Federal Legislation

ANIMAL WELFARE ACT (APHIS)

The federal Animal Welfare Act regulates the care, handling and treatment of warm-blooded animals.

SPECIES: Any cat, dog, nonhuman primate, guinea pig, hamster, rabbit, and other warm-blooded animals used for research, teaching, testing, experimentation, exhibition or pets

EXCLUDES:

Birds, rats (Rattus), and mice (Mus) used for research

Horses not for research

Other farm animals for food or fiber

Cold-blooded animals

SECTORS AFFECTED:

Dealers – person who transports, buys, or sells dogs or other animals in commerce for profit AND dogs for hunting, security or breeding

EXCLUDES: Retail pet stores and carriers

INCLUDES: retail pet stores that sell to research facility, exhibitor or dealer

Exhibitors – person who exhibits animals purchased in commerce to the public for compensation

INCLUDES (profit or nonprofit): circus, animal act, zoo, educational exhibit, carnival

EXCLUDES:

retail pet store

common, domesticated household pet owner with non-substantial income from nonprimary source exhibiting animal exclusively in residence

sponsors and participates of State and country fair, livestock show, rodeo, field trial, coursing event, purebred dog and cat show, and other fair or exhibition to advance agricultural arts and sciences

horse and dog races

Carriers - airline, railroad, motor carrier, shipping line, or other enterprise transporting animals for hire

Research Facilities – school, organization, institution or person using live animals in research, tests, or experiments that purchases or transports them in commerce OR receives funds from US department, agency or instrumentality

Intermediate Handlers – person with business that receives custody of animals in connection with transport in commerce

INCLUDES: department, agency, or instrumentality of US, state or local government

EXCLUDES: dealer, research facility, exhibitor, those exempt from dealer/research/exhibitor, auction sale operator, carrier

Retail Pet Stores (exempt from law) – business or residence where buyer, seller and animal are present where buyer can observe animals and purchase them

LIMITED TO: Dog, cat, rabbit, guinea pig, hamster, gerbil, rat, mouse, gopher, chinchilla, domesticated ferret, domesticated farm-type animals, birds, and exempt cold-blooded species

EXCLUDES:

Dogs for hunting, security or breeding

Exhibit or sale of wild, exotic or non-pet warm-blooded animals (except birds)

Sale of warm-blooded animals for research or exhibition (except bird, rat, mouse)

Exhibit of pet animals in separate room from store, outside store or off premises

PERMIT required for dealers and exhibitors of animals along with auction operators.

EXEMPT:

Businesses considered to be de minimis =sales or purchases of animals, dogs, and cats of no more than $500 gross income/year

EXCLUDES: wild or exotic animals

4 or less breeding female pet animals, small exotic or wild mammals, and/or domesticated farm animals AND sells only offspring born or raised on premises for pets or exhibition

EXCLUDES: household resident that collectively has more than 4 breeding females or person maintaining breeding females on premises with more than 4 breeding females or person acting in concert with others that collectively maintain more than 4 breeding females

Sales of less than 25 dogs/cats a year born and raised on premises for research, teaching or testing or to research facility

EXCLUDES: resident in household with collectively more than that or person acting in concert with others that collectively sell more than 25 AND sale of dogs/cats not born on premises for research

Arrangements for or transport of animals solely for breeding, exhibiting in purebred shows, boarding, grooming, or medical treatment

Purchase, sale, transport and negotiation of such for animals used only for food or fiber

8 or less pet animals, small exotic or wild mammals, and/or domesticated farm animals for exhibition

EXCLUDES: person acting in concert with others that collectively maintain more than 8 for exhibition

Purchase for own use or enjoyment if not sold or exhibited

Retail pet stores

PERMITS:

Class A Breeder (dealers that only use animal bred and raised on premises or acquired for enhancing breeding colony)

Class B Dealer (dealers that purchase and/or resell animals)

INCLUDES: broker, auction operator

Do not take control of animals or have animal holding facility

ALLOWS: exhibiting as minor part of business

Class C Exhibitor (show and display of animals to public)

ALLOWS: buying and selling to maintain or add to collection as minor part of business

Has specific requirements covering items like attending veterinarian and program of veterinary care, records, transport, holding, inspections, handling, contingency planning, caging and care

REGISTRATION required for intermediate handlers and carriers along with exhibitors not required to be licensed above.

Must be updated every 3 years

Has specific requirements

REGISTRATION required for research facilities.

