§14.83

separate signed statement certifying the animals were bred and born in captivity accompanies the shipping document.

(c) Furs, hides, and skins—interstate commerce. The requirements of § 14.81 do not apply to packages or containers holding furs, hides, and skins shipped interstate: Provided, That the names and addresses of the shipper and consignee are clearly and conspicuously marked on the outside thereof.

(d) Symbol markings. The requirements of § 14.81 do not apply to packages or containers shipped, transported, carried, brought or conveyed in interstate or foreign commerce where such packages are clearly marked with a symbol in accordance with the terms of a valid permit issued pursuant to § 14.83.

§ 14.83 Symbol marking permit.

The Director may, upon receipt of an application which demonstrates to his satisfaction that the marking or other identification required by § 14.81 would create a significant possibility of the theft of the package or its contents, issue a permit authorizing the use of an identification symbol in lieu of the marking required by § 14.81.

(a) Application procedures. Applications for symbol marking permits shall be submitted to the appropriate Special Agent in Charge (See § 13.11(b) of this subchapter). Each such application must contain the general information and certification required by § 13.12(a) of this subchapter, plus the following additional information:

(1) Common and scientific names, and estimated numbers of wildlife to be shipped;

(2) Form in which imported or exported, as "raw skins," "fur garments," etc.;

(3) Type of packaging, method of shipment, and carrier or carriers, if known;

(4) Country or countries of origin for imports, and country or countries of destination for exports;

(5) Port or ports of importation and export;

(6) Estimated frequency of shipments;

(7) Detailed statements of the reasons why the marking required by § 14.81 would create a significant possibility of theft of the package or its contents;

(8) Description of an evidence showing actual thefts, if any, incurred by applicant which can be ascribed to marking requirements of § 14.81, including dates, description of goods, place, if known, value, including affidavits, invoices, correspondence, and insurance claims relative thereto to conclusively show actual losses by applicant; and

(9) At the option of the applicant, a suggested symbcl which is desired with the understanding that such suggested symbol may or may not be assigned at the discretion of the Director.

(b) Additional permit conditions. Inaddition to the general conditions set forth in Part 13 of this Subchapter B permits to use symbol marking shall be subect to the following conditions:

(1) When using the symbol in lieu of another marking required in § 14.81, the entire symbol must be clearly and conspicuously marked on the outside of every package and the symbol, together with other identifying numbers or characters, must also appear on all shipping documents relating to such packages or containers and on all documents required by §§ 14.41 and 14.61.

(2) The permittee shall, from the effective date of the permit, maintain complete and accurate records of all wildlife furs which are shipped, transported, carried, brought or conveyed in interstate or in foreign commerce and which are identified by means of such symbol. The records shall include the number, species or subspecies, description of the package or container, method of shipment, time and place of shipment, including the air waybill or bill of lading number, and general description of the items. Such records shall be open to inspection, auditing, or copying by any authorized employee of the Bureau at any time during regular business hours.

(c) Tenure of permits. The tenure of permits to use symbol marking shall be from the date of issue to June 30 of

§ 15.1 Purpose of regulations.

The regulations contained in this part establish annual quotas on importation of skins bearing feathers of the mandarin duck, and five species of pheasants. These regulations also govern applications for and issuance of permits for the entry of such birdskins and establish the method which will be used to allocate and reallocate any unused portions of the annual quotas among the several applicants.

§ 15.2 Scope of regulations.

(a) The regulations of this part apply only to the feathers or skins of those species of birds named in § 15.11: (1) Whether raw or processed;

(2) Whether the whole plumage or skin or any part of either;

(3) Whether or not attached to a whole bird or any part thereof; and

(4) Whether or not forming part of another article.

(b) The regulations of this part 15 do not apply:

(1) To any importation for scientific or educational purposes;

(2) To the importation of fully manufactured artificial flies used for fishing.

(3) To the importation of game birds killed by United States hunters abroad, and imported by such persons for noncommercial purposes.

(4) To the importation of live birds; and

(5) To the importation of any of the following birds (other than any such bird which, whether or not raised in captivity, is a wild bird): chickens (including hens and roosters), turkeys, guinea fowl, geese, ducks, pigeons, ostriches, rheas, English ring-necked pheasants, and pea fowl.

(b) The provisions in this part are in addition to, and are not in lieu of, other regulations of this Subchapter B which may require a permit or prescribe additional restrictions or conditions for the importation, exportation, and interstate transportation of wildlife (see also Part 13 of this subchapter).

Subpart B-Import Quotas and Permit Requirement

§ 15.11 Import quotas established.

During any calendar year, beginning January 1 and ending December 31, the following quotas are established for the entry of skins bearing feathers. For the purpose of these quotas any part of a skin which has been severed shall be considered a whole skin.

(a) For use in the manufacture of artificial flies used for fishing: Grey jungle fowl (Gallus sonnerati)-none (quota eliminated) *Mandarin duck (Aix galericulata)—1,000 *Former scientific name: Dendronessa-galericulata.

