[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Proposed Rules]
[Pages 15277-15279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7085]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

RIN 1018-AB49


Importation, Exportation, and Transportation of Wildlife

agency: Fish and Wildlife Service, Interior.

action: Proposed rule; supplemental.

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summary: The U.S. Fish and Wildlife Service (Service) is proposing 
additional changes to its regulations providing for uniform rules and 
procedures for the importation, exportation, and transportation of 
wildlife. The Service is proposing to allow the importation and 
exportation of dead, preserved, dried, or embedded scientific wildlife 
specimens by accredited scientists or accredited scientific 
institutions at any U.S. Customs port, or by way of the international 
mail. This proposed rule is a supplement to the Service's previous 
proposal published on September 14, 1994.

dates: Comments must be submitted on or before May 22, 1995.

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 8:00 a.m. and 4:00 p.m., Monday through Friday.

for further information contact: Frank Shoemaker, Special Agent in 
Charge, Branch of Investigations, Division of Law Enforcement, 
telephone (703) 358-1949.

supplementary information: On Wednesday, September 14, 1994, the 
Service published in the Federal Register (59 FR 47212) a proposed rule 
amending 50 CFR parts 13 and 14. Since the date of the publication of 
this prior proposed rule, the Service has received numerous inquiries 
from the scientific community concerned about the effects of the 
Service's regulations upon the ordinary scientific exchange of dead, 
preserved, dried, or embedded taxonomic or systematic collection 
specimens, or parts thereof, being imported or exported through the 
international mail or by way of ports other than Service designated 
ports of entry. The Service's proposed rule of September 14, 1994, made 
no substantive changes to the prior requirements of the existing 
regulations related to such matters and only touched upon such 
requirements tangentially. The Service has become aware, however, in 
responding to the numerous public inquiries regarding the scope of the 
proposed rule that some reasonable concerns exist with respect to its 
present requirements governing the importation or exportation of 
taxonomic or systematic collection specimens, or parts thereof, and 
acknowledges that some substantive changes to those requirements are 
necessarily in order. The Service, therefore, is making supplementary 
proposals at this time, in addition to those already published in the 
proposed rule of September 14, 1994. The Service makes these proposals 
in an effort to facilitate the importation and exportation of dead, 
preserved, dried, or embedded scientific specimens or parts thereof, 
encompassed within the definition of wildlife, and thereby alleviate 
any unnecessary impediments to scientific exchange its existing 
regulations may have imposed.
    The Service is proposing to facilitate the importation or 
exportation of dead, preserved, dried, or embedded scientific taxonomic 
or systematic collection specimens, or parts thereof, by accredited 
scientists or accredited institutions by making several changes in its 
current regulations. The Service, in order to clarify its requirements, 
will define the terms ``Accredited scientific institutions'' and 
``Accredited scientist'' in the definition section provided in 
Sec. 14.4. The term ``Accredited scientific institutions'' is defined 
to include any public museum, public zoological park, accredited 
institution of higher education, accredited member of the American 
Zoological Association, accredited member of the American Association 
of Systematic Collections, or any State or Federal government agency 
that conducts biological or medical research. The term ``Accredited 
scientist'' is defined to include any individual associated with, 
employed by, or under contract to and accredited [[Page 15278]] by an 
accredited scientific institution for the purposes of conducting 
biological or medical research, and whose research activities are 
approved and sponsored by the scientific institution granting 
accreditation.
    The Service will also add a new section at Sec. 14.24, to be 
entitled Scientific Specimens. This new section will provide for dead, 
preserved, dried, or embedded taxonomic or systematic collection 
specimens to be imported or exported by accredited scientists and/or 
scientific institutions by way of any U.S. Customs port or to be 
shipped through the international mail. This exception, however, will 
not apply in situations where the wildlife being imported or exported 
requires a permit under any of the Service regulations established in 
50 CFR parts 16, 17, 18, 21, 22, and 23 that set forth the Service 
regulations implementing: the Lacey Act, (18 U.S.C. 42); the Endangered 
Species Act (ESA), (16 U.S.C. 1531-1543); the Marine Mammal Protection 
Act (MMPA), (16 U.S.C. 1361-1407); the Migratory Bird Treaty Act 
(MBTA), (16 U.S.C. 703-712); the Bald and Golden Eagle Protection Act 
(Eagle Act), (16 U.S.C. 668); and the Convention on International Trade 
in Endangered Species of Wild Flora and Fauna (CITES), respectively. In 
addition this exception will not apply to any specimen or part of any 
specimen taken as a result of sport hunting. The term ``sport hunting'' 
will be given its common and ordinary meaning.
    In general all wildlife imported into the United States must be 
cleared in accordance with Sec. 14.52 by a Service officer prior to its 
release from detention by Customs officers. Clearance by a Service 
officer may be obtained only at designated ports, border ports, special 
