Title 50—Wildlife and Fisheries--Volume 1
PART 15—WILD BIRD CONSERVATION ACT
§ 15.1   Purpose of regulations.
The regulations in this part implement the Wild Bird Conservation Act of 1992, Pub. L. 102-440, 16 U.S.C. 4901-4916.
§ 15.2   Scope of regulations.
(a) The regulations in this part apply to all species of exotic birds, as defined in section 15.3.
(b) The provisions in this part are in addition to, and are not in lieu of, other regulations of this subchapter B that may require a permit or prescribe additional restrictions or conditions for the import, export, reexport, and transportation of wildlife.
§ 15.3   Definitions.
In addition to the definitions contained in parts 10 and 23 of this subchapter B, and unless the context requires otherwise, in this part:
Documentation means a description of how scientific information was collected, including the methodologies used; names and institutions of individuals conducting the work; dates and locations of any study; and any published results or reports from the work.
Exotic bird means any live or dead member of the Class Aves that is not indigenous to the 50 States or the District of Columbia, including any egg or offspring thereof, but does not include domestic poultry, dead sport-hunted birds, dead museum specimens, dead scientific specimens, products manufactured from such birds, or birds in any of the following families: Phasianidae. Numididae, Cracidae, Meleagrididae, Megapodiidae, Anatidae, Struthionidae Rheidae, Dromaiinae, and Gruidae.
Indigenous means a species that is naturally occurring, not introduced as a result of human activity, and that currently regularly inhabits or breeds in the 50 States or the District of Columbia.
Life cycle means the annual processes involved with breeding, migration, and all other non-breeding activities.
Person means an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States.
Species means any species, any subspecies, or any district population segment of a species or subspecies, and includes hybrids of any species or subspecies. Hybrids will be treated according to the more restrictive appendix or category in which either parental species is listed.
Status means a qualitative measure of the vulnerability to extinction or extirpation of a population at a given time (e.g., endangered, threatened, vulnerable, non-threatened, or insufficiently known).
Sustainable use means the use of a species in a manner and at a level such that populations of the species are maintained at biologically viable levels for the long term and involves a determination of the productive capacity of the species and its ecosystem, in order to ensure that utilization does not exceed those capacities or the ability of the population to reproduce, maintain itself and perform its role or function in its ecosystem.
Trend means a long-term assessment of any change in the absolute or relative size of a species' population or habitat over time (e.g., increasing, decreasing, at equilibrium, insufficiently known).
United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
§ 15.4   Information collection requirements.
(a) The Office of Management and Budget approved the information collection requirements contained in this part 15 under 44 U.S.C. 3507 and assigned OMB Control Number 1018-0093. The Service may not conduct or sponsor, and you are not required to respond, to a collection of information unless it displays a currently valid OMB control number. We are collecting this information to provide information necessary to evaluate permit applications. We will use this information to review permit applications and make decisions, according to criteria established in various Federal wildlife conservation statutes and regulations, on the issuance, suspension, revocation, or denial of permits. You must respond to obtain or retain a permit.
(b) We estimate the public reporting burden for these reporting requirements to vary from 1 to 4 hours per response, with an average of 2 hours per response, including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments regarding the burden estimate or any other aspect of these reporting requirements to the Service's Information Collection Clearance Officer at the address provided at 50 CFR 2.1(b).
§ 15.11   Prohibitions.
(a) Except as provided under a permit issued pursuant to subpart C of this part, it is unlawful for any person subject to the jurisdiction of the United States to commit, attempt to commit, to solicit another to commit, or to cause to be committed, any of the acts described in paragraphs (b) through (f) of this section in regard to any exotic bird.
(b) It is unlawful to import into the United States any exotic bird species listed in the Appendices to the Convention that is not included in the approved list of species, pursuant to subpart D of this part, except that this paragraph (b) does not apply to any exotic bird that was bred in a foreign breeding facility listed as qualifying pursuant to subpart E of this part.
