[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Rules and Regulations]
[Pages 31850-31873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15388]
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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: Final rule.
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SUMMARY: This final rule updates 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 added and amended. 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 amended. The exceptions to the import
declaration requirements and export declaration requirements are also
amended. The Service minimum age requirement for certain antique
articles, other than scrimshaw, imported into the United States is
changed. The Service is also revising its clearance requirements and
its refusal of clearance requirements. The Service's import declaration
filing requirements are also changed.
Changes are also made in the marking requirements for containers
used to ship fish or wildlife. Further changes are made in the import
and export requirements and fee schedules and the exceptions to license
requirements. In addition to the above changes, the non-standards fee
schedule in part 13 for an import/export license is amended. Finally,
the Service will allow the importation and exportation of dead,
preserved, dried, or embedded scientific wildlife specimens by
accredited scientists or accredited scientific institutions engaged in
taxonomic or systematic research at any U.S. Customs port, or by way of
the international mail.
EFFECTIVE DATE: This rule is effective July 22, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas Striegler, 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 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 part
14 and are implemented through the efforts of Service Special Agents
and Wildlife Inspectors, and with the essential support, cooperation,
and assistance of the U.S. Customs Service (Customs) and the Department
of Agriculture, Animal and Plant Health Inspection Service (APHIS) and
other cooperating agencies.
The Service is making the following changes to the Importation,
Exportation, and Transportation of Wildlife regulations in part 14. A
new section Sec. 14.4, entitled ``Definitions'', is being added to
include several new definitions. In adding these new definitions, the
Service's intent is to provide greater uniformity in the interpretation
of part 14. This section, includes a definition for the term
``commercial'' to explain when the commercial intent of a shipment
becomes presumptive. The effect of this definition is to clarify when a
wildlife shipper is required to obtain an import/export license, and
when the personal baggage exception does not apply. A definition is
also added for the term ``export'' to delineate when the filing of an
export declaration and clearance by a Service Officer will be required.
The term ``accompanying personal baggage'' is also defined to eliminate
any ambiguity as to when hand-carried items and checked baggage will be
regarded by the Service as an export or import. The meaning of the term
``domesticated animal'' is defined to distinguish such animals from
wildlife.
The Service, in order to clarify its requirements, is defining the
terms ``Accredited scientific institutions'' and ``Accredited
scientist.'' The term ``Accredited scientific institution'' is defined
to include any public museum, public zoological park, accredited
institution of higher education, accredited member of the American Zoo
and Aquarium 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 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.
In addition to the above changes, the term ``worn'' in Sec. 14.15
is being removed and replaced with term ``used'' in order to clearly
define when wildlife products are included within the personal baggage
and household effects exception to the designated port requirements.
The Service is making several administrative corrections within the
text of the regulations. 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) are being changed to read Sec. 14.93(c) and
Sec. 14.93(c)(1), respectively. These citations refer to 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
changed to include references to part 23: At Sec. 14.21, the exceptions
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
exception to export declaration requirements stating when a Service
export declaration (Form 3-177) is not required; and at
Sec. 14.92(a)(1) and 14.92(a)(2), 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 changing the age minimum in Sec. 14.22 for certain
antique articles to be consistent with changes in the Endangered
Species Act. The
[[Page 31851]]
Service is also adding in Sec. 14.21(a)(2) an exception to the
designated port requirements for live aquatic invertebrates of the
Class Pelecypoda (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. A
designated port exception is also added at Sec. 14.21(b) for pearls
imported or exported for commercial purposes.
The Service is also facilitating 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 is adding a new section, at Sec. 14.24, to be
entitled ``Scientific Specimens.'' This new section provides that dead,
preserved, dried, or embedded taxonomic or systematic collection
specimens may be imported or exported by accredited scientists or
scientific institutions by way of any Customs port or to be shipped
through the international mail. This exception, however, does 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
does 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.
The requirements for the clearance of wildlife, at Sec. 14.52, and
the refusal of clearance of wildlife, at Sec. 14.53, are being changed
to show the applicability of these sections to both exported and
imported wildlife. The provisions of Sec. 14.52 are being changed 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 being changed 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 is also being
changed to include as an additional basis for the refusal of clearance
the failure to pay an assessed penalty levied upon an importer or
exporter under part 11. Another significant change being made to
Sec. 14.53 is the establishment of a formal detention process for
wildlife or wildlife products, similar to that of the Customs Service.
The detention procedure is necessary in order for the Service to
determine the applicability of state or foreign law relating to
imported or exported wildlife, and/or to ascertain the validity of
foreign permits.
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 or when wildlife is to be inspected prior to
export.
