Permits for Injurious-listed Wildlife International Affairs U.S. Fish & Wildlife Service

October 20, 2017

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

When are permits required for injurious-listed wildlife?

Uh oh, do I need a permit?

Check out our family’s

permit.

All illustrations courtesy Public Domain clipart Meerkat: http://www.clker.com/clipart-meerkat-.html

What happened? • The United States Court of Appeals for the District of Columbia held on April 7, 2017 that the plain language of Title 18 of the Lacey Act (18 U.S.C. § 42(a)(1)) does not prohibit transport of injurious wildlife between States within the continental United States (the contiguous 48 States and Alaska).

• Because of this decision, existing and future injurious wildlife listings no longer result in a statutory prohibition on interstate transport of injurious wildlife between States within the continental United States.

• For details on the court decision, see the online Q&A at:

https://www.fws.gov/injuriouswildlife/pdf_files/USARK_ruling_talking_points_and_Q_A_final%20(1).pdf

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What does this mean? This means that interstate transportation of injurious wildlife between the 49 States within the continental United States is not prohibited by the statute.

All illustrations courtesy Public Domain clipart http://www.clker.com/clipart-united-states-map-with-states-6.html

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

What is the impact on permit requirements? Thus, an injurious-wildlife permit under the Lacey Act is not required to transport injurious species between any of the 49 continental United States (the contiguous 48 states and Alaska).

• However, a permit is still required for import (this includes overland transport between Alaska and the lower 48 States across Canada).

• And, a permit is still required for transport between the jurisdictions listed at Title 18 of the Lacey Act (the contiguous 48 states and Alaska, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, and any possession of the United States). We refer to these as “listed jurisdictions.”

• Conditions on permits issued for import or transport between listed jurisdictions remain in force under the General Permit Procedures at 50 CFR Part 13, and do not expire, so permits are required under 50 CFR Part 13 for transfers of previously permitted specimens or their progeny to facilities not described in the permit application or to new owners.

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What are the listed jurisdictions? The jurisdictions listed at Title 18 of the Lacey Act include the continuous United States, (the contiguous 48 states and Alaska), the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, and any possession of the United States.

Hawaii

District of Columbia Continental United States

According to the U.S. Department of State website, at this time U.S. territories (in addition to Puerto Rico) include: • American Samoa, • Baker Island, • Guam, • Howland Island, Jarvis

Island, Johnston Atoll, Kingman Reef,

• Midway Islands, Navassa Island, Northern Mariana Islands,

• Palmyra Atoll, • U.S. Virgin Islands, and • Wake Island.

Image courtesy of Wikipedia: https://en.wikipedia.org/wiki/Territories_of_the_United_States#/media/File:US_insular_areas.svg

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

Many things are the same:

Permits Can Still be Issued for Import and Transport Between Listed Jurisdictions The U.S. Fish and Wildlife Service may still make an exception to these prohibitions, and following receipt and review of an application, may still issue a permit allowing for the import or transport between listed jurisdictions of injurious-listed wildlife, provided the purposes of the imports or transports are • zoological, • educational, • medical, or • scientific.

Many things are the same: Import of injurious-listed wildlife into the United States is still prohibited. For example, if you want to import an injurious-listed salamander from a lab in Germany to a lab in Ohio, you still need an import permit under the Lacey Act.

Many things are the same: Transport of injurious-listed wildlife between listed jurisdictions is still prohibited. For example, if you want to transport a meerkat between the District of Columbia and Idaho, you still need a transport permit under the Lacey Act.

• Escape of the animals or their progeny must be reported within 24 hours to the Office of Law Enforcement and Division of Management Authority.

• Escape-proof containment as described in the permit application, is required for permitted specimens and for progeny.

• Compliance with 50 CFR 13, 50 CFR 16, and 18 USC 42(a)(3) is part of the permit.

• The permit must be prominently displayed near the cages/ tanks of the authorized specimens.

• Valid for use by permittee named on the permit.

