equal to or less than the average quantity established for all applicants pursuant to paragraph (a) of this section is entitled to receive an allocation of the quantity for which he applied.

(c) After the allocations are made under paragraph (b) of this section, all remaining unallocated quantities of skins of the respective species shall be allocated equally among those applicants who applied for more than the average quantities determined under paragraph (a) of this section. However, no applicant shall be allocated a quantity of skins in excess of the number applied for.

(d) Each applicant shall then be furnished a tabulation by Registered or Certified Mail, Return Receipt requested. of the quantities of each species requested and the quantities proposed to be allocated to each applicant. Each applicant must then report by letter addressed to the Director, postmarked not later than 30 days after date of receipt of the notice of proposed allocations, that he accepts the proposed allocation. The letter must contain satisfactory proof, such as a copy of a currently confirmed order, that orders have been placed for the importing of his allocation of bird

skins and must be accompanied by the prescribed $10 fee in the form of a postal money order or a check made payable to the Bureau of Sport Fisheries and Wildlife. Applicants failing to respond to the notice of proposed allocations or failing to furnish the prescribed fee shall be deemed to have withdrawn their applications. Applicants who submit the required showing and fee by other than Registered or Certified Mail, do so at their own risk.

(e) Any quantities of bird skins of the respective species which become available for allocation through the failure of applicants to submit the proper showing as required in paragraph (d) of this section, shall promptly be allocated among those applicants whose requests were not satisfied in full, using the methods prescribed in paragraphs (a) through (c) of this section to determine the additional quantity of skins allowable to each such applicant.

[31 F.R. 16015, Dec. 15, 1966, as amended at 35 F.R. 5123, Mar. 26, 1970; 35 F.R. 5404, Apr. 1, 1970]

§ 14.4

Reallocation of unused calendar year quotas.

Any portion of the calendar year quotas which may become available for reallocation through surrender or nonuse, in whole or in part, of permits expiring on June 30 of any year, shall be reallocated as promptly as possible after the closing date for filing among applicants who have submitted proper applications in accordance with § 14.2(b). Such reallocations shall be made by the method prescribed in § 14.3 (a) through (c). If the quantities of the respective species of bird skins are insufficient to permit reallocation among all applicants by such method, preference shall be given to those applications bearing the earliest postmark.

§ 14.5

quota established for pheasants, importation permits will not differentiate between the six species of pheasant named in § 14.1, but will authorize the importation of a stated number of pheasant skins in the aggregate, without specifying the species. A copy of the importation permit will be furnished each successful applicant as notice to him of his allocation. Importation permits are nontransferable and are subject to cancellation only if it is determined that the permit has been mistakenly issued, that the applicant has made a material misrepresentation in connection therewith, or if the permittee informs the Director that he will be unable to bring or import his quota of bird skins into the United States during the period specified in the permit. Permits are also subject to the further conditions set forth in § 14.6. [31 F.R. 16015, Dec. 15, 1966, as amended at 32 F.R. 10856, July 25, 1967]

§ 14.6

Tenure of importation permits.

(a) Importation permits covering the calendar year quota allocations are issued as of January 1, and remain in effect through June 30 of the year of issue. No extension of time shall be granted on such permits and any portion of the quota allocations which become available through surrender or nonuse, in whole or in part, of a permit expiring on June 30, shall be reallocated among applicants who submit proper applications.

(b) Importation permits covering the reallocations made pursuant to § 14.2 (b) shall be issued as promptly as possible after July 31 and remain in effect through December 31 of the year of issue. No extension of time shall be granted on such permits, and any portion of the quotas so reallocated which are not imported through surrender or nonuse of reallocation permits, in whole or in part. on or before December 31 of the year of issue, shall lapse and no further allocation thereof shall be made.

§ 14.7 Compliance with other regulations.

Any importation permitted by the regulations in this part is also subject to any applicable health, quarantine, customs, or other requirements imposed by law or by regulation of duly authorized Federal or State agencies and municipalities.

PART 15-TRANSPORTATION OF GAME MAMMALS TO AND FROM MEXICO

Sec.

15.1 Scope of regulations.
15.2
15.3 Transportation from Mexico.

Transportation to Mexico.

AUTHORITY: The provisions of this Part 15 issued under sec. 4, 40 Stat. 755, as amended; 16 U.S.C. 705. E.O. 10250, 3 CFR, 1949-1953 Comp.

SOURCE: The provisions of this Part 15 appear at 31 F.R. 16016, Dec. 15, 1966, unless otherwise noted.

§ 15.1 Scope of regulations.

The regulations in this part govern the importation and exportation of those species of game mammals specified in the terms of the convention between the United States and the United Mexican States for the protection of migratory birds and game mammals, concluded February 7, 1936 (50 Stat. 1311). These species are antelope, mountain sheep, deer, bear, peccary, squirrel, rabbit, and hare.

§ 15.2

Transportation to Mexico.