ports, or any port where importation is authorized by permit, unless 
the wildlife is otherwise exempted from such requirement. The Service's 
existing exceptions to clearance requirements for certain wildlife are 
set forth in Sec. 14.55. The Service is proposing to amend Sec. 14.55 
by adding a new paragraph at Sec. 14.55(d) providing an additional 
exception to the Service clearance requirements for dead, preserved, 
dried, or embedded specimens or parts thereof, imported or exported by 
accredited scientists and/or accredited scientific institutions for 
taxonomic or systematic research purposes.
    The provisions of Sec. 14.61 require that a completed Declaration 
for Importation and Exportation of Fish and Wildlife (Form 3-177) be 
filed with the Service when clearance is requested. A Declaration for 
Importation and Exportation of Wildlife does not have to be filed, 
however, for certain categories of wildlife provided an exception under 
Sec. 14.62, entitled Exceptions to Import Declaration Requirements. The 
Service is amending Sec. 14.62 by revising Sec. Sec. 14.62(c) and 
adding a new paragraph at Sec. 14.62(d) to provide an additional 
exception to the import declaration requirements. This provision will 
provide that a Declaration for the Importation or Exportation of Fish 
or Wildlife (Form 3-177) does not have to be filed at the time of 
importation for shipments of dead, preserved, dried, or embedded 
scientific specimens or parts thereof, imported by accredited 
scientists and/or accredited scientific institutions for taxonomic or 
systematic research purposes. This exception, however, will not apply 
in situations where the wildlife being imported requires a permit under 
any of the Service regulations established in Title 50 CFR Parts 16, 
17, 18, 21, 22, and 23.
    Except for wildlife requiring a permit pursuant to parts 16, 17, 
18, 21, 22 and 23 of this subchapter, the new Sec. 14.62(d) will 
provide that a Declaration for the Importation or Exportation of Fish 
or Wildlife (Form 3-177) does not have to be filed at the time of 
importation for shipments of dead, preserved, dried, or embedded 
scientific specimens or parts thereof, imported by accredited 
scientists and/or accredited scientific institutions for taxonomic or 
systematic research purposes. A Form 3-177 must be filed within 180 
days of importation with the appropriate Assistant Regional Director--
Law Enforcement in the Region where the importation occurs. The 
specimens must be identified to the most accurate taxonomic 
classification reasonably practicable using the best available 
taxonomic information, and the country of origin must be declared. This 
exception to the import declaration requirements will be limited to 
only exchanges made by accredited scientists or accredited scientific 
institutions and shall not apply to any specimens or parts thereof, 
taken as a result of sport hunting.
    Section 14.63 set forth the requirement that a completed 
Declaration of Importation and Exportation of Fish or Wildlife (Form 3-
177) must be filed with the Service prior to the export of any 
wildlife. Certain exceptions to this export declaration requirement are 
provided in Sec. 14.64. The Service is amending Sec. 14.64, by adding a 
new paragraph at Sec. 14.64(b)(3) to provide an additional exception to 
the Service's export declaration requirements. This exception will 
provide that a Declaration for the Importation or Exportation of Fish 
or Wildlife (Form 3-177) does not have to be filed at the time of 
exportation for shipments of dead, preserved dried, or embedded 
scientific specimens or parts thereof, exported by accredited 
scientists and/or accredited scientific institutions for taxonomic or 
systematic research purposes. This exception, however, will not apply 
in situations where the wildlife being exported requires a permit under 
any of the Service regulations established in Title 50 CFR parts 16, 
17, 18, 21, 22, and 23.
    Except for wildlife requiring a permit pursuant to parts 16, 17, 
18, 21, 22 and 23 of this subchapter, the new Sec. 14.63(b)(3) will 
provide that a Declaration for the Importation or Exportation of Fish 
or Wildlife (Form 3-177) does not have to be filed at the time of 
exportation for shipments of dead, preserved, dried, or embedded 
scientific specimens or parts thereof, exported by accredited 
scientists and/or accredited scientific institutions for taxonomic or 
systematic research purposes. A Form 3-177 must be filed within 180 
days of exportation with the appropriate Assistant Regional Director--
Law Enforcement in the Region where the exportation occurs. The 
specimens must be identified to the most accurate taxonomic 
classification reasonably practicable using the best available 
taxonomic information, and the country of origin must be declared. This 
exception to the export declaration requirements will be limited to 
only exchanges made by accredited scientists or accredited scientific 
institutions and will not apply to any specimens or parts thereof, 
taken as result of sport hunting.
    The Service is currently deliberating upon the comments received to 
its earlier proposed rule. The Service invites public comments to these 
new proposals and will respond to all comments to its proposals in the 
final rule.

Required Determination

    This rule was not subject to Office of Management and Budget (OMB) 
review 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 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, that would require approval by the Office of 
Management and Budget under the Paperwork Reduction [[Page 15279]] Act, 
44 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 Section 2(a) and 2(b)(2) of Executive 
Order 12778.

