Example: A breeder of exotic endangered pheasants wants to buy and sell captivereared endangered birds for the purpose of propagation. The species he has have all been determined to have captive, self-sustaining populations pursuant to § 17.7, and such captive populations have been listed as threatened [T (C/P)]. He now may apply for a permit to authorize the interstate sale under this § 17.33. If his permit is issued, and is valid for 2 years, it would cover all transactions of the type for which it was issued (such as sales in interstate commerce) for that period. A separate permit and application fee is not required for each transaction. Individual transactions are accounted for by the reporting and recordkeeping requirements in the regulations, and those specified on the face of the permit. At the end of the 2-year period, the permit may be renewed by following the renewal procedures in Part 13 (General Permit Procedures), § 13.24 (Renewal). In this instance, application for renewal should be made 60 days before the current permit expires to allow for administrative handling and publication in the FEDERAL REGISTER.

(a) Application requirements. Applications for permits under this section shall be submitted to the Director by the intended recipient of the wildlife. Each such application must be submitted on an official application form (Form 3-200) provided by the Service, and must include, as an attachment, the following information for each group of similar species:

(1) The common and scientific names of the species sought to be covered by the permit, and the activity sought to be authorized (such as selling in interstate commerce) and whether such authorization is required for a single transaction, a series of transactions or activities over a specific period of time.

(2) A complete description, including photographs or diagrams, of the area and facilities where such wildlife will be housed and cared for;

(3) A brief resume of the technical expertise of the persons who will care for such wildlife, including any experience the applicant or his personnel have had in raising, caring for, and propagating similar wildlife, or any closely related wildlife;

(4) A statement of the applicant's willingness to participate in a cooperative breeding program, and to main

tain or contribute data on a studbook; and

(5) A detailed description of the type, size and construction of all containers into which such wildlife will be placed during transportation or temporary storage, if any, and of the arrangements for feeding, watering and otherwise caring for such wildlife during that period;

(6) For the 5 years preceding the date of this application provide a detailed description of all mortalities involving the species covered in the application and held by the applicant (or any other wildlife of the same genus or family), including the causes of such mortalities and the steps taken to avoid or decrease such mortalities.

(7) A full statement of the reasons why the applicant is justified in obtaining the permit, including:

(i) The details of the activities sought to be authorized by the permit; (ii) The planned disposition of such wildlife upon termination of the activities sought to be authorized.

(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 proposed use of the wildlife would probably result, directly or indirectly, in the death, injury or reduction of the reproductive ability of the wildlife;

(2) Whether the ability of the captive population in question to sustain itself will be substantially impaired by the proposed activities;

(3) Whether the expertise, facilities or other resources available to the applicant appear adequate to accomplish the objectives stated in the application;

(4) Whether the applicant has a recordkeeping system adequate to insure that wildlife obtained under the permit can be distinguished from wildlife obtained from the wild or otherwise;

(5) The opinions or views of scientists or other persons or organizations

having expertise concerning the wildlife or other matters germane to the application that have been received (publication of the complete application in the Federal REGISTER requesting public review and comment for a 30-day period shall be routine for all requests for permits to authorize activities over a specific period of time and others may be published as the Director deems appropriate);

(6) Whether the proposed use of the wildlife adequately fulfills one of the purposes for which permits may be issued;

(7) Such other factors as he deems relevant.

(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) Unless otherwise authorized by the permit, the permittee may not transfer the ownership of any animal obtained or held under the permit except to a holder of a valid permit issued under this section that authorizes such transfers with regard to the species involved.

(2) Permittee must keep complete and accurate records of all activities conducted under the permit. Reports of such activities, including individual transactions, must be made by the permittee on forms provided by the Service, or in accordance with instructions from the Service.

(3) Permittee may be required to band, tattoo, mark or otherwise permanently identify wildlife held under authority of such permit.

(d) Duration of permits. The duration of permits issued under this section shall be designated on the face of the permit, but in no case shall any such permit be valid for longer than 2 years.

[40 FR 44415, Sept. 26, 1975, as amended at 42 FR 28056, June 1, 1977]

§§ 17.34-17.39 Permits. [Reserved]

§ 17.40 Special rules-mammals.

(a) Kangaroo; Eastern Gray (Macropus giganteus), Red (Megalia rufa), and Western Gray (Macropus fuligino

sus)-(1) Prohibitions. The following prohibitions apply to the Eastern Gray, Red and Western Gray kangaroos:

(i) Import. (A) Except as permitted in paragraph (a)(1)(i)(B) of this section, or in paragraph (a)(2) of this section, it shall be unlawful to import any such wildlife for commercial purposes.

(B) Upon receiving from the Australian Government a certificate that (1) a particular Australian State has developed an effective sustained-yield program for such wildlife, and (2) the taking of such wildlife in that State will not be detrimental to the survival of the species or subspecies of which such wildlife is a part, the Director may, consistent with the purposes of the act, permit by publication of a notice in the FEDERAL REGISTER the commercial importation of any such wildlife originating from that State, upon proof that such wildlife is lawfully taken and exported from that State: Provided, That if the Director determines from all the evidence that a previously certified Australian State no longer maintains an effective sustained yield program for such wildlife, he may by regulation prohibit any further commercial importation of such wildlife from that State.

(ii) Unlawfully imported kangaroos. It shall be unlawful, in the course of a commercial activity, to deliver, receive, carry, transport, or ship in interstate or foreign commerce any such wildlife imported unlawfully.

(iii) Commercial transactions. It shall be unlawful to sell or offer for sale in interstate or foreign commerce any such wildlife imported unlawfully.

(2) Permits. The following permits are available for the Eastern Gray, Red and Western Gray kangaroos:

(i) Economic hardship. (A) The Director may grant permits for the importation of such wildlife to prevent economic hardship. The provisions of § 17.23 (with the exception of §§ 17.23(b)(4), 17.23(b)(8), and 17.23(d)), shall apply to the issuance of such permits. In addition, the requirements of section 10(b) of the Endangered Species Act of 1973 (16 U.S.C. 1539(b)) regarding hardship exemptions for endangered species shall

apply to applications for hardship exemptions under this section as if such wildlife were classified "endangered:" and the applicant for an exemption under this section must submit all information required by section 10(b).

(B) The duration of any economic hardship permit issued for such wildlife under this provision will be limited by section 10(b) of the Endangered Species Act of 1973 as if those species were listed as "endangered" under the act.

(b) Grizzly bear (Ursus arctos horribilis)-(1) Prohibitions. The following prohibitions apply to the grizzly bear:

(i) Taking. (A) Except as provided in paragraphs (b)(1)(i) (B) through (F), of this section no person shall take any grizzly bear in the 48 conterminous states of the United States.

(B) Grizzly bears may be taken in self-defense, or in defense of others, but any such taking shall be reported in writing to the United States Fish and Wildlife Service, Division of Law Enforcement, P.O. Box 19183, Washington, D.C. 20036, and to appropriate State officials, within 5 days after it

(3) the taking is reported in writing to the United States Fish and Wildlife Service, Division of Law Enforcement, P.O. Box 19183, Washington, D.C. 20036, and to appropriate State officials, within 5 days after it occurs.

(D) Federal or State scientific or research activities. Authorized Federal or State employees may pursue, capture, or collect grizzly bears for scientific or research purposes.

(E) Northwestern Montana. If it is not contrary to the laws and regulations of the State of Montana, a

person may hunt grizzly bears in the Flathead National Forest, the Bob Marshall Wilderness Area, and the Mission Mountains Primitive Area of Montana: Provided,That if in any year in question, 25 grizzly bears have already been killed for whatever reason in that part of Montana, including the Flathead National Forest, the Bob Marshall Wilderness Area and the Mission Mountains Primitive Area, which is bounded on the north by the United States-Canadian Border, on the east by U.S. Highway 91, on the south by U.S. Highway 12, and on the west by Montana-Idaho State line, the Director shall post and publish a notice prohibiting such hunting, and any such hunting for the remainder of that year shall be unlawful: Provided further, That any taking of a grizzly bear, for whatever reason, in the above-described portion of Montana shall be reported in writing to the United States Fish and Wildlife Service, Division of Law Enforcement, P.O. Box 19183, Washington, D.C. 20036, and to the Montana Department of Fish and Game, within 5 days after the taking occurs; and except that any taking on an Indian reservation within the above-described area shall be so reported only to the United States Fish and Wildlife Service, Division of Law Enforcement, P.O. Box 19183, Washington, D.C. 20036.

(F) National Parks. The regulations of the National Park Service shall govern all taking of grizzly bears in National Parks.

(ii) Unlawfully taken grizzly bears. (A) Except as provided in paragraph (b)(1)(ii)(B) of this section, no person shall possess, deliver, carry, transport, ship, export, or sell grizzly bear taken unlawfully.

(B) Authorized Federal or State employees may for scientific or research purposes possess, deliver, carry, transport, ship, or export unlawfully taken grizzly bears.

(iii) Import or export. (A) Except as provided in this paragraph (b)(1)(iii)(A), below, no person shall import any grizzly bear into the United States.

(1) Federal or State scientific or research activities. Authorized Federal

or State employees may import grizzly bears into the United States for scientific or research purposes.

(2) Public zoological institutions. Public zoological institutions (see 50 CFR 10.12) may import grizzly bears into the United States.

(B) Except for public zoological institutions (see 50 CFR 10.12), no person shall, in the course of a commercial activity, export any grizzly bear from the United States.

(iv) Commercial transactions. (A) Except for public zoological institutions (see 50 CFR 10.12), no person shall, in the course of a commercial activity, deliver, receive, carry, transport, or ship in interstate or foreign commerce any grizzly bear.

(B) Except for public zoological institutions (see 50 CFR 10.12) dealing with other public zoological institutions, no person shall sell or offer for sale in interstate or foreign commerce any grizzly bear.

(v) Other violations. No person shall attempt to commit, cause to be committed, or solicit another to commit any act prohibited by this paragraph (a)(1) of this section.

(2) Definitions. As used in paragraph (b) of this section the term "grizzly bear" means any member of the species, Ursus arctos horribilis of the 48 conterminous states of the United States, including any part, offspring, dead body, part of a dead body, or product of such species.

(c) Primates. (1) Except as noted in paragraph (c)(2) of this section, all provisions of § 17.31 shall apply to the Lesser slow loris, Nycticebus pygmaeus; Philippine tarsier, Tarsius syrichta; White-footed tamarin, Saguinus leucopus; Black howler monkey, Alouatta pigra; Stumptail macaque, Macaca arctoides; Gelada, Theropithecus gelada; Formosan rock macaque, Macaca cyclopis; Japanese macaque, Macaca fuscata; Toque macaque, Macaca sinica; Long-tailed langur, Presbytis potenzani; Purple-faced langur, Presbytis senex; Tonkin snubnosed monkey, Rhinopithecus avunculus; Pigmy chimpanzee, Pan paniscus; and Chimpanzee, Pan troglodytes.

(2) The prohibitions referred to above do not apply to any live member

of such species held in captivity in the United States on the effective date of the final rulemaking, or to the progeny of such animals, or to the progeny of animals legally imported into the United States after the effective date of the final rulemaking, Provided, That the person wishing to engage in any activity which would otherwise be prohibited must be able to show satisfactory documentary or other evidence as to the captive status of the particular member of the species on the effective date of this rulemaking or that the particular member of the species was born in captivity in the United States after the effective date of this rulemaking. Identification of the particular member to a record in the International Species Inventory System (ISIS), or to a Federal, State or local government permit, shall be deemed to be satisfactory evidence. Records in the form of studbooks or inventories, kept in the normal course of business, shall be acceptable as evidence, provided that a notarized statement is inserted in such record to the effect that:

(i) The records were kept in the normal course of business prior to November 18, 1976, and accurately identify (by use of markers, tags, or other acceptable marking devices) individual animals; or

(ii) That the individual animal identified by the records was born in captivity on ▬▬▬▬ -(Date).

The notarized statement in paragraph (c)(2)(i) of this section, shall be acceptable only if the notarization is dated on or before January 3, 1977. The notarized statement in (c)(2)(ii), of this section, shall be acceptable only if the notarization is dated within 15 days of the date of birth of the animal.

(d) Gray wolf (Canis lupus) in Minnesota-(1) Zones. For purposes of these regulations, the State of Minnesota is divided into the following five

zones.

ZONE 1-4,488 SQUARE MILES

Beginning at the point of intersection of United States and Canadian boundaries in Section 22, Township 71 North, Range 22 West, in Rainy Lake, then proceeding along the west side of Sections 22, 27, and 34 in

said Township and Sections 3, 10, 15, 22, 27 and 34 in Township 70 North, Range 22 West and Sections 3 and 10 in Township 69 North, Range 22 West; then east along the south boundaries of Sections 10, 11, and 12 in said Township; then south along the Koochiching and St. Louis counties line to Highway 53; thence southeasterly along State Highway 53 to the junction with County Route 765; thence easterly along County Route 765 to the junction with Kabetogama Lake in Ash River Bay; thence along the south boundary of Section 33 in Township 69 North, Range 19 West, to the junction with the Moose River; thence southeasterly along the Moose River to Moose Lake; thence along the western shore of Moose Lake to the river between Moose Lake and Long Lake; thence along the said river to Long Lake; thence along the east shore of Long Lake to the drainage on the southeast side of Long Lake in NE1⁄4, Section 18, Township 67 North, Range 18 West; thence along the said drainage southeasterly and subsequently northeasterly to Marion Lake, the drainage being in Section 17 and 18, Township 67 North, Range 18 West; thence along the west shoreline of Marion Lake proceeding southeasterly to the Moose Creek; thence along Moose Creek to Flap Creek; thence southeasterly along Flap Creek to the Vermilion River; thence southerly along the Vermilion River to Vermilion Lake; thence along the Superior National Forest boundary in a southeasterly direction through Vermilion Lake passing these points: Oak Narrows, Muskrat Channel, South of Pine Island, to Hoodo Point and the junction with County Route 697; thence southeasterly on County Route 697 to the junction with State Highway 169; thence easterly along State Highway 169 to the junction with State Highway 1; thence easterly along State Highway 1 to the junction with the Erie Railroad tracks at Murphy City; thence easterly along the Erie Railroad tracks to the junction with Lake Superior at Taconite Harbor; thence northeasterly along the North Shore of Lake Superior to the Canadian Border; thence westerly along the Canadian Border to the point of beginning in Rainy Lake.

ZONE 2-1,856 Square MILES Beginning at the intersection of the Erie Mining Co. Railroad and State Highway 1 (Murphy City); thence southeasterly on State Highway 1 to the junction with County Road 4; thence southwesterly on County Road 4 to the State Snowmobile Trail (formerly the Alger-Smith Railroad); thence southwesterly to the intersection of the Old Railroad Grade and Reserve Mining Co. Railroad in Section 33 of Township 56 North, Range 9 West; thence northwesterly along the Railroad to Forest Road 107;

thence westerly along Forest Road 107 to Forest Road 203; thence westerly along Forest Road 203 to the junction with County Route 2; thence in a northerly direction on County Route 2 to the junction with Forest Road 122; thence in a westerly direction along Forest Road 122 to the junction with the Duluth, Missable and Iron Range Railroad; thence in a southwesterly direction along the said railroad tracks to the junction with County Route 14; thence in a northwesterly direction along County Route 14 to the junction with County Route 55; thence in a westerly direction along County Route 55 to the junction with County Route 44; thence in a southerly direction along County Route 44 to the junction with County Route 266; thence in a southeasterly direction along County Route 266 and subsequently in a westerly direction to the junction with County Road 44; thence in a northerly direction on County Road 44 to the junction with Township Road 2815; thence westerly along Township Road 2815 to Alden Lake; thence northwesterly across Alden Lake to the inlet of the Cloquet River; thence northerly along the Cloquet River to the junction with Carrol Trail-State Forestry Road; thence west along the Carrol Trail to the junction with County Route 4 and County Route 49; thence west along County Route 49 to the junction with the Duluth, Winnipeg and Pacific Railroad; thence in a northerly direction along said Railroad to the junction with the Whiteface River; thence in a northeasterly direction along the Whiteface River to the Whiteface Reservoir; thence along the western shore of the Whiteface Reservoir to the junction with County Route 340; thence north along County Route 340 to the junction with County Route 16; thence east along County Route 16 to the junction with County Route 346; thence in a northerly direction along County Route 346 to the junction with County Route 569; thence along County Route 569 to the junction with County Route 565; thence in a westerly direction along County Route 565 to the junction with County Route 110; thence in a westerly direction along County Route 110 to the junction with County Route 100; thence in a north and subsequent west direction along County Route 100 to the junction with State Highway 135; thence in a northerly direction along State Highway 135 to the junction with State Highway 169 at Tower; thence in an easterly direction along the southern boundary of Zone 1 to the point of beginning of Zone 2 at the junction of the Erie Railroad Tracks and State Highway 1.

ZONE 3-3,501 SQUARE MILES

Beginning at the junction of State Highway 11 and State Highway 65; thence south