(7) In the case of wildlife or plants listed in Appendix I to be imported into the United States, (i) a statement of the purposes and details of the activities for which the wildlife or plant is to be imported; (ii) a brief resume of the technical expertise of the applicant or other persons who will care for the wildlife or plant; (iii) the name, address and a description, including diagrams or photographs, of the facility where the wildlife or plant will be maintained; and (iv) a description of all mortalities, in the two years preceding the date of this application, involving any wildlife species covered in the application (or any species of the same genus or family) held by the applicant, including the causes and steps taken to avoid such mortalities; and

(8) Copies of documents, sworn affidavits, or other evidence showing that either (i) the wildlife or plant was acquired prior to the date the Convention applied to it, or (ii) the wildlife or plant was bred in captivity, or artificially propagated, or was part of or derived therefrom, or (iii) the wildlife or plant is an herbarium specimen, other preserved, dried, or embedded museum specimen, or live plant material to be imported, exported, or re-exported as a noncommercial loan, donation, or exchange between scientists or scientific institutions.

(b) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a) of this section, the Director will decide whether or not a permit should be issued. In making his decision, the Director shall consider, in addition to the general criteria in § 13.21(b) of this subchapter, the following factors:

(1) Whether the purpose for which the permit is requested will enhance the survival of the species in the wild; (2) Whether the purpose for which the permit is requested will enhance the propagation of the species;

(3) The opinions or views of scientists or other persons or organizations having expertise concerning the plant or other matters germane to the application; and

(4) Wether the expertise, facilities, or other resources available to the applicant appear adequate to successfully accomplish the objectives stated in the application.

(c) Permit conditions. In addition to the general conditions set forth in Part 13 of this subchapter, every permit issued under this section shall be subject to the following special conditions:

(1) If requested, the permittee shall submit to the Director a written report of the activities authorized by the permit. Such report must be postmarked by the date specified in the permit or otherwise requested by the Director.

(2) A copy of the permit or an identification label, which includes the scientific name, the permit number, and a statement that the plant is of "wild orgin" or "cultivated origin" must accompany the plant or its container during the course of any activity subject to these regulations, unless the specimens meet the special conditions referred to in paragraph (c)(3) of this section.

(3) In the case of plants that are herbarium specimens, or other preserved, dried, or embedded museum specimens to be imported or exported as a noncommercial loan exchange or donation between scientists or scientific institutions, the names and addresses of the consignor and consignee must be on each package or container. A description such as "herbarium specimens" and the code letters assigned by the Service to the scientist or scientific institution must be entered on the Customs declaration form affixed to each package or container. If the specimens are of taxa also regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the letters "CITES" (acronym for the convention) also must be entered on the Customs declaration form as indicated in § 23.15(e)(3) of Part 23 of this subchapter.

(d) Duration of permit. The duration of a permit issued under this section shall be designated on the face of the permit.

[42 FR 32380, June 24, 1977]

Subpart H-[Reserved]

Subpart -Interagency Cooperation

§ 17.95 Critical habitat-fish and wildlife. The following areas (exclusive of those existing manmade structures or settlements which are not necessary to the normal needs or survival of the species) are Critical Habitat for the

INDIANA BAT (Myotis sodalis)

Illinois. The Blackball Mine, La Salle County.

Indiana. Big Wyandotte Cave, Crawford County; Ray's Cave, Greene County.

Kentucky. Bat cave, Carter County; Coach Cave, Edmonson County.

Missouri. Cave 021, Crawford County; Cave 009, Franklin County; Cave 017, Franklin County; Pilot Knob Mine, Iron County; Bat Cave, Shannon County; Cave 029, Washington County (numbers assigned by Division of Ecological Services, U.S. Fish and Wildlife Service, Region 6).

Tennessee. White Oak Blowhole Cave, Blount county.

West Virginia. Hellhole Cave, Pendleton County.

MORRO BAY KANGAROO RAT (Dipodomys heermanni morroensis)

California. An area of land, water, and airspace in San Luis Obispo County, with the following components (Mt. Diablo Meridian): T30S R10E S1⁄2 Sec. 14, those portions of Sec. 23-24 west of Pecho Valley Road.