EXCLUDES: federal research facility

Has specific requirements covering items like training and instruction for personnel, attending veterinarian and program of veterinary care, records, annual reports, inspections, handling, care, holding, and contingency plans

(7 USC §§ 2131– 2159, 9 CFR Ch. 1, SubCh. A, Parts 1–4)

LACEY ACT AMENDMENTS OF 1981, CAPTIVE WILDLIFE SAFETY ACT, & BIG CAT PUBLIC SAFETY ACT (USFWS)

Big Cat Act (HR 263): Bans possession and breeding of prohibited wildlife species and defines breeding as to facilitate propagation or reproduction (whether intentionally or negligently) or to fail to prevent propagation or reproduction

EXEMPTIONS:

Class C Licensee or federal facility registered with the USDA that exhibits animals which is in good standing that:

Is in good standing

Does NOT allow individual to come into direct physical contact with prohibited wildlife species unless trained professional employee or contractor of the entity or facility or employee in training, a veterinarian or directly supporting conservation programs if the contact is not commercial activity AND “incidental to humane husbandry conducted pursuant to a species-specific, publicly available, peer-edited population management and care plan” that reflects conservation science principles, “incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan”, and promotes animal welfare ensuring frequency of breeding is appropriate

Ensures publicly exhibited lion, tiger, leopard, snow leopard, jaguar, cougar and hybrids are 15’ from the public or with permanent barriers

State college, university, or agency, or state-licensed veterinarian

Wildlife sanctuary that cares for such animals that is:

501(c)(3) nonprofit

Does NOT commercially trade in prohibited wildlife species including offspring, parts and byproducts

Does NOT breed prohibited wildlife species

Does NOT allow direct contact between the public and prohibited wildlife species

Does NOT allow the transportation and display of prohibited wildlife species off-site

Someone who solely expeditiously transports a prohibited wildlife species to an exempted entity

GRANDFATHERED: Those who register the animals with the US Fish & Wildlife Service within 180 days AND do not breed, acquire, or sell any new ones AND do not allow public contact

LIST: Prohibited Wildlife Species =

lion

tiger

leopard

snow leopard

clouded leopard

cheetah

jaguar

cougar

any hybrid of such

PENALTIES: Removes from current civil and criminal penalties and creates own criminal penalty of up to $20,000 and/or imprisonment up to 5 years with each violation a separate offense and declared to be committed in each district taken to

CWSA: BANS import, export, transport, sale, receipt, acquisition, and purchase in interstate or foreign commerce of prohibited wildlife species.

EXEMPT:

USDA or another federal license holder

State college, university or agency; wildlife rehabilitator; veterinarian

501(c)(3) wildlife sanctuary that does NOT commercially trade in or propagate such wildlife or or allow direct public contact with animals

Transport to exempt entity

LIST:

Lion

Tiger

Leopard

Cheetah

Jaguar

Cougar

Hybrid of above

Lacey Act: BANS import, export, transport, sale, receipt, acquisition, and purchase in interstate or foreign commerce of any fish and wildlife in violation of state or foreign law.

EXEMPT:

Magnuson-Stevens Fishery Conservation and Management Act plan

Tuna Conventions Act of 1950 or Atlantic Tunas Convention Act of 1975

Interstate commerce shipment through Indian country

BANS possession of fish and wildlife in US special maritime and territorial jurisdiction in violation of state, foreign or Indian tribal law.

EXEMPT: Tuna Conventions Act of 1950 or Atlantic Tunas Convention Act of 1975

(16 USC 3371-3378; 50 CFR § 14.250-14.255)

LACEY ACT AND INJURIOUS SPECIES (USFWS)

NOTE: Public Health Service Act or Federal Food, Drug, and Cosmetic Act take precedence

BANS import into US and territories and possessions, Puerto Rico, and District of Columbia along with shipment between continental US, District of Columbia, Hawaii, Puerto Rico or US possession of injurious species.

