On January 10, 2025, the Service published a regulatory document in two parts: a final rule affirming the 2016 interim rule (81 FR 1534, January 13, 2016) that listed 20 genera of salamanders as injurious and a new interim rule (hereafter, the second interim rule) that adds 16 genera to the injurious list. The list of injurious salamander genera is found in 50 CFR §16.14. 

The final rule goes into effect on the date of publication in the Federal Register and the second interim rule goes into effect 15 days from the date of publication in the Federal Register. The language in the Rule Promulgation section at the end of the regulatory document contains all the genera covered under the final and second interim rules.

Under 18 U.S.C. 42(a), a species of wildlife can be listed as injurious when it has been demonstrated to be injurious, or harmful, to human beings, to the interests of agriculture, horticulture, or forestry, or to the wildlife or wildlife resources of the United States. To control the introduction and spread of injurious species, the statute prohibits their importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States.

Thelistedsalamanders in the rules have been identified as carriers of thesalamander chytrid fungusBsal and are thus considered injurious. The purpose of listingthese species of salamanders as injurious wildlife is to prevent the introduction and establishmentofBsalinthewildintheUnitedStates.Thefungus primarily affects salamanders and has lethal effects on many native and nonnative salamander species. Wildlife and wildlife resources, including their benefits to the American public, would be imperiled if Bsal becomes established in the United States.

The final rule lists 20 genera, of 68 genera found globally, which currently includes approximately 262 of the 804 species of salamanders that exist worldwide. The second interim rule lists 16 more genera, encompassing approximately 164 species. The total is 34 genera listed, encompassing approximately 426 species. Using the same criteria as in the 2016 interim rule, the second interim rule adds the following 16 genera: Ambystoma, Andrias, Aneides, Aquiloeurycea, Calotriton, Chiropterotriton, Cryptobranchus, Desmognathus,Ensatina, Eurycea, Laotriton,Ommatotriton,Pachytriton, Proteus, Pseudobranchus, and Pseudotriton. This increases the total number of species listed by approximately 164.

Genera that are listed by these rules are identified at 50 U.S.C. §16.14. We no longer post all the species in each genera as we did in 2016 because the taxonomy (scientific classification and associated naming) of many salamander species changes more often now than decades ago. The genera level is more stable and the regulation states that all species in a listed genus are considered injurious even if they are not specifically identified in the rules.  

Speciesthatarenotontheinjuriouswildlifelist, including other salamanders,arenotaffectedby either of theserules. While there is evidence that some frogs and toads have the potential to carry Bsal, frogs,toads, and caecilians are not currently listed by these rules. Several species of anurans have been found to carry Bsal, including the midwife toad Alytes obstetricans, fire-bellied toad Bombina microdeladigitora, and Cuban treefrog Osteopilus septentrionalis. We are not adding any frogs or toads to the list of injurious wildlife at this time because they are in a different order (Anura), and we did not include the possibility of adding the order Anura in the 2016 interim rule, which would give the public a chance to comment. 

When the 2016 interim rule published, it was theService’slongstanding position that the statute 18 U.S.C. 42 prohibited (in addition to the importation into the United States) allinterstatetransportationbetween states,theDistrictofColumbia,theCommonwealthof Puerto Rico or any territory or possession of the United States of injurious species. However, on April 7, 2017, the D.C. Circuit Court held that 18 U.S.C. 42(a)(1) does not prohibit transport of injurious wildlife between states within the continental United States. As a result, existing and future injurious wildlife listings no longer result in a statutory prohibition on interstate transport of injurious wildlife between states within the continental United States.

We are listing 36 genera of salamander as injurious wildlifebecausetheyare capableofcarrying Bsal, a fungus not yet known to be present in the United States and which is lethal to many native salamanderspecies.The listincludes 164 speciesnativetotheUnitedStates,because some of these species are bred outside the United States and imported into the country. By preventing their importation, we are hoping to prevent potential introductions of Bsal. 

Swabs that are appropriately fixed in formalin or alcohol are exempted in the injurious wildlife rules and do not require a permit. Tissue samples fixed in 10 percent formalin or embedded in paraffin (usually both in sequence) after routine histological processing (or both), including those from amphibians known to, or suspected of, carrying Bsal, contain only nonviable material and, thus, are not considered injurious. Skin swabs preserved in at least 70 percent ethanol for at least 60 seconds are not considered injurious. 