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 amending 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 or accredited scientific institutions for taxonomic or
systematic research purposes.
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 changed 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 Customs entry system allow
entry documents to be filed electronically by an authorized Customs
broker using the electronic entry system. 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. 14.62(c) and adding a new paragraph at Sec. 14.6(d) to
provide an additional exception to the import declaration requirements.
New 14.62(d) provides 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 or accredited scientific institutions for taxonomic or
systematic research purposes. Instead, Form 3-177 must be filed within
180 days of importation with the appropriate Assistant Regional
Director for 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 is limited to
exchanges made by accredited scientists or accredited scientific
institutions and does not apply to any specimens or parts thereof taken
as a result of sport hunting. In addition, this exception does 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, or in situations involving non-accredited
scientists or institutions.
The Service's exceptions to import requirements in Sec. 14.62 also
are being changed to exclude, in addition to articles intended for
sale, articles or samples used as exhibits to solicit sales. In
addition, Sec. 14.62 is being revised to remove the incorrect reference
to an obsolete Customs Service form.
Section 14.63 sets 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
[[Page 31852]]
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 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, or in situations involving non-accredited
scientists or institutions. A Form 3-177 must be filed, however, 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 not 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
exchanges made by accredited scientists or accredited scientific
institutions and will not apply to any specimens or parts thereof taken
as a result of sport hunting.
In Sec. 14.64(a) the Service is adding an additional exception to
the export declaration requirements for live aquatic invertebrates of
the Class Pelecypoda (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
word ``live'' has been added to this exception to more accurately
reflect the Service's intent of applying to live specimens only. 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 also being made 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. The Service is also revising Sec. 14.81 to 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.
Section 14.91(c) establishes that persons engaged in certain
enumerated activities are required to hold an import/export license.
The provisions of this section are being changed and amended to reduce
any ambiguity 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 the
license requirements an exception for live aquatic invertebrates of the
Class Pelecypoda, (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 or exported for commercial purposes. Sections
14.92(b)(1) and 14.92(b)(2) are being amended to limit the existing
exception to the import/export license requirement for common carriers
and custom house brokers to instances where they are acting as
transporters or agents and not as the importer or exporter of record.
Inspection and License Fees
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. Service
uniform import export user fee schedules are currently set out at 50
CFR 14.93(f). With some exceptions, these inspection procedures are
required for all shipments of wildlife regardless of value, size of
shipment, or variety of regulated wildlife species, and therefore, are
equivalent in their demands upon work units of the Service. Because of
the nature of inspections and the administrative support required, a
direct correlation between the value of wildlife shipments 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.
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 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 a 1992 draft of the CITES
Implementation Study, prepared by Traffic, U.S.A., a wildlife trade
monitoring group associated with the World Wildlife Fund. One
recommendation consistently made in these studies is that the Service
should change 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 adjusting its fees for certain activities in
order to recover the actual costs of the services provided for all
commercial import/export activities. 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, 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 adjusting its fee schedules in order
to recoup the full cost of the import/export inspection program. The
new fee schedules are being moved to a new section, Sec. 14.94,
entitled ``Fees.'' First, the Service is requiring 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. Thus, the Service is
eliminating the yearly value exception in Sec. 14.92(b)(6). This is a
change from the current system in which only commercial importers/
exporters who import or export more than $25,000 in wildlife products
annually have been required to obtain a license. Second, the Service is
reducing the cost of an import/export license from the present rate of
$125 per year to $50 per year. Third, the Service is increasing 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
[[Page 31853]]
to the Service to process a shipment is approximately $55 per shipment.
Therefore, the Service is increasing the cost of this fee to $55 per
shipment to more realistically recover costs. Fourth, the Service is
increasing the administrative fee changed at non-designated ports from
$25 to $55, in addition to an hourly minimum fee, to recover its actual
costs and to make this fee consistent with the 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 make substantive changes to Title 50 CFR part 13
at a later time. The Service has changed the non-standard fee schedule
in Sec. 13.11(d)(4) to be consistent with the changes made to part 14.
Summary of Comments and Information Received
On Wednesday, September 14, 1994, the Service published, in the
Federal Register (59 FR 47212) a proposed rule revising Title 50 CFR
parts 13 and 14. In response to this notice, the Service received a
total of 568 comments from the public. These included: 14 from
academies, 13 from associations, 30 from companies, 11 from
congressmen, 106 from museums, 28 from societies, 17 from states, 107
from citizens, 163 from universities, and 70 from miscellaneous other
groups. Several of the comments received by the Service in response to
the proposed rule were either unrelated to the proposed changes or
resulted from lack of understanding of the current regulation, and are
not discussed below.