Game mammals, dead or alive, or parts of products thereof, taken in and transported from the United States or any territory subject to its jurisdiction may be transported to Mexico, if the importation is not prohibited by Mexican law or regulation. The transporter must present to the District Director of Customs at the port of exit, a certificate of an official warden, agent, or other officer of the game department of the State or territory, that such game mammals, or parts or products thereof, which must be listed in the certificate, were taken or acquired and are being transported in compliance with the laws and regulations of the State or territory.

[31 F.R. 16016, Dec. 15, 1966, as amended at 32 F.R. 10856, July 25, 1967]

§ 15.3 Transportation from Mexico.

Game mammals, dead or alive, or their parts or products, may be transported from Mexico into the United States if accompanied by a Mexican export permit. If alive, the mammals must also be accompanied by such permit as may be required under regulations of the Secretary of the Treasury (19 CFR 12.26), re

16.22 Depredating blackbirds, cowbirds, grackles, common crows, and magpies.

16.23 Designated species of depredating birds in California.

16.24 Depredating purple gallinules in Louisiana.

16.25 Authority to issue depredation orders to permit the killing of migratory game birds.

AUTHORITY: The provisions of this Part 16 issued under secs. 2, 3, 70 Stat. 492, 40 Stat. 755; 7 U.S.C. 433, 16 U.S.C. 704, E.O. 10250. 3 CFR, 1949-1953 Comp.

SOURCE: The provisions of this Part 16 appear at 31 F.R. 16016, Dec. 15, 1966, unless otherwise noted.

those species of birds defined as migratory birds under § 1.11 of Subchapter A of this chapter, and includes all birds of these species which, whether raised in captivity or not, cannot be readily and visibly distinguished by general size or coloration from birds of the same species occuring in a wild state.

(b) "Migratory waterfowl" refers to all those species of wild ducks, geese, brant, and swans included in the definition of migratory birds under § 10.1 of Part 10 of this subchapter and paragraph (a) of this section.

(c) "Public" as used in referring to museums, zoological parks, and scientific or educational institutions refers to such as are open to the general public and either established, maintained, and operated as a governmental service or are privately endowed and incorporated but not operated for profit.

(d) "Take" means to pursue, hunt, shoot, capture, collect, kill, trap, or attempt to pursue, hunt, shoot, capture. collect, kill, or trap.

131 F.R. 16016, Dec. 15, 1966, as amended at 32 F.R. 10856, July 25, 1967] Permits required.

§ 16.2

Except

as permitted by regulations under this part or under Part 10 of this subchapter (the hunting regulations), a permit is required for any person to import, export, take, sell, purchase, otherwise acquire, possess, transport, or dispose of migratory birds of their progeny, parts, nests, or eggs.

The following exceptions to the permit requirement are allowed in addition to those allowed in the hunting regulations under Part 10 of this subchapter.

(a) Certain species of migratory birds may, without a permit, be taken and disposed of to control depredations as provided in §§ 16.21 through 16.25.

(b) Employees of the Department of the Interior authorized to enforce the provisions of the Migratory Bird Treaty Act of July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703 et seq.), may, without a permit, take or otherwise acquire, hold in custody, transport, and dispose of migratory birds or their parts, nests, or eggs as necessary in performing their official duties.

(c) State game departments, municipal game farms or parks, and public museums, zoological parks, and scientific or educational institutions may acquire by gift or purchase, possess, transport, and by gift or sale dispose of lawfully acquired migratory birds or their progeny, parts, nests, or eggs without a permit: Provided, That such birds may be acquired only from persons authorized by this paragraph or by a permit issued pursuant to this part to possess and dispose of such birds, or from Federal or State game authorities by the gift of seized, condemned, or sick or injured birds. Any such birds, acquired without a permit, and any progeny therefrom may be disposed of only to persons authorized by this paragraph to acquire such birds without a permit. Any person exercising privilege

granted by this paragraph must keep accurate records of such operations showing the species and number of birds acquired, possessed, and disposed of; the names and addresses of the persons from whom such birds were acquired or to whom such birds were donated or sold; and the dates of such transactions. These records shall be maintained on a calendar year basis and shall be retained for a period of 1 year following the end of the calendar year covered by the records.

(d) Migratory waterfowl which have been hatched and raised in captivity or the carcasses or eggs of such birds may be lawfully acquired, possessed, transported, and disposed of without a permit in accordance with the conditions and restrictions set forth in the provisions of §§ 16.15 and 16.16.

§ 16.4 General permit authorizations.

(a) Migratory birds permits may be issued to authorize: (1) The importation, exportation, taking, sale, purchase, other acquisition, possession, transportation. and disposal of migratory waterfowl and their progeny or eggs for propagating and food purposes; (2) the taking and disposal of wild migratory birds or their nests or eggs for depredation control purposes; (3) the importation, exportation, taking, sale, purchase, other acquisition, possession, transportation, and disposal of migratory birds or their progeny, parts, nests, or eggs for scientific, educational, and other special purposes; and (4) the receiving, custody or possession, transportation, and mount

ing or other preparation by a taxidermist of migratory birds or their parts, nests, or eggs for any person other than himself.

(b) Consistent with the preservation of migratory birds and with the purposes of this part, applications for migratory bird permits may be disapproved, or approved and permits issued pursuant to the provisions of this part.

