2. Specific exceptions. (a) Tampa, Florida, is a port of entry for fish.

(b) In any case of emergency diversion of a shipment of live fish or live wildlife to a place in the United States other than a designated port, the Regional Director of the Bureau of Sport Fisheries and Wildlife (see Appendix C) or his designee may make appropriate arrangements for the immediate clearance for importation of such fish or wildlife, where it appears that delay in clearance would endanger or impair the health of such fish or wildlife. In any instance where the Regional Director of the Bureau of Sport Fisheries and Wildlife or his designee can not be reached, any customs officer is authorized to clear and release the fish or wildlife upon receipt, where applicable, of a properly executed Declaration for the Importation of Fish or Wildlife (Form 3-177).

(c) (1) Except for any species or subspecies which appears on the Endangered Species List, any fish or wildlife whose country of origin is Canada, or which was previously exported from the United States into Canada, may enter the United States through any

of the ports designated in section 1 of Appendix B or through any of the following customs ports of entry:

(i) State of Alaska-Tok Junction. (ii) State of Washington-Blaine, Sumas, Oroville.

(iii) State of Idaho-Eastport.

(iv) State of Montana-Sweetgrass, Raymondi.

(v) State of North Dakota-Portal, Pembina, Dunseith.

(vi) State of Minnesota-Noyes, International Falls, Grand Portage, Minneapolis-St. Paul.

(vii) State of Michigan-Sault

Marie, Detroit, Port Huron.

Sainte

(viii) State of Ohio-Cleveland. (ix) State of New York-Buffalo-Niagara Falls, Ogdensburg, Rouses Point.

(x) State of Vermont-Highgate Springs, Derby Line.

(xi) State of Maine-Houlton, Calais.

(2) Except for any species or subspecies which appears on the Endangered Species List, any fish or wildlife whose country of origin is Mexico, or which was previously exported from the United States into Mexico, may enter the United States through any of the ports designated in section 1 of Appendix B or through any of the following customs ports of entry: of (1) State Diego-San Ysidro.

California-Calexico, San

(11) State of Arizona-Nogales, San Luis. of (iii) State Texas-El Paso, Laredo, Brownsville.

(3) Prior to any entry pursuant to (1) or (2) above, the importer or his agent must submit a signed and dated statement to the

customs officer at the port of entry showing his name and address, the number and a description of the items being imported, and containing the following certification: “Subject to the criminal penalties of 18 U.S.C. 1001, I hereby certify that the fish or wildlife named hereon does not appear on the Endangered Species List and originated in (Canada) (Mexico) or were previously exported from the United States into (Canada) (Mexico)."

(d) (1) Except for any species or subspecies which appears on the Endangered Species List, fish or wildlife which are entered into Alaska, Hawaii, Puerto Rico, Guam, American Samoa, or the Virgin Islands, and which are not to be forwarded or transshipped within the United States may be imported through any of the ports designated in section 1 of Appendix B or at the following ports:

(1) Alaska-Juneau,

banks.

(ii) Hawaii-Honolulu.

Anchorage,

(iii) Puerto Rico-San Juan.

(iv) Guam-Honolulu, Hawaii.

Fair

(v) American Samoa-Honolulu, Hawaii. (vi) Virgin Islands-San Juan, Puerto Rico.

(2) Prior to any such entry, the importer or his agent must submit a signed and dated statement to the customs officer at the port of entry showing his name and address, the numbers and descriptions of the items being imported, and containing the following certification: "Subject to the criminal penalties of 18 U.S.C. 1001, I hereby certify that the fish or wildlife named hereon do not appear on the Endangered Species List and are not to be forwarded or transshipped within the United States."

(e) (1) Except for any species or subspecies which appears on the Endangered Species List, fish or wildlife imported from Mexico or Canada by an individual as game or a game trophy lawfully taken in Mexico or Canada, may enter the United States at any port of entry.

(2) Such entry must be accompanied by Customs Form 3315, Declaration for Free Entry of Game Animals or Birds Killed by United States Residents.

