[Federal Register Volume 59, Number 177 (Wednesday, September 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22542]


[[Page Unknown]]

[Federal Register: September 14, 1994]


      
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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Parts 13 and 14




Importation, Exportation, and Transportation of Wildlife; Proposed Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 13 and 14

RIN 1018-AB49

 
Importation, Exportation, and Transportation of Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would revise the U.S. Fish and Wildlife 
Service (Service) regulations providing for uniform rules and 
procedures for the importation, exportation, and transportation of 
wildlife. Several definitions are proposed for inclusion, and several 
errors in reference are corrected. The Service's exception to the 
designated port of entry requirement for wildlife products or 
manufactured articles worn as articles of clothing or contained in 
accompanying personal baggage is revised. The exceptions to the import 
declaration requirements and export declaration requirements are also 
revised.
    The Service minimum age requirement for certain antique articles, 
other than scrimshaw, imported into the United States is revised. The 
Service is also revising its clearance requirements and its refusal of 
clearance requirements. The Service's import declaration filing 
requirements are also revised.
    Changes are also proposed in the marking requirements for 
containers. Further changes are proposed in the import and export 
license requirements and fee schedules and the exceptions to license 
requirements. In addition to the above changes, the non-standard fee 
schedule in Part 13 for an import/export license is amended.

DATES: Comments must be submitted on or before November 14, 1994.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Director, U.S. Fish and Wildlife Service, P.O. Box 3247, 
Arlington, Virginia 22203-3247. Comments and materials may be hand-
delivered to the U.S. Fish and Wildlife Service, Division of Law 
Enforcement, 4401 N. Fairfax Drive, Room 500, Arlington, Virginia, 
between the hours of 8 a.m. and 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Frank Shoemaker, Special Agent in 
Charge, Branch of Investigations, Division of Law Enforcement, Fish and 
Wildlife Service, U.S. Department of Interior, Washington, DC 20240, 
Telephone Number (703) 358-1949.

SUPPLEMENTARY INFORMATION:

Background

    The Fish and Wildlife Service (Service) has oversight 
responsibilities under statutory and regulatory authority to regulate 
the importation, exportation, and transportation of wildlife. The 
Service, consistent with this authority, has established an inspection 
program to properly oversee the importation, exportation, and 
transportation of wildlife and wildlife products. The Service, in 
support of its program activities, has promulgated regulations, subject 
to exemptions and permitted exceptions, restricting the importation and 
exportation of wildlife and wildlife products to certain designated 
ports, border ports, and special ports enumerated within the Code of 
Federal Regulations. Service regulations governing the importation, 
exportation, and transportation of wildlife are codified in 50 CFR 14 
and are implemented through the cooperative efforts of the U.S. Fish 
and Wildlife Service, Special Agents and Wildlife Inspectors and with 
the essential support, cooperation and assistance of the U.S. Customs 
Service (Customs) and the Animal and Plant Health Inspection Service 
and other cooperative agencies.
    The Service proposes to make the following changes to the 
Importation, Exportation, and Transportation of Wildlife regulations in 
Part 14. A new Section 14.4, entitled ``Definitions'' is proposed to 
include several new definitions. In proposing these new definitions, 
the Service hopes that greater uniformity in the interpretation of Part 
14 will be achieved. This section will also include a definition for 
the term ``commercial'' indicating when the commercial intent of a 
shipment becomes presumptive. This definition is intended to delineate 
when an import/export license will be required for a wildlife shipper 
and when other requirements applicable to commercial wildlife 
enterprises will ensue. A definition is also proposed for the term 
``export'' to delineate when the filing of an export declaration will 
be required. The term ``accompanying personal baggage'' is also newly 
defined to remove any confusion as to when hand-carried items and 
checked baggage will be regarded by the Service as an export or import 
respectively. The meaning of the term ``domesticated animal'' has been 
defined to distinguish such animals from wildlife. In addition to the 
above changes, the term ``worn'' in Sec. 14.15 has been removed and 
replaced with the term ``used'' in order to clearly define when 
wildlife products will be included within the personal baggage and 
household effects exception to the designated port requirements.
    The Service has made several administrative corrections within the 
text of the regulations. Corrections have been made changing the 
erroneous references to Sec. 14.93(d) in Sec. 14.82(a)(2) and the 
erroneous reference to Sec. 14.93(d)(1) in Sec. 14.93(c)(5) to read 
Sec. 14.93(c) and Sec. 14.93(c)(1) respectively. These cites reference 
the requisite record requirements applicable to holders of an import/
export license.
    A reference to the permit requirements of Part 23 is included 
within several sections of Part 14. The requirements of Part 23 
implement the Convention on International Trade in Endangered Species 
of Wild Fauna and Flora (CITES). The following provisions are being 
revised to include references to Part 23: at Sec. 14.21, the exception 
to the Service's license requirements for shellfish and fishery 
products; at Sec. 14.55, the exceptions to Service wildlife clearance 
requirements stating when wildlife and wildlife products may be 
imported without clearance; at Sec. 14.62(a), the exceptions to the 
import declaration requirements stating when a Service import 
declaration (Form 3-177) is not required; at Sec. 14.64(a), the 
exceptions to export declaration requirements stating when a Service 
export declaration (Form 3-177) is not required; and at Sec. 14.92 the 
exceptions to license requirements stating when wildlife may be 
imported or exported without the procurement of a Service import/export 
license.
    The Service is proposing to change the age minimum in Sec. 14.22 
for certain antique articles for consistency with changes in the 
Endangered Species Act. The Service is also adding in Sec. 14.21(a)(2) 
an exception to the designated port requirements for marine 
invertebrates of the Class Pelycopoda; species commonly known as 
oysters, clams, mussels, and scallops; and the eggs, larvae, or 
juvenile forms thereof exported for purposes of propagation, or 
research related to propagation, and for pearls imported for commercial 
purposes. The requirements for the clearance of wildlife, at 
Sec. 14.52, and the refusal of clearance of wildlife at Sec. 14.53 are 
being revised to show the applicability of these sections to both 
exported and imported wildlife. The provisions of Sec. 14.52 have been 
revised to specifically state, in both import and export situations, 
the requirements of presentation of wildlife for clearance and the 
requirement of clearance of wildlife by a Service officer prior to 
export or prior to U.S. Custom Service release of an importation.
    The Service's refusal of clearance provisions at Sec. 14.53 are 
also revised to require the identification of wildlife by species or 
subspecies name. This change is intended to alleviate the confusion 
often caused by the use of common names. This section has also been 
revised to include as an additional basis for the refusal of clearance 
in Sec. 14.53 the failure to pay an assessed penalty levied upon an 
importer or exporter under Part 11. Another significant change being 
made to Sec. 24.53 is the establishment of a formal detention process, 
similar to that of the Customs Service, within the section. This 
detention procedure is necessary to provide for the Service's detention 
of wildlife, to identify or determine applicable state or foreign 
sovereign law, in order to establish probable cause to seize the 
wildlife in question.
    In order to ensure humane and expeditious inspection and handling 
of shipments of wildlife, the Service is revising Sec. 14.54 to include 
a provision requiring that the Service be notified at least 48 hours 
prior to the ``estimated time of arrival'' of live or perishable 
shipments of wildlife or wildlife products. The Service is to be 
similarly notified when wildlife inspection is requested to be 
accomplished upon arrival and when wildlife is required to be inspected 
prior to export.
    The regulations concerning the requirements of the Service Form 3-
177, Declaration for Importation or Exportation of Fish or Wildlife, in 
Sec. 14.61 are being revised to include changes brought about by the 
U.S. Customs Automated Commercial System (ACS) and the Automated Broker 
Interface (ABI) electronic entry system and to clarify the requirement 
of filing an import declaration. Changes in the U.S. Customs entry 
system allow entry documents to be filed electronically by an 
authorized Customs broker using the electronic entry system.
    The Service's exceptions to import requirements in Sec. 14.62 are 
revised to exclude, in addition to articles intended for sale, articles 
or samples used as exhibits to solicit sales. This section is to be 
further revised to remove anerroneous reference to an obsolete U.S. 
Customs Service form. In Sec. 14.64(a) the Service is adding an 
additional exception to the export declaration requirements for marine 
invertebrates of the Class Pelycopoda; species commonly known as 
oysters, clams, mussels, and scallops; and the eggs larvae, or juvenile 
forms thereof exported for the purposes of propagation, or research 
related to propagation. The Service is also restating the exceptions to 
the export declaration requirements under Sec. 14.64(b)(1) and 
Sec. 14.64(b)(2) by excluding, in addition to wildlife articles 
intended for sale, articles or samples used as exhibits to solicit 
sales.
    Changes are proposed in the marking requirements of Sec. 14.81, and 
the alternatives and exceptions to the marking requirements in 
Sec. 14.82, to add provisions requiring the conspicuous marking of 
containers or packages to indicate when the contents are venomous 
species. In making this proposal, the Service hopes to prevent 
injuries. In accordance with Sec. 14.81, the Service will also require 
that wildlife shipments be accompanied with an accurate and legible 
list of the contents by scientific species name and the number of each 
species.
    The provision of Sec. 14.91(c) establishes that persons engaged in 
certain enumerated activities are required to hold an import/export 
license. The provisions of this section have been revised and amended 
to be more clearly worded and to require persons who commercially 
import or export wildlife in the form of food products taken from 
populations of non-domesticated animals to be licensed. Sections 
14.92(a)(5) and 14.92(a)(6) are being added to include within the 
exceptions to license requirements provisions providing an exception 
for marine invertebrates of the Class Pelycopoda; species commonly 
known as oysters, clams, mussels, and scallops; and the eggs, larvae, 
or juvenile forms thereof exported for purposes of propagation, or 
research related to propagation, and for pearls imported for commercial 
purposes. Sections 14.92(b)(1) and 14.92(b)(2) have been amended to 
allow for an exception to the import/export license requirement for 
common carriers and custom house brokers, only in instances where they 
are acting in their respective function as transporters or agents and 
not as the importer or exporter of record.
    Inspectors working at designated ports of entry are vested with the 
authority by statute and regulation to undertake the physical 
inspection and identification of wildlife shipments and to examine all 
associated wildlife shipment documentation for sufficiency. Generally, 
these inspection procedures are uniformly required and equivalent in 
their demands upon work-units of the Service, with some exceptions, for 
all shipments of wildlife regardless of value, size of shipment, or the 
variety of regulated wildlife species. Because of the nature of the 
inspection and the administrative support required, a direct 
correlation between the value of a wildlife shipment and the operating 
costs incurred by the Service in inspection of wildlife cannot be made. 
The Service, therefore, has historically assessed user fees according 
to standardized schedules codified in the Code of Federal Regulations 
and has avoided as impracticable the levying of fees based solely upon 
the value of wildlife shipped.
    Service uniform import/export user fee schedules have been set out 
and promulgated at 50 CFR 14. A review of available user fee 
information shows that since 1988 there have been four studies of the 
Service's import/export user fee policies: a 1988 report prepared by 
the Service, Division of Finance, of findings and recommendations on 
review of Law Enforcement Management Information System and Import/
Export Fee Billing and Collection System, a 1988 user charges and 
collection report by the Department of the Interior, Office of the 
Inspector General; a 1991 Law Enforcement Functional Analysis Review 
prepared by a Fish and Wildlife Service Functional Analysis Review 
Team; and finally a 1992 draft of the CITES Implementation Study, 
prepared by Traffic, U.S.A.
    One recommendation consistently made in these studies is that the 
Service should revise its user fee policies and rates to recover the 
full cost of services provided to individuals and businesses. The 
recommendation was also made that the Service license and charge user 
fees to all commercial importers and exporters of wildlife and wildlife 
products. The Service is therefore proposing to adjust its fees for 
certain activities in order to recover the actual costs of the services 
provided for all commercial import/export activities as proposed 
herein.

Inspection Fees

    All commercial importers and exporters of wildlife and wildlife 
products are charged an inspection fee for actual inspection time at a 
designated hourly rate (including salary and travel costs) with a 2 
hour minimum for shipments imported or exported through any port other 
than one of the ports designated in Sec. 14.12. The current rate is $25 
per hour. Where an inspection occurs on a holiday or a Sunday, the 
hourly rate is doubled. In addition, there is an administrative fee 
charged to all importers/exporters at non-designated ports to cover the 
costs of processing and filing the paperwork and the entry of data into 
the Service's computer system. The current administrative fee charged 
to all importers/exporters at non-designated ports is $25.