Exceptions to the prohibition on the import and the transport of injurious wildlife between the listed jurisdictions in the shipment clause may be made by permits from the Service. This rule listing salamanders also includes dead salamanders or their body parts because of concerns that Bsal can be introduced through dead tissue containing keratin. Importing a listed species and transporting between the jurisdictions in the shipment clause both require authorization, in the form of a permit, from the Service BEFOREtheactivityoccurs.Only zoological, educational, medical, and scientificactivitiescan be the basis for issuing such authorization under 18 U.S.C. 42. If a permit has been issued allowing import into the United States and the permit contains terms and conditions restricting transport of the specimen and its progeny within the continental United States, those permit terms and conditions continue to apply. 

If you wish to conduct activities that are otherwise prohibited under the 18 U.S.C. 42 (that is, import or transport between jurisdictions in the shipment clause), you must submit an application to the Service requesting authorization (Form 3-200-42). The application includes questions about the activity you wish to carry out and provides an opportunity to explain how this activity would meet the permit issuance criteria under 18 U.S.C. 42 and its implementing regulations. If a permit or other authorization is granted by the Service, you will be able to carry out your proposed activity subject to the terms and conditions of the permit.

Permits may be requested by filing Form 3-200-42with the U.S. Fish and Wildlife Service, Division of Management Authority, Branch of Permits,  MS:IA,  5275 Leesburg Pike,  Falls Church,  VA  22041-3803. 

The application form may be obtained through the Service’s Permits website (3-200-42 - Import/ Acquisition/Transport of Injurious Wildlife under the Lacey Act (servicenowservices.com).

The injurious wildlife provisions of 18 U.S.C. 42 do not regulate exportation of listed species. Pleasenote,however,thatseveralofthe injurious salamanderspeciesarealsolistedunderthe Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or the Endangered Species Act (ESA) and thereby would require export permits. While the injurious wildlife listing provision of 18 U.S.C. 42 does not restrict exportation of injurious wildlife, it does regulate transport between the listed jurisdictions. Therefore, while you can export specimens of the listed salamanders, you cannot, for example, ship a listed salamander from California to Hawaii or Guam, even to export from there, or from the District of Columbia to any state, including for export. You should also consider any laws or regulations of the state from which you are exporting, as well as any requirementsoftheaircarrierorthecountryofdestination.

Listed specimens must be maintained in double escape-proof containment once they are covered under a permit. For live specimens, this typically consists of a cage within a cage or within a closedroom.ThisrequirementistoensurethatspecimenstheServicehas permittedaspartof an otherwise prohibited activity (that is, importation or transport with the shipment clause) do not escape confinement and cause the specific harm that the listing under 18 U.S.C. 42 was designed to prevent. Because the purpose of the injurious wildlife listing is to prevent Bsal from enteringandspreadingintheUnitedStates,thisrequirement,whichwouldapplytobothliveand dead specimens, is necessary to prevent unintentional release of permitted specimens.

For live animals, double escape-proof containment typically involves maintaining the live salamander in an escape-proof tank within a larger container or closed room. For example, maintaining your salamanderinacoveredaquariumwithinaclosedbuildingwouldmeetthisrequirement.When you are moving the animal from one location to another, such as going from the amphibian house of a zoo to the veterinaryclinic at the zoo, the salamander must be transported in double escape-proof containment, such as in a travel container within a larger container. This is to ensure that if the animal escapes one enclosure, the second enclosure would restrict further escape. In addition, the double escape-proof containment requirement would apply to any offspring of the salamander that has been permitted.

Fordeadspecimens including parts, we are concerned with the contamination by the fungus, so adoubleescape-proofcontainmentcouldconsist,inalaboratorysetting,of maintaining the specimen within a closed test tube, petri dish, or similar containment within a closed laboratory setting. We also recommend that specimens not be left exposed (for example, on a laboratory bench) for longer than necessary to conduct the work on the specimen. Dead specimens and salamander parts found in the field and moved for diagnostic testing or other permittedpurposesshouldalsobecontainedwithtwosafeguardstopreventaccidentalreleaseof the dead and infectious specimens or parts thereof outside of where it was collected.

