The import, export, or re-export of a wildlife or plant specimen may be regulated by a conservation law or treaty, which is implemented by the U.S. Fish & Wildlife Service (FWS). These laws are part of domestic and international conservation efforts to protect wildlife and plants subject to international trade. The international movement of a specimen that is an antique, pre-Convention, or pre-Act may require a permit (either from the FWS or from the foreign exporting or re-exporting country) or an affidavit as outlined in regulation.
The following definitions apply:
Antique (ESA): Any article that is not less than 100 years of age, is composed in whole or in part of any endangered or threatened species, and has not been repaired or modified with any part of any such species on or after December 28, 1973.
Pre-Act (ESA): Any item that was acquired or held in a controlled environment on or before December 28, 1973, or the date when the species was subsequently listed, provided such holding and any subsequent holding or use was not in the course of a commercial activity (e.g., bought, sold, or offered for sale).
Pre-Act (MMPA): Any item that was taken prior to December 21, 1972.
Pre-Convention (CITES): Any item that was acquired (removed from the wild or born or propagated in a controlled environment) before the date the provisions of CITES first applied to the species.
CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora
ESA: Endangered Species Act
MMPA: Marine Mammal Protection Act
If the activity you want to carry out requires a permit, you must submit an application to the Service. When you apply for a permit (using one of the application forms listed below), you will be asked to certify on the application that you have read and are familiar with the General Permit Procedures regulations (50 CFR part 13), which apply to all permits. A copy of excerpts from 50 CFR part 13 is included in the application package. In addition, you will be asked to certify that you have read and are familiar with all other regulations that implement the specific laws or treaties under which the permit application is being considered. See the table below to access a copy of these other regulations. If the specimen is protected under more than one law or treaty, you must meet the requirements of all.
IMPORT Keyword Requirements Fact Sheet Regulations General Specific Antiques
No ESA permit required; must be accompanied by ESA affidavit (see regulations in the last column) ESA Pre-Act
No ESA permit required; must be accompanied by ESA affidavit (see regulations in the last column) ESA 50 CFR 17.4 Pre-Act
No MMPA permit required; must be accompanied by MMPA affidavit (see regulations in the last column) MMPA 50 CFR 18.14 Pre- Convention (CITES) Needs CITES pre-Convention certificate from exporting/re- exporting country CITES 50 CFR part 23 EXPORT/RE-EXPORT Keyword Requirements Fact Sheet Regulations General Specific Antiques (ESA) (For Asian elephant ivory, see specific fact sheet.) 3-200-23 ESA 50 CFR part 17 Pre-Act (ESA) (For Asian elephant ivory, see specific fact sheet.) 3-200-23 ESA 50 CFR part 17 Pre-Act
3-200-23 MMPA 50 CFR part 18 Pre-Convention (CITES) – Plants, including guitars made of Brazilian rosewood 3-200-32 CITES 50 CFR part 23 Pre-Convention (CITES) – Wildlife 3-200-23 CITES 50 CFR part 23
Visit the website on importers and exporters to find out about ports of entry and exit, declaration forms, and other international travel information. You should contact the foreign country where you are exporting the specimen from or importing into to ensure that you meet any additional requirements it may have. In addition, please contact the State conservation agency, to ensure that you meet its requirements.
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