Humane and Healthful Transport of Wild Mammals, Birds, Reptiles and Amphibians to the United States

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

RIN 1018-AD98

Humane and Healthful Transport of Wild Mammals, Birds, Reptiles

and Amphibians to the United States

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish & Wildlife Service proposes to make an amendment

to regulations published in 50 CFR part 14, pertaining to the humane

and healthful transport of wild mammals and birds to the United States.

This proposed rule extends the regulations pertaining to the humane and

healthful transport of wild mammals and birds to the United States to

include reptiles and amphibians. These regulations enable the Secretary

of the Interior to meet responsibilities designated by the Lacey Act

Amendments of 1981 (Pub. L. 87-79, 95 Stat. 1073), enacted on November

16, 1981. The purpose of this rule is to ensure the Lacey Act

Amendments' consistency and enforceability extend across all species,

as described by Congress.

[[Page 31045]]

DATES: Comments must be submitted on or before September 4, 1997.

ADDRESSES: Director, U.S. Fish and Wildlife Service, c/o Office of

Management Authority either by mail 4401 N. Fairfax Drive, Room 430,

Arlington, VA 22203 or by fax (703) 358-2280 or by e-mail to

R9OMA__CITES @mail.fws.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Stansell, Chief, Office of

Management Authority, U.S. Fish and Wildlife Service, telephone (703)

358-2093, fax (703) 358-2280.

SUPPLEMENTARY INFORMATION: The Service recognizes three justifications

for amending 50 CFR 14 subpart J. First, the Lacey Act Amendments of

1981 prohibit the transportation of all classes of species into the

United States under inhumane or unhealthful conditions, and require

that the United States Government promulgate regulations governing the

transportation of wildlife. On June 17, 1992, the Service finalized (57

FR 27094) the rules contained in 50 CFR part 14 subpart J, establishing

rules for the humane and healthful transport of wild mammals and birds

to the United States. Subpart J included rules for mammals and birds

only, because at the time the Service determined these classes of

species to be priorities for two reasons: (a) evidence demonstrated

they exhibited the greatest need for more humane and healthful

transportation and (b) they represented a high volume of wildlife trade

into the United States.

To more fully comply with the amendments of the Lacey Act, which

requires the healthful and humane transport of all animals and the

promulgation of regulations necessary to that end, the Service proposes

to extend 50 CFR part 14 subpart J to include rules for the transport

of reptiles and amphibians. Furthermore, many reptiles and amphibians

are species included in the Appendices of the Convention on

International Trade in Endangered Species of Wild Fauna and Flora

(CITES). It is a CITES requirement that all CITES-listed species are

packed and shipped in accordance with the International Air Transport

Association (IATA) Live Animals Regulations. Therefore, the proposed

rule would place these internationally accepted standards into the Code

of Federal Regulations for reptiles and amphibians.

The Service's second justification for the proposed amendment to

the rule is the need to protect the well-being of reptiles and

amphibians during transport. The Service possesses substantial evidence

showing that current practices of some shippers for transporting

reptiles and amphibians are detrimental to the animals. The Service

currently enforces the Lacey Act Amendments' basic prohibition of the

inhumane or unhealthful transportation of reptiles and amphibians.

However, proving that transportation is inhumane or unhealthful is

difficult absent grossly inhumane or unhealthful conditions that result

in high mortality. The proposed amendment would respond to this problem

by providing the Service's Law Enforcement Division with the authority

to cite shippers for failure to comply with specific regulatory

requirements even where, by chance, high mortality has not resulted.

This additional authority will help the Service ensure increased

compliance with humane and healthful shipping standards, and thus

eliminate mortality and injury for transported reptiles and amphibians.

Finally, the proposed rule to 50 CFR part 14 subpart J enables the

Service to process the high and increasing volume of reptiles and

amphibians entering the United States. Specifically, the regulation

equips the Service with rules which address the particular biological

requirements of reptiles and amphibians, and enable the Service to

respond better to the problems associated with transporting these

species.

Throughout the proposed rule, the Service uses the word ``wild,''

usually in the context of describing ``wild animals.'' The Service does

not consider whether an animal is born in the wild or in captivity to

be germane to the issue of its being a wildlife species. The Service

considers habituated or tame captive individuals of otherwise wild

species to be wildlife. The Service notes that, as per 50 CFR 14.52, a

Service officer must clear all wildlife transported into the United

States. This Subpart J applies to all mammals, birds, reptiles, and

amphibians that require Service clearance. The Service also notes that

``wild'' is the same as ``fish or wildlife'', as defined in both 50 CFR

10.12 and 18 U.S.C. 42(a)(2). Therefore, ``wild'' is defined as ``the

same as fish or wildlife, as defined in Section 10.12.''

The rule augments 50 CFR part 14 subpart J with fifteen sections:

three each for four separate groupings of reptiles species and for one

grouping of amphibians. The Service utilized the same system of

taxonomic classification for grouping the species as that used by IATA

in its Live Animals Regulations, 23rd edition. These regulations serve

as the international industry standards for ensuring the humane and

healthful shipment of live animals. The Service recognizes that IATA

annually revises its Live Animals Regulations and that CITES holds

shippers and carriers legally accountable for complying with the most

current set of IATA regulations. Similarly, the Service will require

shippers and carriers to comply with those changes insomuch as the

proposed rule refers to or incorporates IATA Live Animals Regulations

in any of its regulations.

In establishing the species groupings the Service mirrored IATA in

differentiating between the first two groupings of species by the size

of the transported animal. If the animal's exact size places it on the

borderline between the two groupings, the Service encourages shippers

to use their discretion and professional judgement in deciding which

grouping's transportation rules to follow, based on the needs of the

animal(s) being transported.

The Service also acknowledges that the IATA system of listing and

naming species is inconsistent with that of CITES, for which only the

species' scientific name is official, for listing purposes.

Nevertheless, the Service chose to use IATA's system of naming animal

species, a combination of common English and scientific names, for two

reasons. First, shippers transport both CITES-listed and non-CITES

listed species. Second, the Service wanted the proposed rule to be as

consistent as possible with the IATA regulations, the international

industry standards, for the convenience of shippers and carriers.

For the same reason, the Service proposes to adapt the IATA Live

Animals Regulations' container requirements, preparations before

dispatch, feeding and watering guide, and general care and loading

specifications outlined for each of the species groupings, when

possible. However, the Service enhanced some of the IATA regulations

where it felt doing so would improve animal health and survival. For

example, the Service proposes to require shippers to use stronger, more

durable construction materials than the IATA regulations for some

species groupings. For this reason, the Service decided not to allow

for uniform construction material requirements for all species

groupings, despite the similarity between each species groupings'

particular requirements. In contrast, the Service has also relaxed some

of the IATA regulations. For example, Section 14.181 limits the number

of small Squamata, small Crocodylia or Rhynchocephalia to five

specimens per bag, while IATA Container Requirement #41, for similar

species, recommends one specimen per bag. The Service notes that full

compliance with IATA

[[Page 31046]]

regulations may nevertheless be required by, for instance, relevant

CITES permits.

