The regulations of this Subchapter B are promulgated to implement the following statutes enforced by the U.S. Fish and Wildlife Service which regulate the taking, possession, transportation, sale, purchase, barter, exportation, and importation of wildlife:
Lacey Act, 18 U.S.C. 42.
Lacey Act Amendments of 1981, 16 U.S.C. 3371-3378.
Migratory Bird Treaty Act, 16 U.S.C. 703-712.
Bald and Golden Eagle Protection Act, 16 U.S.C. 668a-668d.
Endangered Species Act of 1973, 16 U.S.C. 1531-1543.
Tariff Classification Act of 1962, 19 U.S.C. 1202, [Schedule 1, Part 15D, Headnote 2(d), T.S.U.S.].
Fish and Wildlife Act of 1956, 16 U.S.C. 742a-742j-l.
Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1384,1401.
[38 FR 22015, Aug. 15, 1973, as amended at 53 FR 6649, Mar. 2, 1988]
The various parts of this subchapter B are interrelated, and particular note should be taken that the parts must be construed with reference to each other.
No statute or regulation of any State shall be construed to relieve a person from the restrictions, conditions, and requirements contained in this subchapter B. In addition, nothing in this subchapter B, nor any permit issued under this subchapter B, shall be construed to relieve a person from any other requirements imposed by a statute or regulation of any State or of the United States, including any applicable health, quarantine, agricultural, or customs laws or regulations, or other Service enforced statutes or regulations.
The regulations of this subchapter B shall apply to all matters arising after the effective date of such regulations, with the following exceptions:
(a) Civil penalty proceedings. Except as otherwise provided in § 11.25, the civil penalty assessment procedures contained in this subchapter B shall apply only to any proceeding instituted by notice of violation dated subsequent to the effective date of these regulations, regardless of when the act or omission which is the basis of a civil penalty proceeding occurred.
(b) Permits. The regulations in this subchapter B shall apply to any permit application received after the effective date of the appropriate regulations in this subchapter B and, insofar as appropriate, to any permit which is renewed after such effective date.
[38 FR 22015, Aug. 15, 1973, as amended at 39 FR 1159, Jan. 4, 1974]