During the comment period, the Service received numerous inquiries
and comments from members of the scientific community. Members of the
scientific community were extremely concerned about the effects of the
Service's regulations upon the ordinary scientific exchange of
scientific specimens being shipped internationally through the mail or
by way of ports other than officially designated Service ports of
entry. Many expressed the concern that the Service's proposed
regulations would seriously discourage much needed scientific research
by adding significantly to its cost in dollars, hours worked, and
paperwork. The Service, in publishing its proposed rule of September
14, 1994, did not intend to make any substantive changes to the
existing requirements related to scientific specimens. The existing
requirements relating to the importation and exportation of wildlife at
Service Designated Ports, and the inclusion of invertebrates within the
definition of wildlife, remained unchanged.
The Service, however, has benefited from the many comments received
and is making additional changes to Part 14 to address the concerns of
the respondents. The numerous comments and inquiries received by the
Service have helped the Service identify the technical and procedural
problems associated with the present requirements in part 14, and those
problems contained in the proposed rule. The Service has already
acknowledged the need for some substantive changes and published in the
Federal Register (60 FR 15277) a supplementary proposed rule on
Thursday, March 23, 1995, allowing for scientific exchange. The
significant change is the addition of a new section at Sec. 14.24,
entitled ``Scientific Specimens'' that allows accredited scientists or
accredited scientific institutions to import or export, at any Customs
port or through the international mail system, dead, preserved, dried,
or embedded taxonomic or systematic collection specimens. This
exception would not apply to wildlife being imported or exported that
would require a permit under any of the Service regulations established
in Title 50, Code of Federal Regulations, parts 16, 17, 18, 21, 22, and
23.
Comments Pertaining to 50 CFR 14.4: Definitions
Comments
The Service received numerous comments on the definitions proposed
for inclusion within Sec. 14.4. Comments were received from a great
variety of interested persons on this section, including, numerous
scientists involved in importing or exporting scientific specimens for
taxonomic or biological control purposes, individual sportsmen and
sportsmen's organizations concerned with the importation or exportation
of sport-hunted trophies, commercial import/export businesses, and
``for-profit'' amusement parks importing or exporting live wildlife for
display purposes.
A significant portion of the comments pertaining to Sec. 14.4
concerned the Service's definition of ``commercial.'' This term is used
to clarify when a wildlife shipper is required to obtain an import/
export license, and when the personal baggage exception does not apply.
The proposed rule defines commercial to mean related to 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. A
presumption is also established within this definition to provide that
eight or more similar unused items will be considered by the Service to
be commercial use. This presumption specifically excludes such items as
antiques, collectibles, or curios. The effect of this presumption,
however, may be rebutted by the importer, exporter, or owner, or by the
Service.
Many scientists were of the opinion that the definition of
``commercial'' as written would have an adverse effect upon scientific
study by restricting the free exchange of scientific specimens among
researchers and systematic biologists. Another scientist noted that
systematic biology is a shared endeavor, that has as its basic
scientific data the natural history specimens that are maintained in
museums or similar institutions that are shared internationally by way
of scientific exchange.
Many respondents considered the presumption effect of this
definition to be inappropriate when applied to shipments of scientific
shipments such as insects. Some scientists characterized the definition
as a ``subjective determination'' that lacked all merit as applied to
invertebrates. Others saw the definition as having a ``vertebrate''
bias and thought that the regulations seem to be targeted to vertebrate
species and not invertebrates. The laws governing the traffic, loan,
and exchange of invertebrate scientific specimens, as one respondent
noted, should not be confused with commercial uses of wildlife.
Comments included the assertion that scientific specimens are not
generally imported or exported for profit or commercial gain, have no
commercial value or commercial use, and will often contain more than
eight similar items or scientific specimens within a shipment. Many
comments explained that an exchange of scientific specimens of insects
may contain many hundreds of specimens. Several other common themes ran
through many of the comments.
Service Response
The Service's definition of commercial has been misinterpreted to
apply to scientific exchange specimens. The Service acknowledges the
concerns of the many respondent scientists and has made changes to
accommodate scientific exchange in its final regulations by adding a
new section at
[[Page 31854]]
Sec. 14.24 allowing for certain exceptions to the designated port and
declaration filing requirements by accredited scientists and scientific
institutions. A definition of commercial is important to clearly
differentiate when a particular import or export is being done for a
commercial purpose, due to the obvious detrimental impact commercial
activity can have on wildlife populations. In many instances, items
intended for commercial sale or to solicit sales are declared as
personal effects. The effect of the presumption is merely to inform the
public that unless a person can prove otherwise, eight or more unused
items will automatically be considered a commercial shipment. Other
amounts can be considered commercial depending on the facts and
circumstances of each case. This definition was never intended to reach
taxonomic specimens since it was intended only to apply to wildlife
products and not scientific specimens.