The Service's proposed revisions to 50 CFR part 14 subpart J fall

into two categories. The first category includes minor revisions made

to sentences in the paragraphs of sections dealing with the general

issues of transporting all live animal species. Generally, this

category's revisions consist of adding the words ``reptiles and

amphibians'' into a sentence. However, some of the revisions include

important general statements describing rules for the humane and

healthful transport of all reptile and amphibian species. In a few

instances, the Service recognized that these rules could and should

apply to mammals and birds as well and made the revisions accordingly.

Throughout these sections, the Service use the word ``animal'' instead

of having to reference each of the animal classes: mammal, bird,

reptile or amphibian. The Service intends for the reader to understand

that it refers to any and all of these classes of animals. Sections

14.101 through 14.112 contain revisions of this first category.

For example, the proposed rule includes reptiles and amphibians in

the regulations in Section 14.105 paragraphs (a) and (b), requiring

veterinary certificates for all animals entering the United States. The

Service does not expect a veterinarian from the initial exporting

country to inspect each individual animal singly in the case of high-

volume shipments. However, the Service expects a government-certified

veterinarian to use professional judgment in deciding how to take a

sample of the animals in a shipment to determine their health status

before they are exported to the United States.

Another change in this section pertains to the transport of sick

animals. The Service included language in Section 14.105(c) which

prohibits the entry of any animal that has visible external parasites,

such as ticks, mites, or leeches. These parasites may harbor zoonotic

diseases that constitute a public health hazard. The Service extended

this regulation to include mammals, birds, reptiles and amphibians.

Section 14.108, paragraphs (c), (d), and (f) prohibit the provision

of food and/or water to reptiles and amphibians during transportation.

The Service acknowledges that under certain thermal conditions and

extended durations of time, these animals do require food and water.

The Service reminds shippers and carriers that those thermal conditions

and extended durations of time represent violations of other

regulations outlined in the proposed rule. In other words, neither the

shipper nor the carrier should ever allow those conditions to arise

that would necessitate providing the animal with food and/or water.

However, the Service recognizes that unforeseen events may arise that

require the shipper or carrier to provide a reptile or amphibian with

food and/or water. In those cases, the shipper shall provide the animal

with sufficient food and uncontaminated water and shall supply the

carrier with specific feeding instructions in a manner consistent with

the regulations outlined in Section 14.108.

Section 14.109 paragraph (b) proposes that the ambient temperature

range for reptiles and amphibians while in the transportation process

be from 21.1 C (70 F) to 26.7 C (80 F). While some reptiles and

amphibians might be able to survive at lower temperatures, many would

not. Therefore, the Service proposes that shippers and carriers

maintain this optimal ambient temperature range to ensure high

survivability rates for all transported reptiles and amphibians. The

Service welcomes any comment on what would constitute a more optimal

ambient temperature range for all reptiles and amphibians.

Paragraph (b)(2) in Section 14.110 outlines guidelines and methods

for pesticide use in the control of insects, ectoparasites, and other

pests. The Service added this paragraph to ensure that neither the

shipper's nor the carrier's pest control protocol harms the transported

animal's health.

The second category of revisions consists of new sections that add

rules applying specifically to one of the five proposed groupings of

reptile and amphibian species. These revisions represent the

incorporation and adaptation of IATA Live Animals Regulations into 50

CFR part 14 for these species. Throughout these sections, the Service

uses the word ``animal'' instead of referring to each of the animals

within that grouping of species. The Service intends for the reader to

understand it refers to any and all of the species within the grouping.

Sections 14.181 through 14.223 contain second category revisions.

Within these sections, some paragraphs only apply to specific

species within the larger groupings. Paragraph (b)(7) of Section 14.181

contains specific guidelines for aquatic snakes. The shipper shall

transport only seasnakes, elephant trunk snakes, tentacled snakes

(Erpeton), and wart snakes (Achrocordus) in damp primary enclosures.

These snakes require aquatic support of their body weight to ensure

higher survival rates during transport. The shipper shall transport all

other aquatic snakes referred to generically as ``watersnakes'' in the

same way as the proposed rule outlines for other snakes in Sections

14.181 and 14.191: warm and dry within a cloth bag.

Several paragraphs--14.182 (b), 14.192 (c), 14.202 (a) and (b), and

14.222 (a)--refer to suitable, non-organic, or sterilized packing

materials within the animal's primary enclosure. The Service added this

language to assist shippers in avoiding inadvertent violations of the

animal and plant health inspection rules of the U.S. Department of

Agriculture (USDA) . The Service recognizes that many container notes

in the IATA Live Animals Regulations recommend packing material such as

brushwood, moss, wood chips, or other organic substances. However, the

USDA explicitly prohibits the entry of such material into the United

States. The Service used the term ``suitable'' in this case in the

recognition of any packing system which the proposed rule failed to

include in its list of acceptable methods but which meet the more

general requirements.

Paragraph (b) of Section 14.192 provides guidelines on sealing the

jaw of crocodilians. The Service has determined that some commercial

tape and most duct tape adhesive are harmful to the thin skin covering

the heads of crocodilians. Therefore, shippers shall only use those

materials specified in the paragraph: surgical or veterinary approved

tape.

In each of the sections pertaining to general care and loading--

Sections 14.183, 14.193, 14.203, 14.213, and 14.223--the Service

explicitly prohibits the shipper from mixing species in a single bag or

compartmentalized container within the primary enclosure. The Service

based its decision on the IATA Live Animals Regulations, which also

explicitly prohibit the mixing of species within the animal's primary

enclosure.

Paragraph (b) in each of these sections discuss ambient temperature

variance. The regulation in these paragraphs requires shippers and

carriers to maintain the animal's optimal ambient temperature range

throughout the transport process. As the previous discussion of Section

14.109 noted, the Service considers any failure to do so as a violation

of the regulations while recognizing that unexpected events may

inadvertently expose the animal to non-optimal ambient temperatures.

Particularly during exposure to cold, the animal may lie dormant for

prolonged periods, and even appear to be dead.

[[Page 31047]]

Therefore, neither the shipper nor the carrier shall presume the

animals to be dead.

The Service also prohibits the use of corrugated cardboard or

corrugated board in constructing a primary enclosure, unless the

shipper uses it to enclose a Styrofoam primary enclosure. The Service

has determined that these materials, when used alone, possess

insufficient strength to comply with either the general construction

guidelines for primary enclosures in Section 14.106 or in the species

grouping specific construction guidelines for primary enclosures in

Sections 14.181, 14.191, 14.201, 14.211, and 14.221.

Another change involves the proposed regulations for transporting

hatchling turtles, or any turtle with a carapace length of less than 10

cm (4 in), outlined in sections 14.211-14.213. Presently, the United

States does not permit the commercial importation of turtles of this

size. Noncommercial imports are limited in number and may require

specific measures to protect the public health (42 CFR 17.52).

Section 14.211 details guidelines for constructing primary

enclosures for transporting these hatchling turtles. The Service

enhanced the IATA Live Animals Regulations container requirement

47 by reducing the number of hatchlings that a

shipper can place in each of the primary enclosure's compartmentalized

containers from 62 to 25. The Service justifies its decision based upon

the need to increase survivorship and to protect the animals' welfare.

