USFWS permitting

Scope

Some States and Local governments require different permits or have regulations around species and activities that differ from federal laws that FWS manages. Generally, all wildlife (including parts and products) imported or exported from the United States for any purpose must be declared and cleared at a port authorized by U.S. regulations. USFWS does not issue hunting and fishing licenses. Instead, those are issued by State wildlife agencies.

Permits provide a means to balance use and conservation of protected species. Service permit programs ensure that such activities are carried out in a manner that safeguards wildlife. Additionally, some permits promote conservation efforts by authorizing scientific research, generating data, or allowing wildlife management and rehabilitation activities to go forward.

Permits also facilitate the collection of species-specific trade data. The USFWS can determine trends in trade from the data derived from permits to ensure that trade in wildlife is sustainable. Most of the permits issued are for the import and export of species that are protected by the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES). Several additional laws that protect wildlife can also be relevant.

Key definitions

• Endangered wildlife: Any wildlife listed in 17.11 or 17.12
• 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) between 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.
• Take: To pursue, hunt, 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.)

Regulatory citations

• 50 CFR 17 - Endangered and Threatened Wildlife and Plants
• 50 CFR 15.33 Wild Bird Conservation Act
• 50 CFR 16 – Lacey Act
• 50 CFR 10.13 - Migratory Bird Treaty Act
• 50 CFR 22 - The Bald and Golden Eagle Protection Act

Summary of requirements

Determine the scientific name of your species. What is the species of wildlife or plant? To determine whether these regulations apply to your species of interest, you will first need to determine the scientific name (genus and species), as wildlife protections are designated at the species, or sometimes the subspecies level.

For example, the scientific name of the Sumatran tiger is genus Panthera, species tigris, subspecies sumatrae, or “Panthera tigris sumatrae.” Ask a veterinarian, scientist or qualified appraiser to help you determine what type of wildlife or plant you have. You may also be able to find the scientific name online.

Determine how your species/specimen is protected. Once you know the scientific name of your species of interest determine whether the species is protected under each U.S. or international law. Keep in mind that a species may be listed under multiple laws, so multiple authorizations may be required. If more than one type of permit for an activity is required by multiple regulations, USFWS may be able to issue one consolidated permit authorizing the activity, provided certain criteria are met.

Start by checking the following species lists:

1. CITES - Search by scientific name or common name in the list of CITES Species.
2. Endangered Species Act (ESA) - Visit the U.S. Fish & Wildlife Service’s Endangered Species program website.
3. Marine Mammal Protection Act (MMPA) - The U.S. Fish and Wildlife Service has jurisdiction over the walrus, polar bear, sea otter, marine otter, West African manatee, Amazonian manatee, West Indian manatee, and dugong. All other marine mammals are regulated by the National Oceanic and Atmospheric Administration (NOAA) Fisheries.
4. Wild Bird Conservation Act (WBCA) See the species listed under the Wild Bird Conservation Act in 50 CFR 15.33.
5. Lacey Act - Check the current list of injurious wildlife in 50 CFR 16. Injurious wildlife are species, including offspring and eggs, designated through regulation to be injurious to the health and welfare of humans, the interests of agriculture, horticulture or forestry, and the welfare and survival of wildlife resources of the United States. Also see the Fish and Aquatic Conservation Program’s Injurious Wildlife webpage.
6. Migratory Bird Treaty Act (MBTA) - View the list of MBTA protected birds. In 50 CFR 10.13 7. The Bald and Golden Eagle Protection Act – See 50 CFR 22 for more information

Determine which application you need. Generally, if you seek to conduct import, export, take, or conduct interstate or international commercial activities and your species of interest is protected under domestic or international law but can also be legally traded, the next step is to apply for a permit.