(f) Except for any species or subspecies which appears on the Endangered Species List, fish or wildlife products which are transported accompanied or unaccompanied as personal effects or as part of household effects, including game trophies transported as part of household effects but excluding any other game or game trophies, may enter the United States at any customs port of entry.

(g) Any person who has obtained the prior approval of the Secretary may import scientific specimens, except specimens of species or subspecies which appear on the Endan

gered Species List, at any customs port of entry. Approval may be obtained by applying to the Director, Bureau of Sport Fisheries and Wildlife, United States Department of the Interior, Washington, D.C. 20240. The application shall contain the following information:

(1) Name, address, and institutional affiliations of the applicant;

(ii) General description of types of specimens normally imported or received, along with documentation of such importation or receipt;

(iii) Complete description of purposes or uses of such scientific specimens;

(iv) Any other information deemed necessary by the Director;

(v) A certification in the following language: "I hereby certify that the foregoing information is complete and accurate, to the best of my knowledge and belief. I understand that this information is submitted for the purpose of obtaining an exemption from the requirements of the Endangered Species Conservation Act of 1969 (83 Stat. 275), and that any false statement hereon may be subject to the criminal penalties of 18 U.S.C. 1001.";

(vi) Signature of the applicant;

(h) Nothing in this subsection shall be construed as allowing the transportation of migratory birds and game mammals or fish to and from Canada or Mexico in any way contrary to the provisions of Parts 10, 13, and 15 of this chapter.

3. Exception by permit. (a) Any person may apply for a permit to import fish or wildlife at any non-designated port. The application must be dated and in writing, and should be submitted to the Regional Director of the Bureau of Sport Fisheries and Wildlife (see Appendix C) at least 10 days prior to entry. It shall contain the following:

(1) The name and address of the applicant; (ii) Designation of the item or items to be entered, including species or subspecies, number, method of shipment, and description, such as "tanned hides;"

(iii) Purpose of the importation;
(iv) Intended port of entry;

(v) A statement of the reasons why importation should be allowed at the requested port of entry rather than at a designated port, including appropriate documentation or affidavits;

(vi) If the permit is being requested for a series of importations over a period of time, include a detailed narrative statement of the circumstances, along with documentary evidence showing a previous pattern of such importation for at least one year, or other documentary evidence as required by the circumstances;

(vii) A certification in the following language: "I hereby certify that the foregoing information is complete and accurate, to the best of my knowledge and belief. I understand that this information is submitted for

Hawaiian goose (nene)-Branta sandvicensis.

Aleutian Canada goose-Branta canadensis leucopareia.

Laysan duck-Anas laysanensis.

Hawaiian duck (koloa)—Anas wyvilliana.
Mexican duck-Anas diazi.

Brown pelican-Pelecanus occidentalis.
California condor-Gymnogyps californianus.
Florida everglade kite (snail kite)-Rostrha-
mus sociabilis plumbeus.

Hawaiian hawk (io)-Buteo solitarius. Southern bald eagle-Haliaetus leucocephalus leucocephalus.

American peregrine falcon-Falco peregrinus anatum.

Arctic peregrine falcon-Falco peregrinus tundrius.

Attwater's greater prairie chicken-Tympanuchus cupido attwateri.

Masked bobwhite-Colinus virginianus ridgwayi.

Whooping crane-Grus americana.

Yuma clapper rail-Rallus longirostris yumanensis.

California clapper rail-Rallus longirostris obsoletus.

Light-footed clapper rail-Rallus longirostris levipes.

Hawaiian gallinule-Gallinula

sandvicensis.

chloropus.

Hawaiian coot-Fulica americana alai.
Eskimo curlew-Numenius borealis.
Hawaiian stilt-Himantopus himantopus
knudseni.

Puerto Rican plain pigeon.-Columba inornata wetmorei.

Puerto Rican parrot-Amazona vittata. Ivory-billed woodpecker-Campephilus principalis.

Red-cockaded woodpecker-Dendrocopus borealis.