PERMIT (Injurious Wildlife Permit) issued for zoological, educational, medical, or scientific purposes

EXEMPT:

federal agencies

EXCLUDES: bald and golden eagles and migratory birds and eggs regulated under other laws

dead natural-history specimens for museums or scientific collections

EXCLUDES: dead migratory birds, game mammals from Mexico, and bald and golden eagles or their eggs regulated under other laws

domesticated canaries, parrots (psittacine birds), or other designated cage birds

A 2017 court case determined that interstate transport was exempt

LIST (See 50 CFR 16 for official list):

Mammals:

Flying fox or fruit bat (Pteropus)

Mongoose and meerkat (Atilax, Cynictis, Helogale, Herpestes, Ichneumia, Mungos, and Suricata)

European rabbit (Oryctolagus)

Indian wild dog or red dog

Dhole (Cuon)

Multimammate rat or mouse (Mastomys)

Raccoon dog

Brushtail possum

Birds:

Pink starling or rosy pastor

Dioch

Java sparrow

Red-whiskered bul-bul

Fish:

Live walking catfish (Clariidae)

Snakehead (Channidae) including eggs and those listed

Crucian carp (live) and hybrids

Prussian carp (live) and hybrids

Largescale silver carp (live) and hybrids

Silver carp (live) and hybrids

Bighead carp (live) and hybrids

Black carp (live) and hybrids

Eurasian minnow (live) and hybrids

Stone moroko (live) and hybrids

Roach (live) and hybrids

Nile perch (live) and viable eggs and hybrids

Amur sleeper (live) and viable eggs and hybrids

European perch (live) and viable eggs and hybrids

Zander (live) and viable eggs and hybrids

Wels catfish (live) and viable eggs and hybrids

Live or dead uneviscerated salmonid

EXEMPT: direct shipment if certified that lot sampled, virus assays conducted and free of certain disease and disinfected within 24 hours of shipment

Mollusks, Crustaceans:

Live mitten crab (Eriocheir)

Live zebra or quagga mussel (Dreissena) or viable eggs

Common yabby (live) and viable eggs and hybrids

Amphibians:

Salamanders (Chioglossa, Cynops, Euproctus, Hydromantes, Hynobius, Ichthyosaura, Lissotriton, Neurergus, Notophthalmus, Onychodactylus, Paramesotriton, Plethodon, Pleurodeles, Salamandra, Salamandrella, Salamandrina, Siren, Taricha, Triturus, and Tylototriton) including those listed

Reptiles:

Brown tree snake

Indian python

Burmese python

Reticulated python

Northern African python

Southern African python

Yellow anaconda

DeSchauensee's anaconda

Green anaconda

Beni anaconda

LEGAL WITHOUT PERMIT:

Unlisted live wild mammals, live game and nongame birds, reptiles and amphibians for scientific, medical, educational, exhibition, or propagating purposes

EXCLUDES: bald and golden eagles, migratory birds, Family Psittacidae governed by other laws

Need: written declaration to District Director of Customs at port of entry

BANS release except state conservation agency or permit from such

Unlisted live game bird eggs for propagating or scientific collection purposes

BANS import of nongame eggs except dead natural-history specimens

Unlisted live or dead fish, mollusks, crustaceans

Need: written declaration to District Director of Customs at port of entry

(18 USC 42; 50 CFR 16)

LACEY ACT AND ANIMAL ENTERPRISE (USFWS)

BANS travel in interstate or foreign commerce or using mail or facility of interstate or foreign commerce to 1) damage or interfere with operations of animal enterprise and intentionally damage or cause loss of real or personal property (includes animals) used by it or real or personal property of person connected to it, 2) intentionally cause person to fear death or serious bodily injury or to a family member or spouse or intimate partner by using threats, acts of vandalism, property damage, criminal trespass, harassment, or intimidation, or 3) conspire to do so.

EXEMPT: expressive conduct protected by the First Amendment

(18 USC 43)

BALD AND GOLDEN EAGLE PROTECTION ACT (USFWS)

BANS take, possession, sale, purchase, trade, barter, transport, export and import of bald and golden eagles.

EXCEPTIONS:

Take, possession and transport by public museum, scientific society, and zoological park for scientific or exhibition purpose, Indian tribes and protection of wildlife, agricultural or other interests

Take golden eagles to seasonally protect domesticated flocks and herds in a state upon governor request

Golden eagles for falconry

Take limited to depredations on livestock or wildlife

Take of golden eagle nests interfering with resource development or recovery

PERMITS:

Eagle Scientific Collecting Permit

Eagle Exhibition Permit

Eagle Transport - Scientific or Exhibition Permit

Eagle Native American Religion Permit

Eagle Transport - Native American Religious Purposes Permit

Eagle Take Permit - Depredation and Public Health and Safety Permit

Eagle Nest Take Permit

Golden Eagle Nest Take Permit

Eagle Incidental Take Permit

Eagle Incidental Take - Transfer of a permit

Eagle Take - Exempted under ESA

(16 USC 668-668d; 50 CFR 22)

MIGRATORY BIRD TREATY ACT (USFWS)

BANS pursuit, hunt, take, capture, kill, possession, sale, barter, purchase, delivery for shipment, shipment, export, import, delivery for transportation, transport, carrying, receipt for shipment, transportation, carriage, or export of migratory bird, nest, egg, or product.