Permits issued for import or transport between listed jurisdictions still include important conditions that do not expire. Conditions on permits for import or transport between listed jurisdictions that were issued before the April 2017 ruling remain valid and in force, and permits issued after the ruling still have these same conditions.

f1

f2

f3…

Double escape-proof containment, as described in the permit application, is still required for permitted specimens, • and for progeny (this includes subsequent generations) • forever!

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What is DOUBLE ESCAPE-PROOF CONTAINMENT?

1

2

• The specimen should be maintained at all times within two levels of containment toreduce loss and prevent escape.

• Multiple specimens of the same species can be contained together if acclimated, theydo not need to be housed separately.*

*For guidance on containment options for imports and air transport please consult the International AirTransport Association (IATA) Live Animals Regulations (LAR) or USFWS Regulations 50 CFR 14.111 and 14.161.

Some examples of double escape-proof containment:

2 1

2 1

1 2

1

2 LAB

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

What has changed? Under our previous interpretation of Title 18 of the Lacey Act (18 U.S.C. § 42(a)(1)), transport between States within the continental United States was also prohibited. The DC Circuit court held that Title 18 of the Lacey Act (18 U.S.C. § 42(a)(1)) does not prohibit transport of injurious wildlife between States within the continental United States (the contiguous 48 States and Alaska).

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For example, previously, if you wanted to transport a native injurious-listed salamander from Virginia to California that had never been permitted for import or transport between listed jurisdictions, and whose ancestors had also never been permitted for import or transport between listed jurisdictions, you needed a permit. This is no longer the case. A permit is no longer needed for that activity. • The Lacey Act doesn’t require a permit for transport within the contiguous 48 States and Alaska. • And, since the specimen and its ancestors were never permitted for import or transport between listed jurisdictions, there are no permit conditions restricting the movement of that specimen.

Similarly, if you wanted to transport an injurious-listed constrictor snake from Florida to Colorado, that had never been permitted for import or transport between listed jurisdictions, and whose ancestors had also never been permitted for import or transport between listed jurisdictions, you needed a permit. This is no longer the case. A permit is no longer needed for that activity. • The Lacey Act doesn’t require a permit for transport within the contiguous 48 States and Alaska. • And, since the specimen and its ancestors were never permitted for import or transport between listed jurisdictions, there are no permit conditions restricting the movement of that specimen.

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

What has changed? Permits that were previously issued for the transport between States within the continental United States are no longer valid. If the specimens or their ancestors were not previously permitted for import or transport between the listed jurisdictions specified in Title 18 of the Lacey Act, those specimens and their progeny are no longer considered permitted.

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

No. Those conditions are no longer valid. If the specimens in question or their ancestors were never previously permitted for import or transport between listed jurisdictions, they are not considered permitted, and conditions such as double escape-proof containment do not apply.

What about the conditions of permits previously issued for transport between States within the continental United States (contiguous 48 States and Alaska)? Are they still in force?

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What if you want to move permitted specimens to a new facility within the contiguous 48 states or Alaska, but not to one of the listed jurisdictions under Title 18 of the Lacey Act? For example, what if you want to move a previously permitted meerkat from Oklahoma to Utah? (Let’s say the great-great grandmother of your meerkat was permitted for import.) Does that transfer still require a new permit?

My great-great grandmother was

permitted for import, so I’m also

a permitted specimen.

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service

Yes. Even though the Lacey Act does not require a permit for transport within the contiguous 48 states and Alaska, permits issued under the Lacey Act for import or transport between listed jurisdictions include important conditions that do not expire, including compliance with the General Permit Procedures at 50 CFR 13.48: “Any person holding a permit...must comply with all conditions of the permit and with all applicable laws and regulations governing the permitted activity.”

• BEFORE you transfer a permitted specimen or progeny to new facilities, apply for a permit.

• The permit authorizing the transfer to a new facility or owner will be issued under 50 CFR Part 13.

Our ancestors were permitted for

import or transport between listed

jurisdictions, so we will ALWAYS need

permits.