Comments
One commercial exhibitor requested that the Service amend the
definition of commercial to include what the respondent termed ``the
use of any wildlife article as an exhibit for the purpose of soliciting
sales thereof.'' Another respondent from the business community
suggested the ``presumed commercial'' number be reduced from 8 to 3,
and further suggested that the Service include a value limit of
$5,000.00 for any individual wildlife item being imported or exported.
Another commenter from the wildlife import/export industry, questioned
whether wildlife items, imported for display at trade shows or as a
sample, would necessarily be considered a commercial importation under
what the respondent termed the ``eight or more'' commercial
presumption, if the item(s) themselves were not intended for sale. One
respondent requested that the definition of commercial be revised to
include a presumption that cataloged specimens, transported from one
research institution to another, are not commercial. Several
respondents suggested that such scientific collections be considered
``collectibles'' and therefore exempt from what was characterized as
the ``rule of eight'' commercial shipment presumption standard.
Service Response
The Service's intent was to clearly include samples used to solicit
sales within the definition of commercial, because of the obvious
commercial intent. Items used as exhibits in order to solicit sales are
clearly being transferred for a commercial purpose, although the
individual items may not actually be sold, they are being imported or
exported for a commercial purpose. The Service will keep the commercial
presumption at eight. This presumption number merely serves as a
threshold point and gives the public some notice of when the Service
will view their imports or exports as presumptively commercial. Again,
other lesser amounts can be determined to be commercial based upon the
facts and circumstances of each case. The Service will evaluate such
indicators of commercial intent such as the value, condition, the
purpose of the import etc., in making its determination.
Comments
Several comments were received from wildlife professionals
commenting in an unofficial capacity, regarding the exception provided
for antiques, collectibles and curios, within the proposed definition
of commercial. One individual noted that there has been an increase in
the commercial trade of such wildlife items, which in the commenter's
opinion, may encourage certain individuals to attempt to circumvent the
applicable declaration requirements and inspection fee by falsely
claiming this exception. The Service, however, also received extensive
comments from representatives of wildlife user groups suggesting that
additional exceptions be added within the definition of commercial for
such articles as antiques, collectibles, and curios that are presently
not included.
Service Response
The Service has considered the above comments carefully and agrees
with the commenters suggestion to eliminate the exception in the
definition of commercial for antiques, collectibles and curios, for the
following reasons. The Service believes that the commenter is correct
in stating that the trade in antiques, collectibles and curios
containing wildlife products is on the increase. Importers of antiques,
collectibles or curios containing wildlife which are subject to the
provisions of this part should be required to rebut the same commercial
presumption, for quantities of 8 or more, as importers of wildlife
products not considered to be antiques, collectibles or curios. the
intent of the commercial definition is to advise the public that the
Service will consider an importer to have commercial intent when
importing eight or more similar unused items containing wildlife, in
order to discourage commercial dealers from using the personal effects
exemption contained at Sec. 14.15 to circumvent declaration and license
requirements. This definition was proposed by the Service to address
the enforcement problem of wildlife dealers, including dealers in
antiques, curios and collectibles, using the personal effects exemption
improperly. The Service finds serious inequity in allowing dealers in
these items an exception in the definition of commercial while not
allowing exceptions for other commercial dealers. The Service has
removed this exception from the definition of commercial. Importers of
eight or more similar unused wildlife products will be considered
uniformly by the Service and will be required to rebut the same
presumption regardless of the wildlife being imported being classified
as an antique, curio or collectible. The Service has considered the
fact that removing this exception from the definition of commercial
will increase the volume of wildlife products being viewed as having
potential commercial intent and requiring additional attention by
Service personnel. This manpower consideration is, in part, what
prompted the inclusion of an exception in the definition of commercial
in the proposed rule initially. However, upon further review, the
Service believes that having a threshold number of eight before the
commercial presumption is triggered will eliminate many shipments from
requiring more detailed inquiry from Service personnel. This change to
the definition of commercial will relieve Customs and Service personnel
from defining ``antique, curio or collectibile'' (for purposes of the
commercial definition), will not change the ability of noncommercial
importers to rebut the commercial presumption if they are importing
eight or more similar items, and will make the Service's intent, of
requiring all commercial dealers to obtain import/export licenses and
declare their shipments, less ambiguous.