LIMITED TO: those native to US or territories that were defined in the following conventions:

US and Great Britain for migratory birds in 1916

US and United Mexican States for migratory birds and game mammals in 1936

US and Government of Japan for migratory birds and birds in danger of extinction in 1972

US and Union of Soviet Socialist Republics for migratory birds and environments in 1976

EXCLUDES:

breeding migratory game birds on farms and preserves and sale for food supply

captive-bred mallards marked by 6 weeks of age with removal of right hind toe, pinioning, seamless metal banding or tattoo

other captive-bred migratory waterfowl marked by 6 weeks of age with removal of right hind toe, pinioning, seamless metal banding or tattoo

May acquire or dispose of in US from waterfowl sale and disposal permit or import

EXCLUDES: Muscovy ducks except those on 3/31/10

PERMITS issued:
- Migratory Bird Taxidermist Permit (taxidermy for others)

Migratory Bird Import and Export Permit

Migratory Bird Banding or Marking Permit (capture to band or mark)

Migratory Bird Scientific Collecting Permit (take, transport or possess for science or education)

Migratory Bird Rehabilitation Permit (take, temporarily possess or transport for rehabilitation)

Migratory Bird Depredation Permit

Migratory Bird Depredation/Homeowner Permit

Migratory Bird Special Purpose/Education Permit

Migratory Bird Special Purpose/Salvage Permit

Migratory Bird Special Purpose/Game Bird Propagation Permit

Migratory Bird Special Purpose/Miscellaneous Permit

Waterfowl Sale and Disposal Permit (sell, trade, donate, dispose of captive-bred migratory waterfowl except mallard)

Special Canada Goose Permit (management and control)

Special Double-Crested Cormorant Permit

Raptor Propagation Permit

(16 USC 703-712; 50 CFR 10.13, 21)

MARINE MAMMAL PROTECTION ACT OF 1972 (USFWS)

BANS take and import of marine mammals and products.

PERMIT: Must be reviewed by Marine Mammal Commission and Committee of Scientific Advisors on Marine Mammals

Marine Mammal Public Display Permit

Marine Mammal Scientific Research/Enhancement/Registered Agent or Tannery Permit

EXEMPT:

marine mammal taken by 12/21/72 or product of such mammal

Alaskan resident Indian, Aleut, or Eskimo

self-defense or defense of others

good Samaritans

incidental take by citizens on foreign fishing vessel outside United States exclusive economic zone

national defense

bones, teeth or ivory of dead mammal on beach or land within ¼ mile of ocean if registered

LIST:

Polar bear

Sea otter

Walrus

Dugong

West Indian manatee

Amazonian manatee

West African manatee

Marine otter

BANS:

Take of marine mammals on high seas if subject to US jurisdiction or in waters or lands under US jurisdiction and possession of such mammal
Transport, purchase, sale, and export if mammal in violation OR for any purpose other than public display, scientific research, or enhancing survival

Use of commercial fishery in violation of law to commit a violation listed

Import if pregnant, nursing, less than 8 months old, endangered or threatened, taken from depleted species or stock, or taken in inhumane manner

PERMIT may be issued for depleted or inhumane take if for protection or welfare of animal
Import if taken in violation of this law or taken in another country violating foreign law and products of such mammals or if product is banned at origin location

Take whales during commercial whaling in waters of US jurisdiction

(16 USC 1361-1389; 50 CFR 18)

ENDANGERED SPECIES ACT OF 1973 (USFWS)

NOTE: Marine Mammal Protection Act takes precedence

BANS import, export, take in US or territorial seas, take on high seas; possession, sale, delivery, carry, transport, shipment in violation of import/export/take ban; delivery, receipt, carry, transport, shipment and sale in interstate or foreign commerce; and violating rules regarding endangered and threatened fish and wildlife.

