23.92—Are any wildlife or plants, and their parts, products, or derivatives, exempt?
(a)
All living or dead wildlife and plants in Appendix I, II, and III and all their readily recognizable parts, products, and derivatives must meet the requirements of CITES and this part, except as indicated in paragraph (b) of this section.
(b)
The following are exempt from the requirements of CITES and do not need CITES documents. You may be required to demonstrate that your specimen qualifies as exempt under this section. For specimens that are exempt from CITES requirements, you must still follow the clearance requirements for wildlife in part 14 of this subchapter and for plants in part 24 of this subchapter and 7 CFR parts 319, 352, and 355.
(1) Appendix-III wildlife and Appendix-II or -III plants.
(i)
Where an annotation designates what is excluded from CITES requirements, any part, product, or derivative that is specifically excluded.
(ii)
Where an annotation designates what is covered by the Treaty, all parts, products, or derivatives that are not designated.
(2) Plant hybrids.
(i)
Seeds and pollen (including pollinia), cut flowers, and flasked seedlings or tissue cultures of hybrids that qualify as artificially propagated (see § 23.64) and that were produced from one or more Appendix-I species or taxa that are not annotated to specifically include hybrids in the CITES list.
(ii)
Specimens of an Appendix-II or -III plant taxon with an annotation that specifically excludes hybrids.
(3) Flasked seedlings of Appendix-I orchids.
Flasked seedlings of an Appendix-I orchid species that qualify as artificially propagated (see § 23.64 ).
(4)
Marine specimens listed in Appendix II that are protected under another treaty, convention, or international agreement which was in force on July 1, 1975 as provided in § 23.39(d).