50 CFR § 23.55 How may I use a CITES specimen after import into the United States? | Code of Federal Regulations | US Law

50 CFR § 23.55

How may I use a CITES specimen after import into the United States?

July 17, 2020

CFR

In addition to the provisions in §23.3, you may only use CITES specimens after import into the United States for the following purposes:

Open Table

If the species is listed in	Allowed use within the United States
(a) Appendix I, except for specimens imported with a CITES exemption document listed in paragraph (d) of this section. (b) Appendix II with an annotation for noncommercial purposes where other specimens of that species are treated as if listed in Appendix I. (c) Appendix II without an annotation for noncommercial purposes, or Appendix III, and threatened under the ESA, except as provided in a special rule in §§17.40 through 17.48 or under a permit granted under §§17.32 or 17.52	The specimen may be used only for noncommercial purposes (see §23.5). Exception: If the specimen was lawfully imported, with no restrictions on its use after import, before the species was listed as described in paragraphs (a), (b), or (c) of this section, you may continue to use the specimen as indicated for paragraphs (d), (e) and (f) of this section provided you can clearly demonstrate (using written records or other documentary evidence) that your specimen was imported prior to the CITES listing, with no restrictions on its use after import. If you are unable to clearly demonstrate that this exception applies, the specimen may be used only for noncommercial purposes.
(d) Appendix I, and imported with a CITES exemption document as follows: (1) U.S-issued certificate for personally owned wildlife. (2) Pre-Convention certificate. (3) Export permit or re-export certificate for wildlife from a registered commercial breeding operation. (4) Export permit or re-export certificate for a plant from a registered nursery or under a permit with a source code of “D.” (5) Certificate for artificially propagated plants with a source code of “A” for artificially propagated hybrid specimens derived from one or more unannotated Appendix-I species or other taxa. (6) U.S.-issued traveling-exhibition certificate. (e) Appendix II, other than those in paragraphs (b) and (c) of this section. (f) Appendix III, other than those in paragraph (c) of this section.	The specimen may be used for any lawful purpose, except if the regulations in this part or other parts of this subchapter or a permit condition allowed the import only for noncommercial purposes, then the import and subsequent use must be only for noncommercial purposes.

If the species is listed in

Allowed use within the United States

(a) Appendix I, except for specimens imported with a CITES exemption document listed in paragraph (d) of this section.
(b) Appendix II with an annotation for noncommercial purposes where other specimens of that species are treated as if listed in Appendix I.
(c) Appendix II without an annotation for noncommercial purposes, or Appendix III, and threatened under the ESA, except as provided in a special rule in §§17.40 through 17.48 or under a permit granted under §§17.32 or 17.52

The specimen may be used only for noncommercial purposes (see §23.5).
Exception:
If the specimen was lawfully imported, with no restrictions on its use after import, before the species was listed as described in paragraphs (a), (b), or (c) of this section, you may continue to use the specimen as indicated for paragraphs (d), (e) and (f) of this section provided you can clearly demonstrate (using written records or other documentary evidence) that your specimen was imported prior to the CITES listing, with no restrictions on its use after import. If you are unable to clearly demonstrate that this exception applies, the specimen may be used only for noncommercial purposes.

(d) Appendix I, and imported with a CITES exemption document as follows:
(1) U.S-issued certificate for personally owned wildlife.
(2) Pre-Convention certificate.
(3) Export permit or re-export certificate for wildlife from a registered commercial breeding operation.
(4) Export permit or re-export certificate for a plant from a registered nursery or under a permit with a source code of “D.”
(5) Certificate for artificially propagated plants with a source code of “A” for artificially propagated hybrid specimens derived from one or more unannotated Appendix-I species or other taxa.
(6) U.S.-issued traveling-exhibition certificate.
(e) Appendix II, other than those in paragraphs (b) and (c) of this section.
(f) Appendix III, other than those in paragraph (c) of this section.

The specimen may be used for any lawful purpose, except if the regulations in this part or other parts of this subchapter or a permit condition allowed the import only for noncommercial purposes, then the import and subsequent use must be only for noncommercial purposes.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014]

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