described in this definition, wherever they are found.

(3) Permits and licenses. (i) All permits available under § 17.32 (General permits-threatened wildlife) are available in relation to threatened American alligators. All the terms and provisions of § 17.32 apply to such permits issued under the authority of this paragraph (a)(3)(i).

(ii) This paragraph (a)(3) of this section applies instead of the permits available under § 17.52 (similarity of appearance). Therefore, permits

issued under § 17.52 are not available in relation to threatened American alligators.

(iii) Upon receipt of a complete application, the Director may issue a license, in accordance with the issuance criteria of this paragraph (a)(3)(iii), for each of the categories defined in paragraph (a)(2) of this section.

(A) Application requirements. Applicationsfor licenses under this subparagraph must be submitted to the Director by the person who wishes to engage in the activities described in paragraph (a)(2) of this section (buyer, tanner, or fabricator). Each application must be submitted on an official application form (Form 3-200) provided by the Service, and must include, as an attachment, all of the following information:

(1) The category (buyer and/or tanner and/or fabricator) for which the license is desired;

(2) A description of the applicant's business organization, including: a description of the physical plant; the method of operation of the business; experience, if any, over the previous five years; all shareholders, partners, directors, officers or other parties in interest in the business organization;

(3) A description, including samples, of the applicant's present or proposed system of inventory control and bookkeeping capable of insuring accurate accounting for all American alligator hides and tags dealt with;

(4) A statement detailing any convictions or civil penalties under State or Federal laws for taking or trafficking in wildlife within the previous five years for the applicant, or any share

holder, partner, director, officer, principle, employee or agent.

(B) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a)(3)(iii)(A) of this section, the Director will decide whether or not a license for one or more of the three categories in paragraph (a)(2) of this section should be issued. In making his decision, the Director shall consider, in addition to the general criteria in § 13.21(b) of this subchapter, the applicant's reliability and apparent ability and willingness to maintain accurate inventory and bookkeeping records of all American alligator hides and State tags dealt with.

(C) Special conditions. In addition to the general conditions set forth in Part 13 of the subchapter, licenses issued under this provision shall be subject to the following special conditions:

(1) Licensees may not buy, tan or fabricate any American alligator hide except one which was taken, sold, offered for sale, delivered, carried, transported or shipped in accordance with paragraph (a)(1)(i) of this section;

(2) A buyer must leave all tags and shipping labels on the hides, unless the shipments are broken apart, in which case the shipping tags or labels must be removed, recorded, and returned to the issuer;

(3) If a buyer has broken apart original shipments and removed the shipping tags or labels as provided in (a)(3)(iii)(C)(2) of this section, he must affix a shipping tag or label to the outside of each new shipment of hides, showing the name and address of the consignor and consignee, identifying the contents of the shipment as American alligator hides, and showing the number of hides in the shipment;

(4) A tanner must leave all tags on the hides, but must collect, record, and return to the issuer all shipping tags;

(5) A fabricator must remove, record, and return to the issuer all tags;

(6) Every licensee must maintain complete and accurate records of all American alligator hides including all State tags, and the stub of the verification tag; capacity;

(7) Fabricators shall in addition maintain complete and accurate rec

ords showing the relationships of American alligator hides processed to finished American alligator products;

(8) Fabricators must affix, under the supervision of the Service, a mark provided by the Service to each product made of American alligator hides.

(4) Manufactured products of American alligators which have been marked by a licensed fabricator in accordance with paragraph (a)(3)(iii)(C)(8) may be transported, shipped, delivered, carried or received in interstate commerce in the course of a commercial activity, and may be sold or offered for sale in interstate commerce.

(5) No person shall, except as authorized pursuant to paragraph (a) of this section duplicate or apply any mark used to identify products of American alligator hides produced by a fabricator licensed under this section.

(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 § 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 § 17.31 (which incorporate portions of § 17.21) shall apply to this wildlife with the following exceptions:

(i) Section 17.21(c)(2) (self-defense) is not applicable.

(ii) In § 17.21(c)(3)(i), the word "orphaned" is replaced by the word "stranded."

(ii) Delete § 17.21(c)(3)(iv) (Wildlife threatening human safety).

(iv) Section 17.21 (e) and (f) do not apply to any delivery, receipt, carriage, transportation, shipment, sale or offer for sale in interstate commerce which takes place within 1 year after the effective date of this regulation and which involves specimens taken prior to such effective date.

(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 § 17.32. Procedures for issuance of permits are found in § 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 § 17.32 apply to permits issued by the Service.

(ii) Activities which are ongoing on the effective date of this regulation and which are for scientific purposes or for enhancement of propagation or survival may continue without permit for up to 90 days as specified in 50 CFR 227.72(a).

[42 FR 2076, Jan. 10, 1977, as amended at 43 FR 32809, July 28, 1978]

(1) All the provisions of § 17.31 apply to this species, except that they may be taken in accordance with applicable State law.

(2) Any violation of State law will also be a violation of the Act.

(c) Slender chub (Hybopsis cahni), spotfin chub (Hybopsis monacha), slackwater darter (Etheostoma boschungi), and yellowfin madtom (Noturus flavipinnis).

(1) All the provisions of § 17.31 apply to these species, except that they may be taken in accordance with applicable State law.

(2) Any violation of State law will also be a violation of the Act.

(d) Leopard darter (Percina pantherina).

(1) All provisions of § 17.31 apply to this species, except that it may be taken in accordance with applicable State law.

(2) Any violation of State law will also be a violation of the Act.

(e) Little Kern golden trout (Salmo aguabonita whitei).

(1) All provisions of § 17.31 apply to this species, except that it may be taken in accordance with applicable State law.

(2) Any violation of State law will also be a violation of the Act. (f) Greenback (Salmo clarki stomias).

cutthroat

trout

§ 17.47 Special rules-insects.

"(a) U.S. population of the Bahama Swallowtail butterfly (Papilio andraemon bonhotei) and the Schaus Swallowtail butterfly (Papilio aristodemus ponceanus)—

(1) Prohibitions-All of the provisions set forth in Section 17.31 shall apply to both species with the following exceptions:

(i) Adult specimens of either species (but not deposited eggs, larvae or pupae) may be taken without Federal permits issued pursuant to these Regulations: Provided, That all other Federal, State or local laws, regulations, ordinances or other restrictions or limitations have been complied with and: Provided further, That such taking is not in the course of a commercial activity. In addition, any such lawfully taken specimens may be ex

ported without a permit issued pursuant to these Regulations provided such export is otherwise lawful and is not in the course of a commercial activity.

(ii) The inadvertent injury to or destruction of deposited eggs, larvae or pupae of these species incurred during lawn mowing or other routine maintenance operations in or around buildings shall not be considered to constitute "taking" in the context of the Act.

(iii) The killing or injuring of specimens of these species by unintentionally striking them with automobiles or other conveyances shall not be considered to constitute a "taking" within the context of the Act.

[41 FR 17740, Apr. 28, 1976] § 17.48 Special

rules-common

and other forms. [Reserved] [40 FR 53400, Nov. 18, 1975]

sponges

Subpart E-Similarity of Appearance

SOURCE: 42 FR 32377, June 24, 1977, unless otherwise noted.

§ 17.50 General.

(a) Whenever a species which is not Endangered or Threatened closely resembles an Endangered or Threatened species, such species may be treated as either Endangered or Threatened if the director makes such determination in accordance with Section 4(e) of the Act and the criteria of paragraph (b) of this section. After the Director has made such determination in accordance with the notification procedures specified in the Act, such species shall appear in the list in § 17.11 (Wildlife) or § 17.12 (Plants) with the notation "(S/A)" (similarity of appearance) in the "Status" column, following either a letter "E" or a letter "T" to indicate whether the species is being treated as Endangered or Threatened.

(b) In determining whether to treat a species as Endangered or Threatened due to similarity of appearance, the Director shall consider the criteria in section 4(e) of the Act, as indicated below:

(1) The degree of difficulty enforcement personnel would have in distin

permits for any activity otherwise prohibited with a species designated as Endangered or Threatened due to its similarity of appearance. Such a permit may authorize a single transaction, a series of transactions, or a number of activities over a specified period of time.

(a) Application requirements. An application for a permit under this section must be submitted to the Director by the person who wishes to engage in the prohibited activity. The permit for activities involving interstate commerce of plants must be obtained by the seller; in the case of wildlife, the permit must be obtained by the buyer. The application must be submitted on an official application form (Form 3200) provided by the Service, or must contain the general information and certification required by § 13.12(a) of this subchapter. It must include, as an attachment, all of the following information: Documentary evidence, sworn affidavits, or other information to show species identification and the origin of the wildlife or plant in question. This information may be in the form of hunting licenses, hide seals, official stamps, export documents, bills of sales, certification, expert opinion, or other appropriate information.

(b) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a) of this section, the Director will decide whether or not a permit should be issued. In making his decision, the Director shall consider, in addition to the general criteria, in § 13.21(b) of this subchapter, the following factors:

(1) Whether the information submitted by the applicant appears reliable;

(2) Whether the information submitted by the applicant adequately identifies the wildlife or plant in question so as to distinguish it from any Endangered or Threatened wildlife or plant.

(c) Permit conditions. In addition to the general conditions set forth in Part 13 of this subchapter, every permit issued under this section shall be subject to the following special conditions:

(1) If indicated in the permit, a special mark, to be specified in the permit, must be applied to the wildlife

or plant, and remain for the time designated in the permit;

(2) A copy of the permit or an identification label, which includes the scientific name and the permit number, must accompany the wildlife or plant or its container during the course of any activity subject to these regulations.

(d) Duration of permits. The duration of a permit issued under this section shall be designated on the face of the permit.

Subpart F-Critical Habitat

§§ 17.60-17.66 [Reserved]

Subpart G-Threatened Plants

SOURCE: 42 FR 32380, June 24, 1977, unless otherwise noted.

§ 17.71 Prohibitions.

(a) Except as provided in Subpart A of this part, or in a permit issued under this subpart, all of the provisions in § 17.61 shall apply to Threatened plants, with the following exception. Seeds of cultivated specimens of species treated as threatened shall be exempt from all the provisions of § 17.61, provided that a statement that the seeds are of "cultivated origin" accompanies the seeds or their container during the course of any activity otherwise subject to these regulations.

(b) Whenever a special rule in §§ 17.73 to 17.78 applies to a threatened species, none of the provisions of paragraph (a) of this section will apply. The special rule will contain all the applicable prohibitions and exceptions. If indicated by special rule, the exception for seeds in paragraph (a) of this section shall not apply to the threatened species.

§ 17.72 Permits-general.

Upon receipt of a complete application, the Director may issue a permit authorizing any activity otherwise prohibited with regard to threatened plants. The permit shall be governed by the provisions of this section unless a special rule applicable to the plant is provided in §§ 17.73 to 17.78. A permit issued under this section must be for