    Authorship. The originators of this proposed rule are Special 
Agents Frank Shoemaker and Marty Hernandez, and Law Enforcement 
Specialist Paul McGowan, Division of Law Enforcement, U.S. Fish and 
Wildlife Service, Washington, D.C.

List of Subjects in 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 14--[AMENDED]

    1. The authority citation for part 14 is revised to read as 
follows:

    Authority: 16 U.S.C. 704, 712, 1382, 1538(d)-(f), 1539, 1540(f), 
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 483(a).

    2. Section 14.4, as proposed to be added at 59 FR 47217, September 
14, 1994, is amended by adding paragraphs (e) and (f) to read as 
follows:


Sec. 14.4  Definitions.

* * * * *
    (e) Accredited scientific institutions include any public museum, 
public zoological park, accredited institution of higher education, 
accredited member of the American Zoological Association, accredited 
member of the American Zoological Association, accredited member of the 
American Association of Systematic Collections, or any State or Federal 
government agency that conducts biological or medical research.
    (f) Accredited scientist includes any individual associated with, 
employed by, or under contract to and accredited by an accredited 
scientific institution for the purposes of conducting biological or 
medical research, and whose research activities are approved and 
sponsored by the scientific institution granting accreditation.
    3. A new Sec. 14.24 is added to read as follows:


Sec. 14.24  Scientific specimens.

    Except for wildlife requiring a permit pursuant to parts 16, 17, 
18, 21, 22 and 23 of this subchapter, dead, preserved, dried, or 
embedded scientific specimens or parts thereof, imported or exported by 
accredited scientists and/or accredited scientific institutions may be 
imported or exported through any U.S. Customs port, or may be shipped 
through the international mail system. Provided: That this exception 
will not apply to any specimens or parts thereof, taken as a result of 
sport hunting.
    4. Section 14.55 is amended by adding paragraph (d) to read as 
follows:


Sec. 14.55  Exceptions to clearance requirements.

* * * * *
    (d) Dead, preserved, dried, or embedded scientific specimens or 
parts thereof, imported or exported by accredited scientists and/or 
accredited scientific institutions for taxonomic or systematic research 
purposes. Provided: That this exception will not apply to any specimens 
or parts thereof, taken as a result of sport hunting.
    5. Section 14.62 is amended by revising paragraph (c) and adding 
paragraph (d) to read as follows:


Sec. 14.62  Exceptions to import declaration requirements.

* * * * *
    (c) General declarations for certain specimens. Notwithstanding the 
provisions of Sec. 14.61 and except for wildlife included in paragraph 
(d) of this section, scientific specimens imported for scientific 
institutions for taxonomic, systematic research, or faunal survey 
purposes may be described in general terms on a Declaration for the 
Importation or Exportation of Fish or Wildlife (Form 3-177). An amended 
Form 3-177 must be filed within 180 days after filing of the general 
declaration with the Service. The specimens must be identified to the 
most accurate taxonomic classification reasonably practicable using the 
best available taxonomic information. Extensions of the 180 day period 
may be granted by the Director.
    (d) Except for wildlife requiring a permit pursuant to parts 16, 
17, 18, 21, 22 and 23 of this subchapter, a Declaration for the 
Importation or Exportation of Fish or Wildlife (Form 3-177) does not 
have to be filed at the time of importation for shipments of dead, 
preserved, dried, or embedded scientific specimens or parts thereof, 
imported by accredited scientists and/or accredited scientific 
institutions for taxonomic or systematic research purposes. A Form 3-
177 must be filed within 180 days of importation with the appropriate 
Assistant Regional Director--Law Enforcement in the Region where the 
importation occurs. The specimens must be identified to the most 
accurate taxonomic classification reasonably practicable using the best 
available taxonomic information, and the country of origin must be 
declared. Provided: That this exception will not apply to any specimens 
or parts thereof, taken as a result of sport hunting.

    6. Section 14.64 is amended by adding paragraph (b)(3) to read as 
follows:

Sec. 14.64  Exceptions to export declaration requirements.

* * * * *

    (b) * * *

    (3) Except for wildlife requiring a permit pursuant to parts 16, 
17, 18, 21, 22 and 23 of this subchapter, a Declaration for the 
Importation or Exportation of Fish or Wildlife (Form 3-177) does not 
have to be filed at the time of exportation for shipments of dead, 
preserved, dried, or embedded scientific specimens or parts thereof, 
exported by accredited scientists and/or accredited scientific 
institutions for taxonomic or systematic research purposes. A Form 3-
177 must be filed within 180 days of exportation with the appropriate 
Assistant Regional Director--Law Enforcement in the Region where the 
exportation occurs. The specimens must be identified to the most 
accurate taxonomic classification reasonably practicable using the best 
available taxonomic information, and the country of origin must be 
declared. Provided: That this exception shall not apply to any 
specimens or parts thereof, taken as a result of sport hunting.

    Dated: February 10, 1995.

George T. Frampton Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-7085 Filed 3-22-95; 8:45 am]

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