Little Manatee River downstream from the U.S. Highway 301 bridge, Hillsborough County; the Manatee River downstream from the Lake Manatee Dam, Manatee County; the Myakka River downstream from Myakka River State Park, Sarasota and Charlotte Counties; the Peace River downstream from the Florida State Highway 760 bridge, De Soto and Charlotte Counties; Charlotte Harbor north of the Charlotte-Lee County line, Charlotte County; Caloosahatchee River downstream from the Florida State Highway 31 bridge, Lee County; all U.S. territorial waters adjoining the coast and islands of Lee County; all U.S. territorial waters adjoining the coast and islands and all connected bays, estuaries, and rivers from Gordon's Pass, near Naples, Collier County, southward to and including Whitewater Bay, Monroe County; all waters of Card, Barnes, Blackwater, Little Blackwater, Manatee, and Buttonwood Sounds between Key Largo, Monroe County, and the mainland of Dade County; Biscayne Bay, and all adjoining and connected lakes, rivers, canals, and waterways from the southern tip of Key Biscayne northward to and including Maule Lake, Dade County; all of Lake Worth, from its northernmost point immediately south of the intersection of U.S. Highway 1 and Florida State Highway A1A southward to its southernmost point immediately north of the town of Boynton Beach, Palm Beach County; the Loxahatchee River and its headwaters, Martin and West Palm Beach Counties; that section of the intracoastal waterway from the town of Seawalls Point, Martin County to Jupiter Inlet, Palm Beach County; the entire inland section of water known as the Indian River, from its northernmost point immediately south of the intersection of U.S. Highway 1 and Florida State Highway 3, Volusia County, southward to its southernmost point near the town of Seawalls Point, Martin County, and the entire inland section of water known as the Banana River and all waterways between Indian and Banana Rivers, Brevard County; the St. Johns River including Lake George, and including Blue Springs and Silver Glen Springs from their points of origin to their confluences with the St. Johns River; that section of the Intracoastal Waterway from its confluences with the St. Marys River on the Georgia-Florida border to the Florida State Highway A1A bridge south of Coastal City, Nassau and Duval Counties.

GRAY WOLF

(Canis lupus)

Michigan. Isle Royale National Park. Minnesota. Areas of land, water, and airspace in Beltrami, Cook, Itasca, Koochich

ing, Lake, Lake of the Woods, Roseau, and St. Louis Counties, with boundaries (4th and 5th Principal meridians) identical to those of zones 1, 2, and 3, as delineated in 50 CFR 17.40(d)(1) (b) Birds.

CALIFORNIA CONDOR

(Gymnogyps californianus)

California. Sespe-Piru Condor Area: an area of land, water, and airspace to an elevation of not less than 3,000 feet above the terrain, in Ventura and Los Angeles Counties, with the following components (San Bernardino Meridian): Sespe Condor Sanctuary, as delineated by Public Land Order 695 (January 1951); T4N R20W Sec. 2, 5-10, N1⁄2 Sec. 11; T4N R21W Sec. 1-3, 10-12, N Sec 13, N4 Sec. 14, N4 Sec. 15; T5N R18W Sec. 4-9, 18, 19, 30, 31, N1⁄2 Sec. 3, N1⁄2 Sec. 17; T5N R21W Sec. 1-4, 9-16, 21-28, 33-36; T6N R18W Sec. 7-11, 14-23, 26-35; T6N R19W Sec. 7-36; T6N R20W Sec. 8-36; T6N R21W Sec. 13-36; T6N R22W Sec. 3-26, 35, 36; T6N R23W Sec. 1-3, 10-14, 24, N1⁄2 Sec. 23; T7N R22W Sec. 31; T7N R23W Sec. 3436.