(c) It is unlawful to import into the United States any exotic bird species not listed in the Appendices to the Convention that is listed in the prohibited species list, pursuant to subpart F of this part.
(d) It is unlawful to import into the United States any exotic bird species from any country included in the prohibited country list, pursuant to subpart F of this part.
(e) It is unlawful to import into the United States any exotic bird species from a qualifying facility breeding exotic birds in captivity, listed pursuant to subpart E of this part, if the exotic bird was not captive-bred at the listed facility.
(f) It is unlawful for any person subject to the jurisdiction of the United States to engage in any activity with an exotic bird imported under a permit issued pursuant to this part that violates a condition of said permit.
§ 15.12   Requirements.
(a) No person shall import into the United States any exotic bird except as may be permitted under the terms of a valid permit issued pursuant to the provisions of subpart C of this part and 50 CFR part 13, or in accordance with the provisions of subparts D-F of this part 15, or in accordance with the provisions of paragraph (b) of this section.
(b) Any exotic bird can be imported to the United States if it was legally exported from the United States with a permit issued by the Service's Office of Management Authority, provided that the import is by the same person who exported the bird, the import is accompanied by a copy of the cleared CITES export permit or certificate issued by the Service that was used to export the exotic bird, and the Service is satisfied that the same bird is being imported as is indicted on the aforementioned permit or certificate.
§ 15.21   General application procedures.
(a) The Director may issue a permit authorizing the importation of exotic birds otherwise prohibited by § 15.11, in accordance with the issuance criteria of this subpart, for the following purposes only: Scientific research; zoological breeding or display programs; cooperative breeding programs designed to promote the conservation and maintenance of the species in the wild; or personally owned pets accompanying persons returning to the United States after being out of the country for more than 1 year.
(b) Additional requirements as indicated in parts 13, 14, 17, 21, and 23 of this subchapter must also be met.
(c) A person wishing to obtain a permit under this subpart or approval of cooperative breeding programs under this subpart submits an application to the attention of the Director, U.S. Fish and Wildlife Service, at the address listed for the Division of Management Authority at 50 CFR 2.1(b). Each application must contain the general information and certification required in § 13.12(a) of this subchapter, and all of the information specified in the applicable section §§ 15.22 through 15.26.
§ 15.22   Permits for scientific research.
(a) Application requirements for permits for scientific research. Each application shall provide the following information and such other information that the Director may require:
(1) A description of the exotic bird(s) to be imported, including:
(i) The common and scientific names of the species, number, age or age class, and, when known, sex; and
(ii) A statement as to whether, at the time of the application, the exotic bird is still in the wild, has already been removed from the wild, or was bred in captivity;
(2) If the exotic bird is in the wild or was taken from the wild, include:
(i) The country and region where the removal will occur or occurred;
(ii) A description of the status of the species in the region of removal; and
(iii) A copy of any foreign collecting permit or authorizing letter, if applicable;
(3) If the exotic bird was bred in captivity, include:
(i) Documents or other evidence that the bird was bred in captivity, including the name and address of the breeder, and when known, hatch date and identity of the parental birds; and
(ii) If the applicant is not the breeder, documentation showing the bird was acquired from a breeder and a history of multiple transactions, if applicable:
(4) A statement of the reasons the applicant is justified in obtaining a permit, and a complete description of the scientific research to be conducted on the exotic bird requested, including:
(i) Formal research protocol with timetable;
(ii) The relationship of such research to the conservation of the species in the wild;
(iii) A discussion of possible alternatives and efforts to obtain birds from other sources; and
(iv) Plans for disposition of the exotic birds and any progeny upon completion of the research project;
(5) Qualifications of the scientific personnel conducting the proposed research, including applicable experience and a description of relevant past research conducted;
(6) A description of the care and maintenance of the exotic bird, and how the facility meets professionally recognized standards, including;
(i) The name and address of the facility where the exotic bird will be maintained;
(ii) Dimensions of existing enclosures for the birds to be imported and number of birds to be housed in each; and
(iii) Husbandry practices.