A permitisrequiredforspecimensthatare imported forexhibitionoreducation. When a permit is issued, a condition would be placed on the use of the permit to maintain the specimens and all offspring in double-escape proof containment. If a permit is issued allowing import into the United States and the permit contains terms and conditions restricting transport of the specimen and its offspring within the continental United States, those permit terms and conditions continue to apply.

The listing does not affect ownership of the listed species. If you own any of the listed species as a pet, there is no need to do anything as long as the animal has never been covered by a permit.

If you are unable to keep a salamander under your care, you should seeklegalandenvironmentallyresponsiblesolutionsfortheplacementofpetslistedasinjurious species. Such specimens should never be released into the wild, which can cause harm to local wildlife and ecosystems and may be a violation of state or local law.

Theinjurious statute does notregulatethebreeding, sale, purchase, or possessionoflistedspecies. If youarecommerciallybreeding one of these listed species, or breeding as a hobby, if allowed by your state, you can continue theseactivities. You should also consider any laws or regulations of the state in which you are breeding.

Exceptforpreviouslypermittedspecimensortheiroffspring,nopermitorotherauthorizations are required to move your animal within a state, unless required by any other federal, state, or local law.

Except for previously permitted specimens or their offspring, no permit or other authorizations are required to move your animal across state lines, unless required by any other federal, state, or local law

Salamanders may be sold, traded, or purchased on the internet, provided that the salamanders are not imported or cross jurisdictional boundaries of the shipment clause, and the sale, trade, or purchase of thesalamandersontheinternetdoesnotviolateanyother federal, state,orlocallaws.

No.Releasingamphibiansfromcaptivityintothewildisillegalinmost,ifnotall, states. Species listed as injurious cannot be released into the wild. If your salamander is carrying a pathogen that infects other amphibians, even if seemingly healthy, releasing it can introduce the disease into healthy populations. 

You can contact local wildlife authorities responsible for the disposition of unwantedpets.Additionalinformationaboutthesafeandethicalsurrenderofunwantedpetsmay beavailablethrough your state’snaturalresourcesorfishandwildlifeagency. In addition, you may also ask your local pet retailer or zoo for suggestions on ethical alternatives.

Herearesomeadditionalwebsitesthatmightbeof assistance:

•   Habitattitude™: http://www.habitattitude.net/
• Don’t Let it Loose  https://www.dontletitloose.com/  This website has a link to resources by state to help find a new home for your salamander. 

Yes, you can receive listed species provided they are between states within the continental United States. TheServicerecognizestheoverallgoaltosafeguard native species from the effects of Bsal and works with conservation partners in the public and private sectors to achieve this objective.

The goal of listing these 36 genera of salamanders as injurious wildlife is to keep Bsal from entering andestablishingintheUnitedStates,buttheregulationcanonlygosofarto achieve that goal. We need the voluntary cooperation of salamander owners, breeders, and hobbyists from across the country to keep these salamanders healthy. Please visit http://www.salamanderfungus.org/help/  for information on how to help ensure Bsal does not establish and spread in the United States.

Laboratoriesplanningtoacquirelistedspeciesbyimportation or shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, including live or dead individuals or parts (excluding eggs and gametes), will need to apply for injurious permits from the Service to receive those samples (3-200-42 - Import/ Acquisition/Transport of Injurious Wildlife under the Lacey Act (servicenowservices.com); see Information Regarding Regulations and Permits above. Only the receiving laboratory would need to obtain a permit; the sender does not need to applyfor or obtain a permit to ship specimens. Laboratories may apply for permits for an unspecified number of specimens of the listed salamander species to receive samples for research or diagnostic purposes due to the unpredictable, and often emergent, nature of their submissions. Permits for interstate transport between states within the continental United States are not required.

ForspecimensbeingimportedintotheUnitedStates,pleasebeawarethatsomeofthespecies listed by these rules may also be regulated under CITES or the Endangered Species Act, so additional permits may be required.

Yes.Permitscoveringlistedsalamanderspecieswillbeissuedformultipleactivitiesforaperiod of up to 3 years. In your application for a permit or a renewal of an existing permit, please identify in as much detail as possible the listed species that you anticipate receiving and the activities that will be undertaken.

Laboratories may not have all available information when requesting a permit. Please provide as much information as you can in a cover letter with your permit application. We understand that there may be gaps in that information. Please make sure your application clearly identifies that you are requesting the permit for purposes of receiving specimens of listed salamander species for research or diagnostic testing.