U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

What if you acquired the specimens via a now defunct interstate transport permit, and you know the specimens’ ancestors were previously permitted for import or transport between listed jurisdictions? For example, what if your Utah facility acquired meerkats from an Oklahoma zoo, and that permit is now invalid? You know the great-great grandmother of your meerkats was permitted for import, but the permit you obtained to acquire the meerkats is no longer valid. Do you have to get a replacement permit?

Wow, this is getting

complicated!

U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

• Keep the now invalid interstate movement permit in your records.

• Continue to implement the conditions that were carried forward on that interstate movement permit, because you know they carry forward the original conditions from the import permit or the transport between listed jurisdictions permit.

• The original conditions remain in force, and that now invalid interstate movement permit is still your record of lawful transfer.

• When and if you plan to transfer specimens to another facility or another owner, that is the point when you should come to us for a new permit under 50 CFR Part 13.

Our ancestors were permitted for

import or transport between listed

jurisdictions, so we will ALWAYS need

permits.

No. What's important is that you acquired your specimens lawfully, and you are maintaining them lawfully. Until you implement a new action that requires a permit, you don't need to come to us for prior authorization.

U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

What if you don’t know the provenance of a specimen?

Do we need

permits?

What do you mean the records were lost in a flood 10 years ago?

All illustrations courtesy Public Domain clipart http://clipart-library.com/cartoon-pulling-hair-out.html

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

Perform due diligence. Look for evidence that the specimens in question or their ancestors were previously permitted for import or transport between listed jurisdictions.

Hey, you know those meerkats your zoo sold my

zoo 20 years ago? Were they imported or

transported from a listed jurisdiction under a

permit?

Let me look—oh yes, I found the old permit!

We imported that family from a zoo in

Switzerland in 1983. I’ll send you a copy.

Uh oh, do I need a permit?

Check out my permit. I inherited it from my great

grand-mother. She got one when she was imported to

the U.S. from a zoo in Denmark. My

kids and their kids get to use it too.

If you can’t find any evidence that the specimens in question or their ancestors were previously permitted for import or transport between listed jurisdictions, they are not considered permitted, and conditions such as double escape-proof containment do not apply.

If there’s no evidence that your

ancestors were ever permitted for

import or transport between

jurisdictions listed under the Lacey Act,

you don’t need a permit for transport

between States within the

contiguous 48 states and Alaska.

Then I don’t need one for my upcoming

trip from Denver to

Detroit. My registrar looked

high and low and can’t find

any evidence of a permit.

If you can’t find any evidence that the specimens in question or their ancestors were previously permitted for import or transport between listed jurisdictions, they are not considered permitted, and conditions such as double escape-proof containment do not apply.

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

If a specimen or its ancestors has never been permitted for import or transport between listed jurisdictions, double escape-proof containment is not required, and a permit is not required for movement between States within the contiguous 48 States and Alaska.

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

But remember, an injurious-listed species has been deemed “injurious or potentially injurious to the health and welfare of human beings, to the interest of forestry, agriculture, and horticulture, and to the welfare and survival of the wildlife or wildlife resources of the United States” under the Lacey Act. That’s a big deal!

We encourage you to maintain injurious-listed wildlife within double escape-proof containment, even when it’s not required under Federal law.

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

Who applies for a permit to move injurious-listed wildlife, the sender or the recipient?

How does this apply to my situation?

Check out the injurious-listed

wildlife scenarios on the following

slides!

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

Sender: Exporter, in a foreign country

Recipient: Importer, in the United States

• The IMPORTER should submit form 3-200-42, available from https://www.fws.gov/forms/3-200-42.pdf. We will issue the IMPORTER a PERMIT authorizing the import of injurious-listed species under the Lacey Act.

• The IMPORTER should keep a copy of this permit in their permanent

records, and keep good records so that the permitting history of individual animals can be traced.

Injurious- listed specimens

Scenario 1: Import of an injurious-listed species

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Sender: In the United States

Recipient: In another listed jurisdiction

If the movement is BETWEEN LISTED JURISDICTIONS (such as from Utah to D.C.): • The SENDER should submit form 3-200-42. The SENDER should obtain diagrams and

photographs of the RECIPIENT’s facilities to include with the application. • The RECIPIENT does not need to apply for a permit, but should provide diagrams and

photographs of their facilities to the SENDER for use in completing the application form. • We will issue the SENDER a PERMIT authorizing the movement of injurious-listed wildlife. • Both the RECIPIENT and SENDER should keep a copy of the permit in their permanent

records, and keep good records so that the permitting history of individual animals can be traced.