(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 this decision, the Director shall consider, in addition to the general criteria in part 13 of this subchapter, the following factors;
(1) Whether the purpose of the scientific research is adequate to justify removing the exotic bird from the wild or otherwise changing its status;
(2) Whether the proposed import would be detrimental to the survival of the exotic bird species in the wild, including whether the exotic bird was bred in captivity or was (or will be) taken from the wild, taking into consideration the conservation status of the species in the wild;
(3) Whether the permit, if issued, would conflict with any known program intended to enhance the survival of the population from which the exotic bird was or would be removed;
(4) Whether the research for which the permit is required has scientific merit;
(5) Whether the expertise, facilities, or other resources available to the applicant appear adequate for proper care and maintenance of the exotic bird and to successfully accomplish the research objectives stated in the application.
(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 special conditions as the Director may deem appropriate.
(d) Duration of permits. The duration of the import permits issued under this section shall be designated on the face of the permit, but in no case will these permits be valid for longer than one year.
§ 15.23   Permits for zoological breeding or display programs.
(a) Application requirements for permits for zoological breeding or display programs. Each application shall provide the following information and such other information that the Director may require:
(1) A description of the exotic bird(s) to be imported, including:
(i) The common and scientific names of the species, number, age or age class, and, when known, sex; and
(ii) A statement as to whether, at the time of the application, the exotic bird is still in the wild, has already been removed from the wild, or was bred in captivity;
(2) If the exotic bird is in the wild or was taken from the wild include:
(i) The country and region where the removal will occur or occurred;
(ii) A description of the status of the species in the region of removal; and
(iii) A copy of any foreign collecting permit or authorizing letter, if applicable;
(3) If the exotic bird was bred in captivity, include:
(i) Documents or other evidence that the bird was bred in captivity, including the name and address of the breeder, and when known, identity of the parental birds, and hatch date; and
(ii) If the applicant is not the breeder, documentation showing the bird was acquired from a breeder and a history of multiple transactions, if applicable;
(4) A statement of the reasons the applicant is justified in obtaining a permit, and a complete description of the breeding or display program to be conducted with the exotic bird requested, including:
(i) A breeding or education protocol that provides information on educational materials on the ecology and/or conservation status of the species provided to the general public;
(ii) Plans, if any, for developing or maintaining a self-sustaining population of the exotic bird species in captivity;
(iii) A statement on efforts to obtain birds from alternative sources or sources within the United States;
(iv) The relationship of such a breeding or display program to the conservation of the species in the wild; and
(v) Plans for disposition of the exotic birds and any progeny.
(5) A description of the care and maintenance of the exotic bird, and how the facility meets professionally recognized standards of the public display community, including:
(i) The name and address of the facility where the exotic bird will be maintained;
(ii) Dimensions of existing enclosures for the birds to be imported and number of birds to be housed in each;
(iii) Husbandry practices;
(6) A history of the zoological facility's breeding programs with the same or similar species, including:
(i) Participation in any cooperative breeding programs;
(ii) Breeding and inventory records for the last two years, including hatching, survival, and mortality records; and
(iii) Causes of any mortalities and efforts made to correct any problems.
(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 this decision, the Director shall consider, in addition to the general criteria in part 13 of this subchapter, the following factors:
(1) Whether the zoological breeding or display program is adequate to justify removing the exotic bird from the wild or otherwise changing its status;
(2) Whether the proposed import would be detrimental to the survival of the exotic bird species in the wild, including whether the exotic bird was bred in captivity or was (or will be) taken from the wild, taking into consideration the conservation status of the species in the wild;
(3) Whether the permit, if issued, would conflict with any known program intended to enhance the survival of the population from which the exotic bird was or would be removed;
(4) Whether the breeding or display program for which the permit is required has conservation merit; and
(5) Whether the expertise, facilities or other resources available to the applicant appear adequate for proper care and maintenance of the exotic bird and to successfully accomplish the zoological breeding or display objectives stated in the application.
(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 special conditions as the Director may deem appropriate.
(d) Duration of permits. The duration of the import permits issued under this section shall be designated on the face of the permit, but in no case will these permits be valid for longer than one year.
§ 15.24   Permits for cooperative breeding.
(a) Application requirements for permits for cooperative breeding. Each application shall provide the following information and such other information that the Director may require:
(1) A description of the exotic bird(s) to be imported, including:
(i) The common and scientific names of the species, number, age or age class, and, when known, sex; and
(ii) A statement as to whether, at the time of the application, the exotic bird is still in the wild, has already been removed from the wild, or was bred in captivity;
(2) If the exotic bird is still in the wild or was taken from the wild include;
(i) The country and region where the removal will occur or occurred;
(ii) A description of the status of the species in the region of removal; and
(iii) A copy of any foreign collecting permit or authorizing letter, if applicable;
(3) If the exotic bird was bred in captivity, include;
(i) Documents or other evidence that the bird was bred in captivity, including the name and address of the breeder, when known, the identity of the parental birds and hatch date; and
(ii) If the applicant is not the breeder, documentation showing the bird was acquired from the breeder and a history of multiple transactions, if applicable;
(4) A statement of the reasons the applicant is justified in obtaining a permit, and a statement detailing the applicant's participation in a cooperative breeding program approved under section 15.26 of this chapter, including;
(i) Copies of any signed agreements or protocols with the monitoring avicultural, conservation, or zoological organization overseeing the program; and
(ii) Applicable records of the cooperative breeding program of any other birds imported, their progeny, and their disposition;
(5) A complete description of the relationship of the exotic bird to the approved cooperative breeding program, including;
(i) A statement of the role of the exotic bird in a breeding protocol;
(ii) A plan for maintaining a self-sustaining captive population of the exotic bird species;
(iii) Details on recordkeeping; and
(iv) Plans for disposition of the exotic birds and any progeny produced during the course of this program.
(6) A statement outlining the applicant's attempts to obtain the exotic bird in a manner that would not cause its removal from the wild, and attempts to obtain the specimens of the exotic bird species from stock available in the United States;
(7) A description of the care and maintenance of the exotic bird, and how the facility meets professionally recognized standards, including;
(i) The name and address of the facility where the exotic bird will be maintained;
(ii) Dimensions of existing enclosures for birds to be imported and number of birds to be housed in each; and
(iii) Husbandry practices;
(8) A history of the applicant's past participation in cooperative breeding programs with the same or similar species, including;
(i) Breeding and inventory records for at least the last two years;
(ii) Hatching, survival, and mortality records;
(iii) Causes of any mortalities and efforts made to correct any problems.
(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 this decision, the Director shall consider, in addition to the general criteria in part 13 of this subchapter, the following factors;
(1) Whether the cooperative breeding program is adequate to justify removing the exotic bird from the wild or otherwise changing its status;
(2) Whether the proposed import would be detrimental to the survival of the exotic bird species in the wild, including whether the exotic bird was bred in captivity or was (or will be) taken from the wild, taking into consideration the conservation status of the species in the wild;
(3) Whether the cooperative breeding program for which the permit is required would be likely to enhance or promote the conservation of the exotic bird species in the wild or result in a self-sustaining population of the exotic bird species in captivity; and
(4) Whether the expertise, facilities, or other resources available to the applicant appear adequate for proper care and maintenance of the exotic birds and to successfully accomplish the cooperative breeding objectives stated in the application.
(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 special conditions as the Director may deem appropriate.
(d) Duration of permits. The duration of the import permits issued under this section shall be designated on the face of the permit, but in no case will these permits be valid for longer than one year.
§ 15.25   Permits for personal pets.