Matilija Condor Area: An area of land, water, and airspace to an elevation of not less than 3,000 feet above the terrain, in Ventura and Santa Barbara Counties, with the following components (San Bernardino Meridian): T5N R24W W1⁄2 Sec. 3, Sec. 4-11, 14, 15, N2 Sec. 16, N4 Sec. 17; T5N R25W E1⁄2 Sec. 1, NE Sec. 12; T51⁄2N R24W Sec. 31-34; T6N R24W S2 Sec. 32, S1⁄2 Sec. 33, S2 Sec. 34.

Sisquoc-San Rafael Condor Area: An area of land, water, and airspace to an elevation of not less than 3,000 feet above the terrain, Santa Barbara County, with the following components (San Bernardino Meridian): T6N R26W Sec. 5, 6; T6N R27W Sec. 1, 2; T7N R26W Sec. 5-8, 17-20, 29-32; T7N R27W Sec. 1-14, 23-26, 35, 36; T7N R28W Sec. 1, 2, 11, 12; T8N R26W Sec. 19-22, 2734; T8N R27W Sec. 19-36.

Mountain-Beartrap

Condor Areas:

Hi Areas of land, water, and airspace to an elevation of not less than 3,000 feet above the terrain in San Luis Obispo County, with the following components (Mt. Diablo Meridian): T30S R16E Sec. 13, 14, 23-26, SE Sec. 11, S2 Sec. 12; T30S R17E Sec. 17-20, 29, 30; T31S R14E Sec. 1, 2, 11, 12, E1⁄2 Sec. 3, E2 Sec. 10, N1⁄2 Sec. 14, N1⁄2 Sec. 13; T31S R15E W2 Sec. 6, W 1⁄2 Sec. 7, NW Sec. 18.

Mt. Pinos Condor Area: An area of land, water, and airspace in Ventura and Kern Counties, with the following components (San Bernardino Meridian): T8N R21W W1⁄2 Sec. 5, Sec. 6 N1⁄2 Sec. 7, NW Sec. 8; T8N R22W Sec. 1, 2, E2 Sec. 3, NE1⁄4 Sec. 10, N2 Sec. 11, N2 Sec. 12; T9N R21W Sec. 31, 32, W1⁄2 Sec. 33; T9N R22W E1⁄2 Sec. 35, Sec. 36. Blue Ridge Condor Area: An area of land, water, and airspace in Tulare County, with

the following components (Mt. Diablo Meridian): T19S R29E Sec. 5-9, 15-22, 27-30.

Tejon Ranch: An area of land, water, and airspace in Kern County, with the following components (San Bernardino Meridian): R16W, T10N, R17W TION, R17W T11N, R18W T9N, R18W T10N, R19W T10N.

Kern County rangelands: An area of land, water, and airspace in Kern County between California State Highway 65 and the western boundary of Sequoia National Forest, with the following components (Mt. Diablo Meridian): R29E T25S, R29E T26S, R30E T25S, R30E T26S.

Tulare County rangelands: An area of land, water, and airspace in Tulare County between California State Highway 65, State Highway 198, and the western boundary of Sequoia National Forest, with the following components (Mt. Diablo Meridian): R28E T18S (all sections); R28E T19S (all sections); R28E T20S (all sections); R28E T21S Sec. 1-18; R29E T20S (all sections); R29E T21S Sec. 1-18.

FLORIDA EVERGLADE KITE (Rostrhamus

sociabilis plumbeus)