(b) For use in the manufacture of artificial flies used for fishing or for millinery purposes:

Lady Amherst pheasant (Chrysolophus amherstiae)*

Golden pheasant (Chrysolophus pictus)*

30-142 0-79- -4

§ 15.12 Permit requirement.

Except as otherwise provided in this section, no person shall import, enter, or cause to be imported or entered, feathers, skins, or skins bearing feathers of any species listed in § 15.11 without a permit issued pursuant to this part: Provided, That any person may import without a permit, for storage in warehouse under customs bond, skins bearing feathers of species for which a quota is provided in the preceding § 15.11. When so imported and stored, such skins shall not be removed from the warehouse or entered into the United States for use without a permit issued pursuant to this part. No person shall import for warehouse storage or other purpose skins bearing feathers of any species on which the quota has been eliminated.

Subpart C-Application for and Allocation of Quotas

§ 15.21 Application for quota allocation and permit.

All persons desiring to share in the allocation of annual import quotas and to obtain a permit to enter skins bearing feathers shall submit an application to the Director during the period set forth by § 15.22. Each such application shall contain the general information and certification required by § 13.12(a) of this subchapter plus the following additional information:

(a) Quantity of each species of birdskin or part thereof for which an importation permit is requested;

(b) Port at which entry will be made, or in the case of warehouse storage under bond, port at which importation was made and location and amount of birdskins presently in storage;

(c) Statement of the purpose (use) for which the skins bearing feathers are sought to be imported or entered; and

(d) Statement as to whether application is being made for an initial allocation of a calendar year quota, or for reallocation of an unused portion of a calendar year quota.

§ 15.22 Filing dates for applications.

Each application for a quota allocation and permit must be postmarked during the dates set forth in paragraph (a) and (b) of this section in order to be considered.

(a) Applicants desiring to participate in the allocation of calendar year quotas shall submit applications from September 1 through September 30 of the year preceding the calendar year for which quota allocations are to be made.

(b) Applicants desiring to participate in the reallocation of such portions of the established annual quotas as may become available for reallocation, shall submit applications from July 1 through July 31 of the calendar year during which the unused portion of the quota becomes available for reallocation.

§ 15.23 Allocation of calendar year quotas.

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 species of pheasants for which quotas have been provided 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. Applicant's failing to respond to the notice of proposed allocations shall be deemed to have withdrawn their applications. Applicants who submit the required showing by other than registered or certified mail, do so at their own risk.

(e) Any quantities of birdskins 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.

[39 FR 1168, Jan. 4, 1974, as amended at 40 FR 37056, Oct. 17, 1974]

§ 15.24 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

§ 15.21. Such reallocations shall be made by the method prescribed in § 15.23 (a) through (c). If the quantities of the respective species of birdskins are insufficient to permit reallocation among all applicants by such method, preference shall be given to those applications bearing the earliest postmark.

§ 15.25 Issuance of permits.

As soon as practicable after the annual quota allocations or reallocations have been determined, the quotas allocated to successful applicants shall be evidenced by permits issued to the applicant with copies forwarded to the respective District Directors of Customs at the ports of entry specified in the applications. Such permits shall authorize the importation and entry for limited use, of the quantities of birdskins allocated to each applicant. Until such time as it shall be found necessary to reduce the import quota established for pheasants, permits will authorize the entry of a stated number in the aggregate of those species of pheasant for which a quota is provided.

§ 15.26 Tenure of importation permits.

(a) 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) Permits covering the reallocations made pursuant to § 15.24 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.

is deemed to be injurious or potentially injurious to the health and welfare of human beings, to the interest of forestry, agriculture, and horticulture, and to the welfare and survival of the wildlife or wildlife resources of the United States; and any such importation into or the transportation of live wildlife or eggs thereof between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any territory or possession of the United States by any means whatsoever, is prohibited except for certain purposes and under certain conditions as hereinafter provided in this part: Provided, That the provisions of this section shall not apply to psittacine birds (see also §§ 16.32 and 16.33 for other exemptions).

Subpart B-Importation or Shipment of Injurious Wildlife

§ 16.11 Importation of live wild mammals. (a) The importation, transportation, or acquisition is prohibited of live specimens of (1) any species of socalled "flying fox" or fruit bat of the genus Pteropus; (2) any species of mongoose or meerkat of the genera Atilax, Cynictis, Helogale, Herpestes, Ichneumia, Mungos, and Suricata; (3) any species of European rabbit of the genus Oryctolagus; (4) any species of Indian wild dog, red dog, or dhole of the genus Cuon; and (5) any species of multimammate rat or mouse of the genus Mastomys: Provided, That the Director shall issue permits authorizing the importation, transportation, and possession of such mammals under the terms and conditions set forth in § 16.22.

(b) Upon the filing of a written declaration with the District Director of Customs at the port of entry as required under § 14.61, all other species of live wild mammals may be imported, transported, and possessed in captivity, without a permit, for scientific, medical, educational, exhibition, or propagating purposes, but no such live wild mammals or any progeny thereof may be released into the wild except by the State wildlife conservation agency having jurisdiction over the