(a) Application requirements for personal pets not intended for sale. No individual may import more than two exotic birds as pets in any year. Each application shall provide the following information and such other information that the Director may require:
(1) A description of the exotic bird to be imported, including;
(i) The common and scientific names, number, age, and, when known, sex;
(ii) A band number, house name, or any other unique identifying feature; and
(iii) A statement as to whether the exotic bird was bred in captivity or taken from the wild;
(2) A statement of the reasons the applicant is justified in obtaining a permit;
(3) Documentation showing that the applicant has continually resided outside of the United States for a minimum of one year;
(4) A statement of the number of exotic birds imported during the previous 12 months as personal pets by the applicant;
(5) Information on the origin of the exotic bird, including;
(i) Country of origin; and
(ii) A description and documentation of how the exotic bird was acquired, including a copy of any Convention permit under which the bird was re-exported or exported. If there is no such permit, a sales receipt or signed statement from seller with name and address of seller, date of sale, species, and other identifying information on the bird or signed breeder's certificate or statement with name and address of breeder, date of sale or transfer, species and hatch date.
(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 this decision, the Director shall consider, in addition to the general criteria in part 13 of this subchapter, the following factors:
(1) Whether the proposed import would be detrimental to the survival of the exotic bird species in the wild;
(2) Whether the exotic bird to be imported is a personal pet owned by the applicant, who has continuously resided outside the United States for a minimum of one year, and who has no intention to sell the bird; and
(3) Whether the number of exotic birds imported in the previous 12 months by the applicant does not exceed two.
(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 special conditions that no individual may import more than two exotic birds as personal pets in any year, the exotic birds cannot be sold after importation into the United States, and any other conditions as the Director may deem appropriate.
(d) Duration of permits. The duration of the import permits issued under this section shall be designated on the face of the permit.
§ 15.26   Approval of cooperative breeding programs.
Upon receipt of a complete application, the Director may approve cooperative breeding programs. Such approval will allow individuals to import exotic birds otherwise prohibited by section 15.11, with permits under section 15.24. Such approval for cooperative breeding programs shall be granted in accordance with the issuance criteria of this section.
(a) Application requirements for approval of cooperative breeding programs. Each application shall provide the following information and such other information that the Director may require:
(1) A description of the exotic bird(s) to be imported or to be covered under the program, including the common and scientific names of the species, number, sex ratio (if applicable), and age class;
(2) A statement of the reasons the applicant is justified in obtaining this approval, and a description of the cooperative breeding program requested for the exotic bird species, including:
(i) A breeding protocol, including a genetic management plan and breeding methods;
(ii) A statement on the plans for developing and maintaining a self-sustaining population in captivity of the exotic bird species;
(iii) Details on the system of recordkeeping and tracking of birds and their progeny, including how individual specimens will be marked or otherwise identified;
(iv) A statement on the relationship of such a breeding program to the conservation of the exotic bird species in the world;
(v) Details on the funding of this program; and
(vi) Plans for disposition of the exotic birds and any progeny;
(3) A qualification statement for each individual who will be overseeing the cooperative breeding program. This statement should include information on the individual's prior experience with the same or similar bird species. Individuals overseeing the program will be required to demonstrate an affiliation with an avicultural, conservation, or zoological organization;
(4) A statement of the oversight of the program by the avicultural, zoological, or conservation organization, including their monitoring of participation in the program, criteria for acceptance of individuals into the program, and the relationship of the cooperative breeding program to enhancing the propagation and survival of the species; and
(5) A history of the cooperative breeding program, including an annual report for the last 3 years (if applicable), mortality records, breeding records, and a studbook if one has been developed for the species.