There are no annual reporting requirements at this time.

We canonlyregulate the animals,not such fomitesas water. The rules regulate salamanders and their parts that pose a threat because of their potential to transmit the Bsal pathogen. Thus, all salamander parts, including skin swabs, unpreserved tissues, and whole specimens of species listed under the rules are subject to permit requirements iftheyareto beimported or moved with the shipment clause. 

Environmental or biofilm swabs are not regulated under the rules. The Service does not consider these materials to be wildlife parts. Filters collected for environmental DNA testing are not regulated under the rules.

An injurious wildlife permit is required for the import of research or diagnostic samples derived from listed species. Biosafety Level 2 (BSL-2) requirements are recommended by the research working group of the Bsal National Task Force (currently available at https://www.cdc.gov/labs/pdf/SF__19_308133-A_BMBL6_00-BOOK-WEB-final-3.pdf; Section IV http://www.cdc.gov/biosafety/publications/bmbl5/BMBL5_sect_IV.pdf). Please note that some of the listed species may also be regulated by CITES or ESA and additional permits may be required. Also, all wildlife and their parts or products must be declared at the time of import or export using USFWS Form 3-177 or its electronic counterpart (https://edecs.fws.gov/). All port, declaration, inspection, and user fee (if applicable) requirements must be met.

If you anticipate receiving research or diagnostic samples from international sources, please contact the USFWS Office of Law Enforcement for additional guidance. Contact the port through which you expect the shipment to be imported or exported (Wildlife Inspection Offices https://www.fws.gov/media/wildlife-trade-wildlife-inspection-offices).

If you anticipate receiving research or diagnostic samples from international sources, please contact the USFWS Office of Law Enforcement for additional guidance. Contact the port throughwhich youexpecttheshipmenttobeimportedorexported (Wildlife Inspection Offices https://www.fws.gov/media/wildlife-trade-wildlife-inspection-offices).

The individual or institution receiving the specimen needs to apply for the permit. Universities can apply for one permit rather than requiring every scientist and student to apply for permits separately, but the university representative who signs the application would be responsible for all activities conducted under the permit and ensuring that all such activities are conducted in accordance with the terms of the permit.

Any person physically transporting a sample across a shipment jurisdiction border needs to have a copy of the permit under which they are transporting the specimen in their possession and a letter from the permittee authorizing the transport.
 

Federal agencies are not required to request a permit for importation and transportation of live injuriouswildlife solely for their own use (under 50 CFR 16.32).

Importationofdeadnatural-historyspecimensareexemptfrompermit requirements if they are accessioned into a museum collection and the import or the transport between the listed jurisdictions in the shipment clause of the specimen is for a museum or scientific collection. 

Fees for processing injurious wildlife permit applications are $100. The fee will be waived for any federal,tribal, state, orlocal governmentagencyortoanyindividualorinstitutionactingon behalf of such agency.

While the Service will strive to process applications as quickly as possible, applicants should plan for up to 60 days for their application to be processed. Delays can be minimized by filling out the application completely and making sure that there are no gaps. If you have questions about how to answer a particular question, please let us know and we will help you address it before you submit your application.

Toavoidanyunnecessarydelaysinshipping, you should includeacopyofthe receiver’s permit if shipping between listed jurisdictions.

Permitscanbevalidforuptothree years.Pleasenote,however,thatonceaspecimen,deador alive,ispermittedforanyactivity,thedoubleescape-proofcontainmentrequirementsmustbe adhered to for the duration of possession of the specimen and for anyoffspring, dead or alive, produced by the permitted specimen.

The injurious wildlife regulationscanbefoundonthefollowing link:  50 CFR part 16.

For questions about permits, contact: Division of Management Authority, Branch of Permits https://www.fws.gov/service/3-200-42-import-acquisitiontransport-injurious-wildlife-under-lacey-act/ 
E-mail: managementauthority@fws.gov
1-800-358-2104

For questions about the laws and penalties regarding injurious wildlife, contact: OfficeofLawEnforcement
E-mail:lawenforcement@fws.gov
Web: http://www.fws.gov/le

FishandAquatic Conservation
InjuriousWildlifewebsite:http://www.fws.gov/injuriouswildlife/
E-mail: preventinvasives@fws.gov                                                                          

General information and resources about Bsal can be found at the Bsal Task Force’s website, www.salamanderfungus.org.