Import/Export Licenses

    Pursuant to its authority the Service requires persons engaged in 
business as importers and exporters of wildlife and wildlife products 
to obtain a wildlife import/export license and to comply with all 
administrative reporting and documentation requirements. The Service 
currently charges $125 per license annually. Holders of import/export 
licenses must pay a user fee for each shipment that is imported or 
exported at a designated port of entry listed in Sec. 14.12. The 
current fee is $25 for each shipment imported or exported at a 
designated port. In addition, overtime costs are charged to the 
importer or exporter at the rate of $25 per hour or a fractional 
increment thereof. However, non-commercial shipments and shipments 
imported or exported by persons or businesses exempt from the license 
requirements are not charged an inspection fee at designated ports, but 
may be charged overtime costs where such inspections are incurred at 
the specific request of the importer or exporter.
    An analysis of import/export data for the three most recent years 
for which complete data is available from the Law Enforcement 
Management Information System database shows that the Service is only 
recouping about $2 million annually of the total wildlife inspection 
budget of $4.35 million. Thus, only approximately 45 percent of the 
total cost of the Service's wildlife inspection program is recovered 
through the current user fees rates.
    Consequently, the Service is proposing to adjust its fee schedules 
in Sec. 14.93 in order to recoup the full cost of the import/export 
inspection program. First, the Service is proposing to require all 
commercial importers and exporters of wildlife and wildlife products to 
obtain an import/export license without regard to the total value of 
wildlife or wildlife products imported or exported each year. This 
would eliminate the yearly value exception in Sec. 14.92(b)(6). This is 
a change from the current system where only commercial importers/
exporters who import or export more than $25,000 in wildlife products 
annually were required to obtain a license. Second, the Service is 
proposing to adjust the cost of issuing an import/export license by 
reducing the cost of a license from the present rate of $125 per year 
to $50 per year. Third, the Service is proposing to increase the fees 
charged at designated ports in order to cover the full cost of the 
inspection services provided. The present inspection fee has been $25 
since 1986. The Service's analysis indicates that the average cost to 
the Service to process a shipment is $55 per shipment. Therefore, the 
Service is proposing to increase the cost of this fee to $55 per 
shipment in order to more realistically recover costs. Fourth, the 
Service is proposing to increase the administrative fee charged at non-
designated ports from $25 to $55, in addition to the inspection fee, to 
recover its actual costs and to make this fee consistent with the 
proposed increase in the designated port inspection fee. The Service 
believes these adjustments in the fee rates and applications are 
reasonable and fair in light of the actual demands upon limited Service 
resources.
    The Service will propose substantive changes to Title 50 CFR Part 
13 at a later time. The Service is, however, revising the non-standard 
fee schedule in Sec. 13.11(d)(4) to be consistent with the proposed 
changes to Part 14.

Summary of Comments and Information Received

    On Thursday, November 14, 1991, the Service published, in the 
Federal Register, (56 FR 57873), a Notice of Intent to Review Title 50 
CFR Parts 13 and 14. The Service, in this notice, requested that all 
interested parties submit written comments. In response to this 
request, the Service received comments from a total of 66 individuals 
and organizations.
    Specifically, written comments were received from 36 individuals, 
11 Government agencies, 8 sportsman associations, 1 American Indian 
tribe, 3 scientific associations, and 7 wildlife management and 
conservation associations. The Service has carefully considered all 
comments received in response to the Notice in proposing these changes 
to Parts 13 and 14.

Comments Pertaining to 50 CFR 14.12 Through 14.18

    Several comments recommended the addition of the port of Detroit, 
Michigan to the list of ``Designated Ports'' in Sec. 14.12. The Service 
has carefully considered this request, but has decided not to list 
Detroit as a designated port at this time. The Service believes that 
designated port status is not warranted at this time because of the 
close proximity of Detroit to the designated port of Chicago, a major 
commercial airport hub for air cargo. Although Detroit has a growing 
air cargo sector, it is modest in comparison to Chicago. Detroit does 
have international air passenger service and a land border with Canada; 
however, the workload does not warrant designated port status at this 
time.
    Several commenters recommended that the Service revise the words 
``not intended for sale'' in Sec. 14.15 to include items being imported 
or exported for the stated purpose of display in order to solicit 
sales. Another specific change recommended to Sec. 14.15 favored the 
establishment of a limitation on the value or number of items of 
personal baggage and household effects that may be imported or exported 
pursuant to the designated port exception in Sec. 14.15 for 
accompanying personal baggage and household effects. The commenter 
further recommended that the Service make any exceeding of the proposed 
personal baggage and household effects limitation evidence of intent to 
sell. The Service agrees that the misuse of this designated port 
exception has become a concern.
    The Service believes this problem is best addressed in two ways. 
First, greater cooperation with Customs officials is needed when 
quantities of wildlife items in excess of those allowed by Customs are 
clearly evident. Second, the Service is proposing to more clearly 
define the terms ``commercial'' and ``accompanying personal baggage'' 
to clearly distinguish commercial importations and exportations and 
effectively prevent the misuse of the designated port exception.
    Several commenters expressed the concerns of the scientific 
community. One commenter requested that the Service provide a special 
designated port of entry exemption similar to those provided for 
personally owned birds, marine mammals, and personal effects in 
Sec. 14.15, Sec. 14.17, and Sec. 14.18 so that scientific specimens or 
wildlife intended for scientific use can be imported at any customs 
port of entry. This proposal, as noted by the commenter, would 
eliminate excessive paperwork and allow for unforeseen and 
uncontrollable circumstances.
    The Service is sympathetic to the concerns of the scientific 
community. However, no changes are anticipated at this time. The 
Service notes in making this determination that the exemptions referred 
to by the commenter were personal exemptions. Scientific collections, 
however, are distinguishable in that they are not considered personal 
exemptions by the Service. The Service continues to recognize the need 
to carefully monitor the importation of scientific wildlife specimens.

Comments Pertaining to Section 14.22: Certain Antique Articles

    Another commenter recommended that the limitation date specified in 
Sec. 14.22 for ``Certain Antique Articles'' be changed from the year 
``1830'' to the phrase ``100 years old.'' The Service agrees with the 
opinion expressed by the commenter and has proposed this change.

Comments Pertaining to Section 14.31: Permits to Import or Export 
Wildlife at Non-Designated Port for Scientific Purposes

    A few commenters recommended that application procedures in 
Sec. 14.31(b)(2) be revised to alleviate unnecessary procedural delays 
imposed upon foreign researchers. These delays were said to be incurred 
in instances where scientific specimens are sent out on loan and later 
returned. Delays are said to occur because of the required listing of 
all species being sent out of the country and because of the additional 
time lost in waiting for written approval prior to shipping.
    Another recommendation was that blanket permits be issued for terms 
of at least 4 years for movement of preserved specimens between that 
was termed ``bona fide'' research institutions. One comment requested 
that ``bona fide'' non-profit research institutions that maintain 
voucher specimens for research on biological diversity and ecology be 
provided an exemption from the requirement of completing an import/
export declaration under Sec. 14.62 for specimens on loan between 
scientific institutions. One commenter from the scientific community 
noted that there should be no need to inform the Service of the 
contents of loan packages prior to sending or receiving and opening 
loaned specimen shipments. In the opinion of the commenter, the 
importation and exportation of specimens for scientific research should 
be among the very least of the Service's concerns for wildlife. The 
concerns expressed by the commenters have been duly noted. The Service 
is concerned about any delays encountered during permit functions. The 
Service, however, must process the requests of all members of the 
public fairly and equitably without regard to status. The Service does 
not believe that the issuance of what was described as ``blanket 
permit'' would serve any useful regulatory purpose. The Service would 
have difficulty in implementing this proposal. For example, how would 
the terms ``bona fide research institution'' and ``scientist'' be 
realistically defined? This would require a subjective determination 
that the Service is not prepared to make.
    In regards to the required submission of the Fish or Wildlife 
Declaration Form 3-177, current regulations at Sec. 14.62(c) allow 180 
days for the submission of this form. The Service believes this 
provision provides adequate time for compliance.