Nevertheless, the Service followed the IATA guidelines in the number of

compartmentalized containers per primary enclosure (four).

Sections 14.121 through 14.172 contain no changes whatsoever

because they contain specific rules applicable only to particular

groups of mammal and bird species. The Service chose not to make any

changes to the rules applying to the humane and healthful transport of

wild mammals and birds. Thus, the Service will not consider any

comments made by the public pertaining to mammals and birds at this

time in formulating the final rule but could consider them as a

separate effort by the Service.

Finally, this document contains only those sections of 50 CFR part

14 subpart J in which the proposed rule revises and/or adds words, a

sentence(s), a paragraph(s), or an entire section(s).

Required Determinations

Economic Effect--Executive Order 12866

The Service has concluded that this proposed rule is not a

``significant regulatory action'' in the sense of Executive Order 12866

and was not subject to review by the Office of Management and Budget.

The Service bases its conclusion on the fact that the proposed rule

takes existing industry standards already in practice, strengthens them

for some species for biological reasons, and codifies them into U.S.

Federal regulations.

In those cases where the Service has strengthened industry

standards, it has done so to decrease the expected mortality rate of

the animals. Shippers may experience incremental cost increases from

having to improve the primary enclosures to meet the proposed rule's

specifications. Similarly, shippers may have to produce or purchase

more primary enclosures to comply with the lower number of animals per

primary enclosure that the Service has proposed for certain species.

However, the shipper will capture additional benefits from the

decreased mortality rate which should offset and may even exceed the

additional costs the shipper may incur in either of these scenarios.

Therefore, without available data proving or disproving either its

analysis' assumptions or conclusions, the Service has determined that

the proposed rule will pose no significant additional financial or

economic cost to shippers and carriers.

Moreover, the proposed rule does not include any additional

inspections or fees, so it does not pose any additional cost to

shippers or carriers. Thus, the supply price of engaging in wildlife

trade will remain the same. Similarly, with no additional or

incremental cost for the supplier to pass on to the consumer, the

proposed rule will not raise the price paid for any class of consumer:

wholesalers, retailers, or retail customers. Without any significant

net price, market or competitive effects, the proposed rule probably

will not cause measurable change to any of the accounts in the balance

of payments for either the exporting or importing country. Therefore,

the proposed rule will not have a significant effect at either the

sectoral or macroeconomic level.

The Regulation Flexibility Act

The Service has also certified that these revisions will not have a

significant economic effect on a substantial number of small entities

as described by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

The proposed rule will require all entities to comply with the proposed

regulations, regardless of their size. The above discussion established

that the scientifically determined strengthening of current industry

standards at worst will have no significant or measurable economic

effect and potentially may benefit shippers. Moreover, the Service

expects that the revisions would reduce the burden on small entities by

making requirements clearer, but not more stringent.

Executive Order 12988

The Service has determined that this proposed rule meets the

applicable standards provided in Sections 3(a) and (b) of Executive

Order 12988.

Paperwork Reduction Act

The Service has examined this proposed rule under the Paperwork

Reduction Act of 1995, and found it to contain no information

collection requirements.

List of Subjects in 50 CFR Part 14

Animal welfare, Exports, Fish, Imports, Labeling, Reporting and

recordkeeping requirements, Transportation, Wildlife.

Accordingly, 50 CFR subpart J is proposed to be amended as follows:

PART 14--[AMENDED]

1. The authority citation for part 14 continues to read as follows:

Authority: 18 U.S.C. 42(c); 16 U.S.C. 3371-3378; 16 U.S.C.

1538(d)-(f), 1540(f); 16 U.S.C. 1382; 16 U.S.C. 705, 712; 31 U.S.C.

483(a).

2. The Title of Subpart J is revised and new sections 14.181

through 14.223 are added to the table of contents read as follows:

Subpart J--Standards for the Humane and Healthful Transport of Wild

Mammals, Birds, Reptiles, and Amphibians to the United States

Specifications for Reptiles Group 1 (Small Squamata, Small Crocodylia,

Rhynchocephalia)

Secs.

14.181 Design and construction.

14.182 Preparations before dispatch.

14.183 General care and loading.

Specification for Reptiles Group 2 (Large Crocodylia and Large

Squamata)

14.191 Design and construction.

14.192 Preparations before dispatch.

14.193 General care and loading.

Specification for Reptiles Group 3 (Testudines)

14.201 Design and construction.

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14.202 Preparations before dispatch.

14.203 General care and loading.

Specification for Reptiles Group 4 (Juvenile or Hatchling Turtles)

14.211 Design and construction.

14.212 Preparations before dispatch.

14.213 General care and loading.

Specification for Amphibians (Urodela/Caudata, Anura/Salientia, and

Gymnophiona Apoda)

14.221 Design and construction.

14.222 Preparations before dispatch.

14.223 General care and loading.

3. Section 14.101 is revised to read as follows:

Sec. 14.101 Purposes.

The purpose of this subpart is to prescribe requirements necessary

to ensure that live wild mammals, birds, reptiles, and amphibians

shipped to the United States arrive alive, healthy, and uninjured, and

that transportation of such animals occurs under humane and healthful

conditions. These regulations implement Section 9(d) of the Lacey Act

Amendments of 1981 (18 U.S.C. 42(c)).

4. Section 14.102 is amended by revising the definitions for

Ambient air temperature, Carrier, Communicable disease, Handle, Holding

area, Primary enclosure, and Sanitize, and by adding definitions for

Inner enclosure, Reptiles Group 1, Reptiles Group 2, Reptiles Group 3

and Reptiles Group 4, below to read as follows:

Sec. 14.102 Definitions.

* * * * *

Ambient air temperature means the temperature of the air

surrounding a primary enclosure containing a wild mammal, bird,

reptile, or amphibian.

* * * * *

Carrier means any person operating an airline, railroad, motor

carrier, shipping line, or other enterprise engaged in the business of

transporting any wild mammal, bird, reptile, or amphibian for any

purpose including exhibition and for any person, including itself.

Communicable disease means any contagious, infectious, or

transmissible disease or parasite, either internal or external, of wild

mammals, birds, reptiles, or amphibians.

* * * * *

Handle means feed, house, manipulate, crate, shift, transfer,

immobilize, restrain, treat, or otherwise control the movement or

activities of any wild mammal, bird, reptile, or amphibian.

Holding area means a designated area at or within a terminal

facility that has been specially prepared to provide shelter and other

requirements for wild mammals, birds, reptiles, or amphibians being

transported to the United States and in which such wild mammals, birds,

reptiles, or amphibians are maintained within the specified range of

ambient temperature prior to, during, or following such shipment.

* * * * *

Inner enclosure means, in the case of reptiles and amphibians, any

box, bag, sack, plastic jar, or similar container which may contain

reptiles and amphibians within the primary enclosure.

Primary enclosure means any structure used to restrict a mammal,

bird, reptile or amphibian to a limited amount of space, such as a

cage, box, crate, room, pen, run, stall, pool, or hutch. Primary

enclosure does not mean a subdivision, section or compartmentalized

container within a cage, box, crate, room, pen, run, stall, pool, or

hutch.

