[Code of Federal Regulations]
[Title 50, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR17.4]

[Page 8-9]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                          INTERIOR (CONTINUED)
 
PART 17_ENDANGERED AND THREATENED WILDLIFE AND PLANTS--Table of Contents
 
              Subpart A_Introduction and General Provisions
 
Sec.  17.4  Pre-Act wildlife.

    (a) The prohibitions defined in subparts C and D of this part 17 
shall not apply to any activity involving endangered or threatened 
wildlife which was held in captivity or in a controlled environment on 
December 28, 1973: Provided,
    (1) That the purposes of such holding were not contrary to the 
purposes of the Act; and
    (2) That the wildlife was not held in the course of a commercial 
activity.

    Example 1. On January 25, 1974, a tourist buys a stuffed hawksbill 
turtle (an endangered species listed since June, 1970), in a foreign 
country. On December 28, 1973, the stuffed turtle had been on display 
for sale. The tourist imports the stuffed turtle into the United States 
on January 26, 1974. This is a violation of the Act since the stuffed 
turtle was held for commercial purposes on December 28, 1973.

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    Example 2. On December 27, 1973 (or earlier), a tourist buys a 
leopard skin coat (the leopard has been listed as endangered since March 
1972) for his wife in a foreign country. On January 5, he imports it 
into the United States. He has not committed a violation since on 
December 28, 1973, he was the owner of the coat, for personal purposes, 
and the chain of commerce had ended with the sale on the 27th. Even if 
he did not finish paying for the coat for another year, as long as he 
had possession of it, and he was not going to resell it, but was using 
it for personal purposes, the Act does not apply to that coat.
    Example 3. On or before December 28, 1973, a hunter kills a leopard 
legally in Africa. He has the leopard mounted and imports it into the 
United States in March 1974. The importation is not subject to the Act. 
The hunter has not engaged in a commercial activity, even though he 
bought the services of a guide, outfitters, and a taxidermist to help 
him take, preserve, and import the leopard. This applies even if the 
trophy was in the possession of the taxidermist on December 28, 1973.
    Example 4. On January 15, 1974, a hunter kills a leopard legally in 
Africa. He has the leopard mounted and imports it into the United States 
in June 1974. This importation is a violation of the Act since the 
leopard was not in captivity or a controlled environment on December 28, 
1973.

    (b) Service officers or Customs officers may refuse to clear 
endangered or threatened wildlife for importation into or exportation 
from the United States, pursuant to Sec.  14.53 of this subchapter, 
until the importer or exporter can demonstrate that the exemption 
referred to in this section applies. Exempt status may be established by 
any sufficient evidence, including an affidavit containing the 
following:
    (1) The affiant's name and address;
    (2) Identification of the affiant;
    (3) Identification of the endangered or threatened wildlife which is 
the subject of the affidavit;
    (4) A statement by the affiant that to the best of his knowledge and 
belief, the endangered or threatened wildlife which is the subject of 
the affidavit was in captivity or in a controlled environment on 
December 28, 1973, and was not being held for purposes contrary to the 
Act or in the course of a commercial activity;
    (5) A statement by the affiant in the following language:

    The foregoing is principally based on the attached exhibits which, 
to the best of my knowledge and belief, are complete, true and correct. 
I understand that this affidavit is being submitted for the purpose of 
inducing the Federal Government to recognize an exempt status regarding 
(insert description of wildlife), under the Endangered Species Act of 
1973 (16 U.S.C. 1531-1543), and regulations promulgated thereunder, and 
that any false statements may subject me to the criminal penalties of 18 
U.S.C. 1001.

    (6) As an attachment, records or other available evidence to show:
    (i) That the wildlife in question was being held in captivity or in 
a controlled environment on December 28, 1973;
    (ii) The purpose for which the wildlife was being held; and
    (iii) The nature of such holding (to establish that no commercial 
activity was involved).
    (c) This section applies only to wildlife born on or prior to 
December 28, 1973. It does not apply to the progeny of any such wildlife 
born after December 28, 1973.