SUBCHAPTER

10.22 Law enforcement districts.

AUTHORITY: Lacey Act, 62 Stat. 687, as amended, 63 Stat. 89, 74 Stat. 753, and 83 Stat. 281; Black Bass Act, sec. 5, 44 Stat. 576, as amended, 46 Stat. 846; Migratory Bird Treaty Act, sec. 3, 40 Stat. 755, Bald Eagle Protection Act, sec. 2, 54 Stat. 251; Tariff Classification Act of 1962, sec. 102, 76 Stat. 73-74, 19 U.S.C. 1202, Schedule 1, Part 15D, Headnote. 2(d), "Tariff Schedules of the United States"; Endangered Species Act of 1973, section 11(f), 87 Stat. 884; Fish and Wildlife Act of 1956, sec. 13(d), 86 Stat. 905 amending 85 Stat. 480; Marine Mammal Protection Act of 1972, sec. 112(a), 86 Stat. 1042.

SOURCE: 38 FR 22015, Aug. 15, 1973, unless otherwise noted.

Subpart A-Introduction

§ 10.1 Purpose of regulations.

The regulations of this subchapter B are promulgated to implement the following statutes enforced by the U.S. Fish and Wildlife Service which regulate the taking, possession, transportation, sale, purchase, barter, exportation, and importation of wildlife:

Lacey Act, 18 U.S.C. 42-44.

Black Bass Act, 16 U.S.C. 851-856.

Migratory Bird Treaty Act, 16 U.S.C. 703711.

Bald Eagle Protection Act, 16 U.S.C. 668668d.

Tariff Classification Act of 1962, 19 U.S.C. 1202, (Schedule 1. Part 15D, Headnote 2, T.S.U.S.).

Endangered Species Conservation Act of 1969, 16 U.S.C. 668aa-668cc-6.

Fish and Wildlife Act of 1956, 16 U.S.C. 742a-1.

Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1384, 1401-1407.

§ 10.2 Scope of regulations.

The various parts of this subchapter B are interrelated, and particular note should be taken that the parts must be construed with reference to each other.

§ 10.3 Other applicable laws.

No statute or regulation of any State shall be construed to relieve a person from the restrictions, conditions, and requirements contained in this Subchapter B. In addition, nothing in this Subchapter B, nor any permit issued under this Subchapter B, shall be construed to relieve a person from any other requirements imposed by a statute or regulation of any State or of the United States, including any applicable health, quarantine, agricultural, or customs laws or regulations, or other Service enforced statutes or regulations.

§ 10.4 When regulations apply.

The regulations of this subchapter B shall apply to all matters arising after the effective date of such regulations, with the following exceptions:

(a) Civil penalty proceedings. Except as otherwise provided in § 11.25, the civil penalty assessment procedures contained in this Subchapter B shall apply only to any proceeding institut

ed by notice of violation dated subsequent to the effective date of these regulations, regardless of when the act or omission which is the basis of a civil penalty proceeding occurred.

(b) Permits. The regulations in this Subchapter B shall apply to any permit application received after the effective date of the appropriate regulations in this Subchapter B and, insofar as appropriate, to any permit which is renewed after such effective date.

[38 FR 22015, Aug. 15, 1973, as amended at 39 FR 1159, Jan. 4, 1974]

Subpart B-Definitions

§ 10.11 Scope of definitions.

In addition and subject to definitions contained in applicable statutes and subsequent parts or sections of this Subchapter B, words or their variants shall have the meanings ascribed in this subpart. Throughout this Subchapter B words in the singular form shall include the plural, words in the plural form shall include the singular, and words in the masculine form shall include the feminine.

§ 10.12 Definitions.

"Aircraft" means any contrivance used for flight in the air.

“Amphibians” means a member of the class, Amphibia, including, but not limited to, frogs, toads, and salamanders; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product.

“Animal” means an organism of the animal kingdom, as distinguished from the plant kingdom; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product.

"Birds" means a member of the class, Aves; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a

manufactured product or in a processed food product.

"Service" means the United States Fish and Wildlife Service, Department of the Interior.

"Country of exportation” means the last country from which the animal was exported before importation into the United States.

"Country of origin” means the country where the animal was taken from the wild, or the country of natal origin of the animal.

"Crustacean" means a member of the class, Crustacea, including but not limited to, crayfish, lobsters, shrimps, crabs, barnacles, and some terrestrial forms; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product.

"Director" means the Director of the United States Fish and Wildlife Service, Department of the Interior, or his authorized representative.

"Endangered wildlife" means any wildlife listed in § 17.11 or § 17.12 of this subchapter.