* * * * *

Reptiles Group 1 means any of the following reptiles: Crocodilians

under 60 cm (24 in), Lizards under 30 cm (12 in), Snakes under 90 cm

(36 in), or other reptiles (unless otherwise specified).

Reptiles Group 2 means any of the following reptiles: Crocodilians

over 60 cm (24 in), Lizards over 30 cm (12 in), or Snakes over 90 cm

(36 in). Reptiles Group 3 (Order Testudinata) means any of the

following reptiles: Turtle species of carapace length equal to or

greater than 4.5 CM (1.75 in), Marine turtles, Terrapin species, or

Tortoise species.

Reptiles Group 3 (Order Testudinata) means any of the following

reptiles: Turtle species of carapace length equal to or greater than

4.5 CM(1.75in), Marine turtles, Terrapin species, or Tortoise species.

Reptiles Group 4 means any juvenile or hatchling turtles of less

than 4.5 cm (1.75 in) in carapace length.

Sanitize means to make physically clean and, as far as possible,

free of toxic or infectious agents injurious to the health of wild

mammals, birds, reptiles, or amphibians.

* * * * *

5. Section 14.103 is revised to read as follows:

Sec. 14.103 Prohibitions.

Unless the shipper fully satisfies the requirements of this subpart

J and meets all other legal requirements, it is unlawful for any person

to transport to the United States, cause to be transported to the

United States, or allow the transportation to the United States any

live wild mammal, bird, reptile, or amphibian. It shall be unlawful for

any person to import, to transport, or to cause or permit the

transportation to the United States any wild mammal, bird, reptile, or

amphibian under inhumane or unhealthful conditions or in violation of

this subpart J.

6. Section 14.104 is revised to read as follows:

Sec. 14.104 Translations.

Any certificate or document required by this subpart to accompany a

mammal, bird, reptile, or amphibian transported to the United States

and written in a foreign language must be accompanied by an accurate

English translation.

7. Section 14.105 is amended by revising the paragraphs (a),

(b)(1), (c), and (d) to read as follows:

Sec. 14.105 Consignment to carrier.

(a) No carrier shall accept any live wild mammal, bird, reptile, or

amphibian for transport to the United States that a veterinarian

certified as qualified by the national government of the initial

country from which the mammal, bird, reptile, or amphibian is being

exported has not examined within 10 days prior to commencement of

transport to the United States. If the national government of such

country does not certify veterinarians, then the veterinarian must

possess either certification or a license from a local government

authority designated by the national government as authorized to

certify veterinarians.

(b)(1) A certificate of veterinary medical inspection, signed by

the examining veterinarian, stating that the animal has been examined,

is healthy, appears to be free of any communicable disease, and is able

to withstand the normal rigors of transport must accompany the mammal,

bird, reptile, or amphibian; the certificate should include the

veterinarian's license number, certification number, or equivalent. The

carrier shall not accept a mammal in the last third of its pregnancy,

if this is detectable using professionally accepted standards, for

transport to the United States except for medical treatment and unless

the examining veterinarian certifies in writing that she or he has

examined the animal, evaluated the state of pregnancy, and, despite the

medical condition requiring treatment, determined that the animal is

able physically to withstand the normal rigors of transportation to the

United States.

* * * * *

(c) A sick or injured wild mammal, bird, reptile, or amphibian

shall be permitted transport to the United States

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only if the primary purpose of such transport is for needed medical

treatment and upon certification in writing by the examining

veterinarian that the treatment is necessary and the animal is able to

withstand the normal rigors of travel in its present condition. A

veterinary attendant qualified to care for and treat the sick or

injured animal shall accompany it at all times throughout the transport

process and have continuous access to it at all times. This individual

shall be in possession of or have ready access to all medications to be

administered during the transport. Furthermore, no carrier shall accept

any live animals that have visible external parasites, such as ticks,

mites, or leeches.

(d) No carrier shall accept any wild mammal, bird, reptile, or

amphibian for transport to the United States presented by the shipper

less than 1 hour or more than 6 hours prior to the scheduled departure

of the conveyance on which it is to be transported. The carrier shall

notify the crew of the presence of live animal shipments.

8. Section 14.106 is amended by adding paragraph (b)(8); revising

the introductory text; and revising paragraphs (a), (b) introductory

text, (b)(1), (b)(2), (b)(4), (b)(5), (b)(6), (b)(7), (c), (d), (e),

(f), (g), and (h) to read as follows:

Sec. 14.106 Primary enclosures.

No carrier shall accept for transport to the United States any live

wild mammal, bird, reptile, or amphibian in a primary enclosure that

does not conform to the following requirements:

(a) The most current edition of the Container Requirements of the

Live Animals Regulations (LAR) published by the International Air

Transport Association (IATA) shall be complied with by all parties

transporting wild mammals, birds, reptiles, or amphibians to the United

States. The Director of the Federal Register approved incorporation of

LAR by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 51. The

public and all interested parties may obtain copies from IATA, 2000

Peel St., Montreal, Quebec, Canada H3A 2R4. The public and all

interested parties may inspect copies at the U.S. Fish and Wildlife

Service, 4401 N. Fairfax Dr., Arlington, VA 22203 or at the Office of

the Federal Register, 800 N. Capitol St., NW., Suite 700, Washington,

DC. In case of any conflict between IATA and the regulations in this

subpart, this subpart shall govern.

(b) The primary enclosure shall be constructed so that--

(1) The strength of the primary enclosure is sufficient to contain

the mammal, bird, reptile, or amphibian and to withstand the normal

effects of transport;

(2) The interior of the primary enclosure is smooth and free from

any protrusion, projection, or abrasive material that could be

injurious to the mammal, bird, reptile, or amphibian within;

* * * * *

(4) The primary enclosure may be closed and provide secure access

with an animal-proof device designed to prevent accidental opening and

release of the mammal, bird, reptile, or amphibian;

(5) The opening of the primary enclosure will be easily accessible

for either emergency removal or inspection of the mammal, bird,

reptile, or amphibian by authorized personnel while minimizing the risk

of escape of the mammal, bird, reptile, or amphibian;

(6) The primary enclosure will have sufficient openings to ensure

adequate air exchange at all times to meet the respiratory needs of the

bird, mammal, reptile, or amphibian, by providing adequate ventilation

on at least three sides, with the primary enclosures for aquatic

reptile and amphibian species being leakproof and oxygenated to prevent

desiccation, and with ventilation ensured by placing the majority of

the ventilation on the upper part of the primary enclosure, and by

securely attaching meshed openings to the primary container to prevent

possible occlusion of inner ventilation holes by the primary container

when needed.

(7) No dividers or any other material will be placed into the

primary enclosure that may preclude adequate ventilation or create a

multi-layered primary enclosure for the purpose of increasing animal

density within the primary enclosure; and

(8) Any construction materials used will not contain treatment of

any paint, preservative, or other chemical that is injurious or

otherwise harmful to the health or well-being of wild mammals, birds,

reptiles, and amphibians.

