whatever permit as may be required for such activities by the State concerned. [31 F.R. 16016, Dec. 15, 1966, as amended at 37 FR 9223, May 6, 1972; 38 FR 15449, June 12, 1973]

§ 16.23

Designated species of depredating birds in California.

In any county in California in which meadowlarks, horned larks, goldencrowned, white-crowned, and other crowned sparrows, goldfinches, house finches, acorn woodpeckers, Lewis woodpeckers, and flickers are, under extraordinary conditions, seriously injurious to agricultural or other interests, the Commissioner of Agriculture may, without a permit, kill or cause to be killed under his general supervision such of the above migratory birds as may be necessary to safeguard any agricultural or horticultural crop in the county: Provided:

(a) That such migratory birds shall be killed only when necessary to protect agricultural or horticultural crops from depredation; that none of the above migratory birds killed, or the parts thereof, or the plumage of such birds, shall be sold or removed from the area where killed; but that all such dead migratory birds shall be buried or otherwise destroyed within this area, except that any specimens needed for scientific purposes, as determined by the State or the Secretary, shall not be destroyed.

(b) That any Commissioner of Agriculture exercising the privileges granted by this section shall keep records of the persons authorized by the Commissioner to kill such migratory birds, and the estimated number of such birds killed pursuant to the exercise of his authority. and the Commissioner shall submit a report thereof to the Secretary on or before December 31 of each year or whenever the Secretary so requests. § 16.24 Depredating purple gallinules in Louisiana.

Landowners, sharecroppers, tenants, or their employees or agents, actually engaged in the production of rice in Louisiana, may, without a permit, shoot purple gallinules (Ionornis martinica) when found committing or about to commit serious depredations to growing rice crops on the premises owned or occupied by such persons: Provided:

(a) That purple gallinules may only be killed pursuant to this section between May 1 and August 15 in any year.

(b) That purple gallinules killed pursuant to this section shall not be transported or sold or offered for sale except that, such transportation within the area, as may be necessary to bury or otherwise destroy the carcasses of such birds is permitted: Provided, That the Secretary, or the State agricultural department, college, or other public institution may requisition such purple gallinules killed as may be needed for scientific investigations: Provided further, That any purple gallinules killed under authority of this section may also be donated to charitable institutions for food purposes.

(c) That any person exercising any of the privileges granted by this section shall permit at all reasonable times, including during actual operations, any Federal or State game or deputy game agent, warden, protector, or other game law enforcement officer free and unrestricted access over the premises on which such operations have been or are being conducted; and shall furnish promptly to such officer whatever information he may require, concerning said operations.

(d) That nothing in this section shall be construed to authorize the killing of such migratory birds contrary to any State laws of regulations; and that none of the privileges granted under this section shall be exercised unless the person possesses whatever permit as may be required for such activities by the State of Louisiana.

(e) That any person authorized by this section to exercise the privileges granted therein shall maintain records of the number of birds killed on the premises and shall submit a report there of, on or before December 31 of each year, to the Secretary.

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

Upon the receipt of evidence clearly showing that migratory game birds have accumulated in such numbers in a particular area as to cause or about to cause serious damage to agricultural, horticultural. and fish cultural interests, the Director, Bureau of Sport Fisheries and Wildlife, Washington, D.C. 20240, is authoried to issue by publication in the FEDERAL REGISTER a depredation order to permit the killing of such birds under the following conditions:

(a) That such birds may only be killed by shooting with a shotgun not larger than No. 10 gauge fired from the shoulder, and only on or over the threatened area or areas;

(b) That shooting shall be limited to such time as may be fixed by the Director on the basis of all circumstances involved. If prior to termination of the period fixed for such shooting, the Director receives information that there no longer exists a serious threat to the area or areas involved, he shall without delay cause to be published in the FEDERAL REGISTER an order of revocation;

(c) That such migratory birds as are killed under the provisions of any depredation order may be used for food or donated to public museums or public scientific and educational institutions for exhibition, scientific, or educational purposes, but shall not be sold, offered for sale, bartered, or shipped for purpose of sale or barter, or be wantonly wasted or destroyed: Provided, That any migratory game birds which cannot be so utilized shall be disposed of as prescribed by the Director;

(d) That any order issued pursuant to this section shall not authorize the killing of the designated species of depredating birds contrary to any State laws or regulations. The order shall specify that it is issued as an emergency measure designed to relieve depredations only and shall not be construed as opening, reopening, or extending any open hunting season contrary to any regulations promulgated pursuant to section 3 of the Migratory Bird Treaty Act.