(b) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a) of this section, the Director will decide whether or not a cooperative breeding program should be approved. In making this decision, the Director shall consider, in addition to the general criteria in part 13 of this subchapter, the following factors:
(1) Whether the cooperative breeding program for which the approval is requested is adequate to justify removing the exotic bird from the wild or otherwise changing its status;
(2) Whether the granting of this approval would be detrimental to the survival of the exotic bird species in the wild, including whether the exotic birds were bred in captivity or will be taken from the wild, taking into consideration the conservation status of the species in the wild;
(3) Whether the granting of this approval would conflict with any known program intended to enhance the survival of the population from which the exotic bird species was or would be removed;
(4) Whether the cooperative breeding program for which the permit is requested would be likely to enhance or promote the conservation of the exotic bird species in the wild or result in a self-sustaining population of the exotic bird species in captivity; and
(5) Whether the expertise or other resources available to the program appear adequate to successfully accomplish the objectives stated in the application.
(c) Publication in the Federal Register. The Director shall publish notice in the Federal Register of each application submitted under § 15.26(a). Each notice shall invite the submission from interested parties of written data, views, or arguments with respect to the application. The Director shall publish periodically a notice as appropriate in the Federal Register of the list of approved cooperative breeding programs.
(d) Approval conditions. In addition to the general conditions set forth in part 13 of this subchapter, every approval issued under this paragraph shall be subject to the special condition that the cooperative breeding program shall maintain records of all birds imported under permits issued under this subpart and their progeny, including their sale or transfer, death, or escape, and breeding success. These records shall be made available to the Service on request and when renewing an approval.
(e) Duration of approval. Cooperative breeding programs shall be approved for two years, at which time applicants may apply to the Service for renewal of a program's approval. Applications for renewal of approval shall comply with the general conditions set forth in part 13 of this subchapter.
§ 15.31   Criteria for including species in the approved list for captive-bred species.
The Director will periodically review the list of captive-bred exotic bird species in paragraph 15.33(a), for which importation into the United States is approved. Any exotic bird species listed in paragraph 15.33(a) pursuant to this section must meet all of the following criteria:
(a) All specimens of the species known to be in trade (legal or illegal) are captive-bred;
(b) No specimens of the species are known to be removed from the wild for commercial purposes;
(c) Any importation of specimens of the species would not be detrimental to the survival of the species in the wild; and
(d) Adequate enforcement controls are in place to ensure compliance with paragraphs (a) through (c) of this section.
§ 15.32   Criteria for including species in the approved list for non-captive-bred species.
Upon receipt of a completed sustainable use management plan for a country of export, the Director may approve a species listed in Appendices II or III of the Convention for importation from that country. Such approval shall be granted in accordance with the issuance criteria of this section. All approved species and countries of export will be listed in section 15.33.
(a) Requirements for scientifically-based sustainable use management plans. Sustainable use management plans developed by the country of export should be submitted for species which breed in the country of export. If the species does not breed in the country of export, the Service will consider sustainable use management plans only when the plan is scientifically valid and nesting (breeding) information can be provided from countries in which the species breeds. Sustainable use management plans shall include the following information, and any other information that may be appropriate:
(1) Background information, including the following:
(i) The scientific and common name of the species;
(ii) Letters from the country of export's Management and Scientific Authorities transmitting the management plan of this species;
(iii) A summary of the country of export's legislation related to this species and legislation implementing the Convention, and, where appropriate, a summary of implementing regulations;
(iv) A summary, from the country of export's Management Authority, of the country's infrastructure and law enforcement and monitoring mechanisms designed to ensure both enforcement of and compliance with the requirements of the management plan, and that the number of birds removed from the wild or exported will be consistent with the management plan;
(v) Recent information on the distribution of the species within the country of export, including scientific references and maps, and historical information on distributions, if relevant; and
(vi) The species' status and its current population trend in the country of export, including scientific references and copies of the most recent non-detriment findings made by the exporting country's Scientific Authority.