(c) Unless the shipper or carrier permanently affixes the primary

enclosure in the conveyance, or the enclosure has an open top for

certain large mammals, the shipper shall fit spacer bars allowing

circulation of air around the primary enclosure to the exterior of the

primary enclosure's top, sides, and base. Spacer bars on a primary

enclosure need extend no more than 15 centimeters (6 inches) from the

surface of the enclosure. Within this 6-inch limit, the spacers on a

primary enclosure containing one animal shall extend a distance equal

to at least 10 percent of the longer dimension of the surface to which

they are attached, and the spacers on a primary enclosure containing

more than one animal shall extend a distance equal to at least 20

percent of the longer dimension of the surface to which they are

attached. For reptiles and amphibians, the primary enclosure shall be

large enough to allow the animal to lie in a natural manner with enough

space so that stacking of animals within the same primary enclosure is

avoidable. The height of the primary enclosure shall permit an air flow

over the animal or its/their container but prevent stacking. The

primary enclosure shall have a clearance of 3 cm (1.2 in) above the

highest point of the animal and 1 cm (.4 in) for frog species of less

than or equal to 1 cm (.4 in) in size. The shipper shall increase this

clearance accordingly for the larger species.

(d) The shipper shall ensure the primary enclosure has adequate

handholds or other devices for lifting by hand or to facilitate lifting

and carrying by machine if the carrier has not permanently affixed it

within the conveyance. The shipper shall make such handholds or other

devices an integral part of the primary enclosure, shall enable them to

be lifted without excessive tipping, and shall design them so that the

person handling the primary enclosure will not come in contact with the

animals contained within.

(e) A primary enclosure shall have a solid, leak-proof bottom or

removable, leak-proof collection tray under a slatted or wire mesh

floor. The shipper shall design and construct a slatted or wire mesh

floor in a manner such that the spaces between the slats or the holes

in the mesh cannot trap the limbs of animals contained within the

primary enclosure. A primary enclosure for mammals shall contain unused

absorbent litter on the solid bottom or in the leak-proof tray in

sufficient quantity to absorb and cover excreta. This litter shall be

safe and nontoxic and shall not resemble food normally consumed by the

mammals. A primary enclosure used to transport marine mammals in water,

in a waterproof enclosure, a sling, or on foam is exempt from the

requirement to contain litter. A primary enclosure used to transport

birds shall not contain litter, unless the examining veterinarian has

specified in writing that litter is medically necessary. For those

amphibians and species of reptiles that require it, the primary

enclosures shall include dampened bedding to provide the

[[Page 31050]]

necessary moisture throughout the transportation period.

(f) If a shipper or carrier previously has used a primary enclosure

to transport or store wild mammals, birds, reptiles or amphibians, the

shipper or carrier shall clean and sanitize the primary enclosure in a

manner that will destroy pathogenic agents and pests injurious to the

health of wild mammals, birds, reptiles, and amphibians before the

primary enclosure can be re-used. No carrier or shipper shall co-mingle

live animal shipments with inanimate cargo during transit.

(g) For a primary enclosure that the shipper has not permanently

affixed in the conveyance, the shipper shall mark in English on the

outside of the top and one or more sides of the primary enclosure, in

letters not less than 2.5 cm (1 in) in height, ``Live Animals'' or

``Wild Animals,'' ``Do Not Tip,'' ``Only Authorized Personnel May Open

Container,'' and other appropriate or required instructions. The

shipper shall also conspicuously mark all primary enclosure sides on

the outside with arrows to indicate the correct upright position of the

primary enclosure. These arrows should extend up the sides of the

primary enclosure so that the point of the arrow is visible and clearly

indicates the top of the primary enclosure. The shipper shall also

correctly label on the outside of the primary enclosure the quantity

and scientific name of the species inside each of the inner enclosures.

(h) The shipper shall securely attach to each primary enclosure

food and water instructions as specified in Sec. 14.108, information

regarding what constitutes obvious signs of stress in the species being

transported, and information about any drugs or medication to be

administered by the accompanying veterinary attendant. Copies of

shipping documents accompanying the shipment shall also be securely

attached to the primary enclosure. The carrier's pouch or manifest

container or the shipper's attendant accompanying the wild mammal,

bird, reptile, or amphibian shall carry the original documents.

* * * * *

9. Section 14.107 is amended by revising paragraphs (a), (c) and

(e) to read as follows:

Sec. 14.107 Conveyance.

(a) The carrier shall design, construct, and maintain the animal

cargo space of a conveyance which it uses to transport wild mammals,

birds, reptiles, or amphibians to the United States in such a way that

ensures the humane and healthful transport of the animals.

* * * * *

(c) Neither the shipper nor the carrier shall place any wild

mammal, bird, reptile, or amphibian in a cargo space of a conveyance

that does not provide sufficient air for it to breathe normally.

Shippers and carriers shall position primary enclosures in a cargo

space in such a manner that each animal within a primary enclosure has

access to sufficient air for normal breathing.

* * * * *

(e) Neither the shipper nor the carrier shall transport a wild

mammal, bird, reptile, or amphibian in a cargo space that contains any

material, substance, or device that may result in inhumane conditions

or injury to the animal's health unless the shipper or carrier take all

reasonable precautions to prevent such conditions or injury.

10. Section 14.108 is amended by revising paragraphs (b), (c), (d),

(e), and (f), and adding paragraph (g) to read as follows:

Sec. 14.108 Food and water.

* * * * *

(b) No carrier shall provide any food or water to reptiles or

amphibians during the duration of the journey, unless specifically

directed to do so in writing by a veterinarian.

(c) A mammal or bird requiring drinking water shall have

uncontaminated water suitable for drinking made available to it at all

times prior to commencement of transport to the United States, during

intermediate stopovers, and upon arrival in the United States, or as

directed by the shipper's written instructions.

(d) A mammal or bird that obtains moisture from fruits or other

food shall be provided such food prior to commencement of transport to

the United States, during stopovers, and upon arrival in the United

States, or as directed by the shipper's written instructions.

(e) During a stopover or while still in the custody of the carrier

after arrival in the United States, the shipper or carrier shall

observe the primary enclosure of the mammal, bird, reptile, or

amphibian in transit no less frequently than once every four hours and

shall provide food and water to mammals and birds according to the

instructions required by paragraph (a) of this section.

(f) Suitable and sufficient food shall be made available to mammals

and birds during transport and to reptiles or amphibians, if

specifically directed to do so in writing by a veterinarian.

(g) Additional requirements for feeding and watering particular

kinds of animals are found below in the specifications for the various

groups.

11. Section 14.109 is revised to read as follows:

Sec. 14.109 Care in transit.

(a) During transportation to the United States, including any

stopovers during transport, the carrier shall visually inspect each

primary enclosure not less than once every 4 hours, or in the case of

air transport, every 4 hours whenever the cargo hold is accessible.

During such inspections, the carrier shall verify that the ambient

temperature is within allowable limits (see Sec. 14.109(b)), that the

journey has not damaged either the primary enclosure, and that the

animals receive adequate ventilation, and that, when transport is by

air, the carrier maintains suitable air pressure to support live

animals within the cargo area (pressure equivalent to a maximum

altitude of 8000 feet). During these observations the carrier shall

also determine whether any birds or mamals are in obvious distress as

described in documents attached to the primary enclosure. The absence

of such a document or the absence of information as to signs of

distress shall not remove this responsibility. The carrier shall

attempt and shall consult the shipper concerning any possible need for

veterinary care if no veterinary attendant is traveling with the

shipment; if the shipper cannot be reached in the case of an emergency,

qualified veterinary care should be provided. A veterinarian or

qualified attendant traveling with the shipment shall be provided

access to the animal.