Sec.

17.14 Holding, return, and disposal of seized property.

17.15 17.16

Forfeiture of seized property.
Other laws applicable.

Appendix A-United States' List of Endangered Foreign Fish and Wildlife.

Appendix B-Designated Ports and Exceptions thereto.

Appendix C-Regional Directors. Appendix D-United States' List of dangered Native Fish and Wildlife.

AUTHORITY: The provisions of this Part 17 issued under secs. 1-6, 83 Stat. 275; 16 U.S.C. 668cc-1-668cc-4.

SOURCE: The provisions of this Part 17 appear at 35 F.R. 8491, June 2, 1970, unless otherwise noted.

The following definitions shall apply in this part, unless otherwise specified: (a) "The Act" shall mean Public Law 91-135, 83 Stat. 275;

(b) "The Secretary" shall mean the Secretary of the Interior;

(c) "The Director" shall mean the Director of the Bureau of Sport Fisheries and Wildlife, U.S. Department of the Interior;

(d) "Person" shall mean any individual, firm, corporation, association, or partnership;

(e) "Fish" shall mean any finfish or any part, products, egg, or offspring thereof, or the dead body or parts thereof whether or not included in a manufactured product;

(f) "Wildlife" shall mean any wild mammal, wild bird, amphibian, reptile, mollusk, or crustacean, or any part, products, egg, or offspring thereof, or the dead body or parts thereof whether or not included in a manufactured product:

(g) "Endangered Species List" shall mean the list of species or subspecies of fish and wildlife found in other countries that are threatened with worldwide extinction which is contained in Appendix A to this Part 17;

(h) "Native Endangered Species List" shall mean the list of species or subspecies of fish and wildlife native to the United States that are threatened with extinction, and which is published from time to time in the FEDERAL REGISTER.

(i) "Taken" shall mean captured, killed, collected, or otherwise removed from the wild in the country of origin;

(j) Except insofar as such items include any species or subspecies which appears on the Endangered Species List, "shellfish or fishery products imported for commercial purposes" shall mean the following items as further defined in the "Tariff Schedules of the United States Annotated," the most recent annual U.S. Tariff Commission Publication, under the TSUS numbers shown in parenthesis below.

(1) Frogs (TSUS No. 106.60).

(2) Frog meat (TSUS No. 107.65). (3) Fish, fresh, chilled, or frozen (TSUS Nos. 110.10-110.70)-trout and salmon to conform to 50 CFR 13.7 and 13.12.

(4) Fish, dried, salted, pickled, smoked or kippered (TSUS Nos. 111.10-111.92). (5) Fish in airtight containers (TSUS Nos. 112.01-112.94).

(6) Other fish products (TSUS Nos. 113.01-113.60).

(8) Marine-animal oils (TSUS Nos. 177.02-177.40).

(9) Sod oil (TSUS No. 178.05). (10) Products of American fisheries (TSUS Nos. 180.00-180.20).

(11) Edible preparations (TSUS Nos 182.05, 182.11, 182.48, 182.50).

(12) Animal feeds (TSUS Nos. 184.54, 184.55).

(k) "Seized property" shall mean anything seized pursuant to sections 4 or 7 of the Act or 16 U.S.C. 851 et seq.;

(1) "Permit" shall include any letter from the Department of the Interior so designated and signed by a properly authorized officer;

(m) "Wild" shall refer to all creatures living in the wild state; or to all creatures that, whether raised in captivity or not, are normally found in the wild state;

(n) "Country of origin" shall mean the country where the fish or wildlife was taken from the wild, or the country of native origin of the fish or wildlife;

(o) "State" shall mean the several States, the District of Columbia, the Commonwealth of Puerto Rico, Ameri

can Samoa, the Virgin Islands, and Guam;

(p) "The United States" shall include the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam;

[35 F.R. 8491, June 2, 1970, as amended at 36 F.R. 3516, Feb. 26, 1971]

§ 17.3 Importation at designated ports.

(a) All fish and wildlife, which is intended for importation into the United States except shellfish or fishery products imported for commercial purposes, must enter the United States at designated receiving stations at the customs ports set forth in Appendix B to this Part 17.

(b) Any fish or wildlife, except shellfish or fishery products imported for commercial purposes, which enters the United States at a place other than a designated port may not be imported at that place, but must be moved as quickly as possible under customs bond, to a designated port, unless the exceptions set forth in Appendix B to this part apply.

(c) Nothing in this part shall be construed to allow the entry or importation of any fish or wildlife: (1) Coming within the meaning of the regulations of the Department of Agriculture regarding the importation of certain animals and poultry and certain animal and poultry products, appearing at 9 CFR 92.1 et seq., except at the ports designated in such regulations; (2) regulated in § 13.1 of this chapter et seq., regarding the importation of injurious wildlife, except in accordance with such regulations.

§ 17.4 Importation of fish or wildlifeinspection and documentation.

(a) All fish and wildlife which is intended to be imported into the United States or into any foreign trade zone, is subject to inspection and clearance for such importation, by authorized personnel of the Bureau of Sport Fisheries and Wildlife, or by any customs officer. Such inspection may include examination of the fish or wildlife, the package or other container in which such fish or wildlife was transported, and the documents accompanying the shipment.

(b) A properly executed Declaration for the Importation of Fish or Wildlife (Form 3-177) must be filed with the District Director of Customs at the port of entry where actual customs inspection for clearance or release occurs, for all fish or wildlife imported into the United

States. The Form 3-177 shall show, for each species or subspecies imported, the common and scientific names, number, country of origin, whether or not on the Endangered Species List, whether or not subject to laws or regulations in any foreign country regarding its taking, transportation, or sale. A copy of the invoice and copies of documents required pursuant to paragraph (c) of this section must be attached to the Form 3-177.

(c) In any case where fish or wildlife is subject to laws or regulations of any foreign country regarding its taking, transportation, or sale, the following documents must accompany the shipment:

(1) An export permit or other document from an appropriate government official, in English, or the original document and a certified translation thereof, from each country where the fish or wildlife is subject to regulations regarding its taking, transportation, or sale, which shows that such fish or wildlife was lawfully taken, transported or sold,

or

(2) A consular certificate from an American Consul which shows that an appropriate government official has certified to the Consul the information required in subparagraph (1) of this paragraph.

Copies of any such documents must be attached to the Form 3-177 referred to in paragraph (b) of this section.

(d) The documentation requirements of paragraphs (b) and (c) of this section shall not apply to shellfish and fishery products imported for commercial purposes, except members of the family Chelonidae (sea turtles); to scientific specimens imported by persons approved pursuant to the provisions of Appendix B(2) (f) to this part, and which are clearly marked "Preserved Scientific Specimens No Commercial Value-No Endangered Species;" to any case in which a Declaration for Free Entry of Animals or Birds Killed by United States Residents (Customs Form 3315) has been filed; or to the importation of fish caught by sport fishermen in Canada under a valid Canadian fishing license.

(e) The documentation required in paragraphs (b) and (c) of this section is in addition to any documentation which may be required by the U.S. Customs Service, including a consular certificate required by 19 U.S.C. 1527, or any

statement required in Appendix B to this part for the entry of fish or wildlife at nondesignated ports.

(f) In any instance where authorized personnel of the Bureau of Sport Fisheries and Wildlife are not available to inspect any shipment of fish or wildlife within a reasonable time at a designated port or a port which is being utilized pursuant to the exceptions set forth in Appendix B to this part, any customs officer may clear and release such fish or wildlife. In such cases, any non-Customs post-clearance enforcement measures shall proceed under laws and regulations administered by the Department of the Interior.

[35 F.R. 8491, June 2, 1970; 35 F.R. 8736, June 5, 1970, as amended at 36 F.R. 8675, May 11, 1971]

§ 17.5 Importation of fish or wildlifeproof of compliance.

