Facts about federal wildlife laws

              April 2000

U.S. Fish & Wildlife Service

Facts About

Federal

Wildlife

Laws

or an educator, the

information in this

booklet will help you

comply with wildlife

protection laws and

make your trip the

positive experience

you want it to be.

By observing the laws,

you’ll help preserve

the world’s wildlife

resources and avoid

delays in clearing

Customs.

This booklet is a guide

to Federal laws that

apply to the importation,

exportation, trade,

and sale of wildlife,

including live and dead

animals and animal

parts and products.

If you’re a tourist

traveling in foreign

countries, a hunter

planning a trip

abroad, an importer

or exporter, a scientist

Federal restrictions on the import

and export of protected wildlife also

apply to hunters who take trophies,

businesses that deal in the animal

and animal product trade, and

scientists or teachers who use

animals for research or educational

purposes. Some exceptions are

allowed, but most imports or exports

of wildlife require that a Federal

permit be obtained in advance.

What Can and Can’t be Imported

More than 1,000 species of animals

and plants are officially listed

under U.S. law as endangered or

threatened. With limited exceptions,

none may be imported or exported

either alive, as parts or products,

or as hunting trophies. One of these

exceptions is for certain antiques.

Other exceptions also may be granted

by Federal permit for scientific

research, breeding, or similar

acceptable purposes that contribute

to the species conservation.

Items falling into the endangered

species category which are commonly

sold abroad but are prohibited entry

into the United States include:

Whole shells and “tortoise”

shell jewelry made from shells of

sea turtles.

Sea turtle soup and facial creams.

Endangered

and Threatened

Species

Introduction As you read this booklet, you

should be aware that the wildlife

and wildlife parts and products

mentioned are only a few of the

species and items that are subject to

Federal law. Also, while this booklet

describes the basic requirements

of Federal regulations, it does not

cover them in full. More complete

information is available from

any of the U.S. Fish & Wildlife

Service offices listed in the back

of this booklet.

If You’re Traveling Abroad...

Some of the most beautiful and

interesting souvenirs offered for sale

abroad are made from the furs,

hides, shells, feathers, teeth, and

flesh of creatures threatened with

extinction. Although tourists may

lawfully buy such souvenirs in a

number of foreign countries, it may

be illegal to import them into the

United States.

Don’t be fooled by the argument that

“the animal is already dead so it

doesn’t matter if you buy something

made from it.” Should you buy items

fashioned from endangered species,

you’d be adding to the demand for

such products and supporting a

market for which more animals

will be killed. When you consider

purchasing a wildlife product during

your travels, first make sure you

can legally bring it home. Don’t rely

on assurances by the vendor. Check

with the U.S. embassy or consular

office, which can then contact the

host government. A good rule, is “If

in doubt, do without.” There are no

refunds if your purchase is seized by

Customs or wildlife inspectors, and

you might also find yourself subject

to monetary penalties.

Under the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora

(CITES), more than 130 nations are

now regulating international trade

to prevent the decline of species

threatened (listed in Appendix I of

CITES) or potentially threatened

(listed in Appendix II) with

extinction. Trade, which is defined

as import, export, or re-export, of

a long list of such threatened

animal and plant species, is either

virtually prohibited or restricted.

International shipment of these

species and products made from

them requires an import or export

permit, or both, issued in advance by

the official management authorities

of the countries involved.

Seals, whales, dugong (sea cows),

porpoises, walruses, sea otters,

polar bears, and manatees also are

protected by Federal laws. These

animals (alive or dead), their parts,

or products made from them may

not be imported in most instances

except by special permit. Articles

made from these animals that are

commonly sold abroad include:

Sealskin toys, purses, wallets, key

cases, and clothing.

CITES Species

Marine

Mammals

Rugs, pelts, hunting trophies, and a

wide variety of manufactured articles

(such as handbags, compacts, coats,

wallets, key cases, etc.) made from

the skins and/or fur of endangered

or threatened animals, including

the cheetah, jaguar, margay, ocelot,

tiger, and others.

Asian elephant ivory and whale teeth

decorated with etchings (scrimshaw)

or made into figurines (netsuke),

curios, pendants, and other jewelry.

African elephant ivory, both raw

and worked.

Sea turtle and some crocodile leather

shoes, handbags, belts, wallets,

luggage, and similar articles. Leather

products made from certain other

reptiles, including caiman, may also

be prohibited.

apparel, Indian artifacts, necklaces,

headbands, and curios decorated

with feathers.

Most psittacine birds (parrots,

macaws, etc.).

The Lacey Act helps foreign

countries and our individual

States enforce their wildlife

conservation laws.

Under the Lacey Act, it is a violation

of Federal law to import, export,

transport, sell, receive, acquire, or

purchase in interstate or foreign

commerce any wildlife, including

fish, that was taken, transported,

possessed, or sold in violation of

any State of foreign law, or taken or

possessed in violation of other

Federal law or Indian tribal law.

Many countries prohibit the export

of certain species, and the United

States may also ban the importation

of wildlife from individual foreign

nations. Travelers should check

with the U.S. Fish & Wildlife

Service about such restrictions

before their trip.

Several live animals, including but

not limited to the fruit bat, mongoose,

walking catfish, and java sparrow,

may not be imported because they

are deemed to be harmful to the

environment, to people, or to animals

and plants in the United States. This

prohibition applies to animals in

captivity, including pets, but does not

apply to domesticated dogs, cats, or

rabbits. Many States also have strict

prohibitions against the introduction

of non-native wildlife.

Injurious

Wildlife

Wildlife Taken

in Violation of

State, Federal,

Foreign, or

Indian Tribal

Law

Whalebone and whale and walrus

ivory, either in natural form or carved

into figurines, curios or jewelry.

Sea otter furs and clothing

Polar bear hunting trophies, rugs and

items of clothing.

Most migratory birds are protected

by international treaty as well as by

United States law and may not be

possessed without a permit. However,

game birds that are legally killed in

and exported from foreign countries

by United States hunters may be

imported and possessed. Fully

manufactured artificial flies for

fishing (other than those containing

protected bird species) may also be

imported and possessed. Many

CITES listed live birds are also

controlled under the Wild Bird

Conservation Act and may require

U.S. import permits. Prohibited or

controlled items commonly sold

abroad include:

Live and mounted migratory birds,

including bald and golden eagles.

Feathers in a variety of forms,

including flower pictures, wearing

Bird and

Bird Feathers

Where in the United States Can

Wildlife be Imported or Exported?

To maintain control over importation

and exportation, wildlife and

wildlife products must enter or

exit the United States at one of the

following designated ports unless

specific permits allow otherwise

or unless conditions exist that

allow entry or exit at a Canadian

or Mexican border port, or a

special port.

Atlanta, GA Miami, FL

Baltimore, MD New Orleans, LA

Boston, MA New York, NY

Chicago, IL Newark, NJ

Dallas, TX Portland, OR

Honolulu, HI San Francisco, CA

Los Angeles, CA Seattle, WA

Wildlife, including parts and

products, other than marine

mammals or endangered,

threatened, CITES, or injurious

species, which is imported or

exported for commercial purposes

and whose origin is the United

States, Canada, or Mexico, may

enter or exit at any of 31 specified

border ports in addition to the nine

designated ports listed above. A list

of these 31 border ports may be

obtained from the U.S. Fish &

Wildlife Service.

Wildlife including parts and

products, may be imported or

exported from Juneau, Anchorage,

Fairbanks, or Alcan, if Alaska is the

origin or final destination; through

San Juan, if Puerto Rico or the

Virgin Islands are the origin or

final destination; and through

Agana, if Guam is the origin or final

destination. The use of these ports is

not permitted for marine mammals,

or endangered, threatened, CITES,

or injurious species.

Designated Ports

Canadian

and Mexican

Border Ports

Special Ports

Health certificates must accompany

all imports of fresh or frozen fish

produced commercially and salmon

and trout harvested recreationally

outside North American waters.

Live salmon eggs also require

health certificates. For a list of such

certifying officials, contact the

nearest U.S. Fish & Wildlife Service

Law Enforcement Office.

A list of wildlife and plants that

specifically require a Federal permit

in order to be imported may be

obtained by writing to the offices

listed in the back of this booklet.

These lists include species that are:

endangered or threatened

protected by CITES

injurious migratory birds

and marine mammals.

In addition, travelers will need to be

sure that they have any necessary

foreign permits to establish that the

wildlife they are importing into the

United States was lawfully exported.

Lists of Species

Is Documentation Required?

Most persons who import or export

wildlife must file a special declaration

and may be required to have certain

documents from foreign governments

as well.

In most cases, anyone importing or

exporting wildlife or wildlife products

must file a U.S. Fish & Wildlife

Service Form 3-177 (Declaration for

Importation or Exportation of Fish

and Wildlife) with the U.S. Fish &

Wildlife Service or U.S. Customs

Service at the time of importation or

exportation. This form is available

from the

Customs Service

or the U.S. Fish

& Wildlife

Service offices

listed in the back

of this booklet. It

does not have to

be filed in the

case of wildlife

products or manufactured articles

that are not for sale and are imported

as accompanying personal effects or

as part of a household move, and fish

caught by sport fishermen in North

America unless such wildlife requires

the prior issuance of a permit. This

exception does not apply to packages

mailed into the United States, live

animals, raw or dressed furs or skins,

endangered or threatened wildlife,

injurious wildlife, certain CITES

species, and marine mammals.

Any wildlife imported from a country

regulating its taking, possession,

transportation, exportation, or sale

has to be accompanied by documents

showing compliance with all of that

country’s laws. This documentation

must include an export document

from an appropriate foreign

government official (every

CITES species item must have

documentation, except for some

Import and

Export

Declarations

Foreign

Documentation

Personal or Household effects

Wildlife products or manufactured

articles that are not intended for

sale may enter or leave the United

States through any Customs port if

they are:

Worn as clothing.

Contained in accompanying

personal baggage.

Part of a household move.

The exception for personal or

household effects does not apply to:

Packages mailed into the United

States.

Raw or dressed furs or skins.

Game trophies.

Endangered or threatened wildlife.

Injurious wildlife.

Certain CITES species.

Marine mammals.

Trophies

Wildlife, other than marine mammals

or endangered, threatened, or

CITES Appendix I species, which is

lawfully taken by United States

residents in the United States,

Canada, or Mexico, may be imported

or exported for non-commercial

purposes at any Customs port.

Any Customs

Port

What About Hunting or Capturing

Wildlife Within the United States?

The Federal Government prohibits

the hunting, trapping, capturing, or

harassing of marine mammals,

endangered or threatened species,

bald and golden eagles, hawks, and

owls without a special permit. In

addition, no hunting or trapping of

non-game migratory birds (sea birds,

songbirds, etc.) is allowed without a

special permit.

The Federal Government authorizes

special hunting seasons for certain

migratory game birds. Federal

regulations governing these special

hunting seasons can be obtained by

writing to the U.S. Fish & Wildlife

Service offices listed in the back of

this booklet.

Airborne hunting of any wildlife is

prohibited without specific permits.

What About Restrictions by Other

Government Agencies?

In addition to the requirements,

restrictions, and prohibitions

enforced by the U.S. Fish & Wildlife

Service, other Federal agencies are

concerned with the importation and

exportation of wildlife and plants:

Many imported wildlife items are

subject to duty and must meet other

requirements administered by the

U.S. Customs Service. Travelers

should direct any questions

involving Customs laws and

regulations to the U.S. Customs

Service, 1301 Constitution Avenue,

NW, Washington, D.C. 20229.

To protect the U.S. livestock and

agriculture industry from diseases

of foreign origin, the Department of

Agriculture (USDA) also regulates

importation (and in some cases, the

exportation) of plants, birds, and

certain animals.

U.S. Customs

Service

U.S. Department

of Agriculture

personal or household effects). To

find out what documentation may

be required from a specific foreign

country, contact the nearest

U.S. Fish & Wildlife Service office.

Any container or package holding

wildlife (alive or dead) or wildlife

parts and products must be labeled to

show the name and address of the

shipper, the name and address of the

receiver, and the quantity and kind of

wildlife or wildlife products within.

What About Buying or Selling

Wildlife Within the United States?

Federal law restricts interstate

commerce in migratory birds, bald

or golden eagles, endangered or

threatened species, and any wildlife

that is taken, possessed, transported,

or sold illegally in a State or foreign

country. These restrictions apply to

live or dead animals, their parts, and

products manufactured from them.

Items commonly sold illegally in the

United States include:

Mounted migratory birds and jewelry

and curios made with feathers of

protected species.

Marking of

Packages and

Containers

Tortoise shell items and sea turtle

meat and oils.

Coats, handbags, wallets, compacts,

and other items made from protected

species.

USDA restricts the entry of live farm

animals, certain zoo animals, some

game animals and birds (including

carcasses, meat, and trophy skins),

poultry and other birds (and hatching

eggs), and the entry and interstate

shipment of potential carriers of

animal diseases. Some animals are

prohibited; others must be held in

USDA Animal Import Centers or

quarantine stations for 30 days after

entry. Quarantine arrangements must

be made prior to the importation.

Animals and birds must be inspected

by veterinarians of the Animal and

Plant Health Inspection Service

(APHIS). Write in advance to

Veterinary Services, APHIS, USDA,

4700 River Road, Riverdale,

Maryland 20737, 301/734 8170.

All imported plant material must be

inspected, and a permit is required

before certain plant material may be

brought into the United States. This

includes fruits, vegetables, and plants

or plant parts intended for growing.

For further information, write:

Permit Unit, APHIS, USDA, Plant

Protection and Quarantine, 4700

River Road, Riverdale, Maryland

20737, 301/734 8896 or 877/770 5990.

The Centers for Disease Control of

the U.S. Public Health Service

administers regulations that apply to

the importation of primates, turtles,

dogs, cats, and other wildlife that

may be carriers of human disease.

For specific information on

importation requirements, write to

the U.S. Public Health Service,

Centers for Disease Control, Division

of Quarantine, 1600 Clifton Road,

NE, Atlanta, Georgia 30333,

404/639 3311.

Animals and

Birds

Plant Materials

U.S. Public

Health Service

The National Marine Fisheries of

the U.S. Department of Commerce

has broad restrictions governing

importation and interstate commerce

in marine mammals or their

parts and products. For further

information, write to the Assistant

Administrator for Fisheries, National

Marine Fisheries Service, 1335

East-West Highway, Silver Spring,

Maryland 20910.

What is the Role of the States?

Within the United States, individual

States have the major responsibility

for regulating the use (including

hunting) of resident wildlife-that is,

wildlife native to a State. In addition,

many States have laws controlling

the introduction of wildlife that is

not native and regulating the sale

and possession of wildlife within

their borders. Travelers are advised

to check with these authorities

before acquiring wildlife items or

live wildlife.

Are Permits Available?

Some of the controlled import and

export activities described in this

booklet may be conducted under

special permits issued by the U.S.

Fish & Wildlife Service or National

Marine Fisheries Service. For

additional information, including

exceptions and procedures for

applying for special permits, write:

U.S. Fish & Wildlife Service,

Office of Management Authority,

Department of Interior, Washington,

D.C. 20240, or National Marine

Fisheries Service, Office

of Protected Species and Habitat

Conservation, Department of

Commerce, Washington, D.C. 20235.

National Marine

Fisheries Service

Assistant Regional Director

for Law Enforcement,

Region 6

U.S. Fish & Wildlife Service

P.O. Box 25486-DFC

Denver, Colorado 80225

Telephone: 303/236 7540

Assistant Regional Director

for Law Enforcement,

Region 7

U.S. Fish & Wildlife Service

1011 E. Tudor Road, Suite 155

Anchorage, Alaska 99503-6199

Telephone: 907/786 3311

Chief

Office of Law Enforcement

U.S. Fish & Wildlife Service

4401 N. Fairfax Drive, Room 520

Arlington, Virginia 22203

Telephone: 703/358 1949

You may also obtain additional

information about the U.S. Fish &

Wildlife Service from our web

site at www.fws.gov.

Department of the Interior

U.S. Fish & Wildlife Service

As the Nation’s principal

conservation agency, the Department

of the Interior has responsibility for

most of our nationally owned public

lands and natural resources. This

includes fostering the widest use

of our land and water resources,

protecting our fish and wildlife,

preserving the environmental and

cultural values of our national parks

and historical places, and providing

for the enjoyment of life through

outdoor recreation. The Department

assesses our energy and mineral

resources and works to assure that

their development is in the best

interests of all our people. The

Department also has a major

responsibility for American Indian

reservation communities and for

people who live in Island territories

under U.S. administration.

CO, KS, MT, NE,

ND, SD, UT, WY

AK

Headquarters

For More Information

For more complete information,

including lists of protected species

and copies of applicable Federal

regulations, write to the Assistant

Regional Director for Law

Enforcement of the U.S. Fish &

Wildlife Service Office nearest

your home.

Assistant Regional Director

for Law Enforcement,

Region 1

U.S. Fish & Wildlife Service

911 N.E. 11th Avenue

Portland, Oregon 97232-4181

Telephone: 503/231 6125

Assistant Regional Director

for Law Enforcement,

Region 2

U.S. Fish & Wildlife Service

P.O. Box 329

Albuquerque, New Mexico 87103

Telephone: 505/248 7889

Assistant Regional Director

for Law Enforcement,

Region 3

U.S. Fish & Wildlife Service

P.O. Box 45, Federal Building

Fort Snelling, Minnesota 55111-0045

Telephone: 612/713 5320

Assistant Regional Director

for Law Enforcement,

Region 4

U.S. Fish & Wildlife Service

P.O. Box 49226

Atlanta, Georgia 30359

Telephone: 404/679 7057

Assistant Regional Director

for Law Enforcement,

Region 5

U.S. Fish & Wildlife Service

300 Westgate Center Drive

Hadley, Massachusetts 01035

Telephone: 413 /253 8274

State/Territories

CA, HA, ID, NV,

OR, WA, GU,

AS, CM

AZ, NM, OK, TX

IL, IN, IA, MI,

MN, MO, OH,

WI

AL, AR, FL, GA,

KY, LA, MS, NC,

SC, TN, PR, VI

CT, DE, DC, ME,

MD, MA, NH,

NJ, NY, PA, RI,

VT, VA, WV