INCLUDES: threatened species in CITES II

EXEMPT:

captive held endangered wildlife on 12/28/73 or date a new species is published in Federal Register

Must demonstrate raptor qualifies

Purpose must NOT be contrary to act and must NOT be held for commercial activity

Captive held threatened wildlife on or before 9/26/19

Take and subsequent import by Indian, Aleut, or Eskimo that is Alaska native or lives in Alaska OR non-native permanent resident of Alaskan native village if for consumption or authentic native articles of handicrafts and clothing

Allows sale of edible portions in native towns for consumption in native towns

Allows sale of non-edible by-products in interstate commerce if made into native articles of handicrafts and clothing

Raptors (Falconiformes or Strigiformes) held on 11/10/78 or progeny that are banded and held under migratory bird permit and identified in annual report

EXCLUDES:
- bald or golden eagle

those returned to wild

Import of threatened species in CITES Appendix II not from foreign commerce or imported for commercial activity under CITES requirements

Personal and household effects need CITES documentation
Take in defense of own life or others; agency/Federal land management agency, National Marine Fisheries Service, State conservation agency; cooperative agreement with USFWS; veterinarian or removal from buildings for migratory birds

Federal and State law enforcement officers

Migratory bird rehabilitation permit for sick, injured, or orphaned

Captive-bred scimitar-horned oryx, addax, and dama gazelle

Must have purpose as management of wildlife or sport hunting to increase or sustain captive number, captive-bred in US, prevent hybridization, maintain genetic diversity, obtain approval for export or foreign commerce, tattoo or other unique identification (reimport), accurate records, sport hunted trophy from raw or tanned parts taken in sports hunting for personal use

Export and interstate commerce of pre-act endangered species part (sperm whale oil or finished scrimshaw product on 12/28/73) if not violating CITES

Antique articles at least 100 years old that are in whole or part endangered or threatened species and enters designated port and was not repaired since 1973

Import of fish and wildlife taken from another country if in route through the US to a legal country, given instructions not to ship through US and circumstances were beyond control, CITES met and NOT for commercial activity

Permission may be issued to business to 1) import and export fish and wildlife OR 2) import or export African elephant ivory

EXEMPT: non-endangered or threatened fish and shellfish imported for consumption OR taken in US waters or high seas for recreation

LIST: See 50 CFR 17.11

REGISTRATION with Division of Management Authority for captive-bred endangered or threatened wildlife if following are met: 1) geographic distribution is NOT in US OR is in US but eligible because there is low demand for wild-caught and wild species are effectively protected from take, 2) purpose is to enhance propagation or survival, 3) no interstate or foreign commerce for commercial activity for non-living wildlife, 4) re-imported has band, tattoo, etc. that was reported at export port

EXEMPT:

bar-tailed pheasant

Elliot's pheasant

Mikado pheasant

brown eared pheasant

white eared pheasant

cheer pheasant

Edward's pheasant
Swinhoe's pheasant

Chinese monal

Palawan peacock pheasant

Turquoise parrot

Scarlet-chested parrot

Laysan duck

white-winged wood duck

Must be to enhance propagation or survival of species, NOT involve interstate or foreign commerce for commercial activity for nonliving wildlife, identified by band, tattoo, etc. reported at export port (reimport), wild-caught is imported for breeding if shown that new bloodlines can only use wild-caught, captive-bred unavailable and wild populations can sustain it (also need import permit), approval for permanent exports, adequate records

PERMIT for scientific purposes or to enhance propagation or survival of endangered species along with incidental take.

PERMIT for economic hardship created by contracts issued before adding endangered species.

PERMIT for threatened species issued for scientific or educational or special purposes, enhancement of propagation or survival, economic hardship, zoological exhibition.

BANS trade in specimens if in violation of CITES.

EXEMPT: import into US if not endangered species but is CITES II, take and export complies with CITES, granted permission to import/export, file reports, only use designated report, and not imported for commercial activity

(16 USC 1531-1544; 50 CFR 17)

AFRICAN ELEPHANT CONSERVATION ACT (USFWS)

NOTE: Lacey Act Amendments of 1981 and Endangered Species Act take precedence

BANS import of raw and worked ivory.