(b) Unless otherwise specified in this paragraph or in writing by

the examining veterinarian, neither the shipper nor the carrier shall

allow the ambient air temperature in a holding area, transporting

device, conveyance, or terminal facility containing mammals or birds to

fall below 12.8 degrees C (55 degrees F) nor to exceed 26.7 degrees C

(80 degrees F). Either the shipper or the carrier shall provide

auxiliary ventilation when the ambient air temperature is 23.9 degrees

C (75 degrees F) or higher. In the case of penguins and auks, neither

the shipper nor the carrier shall allow the ambient air temperature to

exceed 18.3 degrees C (65 degrees F) at any time, and auxiliary

ventilation shall be provided when the ambient air temperature exceeds

15.6 degrees C (60 degrees F). In the case of polar bears and sea

otters, neither the shipper nor the carrier shall allow the ambient air

temperature to exceed 10 degrees C (50 degrees F). In the case of

reptiles, neither the shipper nor the carrier shall allow the ambient

[[Page 31051]]

temperatures to fall below 21.1 degrees C (70 degrees F) nor to exceed

26.7 degrees C (80 degrees F). In the case of amphibians, neither the

shipper nor the carrier shall allow the ambient temperatures to fall

below 15.6 degrees C (60 degrees F), nor to exceed 21.1 degrees C (70

degrees F).

12. Section 14.110 is amended by revising paragraphs (a), (b)

introductory text, and (b)(2), to read as follows:

Sec. 14.110 Terminal facilities.

(a) Any terminal facility used for wild mammal, bird, reptile, or

amphibian transport in the country of export, stopover countries, or

the United States shall contain a separate animal holding area or

areas. No carrier or shipper shall co-mingle live animal shipments with

inanimate cargo in the designated animal holding area.

(b) A carrier or shipper holding any wild mammals, birds, reptiles,

or amphibians in a terminal facility shall provide the following:

* * * * *

(2) An effective program for the control of insects, ectoparasites,

and pests of mammals, birds, reptiles, or amphibians using the

following methods for the animals: the shipper or carrier shall apply

only non-residual pesticides which are non-toxic to the animals and

apply them only when the animals are not present in the room; the

shipper or carrier shall wash away the pesticide after the application

period elapses; and neither the shipper nor the carrier shall introduce

the animals again until after ventilating the room to be free from

fumes and vapor for 24 hours;

* * * * *

13. Section 14.111 is amended by revising paragraphs (a), (b), (d),

(e), (f) introductory text, (f)(1), (f)(4); and adding (f)(5) to read

as follows:

Sec. 14.111 Handling.

(a) Care shall be exercised to avoid handling the primary enclosure

in a manner likely to cause physical or behavioral trauma or stress to

the wild mammals, birds, reptiles, or amphibians.

(b) Neither the shipper nor the carrier shall drop, tip

excessively, or otherwise mishandle a primary enclosure used to move

any wild mammals, birds, reptiles, or amphibians, nor shall they stack

or place the primary enclosure in a manner that may result in its

falling or being tipped.

* * * * *

(d) The carrier shall accomplish the transport of wild mammals,

birds, reptiles, or amphibians to the United States in the most

expeditious manner, with the fewest stopovers possible, and without

unnecessary delays.

(e) The carrier shall load live wild mammals, birds, reptiles, or

amphibians last and unload them first from a conveyance consistent with

other procedures and requirements of the carrier.

(f) A carrier shall not allow wild mammals, birds, reptiles, or

amphibians to remain for extended periods of time outside a holding

area and shall move them between a holding area and a conveyance as

expeditiously as possible. A carrier or shipper maintaining wild

mammals, birds, reptiles, or amphibians in a holding area, or

transporting them to or from a holding area or between a holding area

and a conveyance, shall provide the following:

(1) Shelter from sunlight, artificial light, cold air, drafts, and/

or heat. When sunlight and/or artificial light is likely to cause

overheating or discomfort, sufficient shade and/or darkness shall be

provided to protect animals from the light or heat.

* * * * *

(4) Shelter from drafts, and/or air conditioners. The shipper and

the carrier shall provide animals protection from drafts.

(5) Protection from harassment. The shipper and the carrier shall

protect animals from disturbances, including, but not limited to,

harassment by humans, other animals, or machinery that makes noise,

emits fumes, heat, or light, or causes vibration.

14. Section 14.112 is revised to read as follows:

Sec. 14.112 Other applicable provisions.

In addition to the provisions of Sec. 14.101 through 14.111, the

shipper and the carrier shall meet the requirements of Sec. 14.121

through 14.223 applicable for particular groups of animals for all

shipments of wild mammals, birds, reptiles, and amphibians covered by

this part.

15. Sections 14.181 through 14.223 are added to read as follows:

Specifications for Reptiles Group 1 (Small Squamata, Small Crocodylia,

and Rhynchocephalia)

Sec. 14.181 Design and construction.

(a) Materials. The shipper shall construct primary enclosures of

hardboard, plywood, plastic and/or wood and inner enclosures of burlap

or cloth bags, fine nylon or similar mesh, expanded polystyrene/

Styrofoam, fiberboard or, fine wire mesh. The Service considers neither

corrugated card board nor corrugated board to be suitable for these

species.

(b) Principles of design. The shipper shall meet the following

principles of design in constructing the primary enclosure in addition

to those outlined in Sec. 14.106.

(1) For a primary enclosure 50 x 50 cm (19.5 x 19.5 in), the

shipper shall pack young alligators, caimans, gavials, and crocodiles

(juveniles) in trays with bedding of damp macrolite or other similar

material. The shipper shall place no more than four trays in a primary

enclosure.

(2) The shipper may carry specimens of small Squamata, small

Crocodylia and Rhyncocephalia with a tail base width of 5 cm (2 in) or

greater without inner bags in the primary enclosures. The shipper may

pack these in trays, but each tray shall have no more than 10 animals.

(3) The shipper shall not use metal in the construction of the

primary enclosures.

(4) The shipper shall use strong plywood or expanded polystyrene/

Styrofoam boxes with adequate ventilation for construction of the

primary enclosures. The shipper shall make ventilation holes smaller

than the size of the animal in the primary enclosure. If the

ventilation holes in the primary enclosure are larger than the animal

enclosed, the shipper shall cover the holes with fine wire mesh

securely attached on the outside of the primary enclosure.

(5) Ventilation holes in the primary enclosure never shall exceed

2.5 cm (1 in) in diameter and the shipper always shall securely cover

them with very fine nylon gauze on the inside of the primary enclosure.

(6) If the shipper uses bags as the inner enclosure, the shipper

must construct the sealed bags of cotton or burlap bags of coarse but

sturdy weave which will allow ventilation and must secure them in the

primary enclosure. Each bag shall carry a label ``POISONOUS'' or ``Non-

poisonous'' as appropriate.