The commenters suggestion of not excepting antiques from the
definition of commercial has also been considered by the Service. The
Service believes that Sec. 14.22, Certain antique articles, adequately
addresses the importation of bona fide antiques containing endangered
or threatened species. The Service believes that to include an
additional exception in the definition of commercial for antiques is
unnecessary. Those antiques not containing endangered or threatened
species will be presumed commercial if eight or more similar items are
imported, requiring the importer to rebut the
[[Page 31855]]
commerical presumption, similar to importers of collectibles and
curios.
Comments
Several commenters expressed concern that their particular activity
involving the import and export of wildlife would be considered
``commercial'' using the Service's definition of commercial in the
proposed rule.
Service Response
Without exception, the Service intends that any activity meeting
the definition of commercial contained in Sec. 14.4 will be considered
as such and will require the individual or business to obtain an
Import/Export License. However, the use of the new definition of
commercial is not the only criteria which the Service uses to determine
if an Import/Export License is required. The current Sec. 14.91(a),
which is not being changed in this rulemaking, requires anyone
``engaging in business as an importer or exporter of wildlife'' to
first obtain a valid import/export license.
Comments
One representative of a hunting/conservation group expressed the
opinion that within the definition of commercial there should be an
additional exemption for ``personal use sport hunted trophies.'' Sport
hunted trophies as the respondent explained will often number more than
eight items and should be entitled to a presumption of being a
noncommercial import or export.
Service Response
The Service recognizes that the importation of most sport hunted
trophies are for personal use. However due to the fact that some sport
hunted trophies are of a commercial nature, the Service feels that a
categorical exemption is not warranted.
Comments
Many respondents proposed specific changes or additions to the
definitions provided to address their particular activity. One
respondent suggested that the Service define the terms ``item of
wildlife'' and ``similar unused items'' to exclude scientific
collection of invertebrates. Other respondents questioned whether the
word ``similar'' was to be defined by either Class, Family, Species,
Subspecies or some other classifying factors. Another respondent
representing a large animal advocacy group suggested that ``items of
wildlife'' and ``similar items'' do not adequately address shipments of
live animals and should be amended to read ``shipment of eight or more
similar items or live wild animals.''
Service Response
The Service believes that the terms to be used in the Definitions
section should be interpreted in the broadest sense and assigned their
common ordinary meaning. The Service does not see any merit in
attempting to define terms so narrowly as to apply only to one specific
activity or circumstance.
Comments
Although most respondents opposed the adoption of the commercial
presumption as written and its application to all wildlife being
imported or exported for scientific purpose, some respondents supported
the proposal. Most notably, one respondent expressed the opinion that
all such shipments should be uniformly considered commercial with the
burden of proof being placed upon the importer, exporter or owner to
clearly demonstrate otherwise.
As the respondent further elaborated, this is especially applicable
to situations where commercially traded highly priced wildlife and
wildlife products are imported or exported in small quantities.
Service Response
The Service continues to believe that there is a strong rationale
and basis for the application of the presumption provided in the
definition of commercial.
Comments
The Service received a few comments on the definition of export.
One broker, concerned about the definition of export in Sec. 14.4,
noted that the single act of presenting a shipment by a broker or
exporter to a Service Wildlife Inspector for export should not
automatically constitute an export or attempt to export as proposed by
the Service. The respondent further emphasized that there are occasions
when the required documentation or tags for the export of wildlife is
only discovered to be missing after the wildlife has been presented for
export clearance. This, the respondent maintained, has subjected
exporters to civil and or criminal penalties, even where such omissions
are due to innocent behavior and no illegal act was attempted. The
respondent suggested that the exporter and the Service should be given
an opportunity to mutually determine whether a particular shipment has
met all the legal requirements.
Service Response
The burden of presenting the proper documentation is clearly upon
the importer or exporter of record. The effect of the Service
regulations is merely to establish when an item is an export or import.
In the case of imports the Service will only have access to items when
those items have been imported. The Service is also required to inspect
shipments of wildlife being exported. In such situations the status of
the item needs to be clearly understood for declaration filing and for
validation of CITES permits. The Service's intent was to clearly define
when an item has become an export, all allow the public to ascertain at
what point in the shipping process the Service considers a wildlife
item to be exported. For example, the Service would consider the
consignment of goods to a common carrier destined for a point outside
the United States as an attempt to export.
Comments
Responses were received concerning the definition proposed in
Sec. 14.4 for Domesticated animals. Several respondents requested the
inclusion of particular species within the list provided of recognized
``domesticated animals.'' One respondent suggested the inclusion of
such vertebrates as the corn snake, rat snake, king snake, milk snake,
bearded dragon, leopard gecko, garter snake, and others. Another
importer suggested the Service include within its list several
additional species of reptiles and amphibians such as the prairie king
snake, clawed frog, alligator, red-eared slider, bullfrog, and leopard
frog. One respondent requested that the Asian water buffalo and the
bactrian camel also be included.
