To all EWA members: As you already know by now, the amendment related to the Consolidated Appropriations Act 2014 directing the Secretary of the Interior to reissue the final rule published on September 2, 2005 without regard to any other provision of statute or regulation that applies to issuance of such rule was published and implemented this past week.
Please find a list of important points that are very important for all our producers to keep in mind as you move forward without permits:
1. Persons who wish to engage in the specified otherwise prohibited activities that meet the criteria for enhancement of the propagation or survival of these species may do so without obtaining an individual ESA permit.
2. This rule does not apply to any of the three species from the wild.
3. The rule does not affect provisions relating to importation or possession and other acts with unlawfully taken wildlife.
4. This rule applies only to specimens that are captive bred in the United States.
5. Any person who wishes to engage in any act that is prohibited under the ESA with a specimen that has not been captive bred in the United States or from a facility that does not meet the criteria of this rule will need to obtain a permit under the ESA.
6. Species listed under Appendix I of the Convention on International trade in Endangered Species (CITIES) will still need a permit for these species.
Any person subject to the jurisdiction of the United States may take; export, or reimport, deliver, receive, carry, transport, or ship in interstate or foreign commerce, in the course of a commercial activity; or sell in interstate or foreign commerce live wildlife, including embryos and gametes, and sport hunted trophies of Scimitar Horned Oryx, Addax, and Dama Gazelle provided that person adheres to the following:
A. A person’s activity is associated with the management or transfer of live wildlife, including embryos and gametes, or sport hunting in a manner that contributes to increasing or sustaining captive numbers or to potential reintroduction to range countries.
B. All live specimens held in active breeding operations are managed in a manner that prevents hybridization of the species or subspecies and in a manner that maintains genetic diversity.
C. Any specimen to be re-imported is uniquely identified by a tattoo or other means that is reported on the documentation.
D. Each person claiming the benefit of the exception of the above activities must maintain accurate written records of activities, including births, deaths and transfers of specimens and make these records available for inspection at reasonable hours.
E. The sport hunted trophy consists of raw or tanned parts, such as bones, hair, head ,hide, hooves, horns, meat, skull,rug, taxidermied head, shoulder or full body of a specimen that was taken by a hunter during a sport hunt for personal use. It does not include articles made from the trophy used for commercial purposes.
To read the published rule in its entirety use the following attachment.