"Fish" means a member of any of the following classes: (1) Cyclostomata, including, but not limited to, hagfishes and lampreys; (2) Elasmobranchii, including but not limited to, sharks, skates, and rays; and (3) Pisces, including but not limited to trout, perch, bass, minnows, and catfish; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product.

"Fish or wildlife" means any wild mammal, bird, fish, amphibian, reptile, mollusk, or crustacean, whether or not raised in captivity, and including any part, product, egg, or offspring thereof, or the dead body or parts thereof, whether or not included in a manufactured product or in a processed food product.

"Foreign commerce" includes, among other things, any transaction (1) between persons within one foreign country, or (2) between persons in two or more foreign countries, or (3) be

tween a person within the United States and a person in one or more foreign countries, or (4) between persons within the United States, where the fish or wildlife in question are moving in any country or countries outside the United States.

"Fossil" means the remains of an animal of past geological ages which has been preserved in the earth's crust through mineralization of the object.

"Import" means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the tariff laws of the United States.

"Injurious Wildlife" means any wildlife for which a permit is required under subpart B of Part 16 of this subchapter before being imported into or shipped between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States.

"Mammal" means a member of the class, Mammalia; including any part, product, egg, or offspring, or the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product.

"Migratory bird" means any bird, whatever its origin and whether or not raised in captivity, which belongs to a species listed in § 10.13, or which is a mutation or a hybrid of any such species, including any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof.

"Migratory game birds": See § 20.11 of this subchapter.

"Mollusk" means a member of the phylum, Mollusca, including but not limited to, snails, mussels, clams, oysters, scallops, abalone, squid, and octopuses; including any part, product, egg, or offspring thereof, or the dead body or parts thereof (excluding fossils), whether or not included in a

manufactured product or in a processed food product.

"Permit" means any document so designated as a permit by the Service and signed by an authorized official of the Service.

"Person" means any individual, firm, corporation, association, partnership, club, or private body, any one or all, as the context requires.

"Plant" means any member of the plant kingdom, including seeds, roots and other parts thereof.

"Possession" means the detention and control, or the manual or ideal custody of anything which may be the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one's place and name. Possession includes the act or state of possessing and that condition of facts under which one can exercise his power over a corporeal thing at his pleasure to the exclusion of all other persons. Possession includes constructive possession which means not actual but assumed to exist, where one claims to hold by virtue of some title, without having actual custody.

"Public" as used in referring to museums, zoological parks, and scientific or educational institutions, refers to such as are open to the general public and are either established, maintained, and operated as a governmental service or are privately endowed and organized but not operated for profit.

"Reptile" means a member of the class, Reptilia, including but not limited to, turtles, snakes, lizards, crocodiles, and alligators; including any part, product, egg, or offspring thereof, or the dead body or parts thereof, whether or not included in a manufactured product or in a processed food product.

"Secretary" means the Secretary of the Interior or his authorized representative.

"Shellfish" means an aquatic invertebrate animal having a shell, including, but not limited to, (a) an oyster, clam, or other mollusk; and (b) a lobster or other crustacean; or any part, product, egg, or offspring thereof, or

the dead body or parts thereof (excluding fossils), whether or not included in a manufactured product or in a processed food product.

"State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam.

hunt,

"Take" means to pursue, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect. (With reference to marine mammals, see Part 18 of this subchapter.)

“Transportation” means to ship, convey, carry or transport by any means whatever, and deliver or receive for such shipment, conveyance, carriage, or transportation.

"United States" means the several States of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam. "Whoever" means the same as

person.

"Wildlife" means the same as fish or wildlife.

[38 FR 22015, Aug. 15, 1973, as amended at 42 FR 32377, June 24, 1977; 42 FR 59358, Nov.16, 1977]

§ 10.13 List of Migratory Birds.

The following is a list of all species of migratory birds protected by the Migratory Bird Treaty Act (16 U.S.C. 703-711) and subject to the regulations contained in this subchapter. The species listed are those included in the Convention for the Protection of Migratory Birds, August 16, 1916, United States-Great Britain (on behalf of Canada), 39 Stat. 1702, T. S. No. 628; the Convention for the Protection of Migratory Birds and Game Mammals, February 7, 1936, United States-Mexico, 50 Stat. 1311, T. S. No. 912; and the Convention for the Protection of Migratory Birds and Birds in Danger of Extinction, and Their Environment, March 4, 1972, United States-Japan, 25 U.S.T. 3329, T.I.A.S. No. 7990. The species are arranged alphabetically by groups, with the scientific name following the English language common name. All spe

cies of ducks are listed together under the heading "DUCKS".