Service Response
The list of domesticated animals incorporates Service policy which
was developed over a substantial period of time. This list represents
many of the most commonly seen species that have been domesticated
historically. The list was never intended to be all inclusive and many
additional species could be added. The Service will reevaluate the list
on a periodic basis. The Service has reviewed the suggestions made and
has determined that the domesticated animals definition will remain as
proposed, with the exception of the addition of honeybees.
Comments
A few comments were received that concerned the list of
domesticated birds contained within the definition of domesticated
animals in Sec. 14.4. One respondent suggested the Service
[[Page 31856]]
further explain what was meant by the descriptive words ``Ducks and
geese--domesticated varieties.'' Another respondent requested that the
Service delete from the list of domesticated birds the word domestica
from the scientific name Columba livia domestica.
Service Response
The terms, ducks and geese--domesticated varieties, means common
varieties of ducks and geese that are raised in animal husbandry and
are not commonly found in the wild. The scientific name ``domestica''
is intended to indicate that the Service considers only domesticated
varieties of this species to be domesticated animals.
Comments
One respondent was concerned with the Service list of domesticated
fish categorized as domestic for export purposes only. This list, as
the respondent noted, includes domesticated carp and goldfish. The
respondent was concerned about the effects of such classification for
there has been an increased number of smuggling cases of fish that are
falsely marked as goldfish. The respondent suggested that a wildlife
declaration form, 3-177, should be a minimum requirement for the import
or export of such items. A few respondents were concerned with insects
listed as domesticated. One respondent suggested adding honeybees, with
the exclusion of the Africanized honeybees, to the list of domesticated
insects.
Service Response
The Service is cognizant that any exemption to its inspection and
clearance requirements may be perceived as an opportunity for persons
to smuggle. The Service, however, is prepared for such eventualities
and will periodically spot check the trade in such items to ascertain
the degree of compliance. The Service does not believe that the
regulation of such exempt items is warranted at this time. The Service
does, however, see merit in the suggestion of adding honeybees, not to
include africanized honeybees, to the list of insects exempted from
inspection and clearance. Honeybees do not represent an enforcement
concern for the Service, are considered to be ecologically beneficial
insects that are not endangered or threatened or proposed for such
listing under the Endangered Species Act, and have historically been
domesticated. In response to the comments received, honeybees have been
added to the list of domesticated insects at Sec. 14.4.
Comments
A significant number of comments were received from the scientific
community regarding the shipment of scientific specimens in the form of
taxonomic or systematic collections via the U.S. and international mail
systems. Most respondents expressed great concern that without this
method of shipment the U.S. scientific community would become isolated
from foreign institutions. This would result, according to the
respondent, in the scientific community becoming unwilling and
economically unable to ship scientific materials to the United States
for research purposes. Most respondents felt that an exemption should
be included within the definition of commercial in Sec. 14.4 or at
Sec. 14.55 for bona fide research specimens.
Many respondents were troubled by the Service's failure to define
the terms ``bona fide research institution'' and ``scientist.'' Many
respondents specifically requested that the Service define the terms
``scientific institution'' and ``scientific collection'' by regulation
and provide such entities an exception to the marking and clearance
requirement of part 14. One respondent suggested that the term
``Research Institution'' should be defined to include any institution,
organization, or agency established for the purpose of conducting
scientific biological research and educational activities, that is
eligible for registration as a scientific institution by the Management
Authority of the CITES Conference 2.14 standards for registration of
scientific institutions.
Service Response
The Service, as mentioned earlier in the discussion, has taken
steps to clarify its requirements as they pertain to scientific
specimens. The Service does not use the term ``bona fide research
institution'' and has defined the terms accredited scientific
institution and accredited scientist. The Service has made several
changes in its regulations to provide an exception for dead, preserved,
dried, or embedded scientific specimens in Sec. 14.24. The Service is
also providing an exception to its clearance requirements in
Sec. 14.55, an exception to import declaration requirements in
Sec. 14.62, and an exception in its export declaration requirements in
Sec. 14.64 for such specimens in response to commenters concerns.
Comments
Several respondents were opposed to the Service providing any
special status to bona fide scientists or scientific institutions. One
respondent noted that much valuable research has been done by
``amateurs'' such as Charles Darwin and James Audubon and that the
ability of such persons to continue their valuable work should not be
hindered and that they too should be included within the definition of
``scientist.''
Service Response
The Service provided for this exemption because it did not intend
to interfere with the work of accredited scientists engaged in
scientific pursuits. The Service was faced with the problem, however,
of how it could provide for scientific exchange yet maintain oversight
and differentiate such exchange from commercial shipments. The Service
acknowledges that much important work in the natural sciences has and
continues to be done by independent collectors and researchers, many of
which lack formal degrees in science. Amateur scientists, however, can
seek and obtain accreditation for their work from such institutions as
defined, or can simply comply with the requirements of this part. The
Service believes this to be a proper and reasonable alternative in view
of the recent trend of commercial sale of insects, particularly,
species of butterflies and beetles. The Service arrived at what it
believed was a fair standard in providing for such exchange by
accredited scientists working with accredited institutions.
Comments Pertaining to 50 CFR 14.12 Designated Ports
Many comments were received concerning the use of designated ports
for the import or export of wildlife and the shipment of wildlife items
through the U.S. mail. Many respondents requested that the shipment of
scientific specimens through the mail be made exempt from the
designated port and border port requirements for wildlife. Many
respondents were concerned about the anticipated economic hardship if
the shipment of scientific specimens were limited to Service designated
ports for clearance and the ordinary use of the mail was restricted.
One respondent suggested that the scientific specimens should be
included within the revised Sec. 14.15, or that Sec. 14.31(b)(4) be
rephrased to read: ``The port(s) of entry, including all ports of entry
for international mail, where importation or exportation is requested *
* *.''
[[Page 31857]]
Service Response
The Service acknowledges the concerns scientists have about the use
of the mail and has provided a limited exemption explicitly at
Sec. 14.24.
Comments Pertaining to Sec. 14.15: Personal Baggage and Household
Effects
One respondent requested that the Service define the terms
``household effects'' and ``residence.'' One representative of a
scientific institution requested that the Service include scientific
specimens within the existing provisions of Sec. 14.15 that provide for
personal baggage and household effects. This, as noted by the
respondent, would allow scientific specimens contained in a person's
personal baggage or household effects to be imported or exported at any
Customs port of entry and would help to avoid any confusion regarding
certain scientific specimens, particularly bird and mammal skins, being
considered ``raw or dressed fur, raw, salted, or crusted hide or
skin.'' These, as the respondent noted, are specifically excluded at
Sec. 14.15(b) from this exception to the designated port requirement
for imported or exported wildlife.
One respondent representing a falconry association requested that
falconry birds, lawfully held pursuant to a permit under 50 CFR 21.28
and 21.29 be included in the ``personal baggage exemption'' for
temporary imports and exports when such imports and exports are to
Mexico or Canada for recreational sport hunting purposes.
Service Response
The Service finds no merit in the above suggestions. The provisions
of Sec. 14.15 were intended to cover only certain kinds of wildlife
products and manufactured articles not intended for sale and used as
clothing or contained in personal baggage, or such products and
articles as mounted game trophies or tanned hides which are a common
part of a shipment of household effects. These exceptions to the
designated port requirements were never intended to apply to live
wildlife, or to wildlife requiring a permit, even if the intended use
is of a scientific nature. Live wildlife, and wildlife covered under
the provisions of 50 CFR parts 16, 17, 18, 21 or 23, require a higher
level of oversight by the Service.
Comments Pertaining to 50 CFR 14.21 Shellfish and Fishery Products
One respondent expressed some concern about the harvest and export
of freshwater mussel shells within the Class Pelecypoda. Although the
amendment as proposed in Sec. 14.21(a)(2) specifically states ``aquatic
invertebrates of the Class Pelecypoda,'' the respondent felt that there
would be some confusion by the public and the courts. The respondent
suggested that the Service identify what freshwater species of aquatic
invertebrates are not exempt.
Service Response
The Service finds no merit in the above suggestion in view of the
burden of codifying thousands of species of aquatic invertebrates when
comparatively few species are being exempted.
Comments
Another respondent recommended changes to Sec. 14.21(b) Pearls,
suggesting that this part should be expanded to include both import and
export by including ``pearls imported or exported for commercial
purposes may enter or leave.''
Service Response
The Service finds merit in this suggestion in that it points out a
deficiency in the proposed language of the exception. The Service's
intent in referencing Pearls under the shellfish and fishery products
exemption at Sec. 14.21 is to grant the same exemption to pearls as is
currently given fishery products for human consumption, which includes
exemption from the designated port requirement and declaration
requirement for exports. The addition of Sec. 14.21(b) is intended to
codify Service policy on pearls issued in March 1985, in which pearls
would be considered shellfish and fishery products. The language at
Sec. 14.21(b) will be changed in this final rule to reflect the intent
of the Service to exempt pearls exported for commercial purposes.