(2) Habitat information, including:
(i) A general description of habitats used by the species for each portion of the life cycle completed within the country of export;
(ii) Recent information on the size and distribution of these habitats throughout the country of export and in each area or region of take, including scientific references and maps. The approximate location of any reserves that provide protection for this species should be indicated on the accompanying map(s), along with a brief description of how reserves are protected and how that protection is enforced;
(iii) Status and trends of the important habitats used by the species in the country of export as a whole whenever available and within each area or region of take, including scientific references;
(iv) Factors, including management activities, favoring or threatening the species' habitat in the foreseeable future within each area or region of take, and throughout the country of export whenever available, including scientific references; and
(v) A list of management plans that have been or are being planned, developed, or implemented for the species' important habitats, if any.
(3) Information on the role of the species in its ecosystem, including:
(i) A description of the part(s) of the species' life cycle completed within the country of export;
(ii) A description of nest sites and/or plant communities that are most frequently used for placement of nests and, if applicable, nesting habits;
(iii) A general description of the species' diet and where the species forages (aerial feeder, tree canopy, tree trunk, midstory, understory, open water or other), and seasonal changes in foraging habits, including, when available, scientific references; and
(iv) Information on any species or plant community which is dependent on the occurrence of the exotic bird species.
(4) Population dynamics of the species, including:
(i) Recent population data for the population of the species in the country of export, as derived from indices of relative abundance or population estimates, along with documentation for each estimate;
(ii) Within each area or region of take, documentation for recent population data or estimates, conducted for at least 3 separate years or 1 year with a description of survey plans for future years. These population assessments should have been conducted during the same season (breeding or non-breeding) of each year for which documentation is submitted ( i.e. , be methodologically comparable—both temporally and spatially);
(iii) Within each area or region of take, a scientific assessment (with documentation) of recent reproductive (nesting) success. This assessment should include information on the number of young produced per egg-laying female per year or per nesting pair, or if scientifically appropriate for the species to be exported, estimates on the number of young produced per year from pre-breeding and post-breeding surveys conducted within the same annual cycle;
(iv) Within each area or region of take, estimation (with documentation) of annual mortality or loss including natural mortality and take for subsistence use, export trade, and domestic trade in each area of take; or
(v) When appropriate, information (with documentation) on the number of young which can be taken from the area, as a result of a conservation enhancement program.
(5) Determination of biologically sustainable use:
(i) Estimation of the number exported from the country during the past 2 years, and the number of birds removed from the wild for export, domestic trade, illegal trade, subsistence use, and other purposes (specify) for the country of export during the past 2 years;
(ii) The estimated number of birds that will be removed from the wild from each area of take each year for all purposes (export trade, domestic trade, illegal trade, and subsistence use), including a description of age-classes (nestlings, fledglings, sub-adults, adults, all classes), when applicable;
(iii) For the projected take addressed in the management plan, a description of the removal process, including, but not limited to, locations, time of year, capture methods, means of transport, and pre-export conditioning;
(iv) Documentation of how each projected level of take was determined;
(v) Explanation of infrastructure and law enforcement and monitoring mechanisms that ensure compliance with the methodology in the management plan and that the species will be removed at a level that ensures sustainable use; and
(vi) Description of how species in each area or region of take will be monitored in order to determine whether the number and age classes of birds taken is sustainable.
(6)(i) For species that are considered “pests” in the country of origin: documentation that such a species is a pest, including a description of the type of pest,—e.g., agricultural, disease carrier; a description of the damage the pest species causes to its ecosystem; and a description of how the sustainable use management plan controls population levels of the pest species.
(ii) For non-pest species: A description of how the sustainable use management plan promotes the value of the species and its habitats. Incentives for conservation may be generated by environmental education, cooperative efforts or projects, development of cooperative management units, and/or activities involving local communities.
(7) Additional factors:
(i) Description of any existing enhancement activities developed for the species, including, but not limited to, annual banding programs, nest watching/guarding, and nest improvement; and
(ii) Description, including photographs or diagrams, of the shipping methods and enclosures proposed to be used to transport the exotic birds, including but not limited to feeding and care during transport, densities of birds in shipping enclosures, and estimated consignment sizes.
(b) Approval criteria. Upon receiving a sustainable use management plan in accordance with paragraph (a) of this section, the Director will decide whether or not an exotic bird species should be listed as an approved species for importation from the country of export, under section 15.33. In making this decision, the Director shall consider in addition to the general criteria in part 13 of this subchapter, all of the following factors for the species:
(1) Whether the country of export is effectively implementing the Convention, particularly with respect to:
(i) Establishment of a functioning Scientific Authority;
(ii) The requirements of Article IV of the Convention;
(iii) Remedial measures recommended by the Parties to the Convention with respect to this and similar species, including recommendations of permanent committees of the Convention; and
(iv) Article VIII of the Convention, including but not limited to establishment of legislation and infrastructure necessary to enforce the Convention, and submission of annual reports to the Convention's Secretariat;
(2) Whether the country of export has developed a scientifically-based management plan for the species that:
(i) Provides for the conservation of the species and its habitat(s);
(ii) Includes incentives for conservation unless the species is a documented pest species;
(iii) Is adequately implemented and enforced;
(iv) Ensures that the use of the species is:
(A) Sustainable;
(B) Maintained throughout its range at a level that is consistent with the species' role in its ecosystem; and
(C) Is well above the level at which the species might become threatened;
(v) Addresses illegal trade, domestic trade, subsistence use, disease, and habitat loss; and
(vi) Ensures that the methods of capture, transport, and maintenance of the species minimize the risk of injury, damage to health, and inhumane treatment; and
(3) If the species has a multi-national distribution:
(i) Whether populations of the species in other countries in which it occurs will not be detrimentally affected by exports of the species from the country requesting approval;
(ii) Whether factors affecting conservation of the species, including export from other countries, illegal trade, domestic use, or subsistence use are regulated throughout the range of the species so that recruitment and/or breeding stocks of the species will not be detrimentally affected by the proposed export;
(iii) Whether the projected take and export will not detrimentally affect breeding populations; and
(iv) Whether the projected take and export will not detrimentally affect existing enhancement activities, conservation programs, or enforcement efforts throughout the species' range.
(4) For purposes of applying the criterion in paragraph (b)(2)(iv) of this section, the Director may give positive consideration to plans wherein very conservative capture and export quotas are implemented prior to being able to obtain all of the biological information necessary for a more large-scale management plan, if the country can demonstrate that such conservative capture and export quotas are non-detrimental to the species survival in the wild under the criterion in paragraph (b)(2)(iv) of this section.
(c) Publication in the Federal Register. The Director shall publish notice in the Federal Register of the availability of each complete sustainable use management plan received under paragraph (a) of this section. Each notice shall invite the submission from interested parties of written data, views, or arguments with respect to the proposed approval.
(d) Duration of approval. A species and country of export listed in section 15.33 as approved shall be approved for 3 years, at which time renewal of approval shall be considered by the Service.
§ 15.33   Species included in the approved list.
(a) Captive-bred species. The list in this paragraph includes species of captive-bred exotic birds for which importation into the United States is not prohibited by section 15.11. The species are grouped taxonomically by order.
1 Note: Permits are still required for this species under part 17 of this chapter.
(b) Non-captive-bred species. The list in this paragraph includes species of non-captive-bred exotic birds and countries for which importation into the United States is not prohibited by section 15.11. The species are grouped taxonomically by order, and may only be imported from the approved country, except as provided under a permit issued pursuant to subpart C of this part.
§ 15.41   Criteria for including facilities as qualifying for imports. [Reserved]
§ 15.42   List of foreign qualifying breeding facilities. [Reserved]
§ 15.51   Criteria for including species and countries in the prohibited list. [Reserved]
§ 15.52   Species included in the prohibited list. [Reserved]
§ 15.53   Countries of export included in the prohibited list. [Reserved]