Comments Pertaining to Section 14.51: Inspection of Wildlife

    Other recommendations concerned the provisions governing Subpart E, 
the ``Inspection and clearance of wildlife.'' A specific recommendation 
was that the regulations state clearly that any shipment must obtain 
Service clearance prior to release of that shipment by Customs. One 
commenter recommended that Service Policy #16, entitled ``Species 
Exempt from Law Enforcement Management Information System'' (LEMIS), 
which is found in the Service Import/Export Manual and which relates to 
exemption from import/export license requirements, be incorporated into 
Part 14. The Service acknowledges these recommendations and has 
attempted to clarify its regulations and incorporate policy #16 in this 
revision.

Comments Pertaining to 50 CFR 14.61 and 14.62: Import Declaration 
Requirements, Exceptions to Import Declaration Requirement

    Several commenters recommended that the Service establish in 
Sec. 14.61 procedural requirements for the entry of imported 
commodities electronically through the Customs Automated Commercial 
System (ACS), including discussions on statement processing and 
collection of user and license fees, pre-filing, when physical 
documentation would be required, and participant cargo clearance 
responsibilities. The Service concurs and has included references to 
the U.S. Customs electronic entry system in this revision. The Service 
is hesitant to codify entry procedures at this point in time because of 
the evolving nature of ACS.
    Another commenter noted that the port of entry exemption at 
Sec. 14.21 for shellfish and fishery products, which allow recreational 
catches to enter from Canada, and the exemptions to import declaration 
requirements in Sec. 14.62(a) have been beneficial to the sports 
fishing community and should be continued. The Service is proposing a 
change to Sec. 14.62(a) to include a reference to the permit 
requirements of Part 23 within the text of the section. The regulations 
in Part 23 essentially implement the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES). Under CITES, 
additional import/export wildlife permit requirements may be imposed. 
CITES, therefore, is also a necessary consideration for anyone 
importing shellfish and fishery products. The Service hopes in making 
this change to re-emphasize the already existing permit requirements of 
Part 23 by this reference in Sec. 14.21.
    One commenter requested that an amnesty program be set up for 
trophy hunters who have inadvertently imported wildlife specimens that, 
as the commenter noted, ``these individuals should have not imported.'' 
The Service does not concur and believes the suggested amnesty would 
logically tend to circumvent the deterrent effect of its regulations.

Comments Pertaining to 50 CFR 14.91 Through 14.93 License Requirements, 
Exceptions to License Requirement; License Application Procedure, 
Conditions, and Duration

    Numerous comments were received recommending changes to import/
export license requirements, exceptions to license requirements, 
license application procedures, conditions, and duration. Several 
comments recommended that the Service eliminate the $25,000 import/
export minimum required in Sec. 14.92(b)(6) because it has required the 
maintenance of cumbersome manual files.
    One recommendation was to revise the regulations in 
Sec. 14.93(f)(2) to provide for the licensing of all commercial 
importers or exporters of wildlife, with the additional requirement 
that an inspection fee be levied for each shipment inspected. Another 
commenter similarly recommended that all commercial importers or 
exporters of wildlife be licensed and an inspection fee charged for 
each shipment.
    One commenter recommended that the Service provide for the charging 
of an inspection fee in situations where a license is not required, but 
inspection is still necessary. This is particularly true, the commenter 
noted, in the case of certain designated captive-bred animals otherwise 
exempt under the exception to license requirement in Sec. 14.92(a)(3). 
The commenter further noted that ``these animals whether or not they 
are born in captivity still require a Service inspection of the 
shipment.'' Recommendations were also made to increase license and 
inspection fees in Sec. 14.93(f)(1) and Sec. 14.93(f)(2) and to 
eliminate license requirements for first-time individual importations.
    The Service agrees with many of the comments made and has proposed 
several changes in the import and export license requirements, to fee 
schedules, and in the exceptions to Service import/export license 
requirements. The Service is proposing to require all commercial 
importers and exporters of wildlife and wildlife products to obtain an 
import/export license without regard to the total value of wildlife or 
wildlife products imported or exported each year. Such a change would 
eliminate the yearly value exception in Sec. 14.92(b)(6). This is a 
change from the current system, where only commercial importers/
exporters who import or export more than $25,000 in wildlife products 
annually were required to obtain a license. The Service believes that 
this change is more equitable in the assessment of costs among 
importers and exporters and that it will alleviate unnecessary and 
burdensome record-keeping.
    The Service is also proposing to adjust the cost of a wildlife 
import/export license. The Service is proposing to reduce the cost of a 
license from $125 per year to $50 per year. The Service believes that 
this change, together with the requirement that all commercial 
importers and exporters of wildlife and wildlife products obtain an 
import/export license, will assist the Service in recovering its actual 
costs through the equitable assessment of license fees.
    The Service is also proposing to adjust the inspection fee charged 
to licensees at designated ports. The Service is proposing an increase 
in fees in order to cover the full costs of the inspection services 
provided. The present inspection fee is set at the rate of $25 per 
shipment. However, the Service's analysis indicates that the average 
cost to the Service to process a shipment is $55. The Service is 
therefore proposing to increase the cost of this fee to $55 per 
shipment in order to more fully recover costs.
    The Service is also proposing to adjust the administrative fee 
charged for each wildlife shipment cleared at a non-designated port. 
This change is consistent with the increase proposed for the designated 
port inspection fee and would assist the Service in recouping its 
actual costs.
    One recommendation was to reduce by one half, the time limit for 
submission of the report required by Sec. 14.93(c)(5). The Service 
response is that any reduction in the time limit for the submission of 
the report required by Sec. 14.93(c)(5) would unfairly increase 
existing record reporting requirements set out in Sec. 14.93(c). 
Another recommendation was that the Service correct the erroneous 
identification of ``(d)(1),'' to correctly read ``(c)(1)'' in 
Sec. 14.93(c)(4) and Sec. 14.93(c)(5). The recommendation was made to 
include a citation referencing ``Part 23,'' in Sec. 14.16(c), 
Sec. 14.21, Sec. 14.55, Sec. 14.62(a), and Sec. 14.64(a) where the 
citation is currently omitted from the text of the regulations. The 
Service acknowledges the need to make the recommended corrections and 
has made efforts in several of the suggested sections to do so in this 
revision.