Florida. Areas of land (predominantly marsh), water, and airspace, with the following components (Tallahassee Meridian): (1) St. Johns Reservoir, Indian River County: T33S R37E SW1⁄4 Sec. 6, W1⁄2 Sec. 7, Sec. 18, Sec. 19; (2) Cloud Lake Reservoir, St. Lucie County; T34S R38E S1⁄2 Sec. 16, N2 Sec. 21; (3) Strazzulla Reservoir, St. Lucie County: T34S R38E SW1⁄4 Sec. 21; (4) western parts of Lake Okeechobee, Glades and Hendry Counties, extending along the western shore to the east of the levee system and the undiked high ground at Fisheating Creek, and from the Hurricane Gate at Clewiston northward to the mouth of the Kissimmee River, including all the Eleocharis flats of Moonshine Bay, Monkey Box, and Observation Shoal, but excluding the open water north and west of the northern tip of Observation Shoal, north of Monkey Box, and east of Fisheating Bay; (5) Loxahatchee National Wildlife Refuge (Central and Southern Florida Flood Control District Water Conservation Area 1), Palm Beach County, including Refuge Management Compartments A, B, C, and D, and all of the main portion of the Refuge as bounded by Levees L-7, L-39, and L-40; (6) Central and Southern Florida Flood Control District Water Conservation Area 2A, Palm Beach and Broward Counties, as bounded by Levees L-6, L-35B, L-36, L-38, and L-39; (7) Central and Southern Florida Flood Control District Water Conservation Area 2B, Broward County, as bounded by Levees L-35, L-35B, L-36, and L-38; (8) Central and Southern Florida Flood Control District Water Conservation Area 3A, Broward and Dade Counties, as bounded by Florida Highway 84. Levees L-68A, L-67A (north of Miami Canal), L-67C (south of Miami

Canal). L-29, and L-28, and a line along the undiked northerwestern portion of the Area; (9) that portion of Everglades National Park, Dade County, within the following boundary: beginning at the point where the Park boundary meets Florida Highway 94 in T54S R35E Sec. 20, thence eastward and southwest along the Park boundary to the southwest corner of Sec. 31 in T7S R37E, thence southwestward along a straight line to the southwest corner of Sec. 2 in T58S R35E, thence westward along the south sides of Sec. 3, 4, 5, and 6 in T58S R35E to the Dade-Monroe county line, thence northward along the Dade-Monroe county line to the Park boundary, thence eastward and rorthward along the Park boundary to the point of beginning.

AMERICAN PEREGRINE FALCON (Falso peregrinus anatum)

California. Dry Creek Zone: areas of land, water, and airspace in Sonoma County, with the following components (Mt. Diablo Base Meridian): (1) T10N R11W W1⁄2 of SW Sec. 6, W1⁄2 of NW4 Sec. 6, NW of NW Sec. 7; T10N R12W Sec. 1, E2 of NE1⁄4 Sec. 2, SW of NE4 Sec. 2, SE Sec. 2, E2 of SW4 Sec. 2, SE of NW4 Sec. 2, N2 of NE Sec. 11, NE of NW4 Sec. 11, N1⁄2 of NE Sec. 12, N1⁄2 of NW Sec.12; T11N R11W SW4 of SE Sec. 31, S1⁄2 of SW Sec. 31; T11N R12W SE1⁄2 of SE1⁄4 Sec. 36, SE of SW4 Sec. 36; (2) T10N R11W NW of SW4 Sec. 1, W1⁄2 of NW4 Sec. 1, N1⁄2 Sec. 2, N1⁄2 of SE Sec. 2, N2 of SW4 Sec. 2, N2 Sec. 3, N1⁄2 of SE Sec. 3, N1⁄2 of SW Sec. 3, NE Sec. 4, N1⁄2 of SE Sec. 4, NE of SW4 Sec. 4, E1⁄2 of NW Sec. 4; T11N R11W E2 of SE Sec. 33, S2 Sec. 34, S1⁄2 Sec. 35, W1⁄2 of SE Sec. 36, SW4 Sec. 36; (3) T11N R12W S2 Sec. 19, Sec. 30; T11N R13W SE4 Sec. 24, E2 of SW4 Sec. 24, E2 Sec. 25, E1⁄2 of SW Sec. 25, E1⁄2 of NW Sec. 25.

Palisades-Table Rock Zone: an area of land, water, and airspace in Napa County, with the following components (Mt. Diablo Base Meridian): T9N R6W S2 Sec. 5, S2 Sec. 6, Sec. 7, Sec. 8, Sec. 9, Sec. 16, Sec. 17, Sec. 18, Sec. 19, Sec. 20; T9N R7W E1⁄2 Sec. 12, E2 Sec. 13, NE Sec. 24, E2 of SE1⁄4 Sec. 24.