In any case where there is a reasonable doubt as to the identity of any fish or wildlife, or as to whether the importation in question is in compliance with the requirements of this part, the burden shall be on the importer to prove the identity of the fish or wildlife or to prove compliance with the regulations. Until such time as the importer can show acceptable proof of compliance, the Director, or the Supervisory Customs Inspector, may refuse to clear the shipment for importation, or may seize the shipment.

§ 17.6 Importation of fish or wildlife— marking.

(a) Any fish or wildlife or any offspring, or product manufactured from such fish or wildlife, which is on the Endangered Species List and is imported into the United States under permit must have suitable identification from the Department of the Interior. Such identification may be obtained at any designated port of entry or from the Regional Director of the Bureau of Sport Fisheries and Wildlife.

(b) Any fish or wildlife on the Endangered Species List which originates outside the United States is subject to seizure and forfeiture if found in the possession of any person within the United States without the proper marking or other identification, unless such person can show by appropriate documentation that the fish or wildlife came into his possession prior to the effective date of the regulations in this part.

§ 17.7 State markings.

If any fish or wildlife which originates in the United States and which is required to be marked or otherwise identified by the laws or regulations of the State in which it originated, or any fish and wildlife on the Native Endangered Species List, is found without such marking or other identification, it is subject to seizure and forfeiture.

§ 17.9 Marking of packages or containers.

(a) Any package or other container holding fish or wildlife which is shipped, transported, carried, brought, or conveyed in interstate or foreign commerce must be marked, labeled, or tagged so as to plainly indicate the name and address of the shipper and the consignee, and, except for interstate shipments of furs, hides, and skins, the number and kind of the contents. This requirement shall not apply to packages or other containers holding shellfish and fishery products imported for commercial purposes, or mink, chinchilla, silver fox, blue fox, rabbit, or nutria for which a certification is inserted on the Form 3-177 required by § 17.4(b) in the case of importation, or for which a separate signed certification accompanies the shipping documents in the case of interstate movement or exportation, to the effect that the animal was bred and born in captivity for commercial purposes.

(b) (1) In any case where the marking or other identification of the package or other container under this section indicating in any way the contents thereof would create a significant possibility of theft of the package or its contents, the Director may, upon request of the owner thereof or his agent provide an identification symbol to be used in lieu of such marking, labeling, or tagging.

(2) Applications for use of an identification symbol must be dated and in writing, and should be submitted to the Director, Bureau of Sport Fisheries and Wildlife, United States Department of the Interior, Washington, D.C. 20240. The application must contain the following:

(i) Name and address of the applicant;

(ii) Designation of the item or items to be imported, transported, etc., including species or subspecies, method(s) of

shipment, and description, such "tanned hides:"

as

(iii) Estimated frequency and place(s) of importation;

(iv) A statement of the reasons why marking, labeling, or tagging of a package to be imported, transported, etc., would create a significant possibility of theft of the package or its contents, including appropriate statistics, affidavits, or other documents;

(v) A suggested mark or commercial symbol to be used by the applicant in identifying shipments of fish or wildlife;

(vi) A certification in the following language:

I hereby certify that the foregoing information is complete and accurate, to the best of my knowledge and belief. I understand that this information is submitted for the purpose of obtaining an exemption from the marking and labeling requirements of 18 U.S.C. 44 and regulations promulgated thereunder, and that any false statement hereon may be subject to the criminal penalties of 18 U.S.C. 1001.

(vii) The signature of the applicant.

(3) Upon approval of an application for the use of an identifying symbol, the Director shall assign such a symbol. This symbol must be shown on every package or container used by the applicant for the shipment, transportation, carriage, bringing, or conveyance of fish or wildlife in interstate or foreign commerce. The symbol must also appear on all shipping documents, and on any documents required by this part to accompany the fish or wildlife.

(4) The applicant shall, from the date of notification of the symbol, maintain complete and accurate records of all fish or wildlife which were shipped, transported, carried, brought, or conveyed in interstate or foreign commerce and which were identified by means of such symbol. The records shall include the number, species or subspecies, description of the package or container, method or shipment, time and place of shipment, and general description of the items. Such records shall be open to inspection, auditing, or copying by any authorized employee of the Bureau of Sport Fisheries and Wildlife at any time during regular business hours.

§ 17.10 Importation of endangered species-gencral restrictions.

Except as provided elsewhere in this part, no person may import from any