§ 16.5 General permit provisions.

Permits issued pursuant to this part are subject to the following provisions:

(a) Permittees must comply with such special terms, conditions, restrictions, or limitations as may be prescribed in the permit.

(b) Importations from Mexico must be accompanied by Mexican export permits.

(c) Permits are not transferable.

(d) Permittees may not dispose of migratory birds or their progeny, parts, nests, or eggs to any person not authorized by or pursuant to this part to acquire such migratory birds or their parts, nests, or eggs; nor may a permittee acquire any migratory birds or their parts, nests, or eggs from any person not authorized by or pursuant to this part to dispose of such migratory birds or their progeny, parts, nests, or eggs.

(e) Permittees must, during reasonable hours, allow any person authorized to enforce this part to enter and inspect the premises where permit operations are being carried on and any records of such operations required to be maintained.

§ 16.6 Transportation and shipping re

quirements.

Every package or container, in which migratory birds or their parts, nests, or eggs are shipped by common carrier wholly within a State or are transported by any means whatsoever from one State. territory, or district to or through another State, territory, or district, or to a foreign country, shall be clearly marked, labeled, or tagged on the outside thereof. These labels or tags shall show the name and address of the consignor and consignee; and an accurate statement of the species and number of birds or their parts, nests, or eggs contained therein; and the permit number under authority of which the birds or their parts, nests, or eggs are transported if a permit is required.

§ 16.7 Applicability of State laws.

Nothing in this part or in any permit issued thereunder shall be construed to authorize the taking, possession, sale, purchase, exchange, or transportation of migratory birds or their parts, nests, or eggs in any State contrary to the laws and regulations of that State: Provided, That such laws and regulations are for the purpose of giving further protection to such birds and are not inconsistent with the conventions between the United States and any foreign country for the protection of migratory birds or with the Migratory Bird Treaty Act. No permit issued or privilege granted under this part shall authorize the taking, possession, purchase, sale, exchange, or transportation of migratory birds or their parts, nests, or eggs unless the person also possesses whatever permit may be required for such activities by the State concerned. § 16.8

Revocation of permits.

(a) Permits issued pursuant to this part may be revoked and the privileges granted thereunder withdrawn:

(1) If the permittee violates any regulation prescribed in this part; or

(2) When the activities of the permittee, involving live birds or feed on the premises of the permittee, are an element in a violation by the permittee or other person of the migratory bird hunting regulations governing the use of live decoys or bait in the taking of migratory game birds (§ 10.3 of this subchapter) on the premises covered by the permit, or where such activities on the premises of the permittee would preclude the legal hunting of migratory game birds on adjacent premises not under control of the permittee.

(b) Any person whose permit has been revoked shall not be issued a like permit until at least 1 year after the date of revocation.

§ 16.9 Import and export permits.

(a) A permit is required before any live migratory birds or eggs of the family Anatidae (wild ducks, geese, brant, and swans) may be imported. The permit required by this paragraph may be obtained by letter of application addressed to U.S.D.A.-A.R.S.-A.N.H., Import-Export Animals and Products, Hyattsville. Md. 20782.

(b) An importation permit is required before any live birds, other than water

fowl or their eggs, or dead migratory birds, or their parts, nests, or eggs may be imported. Excepted from the permit required by this paragraph are: (1) Live birds of the family Anatidae, the importation of which is regulated by the preceding paragraph; and (2) migratory birds taken pursuant to the migratory bird hunting regulations, Part 10 of this chapter. The permit required by this paragraph may be obtained by letter of application addressed to the Director, Bureau of Sport Fisheries and Wildlife, Washington, D.C. 20240.

(c) A permit is required before any migratory birds, or their parts, nests, or eggs may be exported. Provided that penreared mallards may be exported without a permit as provided in § 16.16. The permit required by this paragraph may be obtained by letter of application addressed to the Director, Bureau of Sport Fisheries and Wildlife, Washington, D.C. 20240.

(d) Each letter of application required by this section shall contain the following information:

(1) Name and address of the applicant and the purpose for which importation or exportation is being made;

(2) Species and number of migratory birds or their parts, nests, or eggs to be Imported or exported:

(3) Name and address of the person from whom such birds are being imported or to whom they are being exported;

(4) Estimated date of arrival or departure of shipment, and the port of entry or exit through which the shipment will be imported or exported; and

(5) Federal permit number and type of permit authorizing possession, acquisition, or disposition of such birds or their parts, nests, or eggs, where such a permit is required.

(e) A list of migratory birds, both game and nongame appears in § 1.11 of Chapter 1, Subchapter A of this title. [33 F.R. 3514. Feb. 29, 1968]

§ 16.10 Jurisdiction and address of regional or area offices.

Geographic jurisdictions and addresses of Bureau of Sport Fisheries and Wildlife regional or area offices are as follows:

(a) Alaska Area Office (comprising the State of Alaska), 6917 Seward Highway, Anchorage, Alaska 99502.

(b) Pacific Regional (Region 1-comprising the States of California, Hawaii,