(7) The shipper may place damp absorbent material to maintain

humidity for journeys of longer than 72 hours but the shipper must

never allow such damp material to cool below the required animal

temperature.

(8) The shipper shall place snakes, and small lizards, including

geckos and chameleons, in linen or cotton or burlap bags of coarse but

sturdy weave, such that fresh air may enter the bag but the animal may

not push its way through the bag. In this case, except aquatic snakes,

the shipper need not line the primary enclosure with nylon mesh or

gauze. The shipper shall secure the bags to the primary enclosure

without the

[[Page 31052]]

use of nails or staples or other such devices that rip the bags upon

removal, or place them in small compartmentalized containers to prevent

stacking. The use of bags shall be limited to 5 specimens per 4 litre

volume bag.

(9) The shipper shall pack aquatic snakes in bags which the shipper

thoroughly has dampened for total transportation time of 72 or more

hours. Shippers shall meet the humidity requirements of animals by

using dampened packing materials such as cloth bags, foam rubber, or

damp paper.

(10) The shipper shall transport large snakes, whose length

approaches the maximum for this species grouping (90 cm or 36 in), in

individual durable primary enclosures, and the same principles of

design shall apply.

Sec. 14.182 Preparations before dispatch.

(a) The shipper may pack more than one animal per bag if the

shipper uses bags as the inner enclosure, except for chameleons or if

the species is aggressive. The shipper shall secure the bags by

partitions or compartmentalized containers to prevent stacking and

shifting. The bags must be packed so that they are not stacked nor

placed too close together to prevent the animals movement within the

bag. The shipper shall pack the bags in such a way as to permit air to

circulate around the bags within a primary enclosure.

(b) If the shipper uses a box or plastic container as the inner

enclosure, the shipper shall place suitable non-organic or sterilized

soft material within the inner enclosure to provide small reptiles with

a foothold.

(c) The shipper shall provide chameleons with a system of suitable

non-organic or sterilized perches and shall hydrate the chameleons with

warm fresh water at the time of packing.

(d) The shipper shall pack all small reptiles with plenty of

crumpled paper or foam rubber, but the shipper must take care not to

occlude ventilation.

(e) The shipper shall individually pack venomous reptiles in

transparent mesh bags closed by tieing the bag opening into a knot and

place those bags in styrofoam primary enclosures which the shipper

shall then place within a wooden primary enclosure. The shipper shall

clearly label both of the primary enclosures with ``VENOMOUS'' or

``POISONOUS,'' including the number of enclosed animals, their common

name, scientific name, and antivenin type required to treat bites by

the species, next to the ``LIVE ANIMAL'' and ``THIS WAY UP'' labels.

(f) When transporting venomous reptiles, the importer shall provide

a certificate of affiliation with a physician or medical snake bite

treatment center. Importers shall also have in their immediate

possession a primary dosage amount of antivenin of the appropriate type

for the species they are transporting.

Sec. 14.183 General care and loading.

(a) The shipper shall not mix or combine species with other species

in a single bag or compartment within the primary enclosure.

(b) Temperature. The shipper and the carrier shall maintain an

ambient temperature described in the general requirement in

Sec. 14.109.

(1) If there is the likelihood of extreme temperature variance

during shipment, the shipper shall insulate the primary enclosure with

a outer ventilated polystyrene box. If the temperature is likely to

drop, the shipper shall put warm packs in a sealed bag or bags around

the primary enclosures.

(2) The shipper, carrier, and importer shall take special care to

avoid exposure to extreme temperatures.

Specification for Reptiles Group 2 (Large Crocodylia and Large

Squamata)

Sec. 14.191 Design and construction.

(a) Materials. The shipper shall use wood in the construction of

the primary enclosure.

(b) Principles of design. The shipper must meet the following

principles of design in constructing the primary enclosure in addition

to those outlined in Sec. 14.106.

(1) The shipper may carry animals of these species with a tail base

width of 5 cm (2 in) or greater without inner bags in the primary

enclosures as described in Sec. 14.181. The shipper may pack these in

trays, but each tray shall have no more than 10 animals.

(2) The shipper may pack animals up to 77 cm (30 in) in length in

parallel as small groups in the primary enclosure.

(3) The shipper shall pack animals over 77 cm (30 in) in length

individually in separate primary enclosures.

(4) The shipper shall place reptiles over 77 cm (30 in) in length

separately in strong, heavily-framed and well-padded wooden crate

primary enclosures with dimensions that restrict movement of the

animal.

(5) The shipper shall place ventilation holes at the sides and on

the top of the container to provide adequate ventilation.

(6) The ends of the inside of the primary enclosure shall be smooth

to prevent injury to the animal's head.

(7) If polystyrene containers are used, the shipper shall place

them within a wooden ventilated primary enclosure.

Sec. 14.192 Preparations before dispatch.

(a) Where necessary, the shipper must place suitable sterile, non-

organic material in the primary enclosure.

(b) The shipper shall secure closed the mouths of these animals

with veterinarian's tape or heavy rubber bands, making certain not to

block the nostrils, and blindfold them with a soft material. Large

animals which need sedation shall receive a muscle relaxant under

strict supervision of a veterinarian. The shipper shall place larger

crocodilians (over 180 cm or 6 feet) in primary enclosures constructed

with laminated plywood of a minimum thickness of 1.25 to 2 cm (\1/2\ to

\3/4\ in) with smooth inside walls and joints, with exterior reinforced

frames of wood which the shipper shall screw together rather than nail.

The primary enclosure shall conform to the body size and the shipper

shall pad the primary enclosure to prevent injury or excessive

movement.

(c) When either the shipper or the carrier expect temperature

changes during shipment, the shipper or the carrier shall insulate the

primary enclosure with polystyrene or other suitable insulating

material to prevent temperature changes within the primary enclosure.

Sec. 14.193 General care and loading.

(a) The shipper shall not mix or combine species with other species

in a single bag or compartment within the primary enclosure.

(b) Temperature variance. If there is the likelihood of extreme

temperature variance during shipment, the shipper shall insulate the

primary enclosures with a polystyrene box.

(1) The shipper and the carrier shall maintain an ambient

temperature as described in the general requirements of Sec. 14.109.

(2) The shipper and the carrier shall take special care to avoid

exposure to extreme temperatures. If the shipper expects inappropriate

low temperatures, the shipper shall place chemical heat packs around

the primary enclosures.

(c) Sedation of animals. When shippers use immobilizing drugs for

large crocodilians (over 180 cm or 6 feet in length), they shall

include the drug type and appropriate antidote in the veterinary

documents accompanying the shipment. A qualified veterinary technician,

trained animal care attendant, or licensed veterinarian shall also

accompany the shipment.

[[Page 31053]]

Specification for Reptiles Group 3 (Testudines)

Sec. 14.201 Design and construction.

(a) Materials. The shipper shall only use high density water-

resistant fiberboard, water-resistant hardboard, plywood of a minimum 3

ply, and/or rigid plastics in the construction of the primary

enclosure. The shipper shall not construct primary enclosures out of

corrugated cardboard, corrugated board, or other materials likely to

become damaged during transit.