Accentor, Mountain: Prunella montanella.
Albatross:

Black-footed Diomedea nigripes.
Laysan Diomedea immutabilis.
Short-tailed Diomedea albatrus.
White-capped Diomedea cauta.

Yellow-nosed Diomedea chlororhynchos.

Anhinga, American: Anhinga anhinga.
Ani:

Groove-billed Crotophaga sulcirostris.
Smooth-billed Crotophaga ani.
Auklet:

Cassin's Ptychoramphus aleuticus.
Crested Aethia cristatella.
Least Aethia pusilla.

Parakeet Cyclorrhynchus psittacula
Rhinoceros Cerorhinca monocerata.
Whiskered Aethia pygmaea.

Avocet, American: Recurvirostra americana.
Bittern:

American Botaurus lentiginosus.
Chinese Little Ixobrychus sinensis.
Least Ixobrychus exilis.

Malay Gorsachius melanolophus.
Schrenk's Little Ixobrychus eurhythmus.
Blackbird:

Brewer's Euphagus cyanocephalus.
Red-winged Agelaius phoeniceus.
Rusty Euphagus carolinus.

Tawny-shouldered Agelaius humeralis.
Tricolored Agelaius tricolor.

Yellow-headed Xanthocephalus xanthocephalus.

Yellow-shouldered Agelaius xanthomus.

Bluebird:

Eastern Sialia sialis.

Mountain Sialia currucoides.

Western Sialia mexicana.

Bluethroat: Luscinia sevecia.

Bobolink: Dolichonyx oryzivorus.
Booby:

Blue-faced Sula dactylatra.

Blue-footed Sula nebouxii.

Brown Sula leucogaster.

Red-footed Sula sula.

Brambling: Fringilla montifringilla.

Brant (incl. Black Brant): Branta bernicla. Bufflehead: see DUCKS.

Bullfinch:

Eurasian Pyrrhula pyrrhula.

Puerto Rican Loxigilla portoricensis. Bunting:

Indigo Passerina cyanea.

Lark Calamospiza melanocorys.
Lazuli Passerina amoena.

McKay's Plectrophenax hyperboreus.
Painted Passerina ciris.
Rustic Emberiza rustica.
Snow Plectrophenax nivalis.
Varied Passerina versicolor.
Bushtit: Psaltriparus minimus.
Canvasback: see DUCKS.

Caracara, Audubon's: Caracara cheriway.

Dickcissel: Spiza americana.
Dipper: Cinclus mexicanus.
Dotterel: Eudromias morinellus.
Dove (also see Quail-Dove):
Ground Columbina passerina.
Inca Scardafella inca.

Mourning Zenaida macroura.
White-fronted Leptotila verreauxi.

White-winged Zenaida asiatica.

Zenaida Zenaida aurita

Dovekie: Alle alle.

Dowitcher:

Long-billed: Limnodromus scolopaceus. Short-billed: Limnodromus griseus.

[DUCKS]

Black Duck: Anas rubries.

Bufflehead: Bucephala albeola.
Canvasback: Aythya valisinera.
Eider:

Common Somateria mollissima.
King Somateria spectabilis.
Spectacled Somateria fisheri.

Steller's Polysticta stelleri.

Gadwall: Anas strepera.

Garganey: Anas querquedula.
Goldeneye:

Barrow's Bucephala islandica.
Common Bucephala clangula

Harlequin Duck: Histrionicus histrionicus.
Hawaiian Duck: Anas wyvilliana.
Laysan Duck: Anas laysanensis.
Mallard: Anas platyrhynchos.
Masked Duck: Oxyura dominica.
Merganser:

Common Mergus merganser.
Hooded Lophodytes cucullatus.
Red-breasted Mergus serrator

Mexican Duck: Anas diazi.

Mottled Duck (incl. Florida): Anas fulvigula. Oldsquaw: Clangula hyemalis

Pintail:

Bahama Anas bahamensis.

Northern Anas acuta.

Pochard:

Baer's Aythya baeri.

Common Aythya ferina

Redhead: Aythya americana.

Ring-necked Duck: Aythya collaris.

Ruddy Duck: Oxyura jamaicensis. Scaup:

Greater Aythya marila.

Lesser Aythya affinis

Scoter:.

Black Melanitta nigra.

Surf Melanitta perspicillata.

White-winged Melanitta deglandi. Shoveler, Northern: Anas clypeata. Smew: Mergellus albellus.

Teal:

Baikal Anas formosa.

Blue-winged Anas discors.

Cinnamon Anas cyanoptera.

Falcated Anas falcata. Green-winged Anas crecca. Tufted Duck: Aythya fuligula.