§ 23.63 What factors are considered in making a finding that an animal is bred in captivity?

(a) Purpose. Article VII(4) and (5) of the Treaty provide exemptions that allow for the special treatment of wildlife that was bred in captivity (see §§ 23.41 and 23.46). (b) Definitions. The following terms apply when determining whether specimens qualify as “bred in captivity”: (1) A controlled environment means one that is actively manipulated for the purpose of producing specimens of a particular species; that has boundaries designed to prevent specimens, including eggs or gametes, from entering or leaving the controlled environment; and has general characteristics that may include artificial housing, waste removal, provision of veterinary care, protection from predators, and artificially supplied food. (2) Breeding stock means an ensemble of captive wildlife used for reproduction. (c) Bred-in-captivity criteria. For a specimen to qualify as bred in captivity, we must be satisfied that all the following criteria are met: (1) If reproduction is sexual, the specimen was born to parents that either mated or transferred gametes in a controlled environment. (2) If reproduction is asexual, the parent was in a controlled environment when development of the offspring began. (3) The breeding stock meets all of the following criteria: (i) Was established in accordance with the provisions of CITES and relevant national laws. (ii) Was established in a manner not detrimental to the survival of the species in the wild. (iii) Is maintained with only occasional introduction of wild specimens as provided in paragraph (d) of this section. (iv) Has consistently produced offspring of second or subsequent generations in a controlled environment, or is managed in a way that has been demonstrated to be capable of reliably producing second-generation offspring and has produced first-generation offspring. (d) Addition of wild specimens. A very limited number of wild specimens (including eggs or gametes) may be introduced into a breeding stock if all of the following conditions are met (for Appendix-I specimens see also § 23.46(b)(12)): (1) The specimens were acquired in accordance with the provisions of CITES and relevant national laws. (2) The specimens were acquired in a manner not detrimental to the survival of the species in the wild. (3) The specimens were added either to prevent or alleviate deleterious inbreeding, with the number of specimens added as determined by the need for new genetic material, or to dispose of confiscated animals.