Hawaiian crow (alala)-Corvus tropicus. Small Kaual thrush (puaiohi)-Phaeornis palmeri.

Large Kauai thrush-Phaeornis obscurus myadestina.

Molokai thrush (olomau)-Phaeornis obscurus ruttra.

Nilhoa millerbird-Acrocephalus kingi.
Kauai oo (oo aa)-Moho braccatus.
Crested honeycreeper (akohekohe)—Pal-
meria dolei.

Hawaii akepa (akepa)-Loxops coccinea coccinea.

Pecos gambusia-Gambusia nobolis. Unarmored threespine stickleback-Gasterosterus aculeatus williamsoni.

Gila topminnow-Poeciliopsis occidentalis. Fountain darter-Etheostoma fonticola. Watercress darter-Etheostoma nuchale. Maryland darter-Etheostoma sellare. Blue pike-Stizostedion vitreum glaucum. [35 F.R. 16047, Oct. 13, 1970]

AUTHORITY: The provisions of this Part 25 issued under sec. 2, 33 Stat. 614, as amended, sec. 5, 43 Stat. 651, secs. 5, 10, 45 Stat. 449, 1224, secs. 4, 2, 48 Stat. 402, as amended, 451, as amended, 1270, sec. 4, 76 Stat. 654; 5 U.S.C. 301, 16 U.S.C. 685, 725, 690d, 7151, 664, 718d, 43 U.S.C. 315a, 16 U.S.C. 460k; 80 Stat. 926. SOURCE: The provisions of this Part 25 appear at 31 F.R. 16021, Dec. 15, 1966, unless otherwise noted.

As used in the rules and regulations in this subchapter:

"National Wildlife Refuge System" means all lands, waters, and interests therein administered by the Bureau of Sport Fisheries and Wildlife as national wildlife refuges, wildlife ranges, game ranges, wildlife management areas, waterfowl production areas, and areas for the protection and conservation of fish and wildlife, that are threatened with extinction.

"Wildlife refuge area" means any area of the National Wildlife Refuge System except wildlife management areas.

"Wildlife management areas" (sometimes referred to as coordination areas) means any area of acquired land or public land withdrawn by the Bureau of Sport Fisheries and Wildlife and made available to the various States, or instrumentatilities thereof, by cooperative agreement for management of wildlife resources in accordance with the Act of March 10, 1934 (48 Stat. 401), as amended.

"Wildlife range" means any area of public land administered by the Bureau of Sport Fisheries and Wildlife for the protection and management of wildlife resources under the terms of an Executive or Public Land Order establishing a specific area.

"Game range" means any area of public land administered jointly by the Bureau of Sport Fisheries and Wildlife and the Bureau of Land Management for the protection and management of wildlife resources and for the grazing of domestic livestock under the terms of an Execu

tive or Public Land Order establishing a specific area.

"Waterfowl production area" means any small wetland or pothole area acquired pursuant to section 4(c) of the amended Migratory Bird Hunting Stamp Act (72 Stat. 487; 16 U.S.C. 718b), owned or controlled by the United States and administered by the Bureau of Sport Fisheries and Wildlife as a part of the National Wildlife Refuge System.

"Big game" means large game mammals, including moose, elk, caribou, reindeer, musk ox, deer, big horn sheep, mountain goat, pronghorn, bear, wild hogs, and peccary.

"Migratory bird" means and refers to those species of birds listed under § 1.11 of this chapter.

[36 F.R. 17997, Sept. 9, 1971]

All wildlife refuge areas are maintained for the fundamental purpose of developing a national program of wildlife conservation and rehabilitation. These areas are dedicated to wildlife found thereon and for the restoration, preservation, development and management of wildlife habitat; for the protection and preservation of endangered or rare wildlife and their associated habitat; and for the management of wildlife, in order to obtain maximum production for perpetuation, distribution, dispersal, and utilization. This subchapter effectuates these primary objectives in accordance with the obligations of the United States under the treaties with Great Britain and the United Mexican States, and allows public enjoyment of wildlife refuge areas consistent with these objectives.