Scenario 2: Movement of injurious-listed wildlife to a listed jurisdiction

Injurious- listed specimens

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Sender: Within the Continental United States

Recipient: Within the Continental United States

If the specimens or their ancestors were previously permitted for 1) import or 2) movement between listed jurisdictions: For movement WITHIN THE CONTINENTAL UNITED STATES:

• The SENDER should submit form 3-200-42. The SENDER should obtain diagrams and photographs of the RECIPIENT’s facilities to include with the application.

• The RECIPIENT does not need to apply for a permit, but should provide diagrams and photographs of their facilities to the SENDER for use in completing the application form.

• We will issue the SENDER a PERMIT transferring responsibility for the conditions that apply to the permitted specimens to the recipient under our General Permit Procedures at 50 CFR Part 13.

• Both the RECIPIENT and SENDER should keep a copy of the permit in their permanent records, and keep good records so that the permitting history of individual animals can be traced.

Scenario 3: Movement within the continental United States (Permitted Specimens)

Permitted Specimens

U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

Sender: Within the Continental United States

Recipient: Within the Continental United States

If the specimens or their ancestors were NOT previously permitted for 1) import or 2) movement between listed jurisdictions: For movement WITHIN THE CONTINENTAL UNITED STATES:

• A PERMIT IS NOT REQUIRED. • Both the sender and the recipient should be sure to keep good records

so that the ownership history of individual animals can be traced. • Remember, overland transport between Alaska and the lower 48 States

across Canada is considered an import, and requires a permit.

Scenario 4: Movement within the continental United States (Not Permitted Specimens)

Injurious- listed specimens

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Law Enforcement Confiscated

Recipient: Doing a favor!

Scenario 5: Law Enforcement Confiscations

We are aware that on occasion zoos and aquariums receive, hold, and sometimes give permanent homes to injurious-listed specimens confiscated by Law Enforcement. • This is an important service provided by the zoo and aquarium community, and we

appreciate it! 1. Obtain documentation from law enforcement showing lawful receipt, such as showing

that the specimen has been “cleansed.” 2. You do not need a permit from our office unless or until you wish to send the specimen

to a listed-jurisdiction. At that time, follow the instructions at scenario 2, above. 3. Be sure to keep good records for receipt and movement of all injurious-listed wildlife.

Confiscated specimens

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Take Home Messages:

• Permits under the Lacey Act are no longer required for interstate transport between States within the contiguous 48 United States and Alaska for injurious-listed wildlife or their progeny. • Permits are still required under the Lacey Act for

• import of injurious-listed wildlife. • transport of injurious-listed wildlife between listed jurisdictions.

• Conditions on permits for import or transport of injurious-listed wildlife do not expire. They apply to the permitted specimens and their progeny forever.

• Permits are required under our General Permit Procedures at 50 CFR Part 13 for specimens previously permitted for import or transport between listed jurisdictions or their progeny for transfer to facilities not described in the permit application or to a new owner.

U.S. Fish and Wildlife Service Roger Smith CC BY-NC 2.0 U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service

Take Home Messages: • Permits previously issued for interstate transport between States within the contiguous 48 states and Alaska for injurious-listed wildlife and their conditions are no longer valid. • Perform due diligence to determine whether a specimen with poor provenance or its ancestors were permitted for import or transport between listed jurisdictions. • Use application form 3-200-42 to apply for a permit to conduct otherwise prohibited activities with injurious-listed wildlife. (Available from http://www.fws.gov/forms/3-200-42.pdf) • As always, check with your State and locality. They may have additional requirements.

Thanks for listening!

Online at: • www.fws.gov/international Email us at: • managementauthority@fws.gov

Call us at: • 1-800-358-2104

For more information: