U.S. Fish & Wildlife Service

U.S. Endangered Species Act:

Permits for Non-native Species or Import and Export

of Non-native and Native Species

The U.S. Endangered Species Act (Act)

was passed to prevent the extinction of

native and non-native animals and plants

by providing measures to help alleviate

the loss of species and their habitats.

With some exceptions, the Act prohibits

activities with these protected species

unless authorized by a permit from the

U.S. Fish and Wildlife Service (Service).

An “endangered species” is an animal or

plant listed by regulation as being in

danger of extinction. A “threatened

species” is any animal or plant likely to

become endangered in the near future.

What Activities Are Prohibited?

Without a permit, it is unlawful to

import or export; deliver, receive, carry,

transport, or ship in interstate or foreign

commerce in the course of a commercial

activity; sell or offer for sale in

interstate or foreign commerce; take

(includes harm, harass, pursue, hunt,

shoot, wound, kill, trap, capture, or

collect any wildlife within the United

States); take on the high seas; possess,

ship, deliver, carry, transport, sell, or

receive unlawfully taken wildlife; remove

and reduce to possession any plant from

areas under Federal jurisdiction;

maliciously damage or destroy an

endangered plant on areas under

Federal jurisdiction; and remove, cut,

dig up, damage or destroy any

endangered plant in knowing violation of

any State law or

regulation, or in

violation of a

State criminal

trespass law.

The prohibitions

apply equally to

live or dead

animals or plants,

their progeny

(seeds in the case

of plants), and

parts or products

derived from

them.

What Activities Require Permits?

A permit is required from the Division of

Management Authority (DMA) to

import or export all listed species, both

native and non-native; to sell or offer for

sale in interstate and foreign commerce

non-native animals and plants; and to

take non-native wildlife within the

United States. For other activities with

native species, contact the Endangered

Species Program at http://

endangered.fws.gov/permits/index.html.

What Are the Different Types of

Permits issued by DMA?

Endangered species permits may be

issued for scientific research and

enhancement of propagation or survival

of the species.

Threatened species permits may be

issued for the activities listed above, as

well as: zoological, horticultural, or

botanical exhibition; education; and

special purposes consistent with the Act.

Captive-bred wildlife permits may be

issued to a person registered with the

Service to buy and sell within the United

States live, non-native endangered or

threatened animals which were captive

born in the United States for

enhancement of species propagation,

provided the other person is registered

for the same species. A separate permit

is needed to import or export such

species. See fact sheet on Captive-bred

Wildlife Registration.

What about Pets?

Permits are not issued to keep or breed

endangered or threatened animals as

pets. Using protected species as pets is

not consistent with the purposes of the

Act, which is aimed at conservation of

the species and recovery of wild

populations.

Where Do I Apply for a Permit?

Permit applications may be obtained

from the Service’s permit website or

contacting us. An application processing

fee is required, and applicants should

allow at least 90 days for processing.

What Other Office Issues Permits for

Endangered or Threatened Species?

The National Marine Fisheries Service

(NMFS) has jurisdiction over certain

listed aquatic species, including marine

species such as whales and seals. NMFS Lee’s pincushion cactus

USFWS/G. Stolz

Galapagos giant tortoise

© Corel
has jurisdiction for sea turtles while in

the water and the Service for sea turtles

while on land. Call NMFS at 301/713-

2289 or visit www.nmfs.gov.

What Situations Are Exempt from the

Prohibitions of the Act?

Pre-Act. Species held in captivity or in a

controlled environment on (a)

December 28, 1973, or (b) the date of

publication in the Federal Register for

final listing, whichever is later, are

exempt from prohibitions of the Act,

provided such holding or any

subsequent holding or use of the

specimen was not in the course of a

commercial activity (any activity that is

intended for profit or gain). An affidavit

and supporting material documenting

pre-Act status must accompany the

shipment of listed species. A pre-Act

exemption does not apply to wildlife,

including parts and products, offered for

sale. Any endangered or threatened

specimens born in captivity from preAct parents are fully protected and are

not considered pre-Act.

Antiques. Antiques, including scrimshaw, can be imported into the United

States if accompanied by documentation

that shows the article is at least 100

years old and has not been repaired or

modified with any part of an endangered

or threatened species since December

28, 1973. If the antique contains any

species listed under the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

(CITES), the shipment must be

accompanied by a Pre-Convention

Certificate.

Special Rules. If a species is listed as

threatened, special rules designated to

cover unique situations may allow

otherwise prohibited activities. Some

species covered by special rules include

several primates, African elephant, and

leopard.

Intrastate Commerce. Commercial

activities involving legally acquired

endangered or threatened species that

take place entirely within one State by

State residents are not prohibited by the

Act. However, many States have their

own laws which regulate activities with

protected species. Contact the

appropriate State agency before

undertaking activities with endangered

or threatened wildlife and plants.

Offer for Sale. Endangered and

threatened species may be advertised

for sale provided the advertisement

states that no sale may be consummated

until a permit has been obtained from

the Service.

Loans and Gifts. Lawfully taken and

held endangered and threatened species

may be shipped interstate as a bona fide

gift or loan if there is no barter, credit,

other form of compensation, or intent to

profit or gain. A standard breeding loan,

where no money or other consideration

changes hands but some offspring are

returned to the lender of a breeding

animal, is not considered a commercial

activity and, thus, is not prohibited by

the Act and does not require a permit.

Documentation of such an activity

should accompany shipment.

Hybrids. Hybrids of animals or plants

bred or propagated in captivity that

result from one listed parent and one

non-listed parent are exempt from the

requirements of

the Act. All other

hybrids that

involve crosses of

listed species or

subspecies are

covered by the Act.

Where an animal

or plant is listed at

the species level,

every member of

that species is

protected under

the Act, whether

the specimen is

identifiable as a

member of a

particular

subspecies, and whether the animal or

plant has parents of two different

subspecies. For example, tigers are

listed at the species level, so offspring of

two different subspecies of tigers are

protected by the Act. The Service

considers the intentional hybridization of

captive endangered or threatened

species as contrary to the purposes of

the Act, unless current science shows

that cross breeding is necessary to keep

genetically viable populations. It is

recommended that breeding records be

maintained to show parentage and

hybrid status. Other laws such as the

Migratory Bird Treaty Act (MBTA) and

CITES consider hybrids protected.

Raptors. Prohibitions under the Act do

not apply to any endangered or

threatened raptors (except the bald

eagle) legally held in captivity on

November 10, 1978, or to any progeny of

such birds provided they are possessed

and banded under the terms of a MBTA

permit and are identified in the earliest

annual report required by the permit.

Seeds from Artificially Propagated

Threatened Plants. No permits are

required for prohibited activities for

seeds from artificially propagated

specimens of threatened plants.

However, seeds must be accompanied by

a label stating that they are of cultivated

origin.

What Other Laws Apply?

Depending on the species involved, other

requirements may need to be met under

CITES, the MBTA, the Bald and Golden

Eagle Protection Act, the Wild Bird

Conservation Act, the Marine Mammal

Protection Act, and the Lacey Act.

U.S. Fish & Wildlife Service

International Affairs

Division of Management Authority

4401 N. Fairfax Drive, Room 700

Arlington, VA 22203

703/358-2104 or 1/800-358-2104

fax 703/358-2281

e-mail: managementauthority@fws.gov

http://international.fws.gov

http://permits.fws.gov

Fall 2002

Grevy’s zebra

© Corel