Need for Proposed Rulemaking

    The Fish and Wildlife Service is updating the regulations for the 
importation, exportation, and transportation of wildlife. Definitions 
have been added and several errors and missing references have been 
corrected. Several ambiguities in the text have been restated for 
clarity. Changes were necessary in several sections for the purposes of 
identification of wildlife, to provide uniformity with the Customs 
Service, to more clearly articulate requirements, to circumscribe 
exceptions to requirements, and to provide for the safety of 
inspectors.
    Changes in the Service import/export user fees policies and rates 
were made in order to recover the full costs of license and inspection 
services to require all commercial importers and exporters of wildlife 
and wildlife products to obtain an import/export license, to adjust the 
cost of a wildlife import/export license, to adjust the inspection fee 
charged to licensees at designated ports, and to adjust the 
administrative fee charged for each wildlife shipment cleared at a non-
designated port.

Required Determinations

    This rule was not subject to review by the Office of Management and 
Budget (OMB) under Executive Order 12866. The Department of the 
Interior (Department) has determined that this proposed rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
This action is not expected to have significant taking implications, as 
per Executive Order 12630.
    This proposed rule does not contain any additional information 
collection requirements, beyond those already approved under OMB 
Approval Number 1018-0012, which would require approval by the Office 
of Management and Budget under the Paperwork Reduction Act, 4 U.S.C. 
3501 et seq. This action does not contain any federalism impacts as 
described in Executive Order 12612.
    These proposed changes in the regulations in Parts 13 and 14 are 
regulatory and enforcement actions which are covered by a categorical 
exclusion from National Environmental Policy Act procedures under 516 
Department Manual and an Environmental Action Memorandum is on file at 
the Service's office in Arlington, Virginia. A determination has been 
made pursuant to Section 7 of the Endangered Species Act that the 
proposed revision of Part 14 will not effect federally listed species. 
The Department has certified to OMB that these regulations meet the 
applicable standards provided in Sections 2(a) and 2(b)(2) of Executive 
Order 12778.

Authorship

    The originator of this proposed rule is Law Enforcement Specialist 
Paul McGowan, Division of Law Enforcement, U.S. Fish and Wildlife 
Service, Washington, DC.

List of Subjects

50 CFR Part 13

    Administrative practice and procedure, Exports, Fish, Imports, 
Plants, Reporting and recordkeeping requirements, Transportation, 
Wildlife.

50 CFR Part 14

    Animal welfare, Exports, Fish, Imports, Labeling, Reporting and 
recordkeeping requirements, Transportation, Wildlife.

Regulation Promulgation

    For the Reasons set out in the preamble, Title 50, Chapter I, 
Subchapter B of the Code of Federal Regulations is proposed to be 
amended as set forth below:

PART 13--GENERAL PERMIT PROCEDURES

    1. The authority citation for Part 13 is revised to read as 
follows:

    Authority: 16 U.S.C. 668a, 704, 712, 742j-1, 1382, 1538(d), 
1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C. 1202; E.O. 
11911, 41 FR 15683; 31 U.S.C. 9701.

Subpart B--Applications for Permits

    2. Section 13.11 is amended by revising the table in (d)(4) to read 
as follows:


Sec. 13.11  Application procedures.

* * * * *
    (d) * * * 
    (4) * * * 

------------------------------------------------------------------------
                        Type of permit                             Fee  
------------------------------------------------------------------------
Import/Export License (Sec. 14.93).............................      $50
Marine Mammal (Sec. 18.31).....................................      100
Migratory Bird-Banding or marking (Sec. 21.22).................     None
Bald or Golden Eagles (Part 22)................................     None
------------------------------------------------------------------------

* * * * *

PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE

    1. The authority citation for Part 14 continues to read as follows:

    Authority: 16 U.S.C. 704, 712, 1382, 1538 (d)-(f), 1540(f), 
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 483(a).

    2. A new Sec. 14.4 entitled ``Definitions'' is added to Subpart A 
to read as follows:


Sec. 14.4  Definitions.

    In addition to definitions contained in Part 10 of this subchapter, 
the following terms shall be construed to mean and include:
    (a) Commercial means the offering for sale or resale, purchase, 
trade, barter, or the actual or intended transfer in the pursuit of 
gain or profit, of any item of wildlife and includes the use of any 
wildlife article as an exhibit for the purpose of soliciting sales, 
without regard to quantity or weight. There is a presumption that eight 
or more similar unused items (except for antiques, collectibles or 
curios) are for commercial use. This presumption may be rebutted by the 
importer/exporter/owner or by the Service based upon the particular 
facts and circumstances of each case.
    (b) Export means to depart from, to send from, to ship from, or to 
carry out of, or attempt to depart from, to send from, the ship from, 
or to carry out of any place subject to the jurisdiction of the United 
States, whether or not such departure, sending or carrying or shipping 
constitutes an exportation within the meaning of the Customs laws of 
the United States.
    (c) Accompanying personal baggage includes all hand-carried items 
and all checked baggage of a person entering into or departing from the 
United States. When a passenger leaving the jurisdiction of the United 
States enters the designated international area of embarkation of an 
airport, all accompanying personal hand-carried items and checked 
baggage will be regarded as exports.
    (d) Domesticated animals includes, but is not limited to, the 
following domesticated animals which are exempted from the requirements 
of this subchapter B (except for species obtained from wild 
populations).

Mammals

    Aplaca--Lama alpaca; Chamel--Camelus dromedarius; Camel 
(Boghdi)--Camelus bactrianus; Cat (domestic)--Felis domesticus; 
Cattle--Bos taurus; Dog (domestic)--Canis familiaris; European 
rabbit--Ortyctolagus cuniculus; Ferret (domestic)--Mustela putorius; 
Goat--Capra hircus; Horse--Equus caballus; Llama--Lama glama; Pig--
Sus scrofa; Sheep--Ovis aries; Water buffalo--Bubalus bubalus; White 
lab mice--Mus musculus; White lab rat--Rattus norvegicus.

Fish (For Export Purposes only)

    Carp (koi)--Cyprinus carpio; Goldfish--Carassius auratus;

Birds

    Chicken--Gallus domesticus; Ducks & geese--domesticated 
varieties, Guinea fowl--Numida meleagris; Peafowl--Pavo cristatus; 
Pigeons (domestic)--Columba livia domestrica; Turkey--Meleagris 
gallopavo; Domesticated or Barnyard Mallards include: Pekin; 
Aylesbury; Bouen; Cayuga; Gray Call; White Call, East Indian; 
Crested; Swedish, Buff Orpington; Indian Rummer; Campbell; Duclair; 
Merchtem; Termonde; Magpie, Chinese, Khaki Campbell.

Insects

    Crickets, mealworms, and similar insects that are routinely farm 
raised.

Invertebrates

    Earthworms and similar invertebrates that are routinely farm 
raised.

    3. Section 14.15 is amended by revising paragraph (a) to read as 
follows:


Sec. 14.15  Personal baggage and household effects.