INCLUDES:

ivory producing country that is NOT party of CITES nor have effective conservation program

intermediary country that does NOT: become party of CITES, follow CITES Ivory Control System, import raw from non-ivory producing country, imports raw or worked from country not part of CITES, import raw or worked from ivory producing country in violation of its laws, substantially increases import from country with moratorium during first 3 months of it, imports from country under moratorium after first 3 months (except if on vessel at time and imported in 6 months)

EXEMPTS: sport-hunted elephant trophy taken in ivory producing country with ivory quota

BANS:

import of raw ivory from country that is NOT an ivory producing country

export of raw ivory from US

import of raw or worked ivory if exported from ivory producing country in violation of those laws or CITES

import of worked ivory from country that does NOT certify it being from legal source

EXCLUDES: personal effects

Import of raw or worked ivory from country with moratorium

(16 USC 4201-4246)

WILD BIRD CONSERVATION ACT (USFWS)

BANS import into US of live or dead exotic bird species, egg or offspring not native to 50 states or District of Columbia that is:

Listed in any Appendix of CITES

EXEMPT:

Approved List of Species

Captive-bred in foreign qualifying facility

Allows Secretary to ban, and remove from List of Approved Species if listed, if determined trade is detrimental, not sufficient information to prove otherwise, remedial measures by Standing Committee of the Convention not followed, and suspension necessary for conservation of species

Not listed in any Appendix of CITES that is listed on prohibited species list

EXEMPT: transport of exotic birds through US to foreign country if CITES followed

From a country on the prohibited country list

EXEMPT: transport of exotic birds through US to foreign country if CITES followed

From a foreign qualifying facility if NOT captive-bred at facility

PERMITS ISSUED:

WCBA Scientific Research

Need description of birds, required documentation for either captive-bred or wild-caught, statement of reason and detailed plan or program, qualifications of personnel and how facility meets standards

WCBA Zoological Breeding or Display

Need description of birds, required documentation for either captive-bred or wild-caught, statement of reason and detailed program, how facility meets standards, history of program

WCBA Cooperative Breeding Program (promote conservation and enhance propagation and survival)

Must be approved

Must be by avicultural, conservation, or zoological organization
Need description of birds, required documentation for either captive-bred or wild-caught, statement of reason and detailed participation in program, relationship of bird to program, statement of attempt to obtain captive-bred from US, how facility meets standards, history of program

Personal Pet Import Permit (pet owner returning to US after being out of country at least 1 year)
- LIMIT: 2 pet birds/year

Need description of birds, statement of reason, documentation of continually living outside US at least 1 year, number pet birds imported last 12 months, origin of bird,

EXEMPT:

domestic poultry

dead sport-hunted birds and museum and scientific specimens

products manufactured from domestic poultry or dead birds above

Phasianidae, Numididae, Cracidae, Meleagrididae, Megapodiidae, Anatidae, Struthionidae, Rheidae, Dromaiinae, and Gruidae

APPROVED LIST: Found in 50 CFR 15.33

(16 USC 4901-4916; 50 CFR 15)

IMPORTATION (APHIS)

BANS import into US of:

Species banned from listed regions

Leopard tortoise, African spurred tortoise and Bell's hingeback tortoise

Brushtail possum or hedgehog from New Zealand

Hedgehog or tenrec from region where foot-and-mouth disease exists

Birds or hatching eggs from region where highly pathogenic avian influenza or Newcastle disease exists OR vaccinated for H5 or H7 avian influenza subtype

EXEMPT: if otherwise allowed

LEGAL WITHOUT PERMIT or other requirements from APHIS is import of pet rodents, rabbits, ferrets, reptiles and amphibians.

MUST follow all CDC or USFWS laws and restrictions

PERMIT (Import or In Transit Permit) required to import listed animals into the United States.

Part 93 has special entry requirements for ratites, poultry, and other birds, horses including zebras, ruminants, bovines, sheep and goats (including wild), swine (including wild), hedgehogs, tenrecs, elephants, hippos, rhinos, tapirs and aquatic species

Different requirements for first-time entry and re-entry and whether they are from Canada, Mexico or another country

(7 USC Ch. 109; 9 CFR Part § 93)

IMPORTATION (CDC)

BANS import of:

Live turtles (Testudinata) with carapace of less than 4” and viable eggs

EXEMPT:

marine species (Dermochelidae and Cheloniidae)

Those not for business if less than 7 turtles or eggs combined

PERMIT for: 7+ turtles and/or eggs for scientific or educational purposes or exhibition

EXCLUDES: eggs of marine species

Must isolate turtles to prevent disease

Must comply with FDA regulations

MAY ALSO NEED: permit for ESA or CITES species

Nonhuman primates – Added 1970s

BANS import to accept, maintain or sell for pets, hobbies or avocation with occasional display to public