Mount St. Helena Zone: An area of land, water, and airspace in Lake, Napa, and Sonoma counties, with the following components (Mt. Diablo Base Meridian): T9N R7W W1⁄2 of NE1⁄4 Sec. 3, W1⁄2 of SE Sec. 3, W1⁄2 Sec. 3, Sec. 4, E2 Sec. 5, E1⁄2 of SW Sec. 5, E1⁄2 of NW Sec. 5; T10N R7W that portion of Sec. 20 east of Ida Clayton Road, Sec. 21, W1⁄2 of NE Sec. 22, W2 of SE Sec. 22, W2 Sec. 22, W1⁄2 of NE Sec. 27, W1⁄2 of SE1⁄44 Sec. 27, W2 Sec. 27, Sec. 28, that portion of Sec. 29 east of Ida Clayton Road, that portion of the NE4 Sec. 32 east and south of Ida Clayton Road, SE Sec. 32, E1⁄2 of SW4 Sec. 32, that portion of the SE of NW4 Sec. 32 south of the Ida Clayton Road, Sec. 33, W1⁄2 of NE Sec. 34, W2 of SE Sec. 34, W1⁄2 Sec. 34.

CRITICAL HABITAT FOR THE FLORIDA

EVERGLADE KITE

PALILA (Psittirostra bailleui)

Hawaii, An area of land, water, and airspace on the island of Hawaii, Hawaii County, with the following components: (1) The State of Hawaii Mauna Kea Forest Reserve, except (a) that portion above the 10,000 foot contour line, (b) that portion south of the Saddle Road (State Highway 20), (c) lands owned by the United States in the Pohakuloa Training Area north of the Saddle Road (State Highway 20) established by Executive Order 1719 (Parcel 6, State of Hawaii Tax Map Key 4-4-16, Third Division). (d) that portion (Parcel 10, Kaohe IV, State of Hawaii Tax Map Key 4-4-16, Third Division) lying north of the Saddle Road (State Highway 20) and south of the Power Line Road; (2) that portion of the State of Hawaii Kaohe Game Management Area (Parcel 4, State of Hawaii Tax Map Key 44-15, Third Division) to the north and east of the Saddle Road (State Highway 20); (3) that portion of the Upper Waikii Paddock (Parcel 2, State of Hawaii Tax Map Key 44-15, Third Division) northeast of the Saddle Road (State Highway 20); (4) that portion of the lands of Humuula between Puu Kahinahina and Kole lying southeast of the Mauna Kea Forest Reserve fence (portions of Parcels 2, 3, and 7, State of Hawaii Tax Map Key 3-8-1, Third Division) which are included in the State conservation district.

CRITICAL HABITAT FOR THE PALILA YELLOW-SHOULDERED BLACKBIRD (Agelaius

xanthomus)

Puerto Rico. Areas of land, water, and airspace with the following components: (1) All of Mona Island; (2) that portion of the main island of Puerto Rico within the following boundary: Beginning at a point where the Quebrada Boqueron joins the Bahia de Boqueron, thence proceeding southwesterly along coast to Cabo Rojo, thence eastward along the coast, including offshore cays, to the point where Highway 332 meets the Bahia de Guanica, thence northward on Highway 332 to its junction with Highway 116, thence westward on Highway 116 to its junction with Highway 305, thence westward on Highway 305 to its junction with Highway 303, thence northward on Highway 303 to its junction with Highway 101, thence westward on Highway 101 to the point where it crosses Quebrada Boqueron, thence along the Quebrada Boqueron to the point where it joins the Bahia de Boqueron; (3) a circular portion of the main island of Puerto Rico with a one mile radius, the center being the junction of Highways 360 and 102 in the town of San German; (4) Roosevelt Roads Naval Station, southeast of Ceiba.

DUSKY SEASIDE Sparrow (Ammospiza

maritima nigrescens)

Florida. Cordgrass (Spartina bakerii) savannas and associated land, water, and airspace within the following boundary. Brevard County: Beginning at the point where Florida Highway 528 intersects Interstate Highway 95; thence westward along Florida Highways 528 and 520 to the main channel of the St. Johns River; thence northward along said channel to Florida Highway 46; thence eastward along Florida Highway 46