50 C.F.R. § 23.44

Current through October 31, 2024
Section 23.44 - What are the requirements for traveling internationally with my personally owned live wildlife?
(a)Purpose. A Management Authority may use the exemption in Article VII(3) of the Treaty to issue a certificate of ownership that authorizes frequent cross-border movements of personally owned live wildlife for personal use.
(b)U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of a certificate of ownership for frequent international travel with live wildlife for personal use:
(1) The certificate must be obtained from the Management Authority in the country of the owner's primary residence.
(2) Parties should treat the certificate like a passport for import to and export or re-export from each country and should not collect the original certificate at the border.
(3) If offspring are born or an additional specimen is acquired while the owner is outside his or her country of primary residence, the owner must obtain the appropriate CITES document for the export or re-export of the wildlife, not a certificate of ownership, from the Management Authority of that country.
(4) Upon returning home, the owner may apply for a certificate of ownership for wildlife born or acquired overseas.
(c)U.S. application form. Complete Form 3-200-64 and submit it to the U.S. Management Authority.
(d)Criteria. The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign certificates. When applying for a U.S. certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria:
(1) The traveler owns the live wildlife and it will accompany the owner.
(2) The cross-border movement will be frequent and for personal use, including, but not limited to, companionship or use in a noncommercial competition such as falconry.
(3) To apply for a U.S. certificate, the owner resides in the United States.
(4) The wildlife was legally acquired (see § 23.60 ).
(5) The owner does not intend to sell, donate, or transfer the wildlife while traveling internationally.
(6) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP (see § 23.23 ).
(7) The Management Authority of the country of import has agreed to the cross-border movement.
(8) The wildlife is securely marked or uniquely identified in such a manner that the border official can verify that the specimen and CITES document correspond.
(9) The wildlife is transported and cared for in a way that minimizes risk of injury, damage to health, or cruel treatment of the specimen (see § 23.23 ).
(e)U.S. standard conditions. In addition to the conditions in § 23.56 , all of the following conditions must be met:
(1) You must accompany the wildlife during any cross-border movement.
(2) You must transport the wildlife for personal use only.
(3) You must not sell, donate, or transfer the specimen while traveling internationally.
(4) You must present the certificate to the official for validation at each border crossing.
(5) If the certificate is lost, stolen, or accidentally destroyed, you must obtain a replacement certificate from the issuing Management Authority.
(6) If you no longer own the live wildlife, you must immediately return the original document to the issuing Management Authority and report on the disposition of the wildlife, such as death, sale, or transfer.
(7) You must return the wildlife to the United States before the certificate expires.

50 C.F.R. §23.44

72 FR 48448 , Aug. 23, 2007, as amended at 79 FR 30425 , May 27, 2014