    (a) Wildlife products or manufactured articles which are not 
intended for sale or exhibit for sale and are used as clothing or 
contained in accompanying personal baggage may be imported into or 
exported from the United States at any Customs port. However, this 
exception to the designated port requirement does not apply to any raw 
or dressed fur; raw, salted, or crusted hide or skin; game trophy; or 
to wildlife requiring a permit pursuant to Part 16, 17, 18, 21, or 23 
of this Subchapter B.
* * * * *
    4. Section 14.21 is revised to read as follows:


Sec. 14.21  Shellfish and fishery products.

    (a)(1) General. Except for wildlife requiring a permit pursuant to 
Part 17 and/or 23 of this subchapter, shellfish and fishery products 
thereof (as defined by Sec. 10.12) imported or exported for purposes of 
human or animal consumption or taken in waters under the jurisdiction 
of the United States or on the high seas for recreational purposes may 
be imported or exported at any Customs port.
    (2) Except for wildlife requiring a permit pursuant to Part 17 and/
or Part 23 of this subchapter, marine invertebrates of the Class 
Pelycopoda: species commonly known as oysters, clams, mussels, and 
scallops; and the eggs, larvae, or juvenile forms thereof may be 
exported for purposes of propagation, or research related to 
propagation, at any Customs port.
    (b) Pearls. Except for wildlife requiring a permit pursuant to Part 
17 and/23 of this subchapter, pearls imported for commercial purposes, 
may enter the United States at any Customs port of entry and for the 
purposes of this Part all references to the term shellfish and fishery 
products shall include pearls.

    5. Section 14.22 is revised to read as follows:


Sec. 14.22  Certain antique articles.

    Any person may import at any U.S. Customs Service port any article 
(other than scrimshaw, which is defined in 16 U.S.C. 1539(f)(1)(B) and 
50 CFR 217.12, as any art form which involves the etching or engraving 
of designs upon, or the carving of figures, patterns, or designs from, 
any bone or tooth of any marine mammal of the order Cetacea) that is at 
least 100 years old, is composed in whole or in part of any endangered 
or threatened species listed under Sec. 17.11 or Sec. 17.12 of this 
subchapter and has not been repaired or modified with any part of any 
endangered or threatened species on or after December 28, 1973.

    6. Section 14.32 is amended by revising paragraph (c)(2) to read as 
follows:


Sec. 14.32  Permits to import or export wildlife at nondesignated port 
to minimize deterioration or loss.

* * * * *
    (c) * * *
    (2) Permittee shall pay fees in accordance with Sec. 14.94.
* * * * *
    7. Section 14.33 is amended by revising paragraph (c)(2) to read as 
follows:


Sec. 14.33  Permits to import or export wildlife at nondesignated port 
to alleviate undue economic hardship.

* * * * *
    (c) * * *
    (2) Permittee shall pay fees in accordance with Sec. 14.94.
* * * * *
    8. Section 14.52 is amended by revising paragraphs (a), (b), the 
introductory text of paragraph (c), paragraphs (c)(3), and (c)(4) and 
by adding paragraph (c)(5) to read as follows:


Sec. 14.52  Clearance of wildlife.

    (a) Except as otherwise provided by this subpart, all wildlife 
imported into the United States must be presented for clearance and 
cleared by a Service officer prior to release from detention by Customs 
officers. All wildlife to be exported from the United States must be 
presented for clearance, in a condition suitable for clearance, and 
cleared by a Service officer prior to the physical loading of the 
merchandise on a vehicle, aircraft, or the containerization or 
pelletizing of such merchandise for export, unless expressly authorized 
otherwise. Such clearance does not constitute a certification of the 
legality of an importation or exportation under the laws or regulations 
of the United States.
    (b) Clearance by a Service officer may be obtained only at 
designated ports (Sec. 14.12), at border ports (Sec. 14.16), at special 
ports (Sec. 14.19), or at a port where importation or exportation is 
authorized by a permit issued under Subpart C of this Part. Any 
wildlife released without a Service officer's clearance or clearance by 
Customs for the Service under authority of Sec. 14.54 must be returned 
forthwith to a port where clearance may be obtained pursuant to this 
subpart.
    (c) To obtain clearance, the importer, exporter, or the importer's 
or exporter's agent, shall make available to a Service officer or a 
Customs officer acting under Sec. 14.54:
* * * * *
    (3) All permits or other documents required by the laws or 
regulations of any foreign country;
    (4) The wildlife being imported or exported; and
    (5) Any documents and permits required by the country of natal 
origin of the wildlife.

    9. Section 14.53 is revised to read as follows:


Sec. 14.53  Detention and Refusal of clearance.

    (a) Detention. Any Service officer, or Customs officer acting under 
Sec. 14.54, may detain imported wildlife. As soon as practicable 
following the importation and decision to detain, the Service shall 
mail a notice of detention by registered or certified mail, return 
receipt requested, to the importer or consignee, if known or easily 
ascertainable. Such notice shall describe the detained wildlife or 
other property, indicate the reason for the detention, describe the 
general nature of the tests or inquiries to be conducted, and indicate 
that if the releasability of the wildlife has not been determined 
within 30 days after the date of the notice, or a longer period if 
specifically stated, that the wildlife shall be deemed to be seized and 
no further notification of seizure will be issued.
    (b) Refusal of Clearance. Any Service officer may refuse clearance 
of imported or exported wildlife and any Customs officer acting under 
Sec. 14.54 may refuse clearance of imported wildlife when there are 
reasonable grounds to believe that:
    (1) A Federal law or regulation has been violated;
    (2) The correct identity and country of origin of the wildlife has 
not been established (in such cases, the burden is upon the owner, 
importer, exporter, consignor, or consignee to establish such identity 
by scientific name to the species level or, if any subspecies is 
protected by the laws of this country or the country of origin, to the 
subspecies level);
    (3) Any permit, license or other documentation required for 
clearance of such wildlife is not available, is not currently valid or 
has been suspended or notice of revocation made; or, is not authentic;
    (4) The importer, exporter, or the importer's or exporter's agent 
has filed an incorrect or incomplete declaration for importation or 
exportation as provided in Sec. 14.61 or Sec. 14.63; or
    (5) Any fee or portion of balance due for inspection fees required 
by Sec. 14.93 or assessed penalties against the importer or exporter 
under Part 11 of this chapter has not been paid.

    10. Section 14.54 is amended by revising paragraph (a), and adding 
paragraph (f) to read as follows:


Sec. 14.54  Unavailability of Service officers.

    (a) Designated ports. All wildlife arriving at a designated port 
must be cleared by a Service officer prior to Customs clearance and 
release. When live or perishable shipments of wildlife or wildlife 
products are expected or when inspection is requested at the time of 
arrival, the Service must be notified at least 48 hours prior to the 
estimated time of arrival. However, where a Service officer is not 
available within a reasonable time, live or perishable wildlife may be 
cleared by Customs officers subject to post-clearance inspection and 
investigation by the Service.
* * * * *
    (f) Exports. The Service shall be notified and the shipment made 
available for inspection at least 48 hours prior to the estimated time 
of exportation of any wildlife.

