§23.40. What are the requirements for a certificate for artificially propagated plants?
50 C.F.R. § 23.40
Purpose. Article VII(5) of the Treaty grants an exemption to plants that are artificially propagated when a Management Authority issues a certificate.
U.S. and foreign general provisions. The following provisions apply to the issuance and acceptance of a certificate for artificially propagated Appendix-I, -II, or -III plants:
The certificate for artificially propagated plants and any subsequent re-export certificate must show the source code as “A” for artificially propagated.
For an Appendix-I specimen that satisfies the requirements of this section, no CITES import permit is required.
U.S. application form. Complete Form 3-200-33 and submit it to the U.S. Management Authority.
Criteria. The criteria in this paragraph (d) apply to the issuance and acceptance of U.S. and foreign certificates. When applying for a U.S. certificate, you must provide sufficient information for us to find that your proposed activity meets all of the following criteria:
U.S. standard conditions. In addition to the conditions in § 23.56, you must meet all of the following conditions:
You may not export or re-export a plant (including its parts, products, or derivatives) under this certificate if the plant was removed from the wild or grown directly from a wild seed or spore, except for plants grown from exempt plant materials that qualify as artificially propagated.
You may not export an Appendix-I species that was propagated for commercial purposes under this certificate, except for hybrids of one or more Appendix-I species or taxa that are not annotated to treat hybrids as Appendix-I specimens. (See § 23.47.)
You may export a native plant under this certificate only when specifically approved for export and listed on the certificate, inventory sheet, or an approved species list.
You may export a specimen under a higher-taxon name only if you identified the taxon in your application and we approved it on this certificate.
Notes, amendments, and revision history
Amendments
[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014]
Authority
Authority: Convention on International Trade in Endangered Species of Wild Fauna and Flora (March 3, 1973), 27 U.S.T. 1087; and Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.
Source
Source: 72 FR 48448, Aug. 23, 2007, unless otherwise noted.
Amendments
[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014]