§17.4. Pre-Act wildlife.
50 C.F.R. § 17.4
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,
That the purposes of such holding were not contrary to the purposes of the Act; and
That the wildlife was not held in the course of a commercial activity.
Service officers or Customs officers may refuse to clear endangered or threatened wildlife for importation into or exportation from the United States, pursuant to § 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:
The affiant's name and address;
Identification of the affiant;
Identification of the endangered or threatened wildlife which is the subject of the affidavit;
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;
A statement by the affiant in the following language—
As an attachment, records or other available evidence to show—
That the wildlife in question was being held in captivity or in a controlled environment on December 28, 1973;
The purpose for which the wildlife was being held; and
The nature of such holding (to establish that no commercial activity was involved).
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.
Notes, amendments, and revision history
Authority
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless otherwise noted.
Source
Source: 40 FR 44415, Sept. 26, 1975, unless otherwise noted.
Source
Source: 40 FR 44415, Sept. 26, 1975, unless otherwise noted. Redesignated at 85 FR 82388, Dec. 18, 2020, and further redesignated at 87 FR 43447, July 21, 2022, and further redesignated at 91 FR 45682, July 21, 2026.
Source
Source: 40 FR 44415, Sept. 26, 1975. Redesignated at 85 FR 82388, Dec. 18, 2020, and further redesignated at 87 FR 43447, July 21, 2022, and further redesignated at 91 FR 45682, July 21, 2026.