    11. Section 14.55 is amended by revising the introductory text of 
the section to read as follows:


Sec. 14.55  Exceptions to clearance requirements.

    Except for wildlife requiring a permit pursuant to Part 17 and/or 
23 of this Subchapter B, clearance is not required for the importation 
of the following wildlife.
* * * * *
    12. Section 14.61 is revised to read as follows:


Sec. 14.61  Import declaration requirements.

    Except as otherwise provided by the regulations of this subpart, 
either a completed Declaration for Importation or Exportation of Fish 
or Wildlife (Form 3-177) signed by the importer or the importer's 
agency or an electronic Form 3-177, filed through the United States 
Customs Service Automated Commercial System (ACS) by an authorized 
Customs broker using the Automated Broker Interface (ABI), shall be 
filed with the Service upon the importation of any wildlife at the 
place where Service clearance under Sec. 14.52 is requested. However, 
wildlife may be transshipped under bond to a different port for release 
from custody by Customs Service officers under 19 U.S.C. 1499. For 
certain antique articles as specified in Sec. 14.22, a Form 3-177 shall 
be filed with the District Director of Customs at the port of entry 
prior to release from Customs custody. All applicable information 
requested on the Form 3-177 shall be furnished and the importer, or the 
importer's agent, shall certify that the information furnished is true 
and complete to the best of his/her knowledge and belief.

    13. Section 14.62 is amended by revising paragraph (a), by removing 
paragraph (b)(2) and by redesignating existing paragraphs (b)(3) and 
(b)(4) as paragraphs (b)(2) and (b)(3) respectively and revising them 
to read as follows:


Sec. 14.62  Exceptions to import declaration requirements.

    (a) Except for wildlife requiring a permit pursuant to Part 17 and/
or Part 23 of this Subchapter B, a Declaration for Importation or 
Exportation of Fish or Wildlife (Form 3-177) does not have to be filed 
for importation of shellfish and fishery products imported for purposes 
of human or animal consumption, or taken in waters under the 
jurisdiction of the United States or on the high seas for recreational 
purposes;
    (b) * * *
    (2) Wildlife products or manufactured articles which are not 
intended for sale or exhibit for sale and are used as clothing or 
contained in accompanying personal baggage, except that a Form 3-177 
must be filed for raw or dressed furs, for raw, salted, or crusted 
hides or skins; and for game or game trophies; and
    (3) Wildlife products or manufactured articles which are not 
intended for sale or exhibit for sale and are a part of a shipment of 
the household effects or persons moving their residence to the United 
States, except that declaration must be filed for raw or dressed furs, 
and for raw, salted, or crusted hides or skins.
* * * * *
    14. Section 14.64 is amended by revising paragraphs (a), (b)(1), 
and (b)(2) to read as follows:


Sec. 14.64  Exeptions to export declaration requirements.

    (a) Except for wildlife requiring a permit pursuant to Part 17 and/
or Part 23 of this subchapter B, a Declaration for Importation or 
Exportation of Fish or Wildlife (Form 3-177) does not have to be filed 
for the exportation of shellfish and fishery products exported for 
purposes of human or animal consumption or taken in waters under the 
jurisdiction of the United States or on the high seas for recreational 
purposes, and does not have to be filed for the exportation of marine 
invertebrates of the Class Pelycopoda; species commonly known as 
oysters, clams, mussels, and scallops; and the eggs, larvae, or 
juvenile forms thereof exported for purposes of propagation, or 
research related to propagation.
    (b) * * *
    (1) Wildlife which is not intended for sale or exhibit for sale 
where the value of such wildlife is under $250; and
    (2) Wildlife products or manufactured articles, including game 
trophies, which are not intended for sale or exhibit for sale and are 
used as clothing or contained in accompanying personal baggage or are 
part of a shipment of the household effects of persons moving their 
residence from the United States.

    15. Section 14.81 is revised to read as follows:


Sec. 14.81  Marking requirement.

    Except as otherwise provided in this subpart, no person may import, 
export, or transport in interstate commerce any container or package 
containing any fish or wildlife (including shellfish and fishery 
products) unless each container or package is conspicuously marked on 
the outside with both the name and address of the shipper and 
consignee. The entire shipment shall be accompanied by an accurate and 
legible list of its contents by scientific species name and the number 
of each species and whether or not the listed species are venomous.

    16. Section 14.82 is amended by revising paragraphs (a)(1)(ii)(A), 
(a)(2), and (a)(3) to read as follows:


Sec. 14.82  Alternatives and exceptions to the marking requirement.

    (a) * * *
    (1) * * *
    (ii) * * *
    (A) The common name that identifies the species [examples include: 
chinook (or king) salmon; bluefin tuna; and whitetail deer] and whether 
or not the listed species is venomous; and
* * * * *
    (2) Affixing the shipper's wildlife import/export license number 
preceded by the three letters ``FWS'' on the outside of each container 
or package containing fish or wildlife, if the shipper has a valid 
wildlife import/export license issued under authority of 50 CFR Part 
14. For each shipment marked in accordance with this paragraph, the 
records maintained under Sec. 14.93(c) must include a copy of the 
invoice, packing list, bill of lading, or other similar document which 
accurately states the information required by paragraph (a)(1)(ii) of 
this section.
    (3) In the case of subcontainers or packages within a larger 
packing container, only the outermost container must be marked in 
accordance with this section. Provided, that for live fish or wildlife 
that are packed in subcontainers within a larger packing container, if 
the subcontainers are numbered or labeled, the packing list, invoice, 
bill of lading, or other similar document, must reflect that number or 
label. However, each subcontainer containing a venomous species must be 
clearly marked as venomous.
* * * * *
    17. Section 14.91 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec. 14.91  License requirement.

    (a) Prohibition. Except as otherwise provided in this subpart, it 
is unlawful for any person to engage in business as an importer or 
exporter of wildlife without first having obtained a valid import/
export license from the Director.
* * * * *
    (c) Certain persons required to be licensed. The definition in 
paragraph (b) of this section includes, but is not limited to, persons 
who import or export wildlife for commercial purposes:
    (1) For trade, sale, or resale, such as animal dealers, animal 
brokers, pet dealers, pet suppliers, and laboratory research suppliers;
    (2) In the form of fur for tanning, manufacture, or sale, such as 
fur trappers, fur dealers, fur brokers, and fur manufacturers;
    (3) In the form of hides and skins for tanning, manufacture, or 
sale, such as hide, skin and leather dealers, brokers, manufacturers 
and processors;
    (4) In the form of products (such as garments, bags, shoes, boots, 
jewelry, rugs, or curios) for sale, such as wholesalers, retailers, 
distributors, and brokers;
    (5) As taxidermists importing and exporting wildlife in connection 
with the mounting, processing, or storage of trophies or specimens; and
    (6) As freight forwarders.
    (7) In the form of food products taken from populations of non-
domesticated animals.

