C.F.R. » Title 50 » CHAPTER I—UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS › PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS › Subpart A—Introduction and General Provisions

50 C.F.R. § 17.8

Import exemption for threatened, CITES Appendix-II wildlife

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(a) Except as provided in a species-specific rule in §§ 17.40 through 17.48 or in paragraph (b) of this section, all provisions of §§ 17.31 and 17.32 apply to any specimen of a threatened species of wildlife that is listed in Appendix II of the Convention.

(b) Except as provided in a species-specific rule in §§ 17.40 through 17.48, any live or dead specimen of a fish and wildlife species listed as threatened under this part may be imported without a threatened species permit under § 17.32 provided all of the following conditions are met:

(1) The specimen was not acquired in foreign commerce or imported in the course of a commercial activity;

(2) The species is listed in Appendix II of the Convention.

(3) The specimen is imported and subsequently used in accordance with the requirements of part 23 of this subchapter, except as provided in paragraph (b)(4) of this section.

(4) Personal and household effects (see § 23.5) must be accompanied by a CITES document.

(5) At the time of import, the importer must provide to the FWS documentation that shows the specimen was not acquired in foreign commerce in the course of a commercial activity.

(6) All applicable requirements of part 14 of this subchapter are satisfied.

[72 FR 48446, Aug. 23, 2007, as amended at 89 FR 23938, Apr. 5, 2024]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2012–2023 · leading case: Kuehl v. Sellner, 161 F. Supp. 3d 678 (N.D. Iowa 2016).
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Kuehl v. Sellner, 161 F. Supp. 3d 678 (N.D. Iowa 2016). “” 50 C.F.R. § 17.8 . Furthermore, because the lack of ■enrichment does not “actually kill[] or injure! ]” the tigers, it does not meet the definition of “harm” within the meaning of “take” in the Endangered Species Act.”
Safari Club Int'l v. Jewell, 213 F. Supp. 3d 48 (D.D.C. 2016). “31 (c) (emphasis added); see also 50 C.F.R. § 17.8 (setting conditions for imports of threatened, CITES Appendix II wildlife “[e]xcept as provided in a special rule”).”
United States v. One Etched Ivory Tusk of African Elephant, 871 F. Supp. 2d 128 (E.D.N.Y 2012). · cites it 2× “7 The general require *138 ments for importation of specimens from species listed as threatened under the ESA are contained in 50 C.F.R. § 17.8 , which requires, inter alia, that “the species [must be] listed in Appendix II of [CITES] [and] the specimen [must be] imported and…”
Louisiana Wildlife & Fisheries Comm'n v. Becerra (E.D. Cal. 2023). “Order at 14; see also 50 C.F.R. § 17.8 (a) (“Except as provided in a 13 special rule .”
April in Paris v. Becerra (E.D. Cal. 2023). “Order at 14; see also 50 C.F.R. § 17.8 (a) (“Except as provided in a 13 special rule .”
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