REGISTRATION (NHP Importer) allowed for scientific, educational (program at university level or equivalent) or exhibition (public display that meets or exceeds AZA standards) purposes OR import for breeding colonies if all offspring replace breeding animal or for permitted purposes

INCLUDES: animal act, zoo-to-zoo and laboratory-to-laboratory transfers

Requires import through port of entry with HHS/CDC quarantine station or elsewhere with advance written approval, written policy stating primates will be for permitted purposes, worker protection plan/comply with OSHA/immediately contact CDC of worker exposure to zoonotic disease, caging/equipment/transport/quarantine/health reporting requirements, records and more

Rodents native to or obtained from Africa and others prohibited by order that may get monkeypox

EXEMPT:

those with written request and approval

noninfectious products

Animals from designated foreign countries

Viverridae (civet, binturong, genet) – Added under embargo in 2004 due to SARS

EXEMPT:

noninfectious products

those allowed for educational, exhibition or scientific purposes

“Vectors” (animals capable of transferring infectious biological agent to humans)

PERMIT for certain purposes with biosecurity measures

EXEMPT:

Select biological agent under Part 73 if authorized
Diagnostic specimen not suspected to contain or no longer containing infectious biological agent with certification
- EXCLUDES: bats and primates

Animal/product for educational, exhibition or scientific purposes not suspected of or no longer containing infectious biological agent

EXCLUDES: live bats and bat and primate products
Only nucleic acids that cannot produce infectious biological agent with statement
Product approved by Federal Food, Drug, and Cosmetic Act, Public Health Service Act Section 351, Virus-Serum-Toxin Act
Those authorized under turtle, primate or African rodent laws

Permit to Import Live Bats required for bats
- Must be for scientific, educational or exhibition purpose

NOT REGULATED by CDC are fish and small mammals and non-African rodents not covered above or under an embargo.

Uniting A POLITICALLY PROACTIVE Exotic Animal League

Federal Legislation

ANIMAL WELFARE ACT (APHIS)

LACEY ACT AMENDMENTS OF 1981, CAPTIVE WILDLIFE SAFETY ACT, & BIG CAT PUBLIC SAFETY ACT (USFWS)

LACEY ACT AND INJURIOUS SPECIES (USFWS)

LACEY ACT AND ANIMAL ENTERPRISE (USFWS)

DOMESTIC FUR-BEARING ANIMALS (AGRICULTURE)

BALD AND GOLDEN EAGLE PROTECTION ACT (USFWS)

MIGRATORY BIRD TREATY ACT (USFWS)

NORTH PACIFIC FUR SEALS (USFWS)

WILD HORSES AND BURROS (USFWS)

MARINE MAMMAL PROTECTION ACT OF 1972 (USFWS)

ENDANGERED SPECIES ACT OF 1973 (USFWS)

AFRICAN ELEPHANT CONSERVATION ACT (USFWS)

WILD BIRD CONSERVATION ACT (USFWS)

RHINOCEROS AND TIGER CONSERVATION ACT (USFWS)

INTERSTATE TRANSPORT (APHIS)

IMPORTATION (APHIS)

IMPORTATION (CDC)

Uniting A POLITICALLY PROACTIVE Exotic Animal League

Federal Legislation

ANIMAL WELFARE ACT (APHIS)

LACEY ACT AMENDMENTS OF 1981, CAPTIVE WILDLIFE SAFETY ACT, & BIG CAT PUBLIC SAFETY ACT (USFWS)

LACEY ACT AND INJURIOUS SPECIES (USFWS)

LACEY ACT AND ANIMAL ENTERPRISE (USFWS)

DOMESTIC FUR-BEARING ANIMALS (AGRICULTURE)

BALD AND GOLDEN EAGLE PROTECTION ACT (USFWS)

MIGRATORY BIRD TREATY ACT (USFWS)

NORTH PACIFIC FUR SEALS (USFWS)

WILD HORSES AND BURROS (USFWS)

MARINE MAMMAL PROTECTION ACT OF 1972 (USFWS)

ENDANGERED SPECIES ACT OF 1973 (USFWS)

AFRICAN ELEPHANT CONSERVATION ACT (USFWS)

WILD BIRD CONSERVATION ACT (USFWS)

RHINOCEROS AND TIGER CONSERVATION ACT (USFWS)

INTERSTATE TRANSPORT (APHIS)

IMPORTATION (APHIS)

IMPORTATION (CDC)

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