    18. Section 14.92 is amended by revising paragraphs (a)(1), (a)(2), 
(a)(3), (a)(4) and by adding (a)(5) and (a)(6), and by revising (b)(1), 
(b)(2), (b)(4), and (b)(5) and by removing paragraph (b)(6) to read as 
follows:


Sec. 14.92  Exceptions to license requirement.

    (a) * * *
    (1) Shellfish and fishery products which do not require a permit 
under Part 17 and/or Part 23 of this Subchapter B and which are 
imported or exported for purposes of human or animal consumption;
    (2) Shellfish and fishery products which do not require a permit 
under Part 17 and/or Part 23 of this Subchapter B and which are taken 
in waters under the jurisdiction of the United States or on the high 
seas for recreational purposes;
    (3) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, 
and karakul or their products if the animals have been bred and born in 
captivity;
    (4) Live farm-raised fish and farm-raised eggs of species not 
requiring a permit under Parts 17 or 23 of this subchapter B which are 
being exported;
    (5) Marine invertebrates of the Class Pelycopoda; species commonly 
known as oysters, clams, mussels, and scallops; and the eggs, larvae, 
or juvenile forms thereof exported for purposes of propagation, or 
research related to propagation; and
    (6) Pearls imported for commercial purposes.
    (b) * * *
    (1) Common carriers when engaged as a transporter and not as the 
importer or exporter of record;
    (2) Custom house brokers when engaged as an agent and not as the 
importer or exporter of record;
* * * * *
    (4) Federal, State, or municipal agencies; or
    (5) Circuses importing or exporting wildlife for exhibition 
purposes only and not for purchase, sale, barter, or transfer of such 
wildlife.

    19. Section 14.93 is amended by revising paragraphs (c)(4) and 
(c)(5) to read as set forth below, and by removing paragraph (f).


Sec. 14.93  License application procedure, conditions, and duration.

* * * * *
    (c) * * *
    (4) Subject to applicable limitations of law, duly authorized 
Service officers at all reasonable times shall, upon notice, be 
afforded access to the licensee's places of business, be afforded an 
opportunity to examine the licensee's inventory of imported wildlife 
and the records required to be kept under paragraph (c)(1) of this 
section, and an opportunity to copy such records;
    (5) Licensees shall, upon written request by the Director, submit 
within 30 days of such request a report containing the information 
required to be maintained by paragraph (c)(1) of this section, and
* * * * *
    20. Section 14.94 is added to subpart I to read as follows:


Sec. 14.94  Fees.

    (a) Overtime Fees. Importers or exporters of wildlife may be 
charged a fee for overtime in addition to the inspection fee for 
inspections which begin before normal working hours, which extend 
beyond normal working hours, or are on a holiday, Saturday, or Sunday 
if the following conditions are met:
    (1) The wildlife being imported or exported is part of a commercial 
shipment; and
    (2) The importer/exporter requested that the inspection be 
performed outside normal work hours. If a live or perishable shipment 
is presented for inspection during normal work hours but the inspection 
cannot be performed during normal work hours on that day, the importer/
exporter will be given the option of selecting to have the inspection 
performed later during normal work hours or being charged for overtime. 
The Service's ability to perform inspections during overtime hours for 
non-perishable shipments will depend on the availability of Service 
personnel.
    (b) Overtime Fee Parameters. The following parameters shall be 
followed when calculating fees to be collected for overtime:
    (1) Inspection time commences when a Service officer departs their 
residence or official duty station en route to the inspection site and 
terminates when they return to the point of departure or official duty 
station.
    (2) For an inspection beginning less than 1 hour before normal work 
hours, 1 hour of time will be charged, at an hourly rate of 1\1/2\ 
times the average hourly rate of a journeyman level Wildlife Inspector. 
For all other inspections performed outside of normal work hours or on 
a Saturday, a minimum of 2 hours of time will be charged, at an hourly 
rate of 1\1/2\ times the average hourly rate of a journeyman level 
Wildlife Inspector.
    (3) Any inspection which continues in excess of the 2-hour minimum 
will be charged in quarter hour increments. Inspection time of 10 
minutes or more will be rounded up to the next quarter hour and any 
time less than 10 minutes will be disregarded.
    (4) Inspections performed on a holiday or a Sunday will be charged 
a minimum of 2 hours at twice the average hourly rate of a journeyman 
level Wildlife Inspector.
    (c) Nondesignated Port Fees. Fees for inspections performed at non-
designated ports shall be a minimum of 2 hours at 1\1/2\ times the 
average hourly rate of a journeyman level Wildlife Inspector plus the 
administrative fee in accordance with 50 CFR 14.32(c)(2) and 
14.33(c)(2).
    (d)(1) Schedule. 

                              General Fees                              
                                                                        
                                                                        
License fee........................  $50 per year.                      
Inspection fee.....................  Each licensee shall pay an         
                                      inspection fee of $55 per shipment
                                      for each wildlife shipment        
                                      imported into or exported from the
                                      United States.                    

    (2) General Calculation of Inspection Fees. 

                        Inspection Fee Schedule                         
                                                                        
                                                                        
Inspections at Designated port                                          
 beginning before normal work                                           
 hours:                                                                 
    Administrative fee.............  $55.                               
    Up to 1 hour before normal work  30.00                              
     hours.                                                             
    More than 1 hour before normal   2 hour minimum at $30.00 an hour.  
     work hours.                                                        
Inspections at Designated port                                          
 Outside normal work hours                                              
 (including Saturdays):                                                 
    Administrative fee.............  55.                                
    Less than 2 hours..............  2 hour minimum at $30.00 an hour.  
    Exceeds 2 hours................  Quarter hour multiples ($7.50 per  
                                      quarter hour).                    
                                     Service time. 10 minutes or more   
                                      rounded to the next quarter hour, 
                                      less than 10 minutes is           
                                      disregarded. Plus 2 hour minimum. 
Inspections at all ports during      2 hour minimum, at the rate of     
 Sundays and Holidays.                $40.00 per hour.                  
Administrative fee.................  55.                                
Inspections at Non-Designated        2 hour minimum at the rate of      
 ports, border and special ports.     $30.00 per hour.                  
Administrative fee.................  55.                                

    (3) No fee or any portion of any license or inspection fee shall be 
refundable or payment of fee excused because importation or clearance 
of wildlife shipment is refused for any reason.

    Dated: August 19, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-22542 Filed 9-13-94; 8:45 am]
BILLING CODE 4310-55-M