(b) Principles of design. The shipper shall meet the following

principles of design in constructing the primary enclosure in addition

to the requirements outlined in Sec. 14.106.

(1) The shipper shall use sturdy fiberboard, hardboard, plywood or

rigid plastic boxes with adequate ventilation openings on the sides and

top cover, or baskets with an impervious inner tray as the primary

enclosures. The shipper shall securely fasten fine wire mesh outside

the primary enclosures to screen the ventilation openings which shall

be of a minimum of 1 cm (0.5 in) in diameter.

(2) The primary enclosure shall be shallow so that animals are

unable to clamber on top of one another. The shipper may place padding

in the form of crumpled newspaper, foam rubber, or Styrofoam peanuts

around the animals to prevent shifting and injury from excessive

movement. When the animals are less than 10 cm (4 in) in carapace

length, the shipper shall permit no more than ten (10) individuals per

primary enclosure in order to prevent excessive stacking of the

animals.

(3) For the large animals of greater than 10 cm (4 in) in carapace

length, the shipper shall place no more than 5 individuals in the

primary enclosure.

(4) Certain species are aggressive, and the shipper shall

individually pack them (e.g., snapping turtles of the family

Chelydridae, mud and musk turtles of the family Kinosternidae, big-

headed turtles of the family Platysternidae, and all soft-shelled

turtles of the family Trionychidae).

Sec. 14.202 Preparations before dispatch.

(a) Where necessary, the shipper shall place non-organic or other

suitable material in the box.

(b) The shipper shall pack terrapins and aquatic turtles in damp,

not wet, soft, absorbent bedding of crumpled newspaper, foam rubber, or

other suitable sterilized and non-organic material to minimize injury.

Sec. 14.203 General care and loading.

(a) In cases of more than one animal per shipment, the shipper

shall not mix or combine species with other species in a single primary

enclosure.

(b) The shipper and the carrier shall take special care to avoid

exposure to extreme temperatures. Particularly during cold weather,

these animals lie dormant for prolonged periods and, therefore, neither

the shipper nor the carrier shall presume them to be dead.

(1) On no account shall either the shipper or the carrier induce

unnatural hibernation loading the consignments in thermally controlled

containers.

(2) In extreme temperatures, the shipper shall place the primary

enclosure inside a ventilated polystyrene container which permits air

to circulate around the primary enclosures.

Specification for Reptiles Group 4 (Juvenile or Hatchling Turtles)

Sec. 14.211 Design and construction

(a) Materials. The shipper shall use water-resistant fiberboard,

water-resistant hardboard, plywood, rigid plastics, and/or water-

resistant chip board in the construction of the primary enclosures.

(b) Principles of design. The shipper must meet the following

principles of design in constructing the primary enclosure in addition

to the requirements outlined in Sec. 14.106.

(1) The shipper shall use water-resistant fiberboard, water

resistant hardboard, plywood, or rigid plastic, or chip board boxes

with ventilation openings on the sides, top cover, and dividers (for

the compartmentalized containers) in the primary enclosures. The

shipper shall reinforce the design of the front and back. The shipper

shall affix spacer bars to the top of the primary enclosures to ensure

proper ventilation if carrier stacks several primary enclosures.

(2) The primary enclosure shall be shallow so that the animals are

unable to clamber on top of one another but must be large enough to

allow free movement. This primary enclosure shall not exceed 7.5 cm (3

in) in depth. The shipper shall not load more than 25 individuals in

each compartmentalized container within the primary enclosure. The

shipper shall not load more than 100 individuals per standard primary

enclosure with dimensions of 46 x 46 x 7.5 cm (18 x 18 x 3 in).

Sec. 14.212 Preparations before dispatch.

The shipper shall not band more than 4 primary enclosures together.

Sec. 14.213 General care and loading.

(a) In cases of more than one animal per shipment, the shipper

shall not mix or combine species with other species in a bag or

compartment within the primary enclosure. The shipper shall load only

animals of the same size in the same compartmentalized container or

primary enclosure.

(b) The shipper and the carrier shall take special care to avoid

exposure to extreme temperatures. Particularly during cold weather,

these animals lie dormant for prolonged periods and, therefore, neither

the shipper nor the carrier shall presume them to be dead.

(1) On no account shall either the shipper or the carrier induce

unnatural hibernation by loading the consignments in thermally

controlled containers.

(2) In extreme temperatures the shipper shall place the primary

enclosure inside a ventilated polystyrene container which permits

animals to receive enough air exchange to allow for normal respiration.

Specification for Amphibians (Urodela/Caudata, Anura/Salientia, and

Gymnophiona/Apoda)

Sec. 14.221 Design and construction.

(a) The shipper shall use expanded polystyrene, burlap, cloth, or

clear plastic bags, water resistant chipboard, rigid plastics, water-

resistant fiberboard, and/or water resistant wood in the construction

of the primary enclosures and inner enclosures.

(b) Principles of design. The shipper must meet the following

principles of design in constructing the primary enclosure in addition

to those outlined in Sec. 14.106.

(1) The shipper shall cover air holes with plastic mesh on the

inside of the primary enclosure. The shipper shall make the air holes

to provide adequate ventilation but shall punch them outwardly so that

the animal will not be able to get its snout through the primary

enclosure.

(2) The shipper may carry frogs, toads, and terrestrial salamanders

in a shallow primary enclosure designed to prevent stacking of the

animals, with the bottom lined with damp non-abrasive material.

(3) Large frogs that might jump at the lids of the primary

enclosure and injure themselves require special packing. For these

species, the shipper shall pad the inside of the covers of the primary

enclosures with cotton of fine weave muslin, bubble wrap, or foam

rubber unless the shipper has packed the animals in bags in the primary

enclosure.

(4) In the case of small animals, the shipper may place up to four

animals in the same compartmentalized container of the primary

enclosure, provided that the animals are not toxic or aggressive

[[Page 31054]]

to each other and will not be injured by stacking.

(5) The shipper may carry aquatic species of amphibians (such as

Necturus, Axolotls, Caecilians [Typhlonectes], Pipa and Xenopus) in a

primary enclosure of two double-bagged sealed plastic bags a third full

of water. The shipper shall fill the remainder with oxygen as specified

by International Air Transport Association Live Animals Regulations'

Container Requirements for transporting fish.

Sec. 14.222 Preparations before dispatch.

For those frogs, newts, salamanders, Caecilians, and toad species

which require moisture, the shipper shall pack the animals in primary

enclosures with sponges or balls of crushed blotting paper or foam

rubber chips which the shipper shall moisten with water. The shipper

may also use other dampened suitable material.

Sec. 14.223 General care and loading.

(a) The shipper shall not mix or combine species with other species

in a single bag or compartment within the primary enclosure.

(b) Temperature. The shipper and the carrier shall take special

care to avoid exposure to extreme temperatures, including the use of

insulated shipping boxes. Particularly during cold weather, these

animals lie dormant for prolonged periods and, therefore, neither the

shipper nor the carrier shall presume the animals to be dead.

Dated: May 24, 1997.

Donald J. Barry,

Assistant Secretary, Fish and Wildlife and Parks.

[FR Doc. 97-14552 Filed 6-5-97; 8:45 am]

BILLING CODE 4310-55-P