Code of Federal Regulations (alpha)

CFR /  Title 50  /  Part 23  /  Sec. 23.34 What kinds of records may I use to show the origin of a

(a) When you apply for a U.S. CITES document, you will be asked to provide information on the origin of the specimen that will be covered by the CITES document.

(1) You need to provide sufficient information for us to determine if the issuance criteria in this part are met (see the sections in this subpart for each type of CITES document).

(2) We require less detailed information when the import, introduction from the sea, export, or re-export poses a low risk to a species in the wild and more detailed information when the proposed activity poses greater risk to a species in the wild (see Subpart D of this part for factors we consider in making certain findings).

(b) Information you may want to provide in a permit application includes, but is not limited to, the following: ----------------------------------------------------------------------------------------------------------------

(1) Captive-bred or cultivated \1\ (i) Records that identify the breeder or propagator of

the specimens that have been identified by birth,

hatch, or propagation date and for wildlife by sex,

size, band number, or other mark, or for plants by

size or other identifying feature:

(A) Signed and dated statement by the breeder or

propagator that the specimen was bred or propagated

under controlled conditions.

(B) Name and address of the breeder or propagator as

shown by documents such as an International Species

Information System (ISIS) record, veterinary

certificate, or plant nursery license.

(ii) Records that document the breeding or propagating

of specimens at the facility:

(A) Number of wildlife (by sex and age- or size-class)

or plants at the facility.

(B) How long the facility has been breeding or

propagating the species.

(C) Annual production and mortalities.

(D) Number of specimens sold or transferred annually.

(E) Number of specimens added from other sources

annually.

(F) Transaction records with the date, species,

quantity of specimens, and name and address of seller.

(G) Marking system, if applicable.

(H) Photographs or video of facility, including for

wildlife any activities during nesting and production

and rearing of young, and for plants, different stages

of growth.----------------------------------------------------------------------------------------------------------------(2) Confiscated or seized Copy of remission decision, legal settlement, or

disposal action after forfeiture or abandonment, which

demonstrates the applicant's legal possession.----------------------------------------------------------------------------------------------------------------(3) Grown from exempt plant material Records that document how you obtained the exempt plant

material, including the name and address of the person

from whom you received the plant material.----------------------------------------------------------------------------------------------------------------(4) Imported previously (i) A copy of the cancelled CITES document that

accompanied the shipment into the United States.

(ii) For wildlife, copies of cleared Declarations for

Importation or Exportation of Fish or Wildlife (Form 3-

177) associated with each specimen.----------------------------------------------------------------------------------------------------------------(5) Pre-Convention Records that show the specimen was acquired before the

date the provisions of the Convention first applied to

it, such as:

(i) Receipt or invoice.

(ii) Catalog, inventory list, photograph, or art book.

(iii) Statement from a qualified appraiser attesting to

the age of a manufactured product.

(iv) CBP (formerly U.S. Customs Service) import

documents.

(v) Phytosanitary certificate.

(vi) Veterinary document or breeding or propagation

logs.----------------------------------------------------------------------------------------------------------------(6) Ranched wildlife (i) Records, such as permits, licenses, and tags, that

demonstrate that the specimen was legally removed from

the wild under relevant Federal, tribal, State, or

local wildlife conservation laws or regulations:

(A) If taken on private or tribal land, permission of

the landowner if required under applicable law.

(B) If taken in a national, State, or local park,

refuge or other protected area, permission from the

applicable agency, if required.

(ii) Records that document the rearing of specimens at

the facility:

(A) Number of specimens (by sex and age- or size-class)

at the facility.

(B) How long the specimens were reared at the facility.

(C) Signed and dated statement by the owner or manager

of the facility that the specimens were reared at the

facility in a controlled environment.

(D) Marking system, if applicable.

(E) Photographs or video of the facility.----------------------------------------------------------------------------------------------------------------

(7) Sequential ownership or purchase (i) Records that specifically identify the specimen,

give the name and address of the owner, and show the

specimen's origin (pre-Convention, previously

imported, wild-collected, or born or propagated in a

controlled environment in the United States).

(ii) Records that document the history of all transfers

in ownership (generally not required for pre-

Convention specimens).----------------------------------------------------------------------------------------------------------------(8) Unknown origin, for noncommercial purposes A complete description of the circumstances under which

the specimen was acquired (where, when, and from whom

the specimen was acquired), including efforts made to

obtain information on the origin of the specimen.----------------------------------------------------------------------------------------------------------------(9) Wild-collected Records, such as permits, licenses, and tags, that

demonstrate the specimen or the parental stock was

legally removed from the wild under relevant foreign,

Federal, tribal, State, or local wildlife or plant

conservation laws or regulations:

(i) If taken on private or tribal land, permission of

the landowner if required under applicable law.

(ii) If taken in a national, State, or local park,

refuge, or other protected area, permission from the

applicable agency, if required.--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------\1\ If the wildlife was born in captivity from an egg collected in the wild or from parents that mated or

exchanged genetic material in the wild, see paragraphs (b)(6) and (b)(9) of this section. If the plant was

propagated from a non-exempt propagule collected from a wild plant, see paragraph (b)(9) of this section.

(c) If you intend to engage in international trade with a CITES specimen in the future, you should keep sufficient records to establish your eligibility for a CITES document for as long as you possess the specimen, and if you sell, donate, or transfer ownership of the specimen, you should provide such records on the origin of the specimen to the new owner. [72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30424, May 27, 2014]