Section 14.21(b) will be modified to read ``pearls imported or exported
for commercial purposes may enter or exit the United States at any
Customs port of entry.''
Comments Pertaining to 50 CFR 14.22 Certain Antique Articles
Under the provisions of Sec. 14.22 as revised, any person may
import any article, other than scrimshaw, that is at least 100 years
old, and is composed in whole or in part of an endangered or threatened
species listed under 50 CFR 17.11 or 17.12, and has not been repaired
or modified with any part of any endangered or threatened species.
Under this section, such importations are authorized to occur at any
port designated by Customs for the importation of such antique
articles. Several comments were received in regards to this section.
One respondent recommended that this section be amended to include both
importations and exportations. The respondent suggesting addition of
text to the section to provide that ``Except for antique items
requiring a permit pursuant to part 23, any person may import or export
at any port * * *.'' One respondent recommended that the exemptions for
certain antiques in Sec. 14.22 be completely eliminated and noted as a
basis for making this recommendation the apparent increased commercial
trade in such items. A concern expressed by one respondent was that
certain dealers would attempt to circumvent the declaration requirement
and inspection fee by falsely claiming the exemption. Another
respondent who was similarly concerned noted that as proposed this
section would allow the importation of antique elephant ivory.
Service Response
The Service has carefully considered these comments and responds by
noting that the exemption at Sec. 14.22 is intended to only apply to
the import of certain antique articles. The statutory exemption
contained at 16 U.S.C. 1539(h) is specific in granting the exemption
only to imports. To authorize export of certain antiques under this
Section would clearly be beyond the Service's statutory authority. This
section, however, does not prohibit persons from applying for a permit
to export certain antique articles containing endangered species from
the United States under the provisions of 16 U.S.C. 1539(f). It is
clearly the intent of the Service that antique articles containing
parts of species now listed as endangered or threatened and meeting
certain standards be exempt from the designated port requirement. With
respect to the commenter's suggestion of eliminating the exemption in
this part for certain antiques, collectibles and curios, the Service
believes it has addressed the issue that many of these items are
destined for commercial markets by removing the exemption for antiques,
collectibles and curios from the definition of commercial. The Service
believes that it has adequately and reasonably addressed this issue.
With respect to the commenter's suggestion that the revision to
Sec. 14.22 will allow the importation of antique elephant ivory,
antique ivory is already allowed to be imported under provisions of the
African Elephant Conservation Act.
[[Page 31858]]
Comments Pertaining to 50 CFR 14.52 Clearance of Wildlife
Many respondents expressed some concern about the effects of
physical inspection on fragile scientific specimens by Service Wildlife
Inspectors. Many of these respondents strongly recommended that the
transfer of scientific collections between ``accredited scientific
institutions'' be made exempt from the inspection and clearance
requirements. One scientist suggested that if documents are provided
for non-protected species then actual physical inspection of such
specimens should not be required. Several environmental education and
animal advocacy groups expressed contrary views and were insistent that
all shipments of wildlife be physically inspecte4d prior to clearance.
On a related issue, many representatives of animal welfare
organizations were concerned with the adequacy of the Service's
inspection program and expressed the view that all shipments,
particularly importations and exportations of live wildlife, should be
physically inspected.
One representative of an entomological society was concerned with
what the respondent perceived as the Service's increased, burdensome
regulations upon entomologists. The respondent further noted that the
Service's regulations as proposed would require the hiring of brokers
and agents to facilitate the shipment of scientific specimens through
Service designated ports. The respondent also noted that such
requirements will significantly increase the costs of scientific
exchange.
Service Response
The Service has responded to these concerns raised by the
scientific community in the provisions added at Sec. 14.24. This
section provides for an exception to the designated port requirement
and extends the declaration filing requirements of dead, preserved,
dried, or embedded scientific specimens, not requiring a permit, that
are imported or exported by accredited scientists or accredited
scientific institutions.
Comments
Other respondents were concerned with Sec. 14.52(c)(3), which
requires the importer to make available to the Service all permits and
documents required by the laws or regulations of any foreign country
prior to obtaining clearance by the Service. Many respondents were
concerned about the detainment and possible seizure of cargo while the
Service determines the permits and documentation required by a foreign
country.
The Service proposed to add a paragraph at Sec. 13.52(c)(5) to
provide that the Service will require ``any documents and permits
required by the country of natal origin of the wildlife'' to be
provided upon importation or exportation. Many respondents were
concerned with problems in establishing the ``country of natal origin''
of wildlife. Several respondents were concerned with the scope of this
additional documentation requirement. The respondents noted, that
importers and exporters would be required to obtain export licenses,
captive-breeding certificates, or breeding licenses from the ``country
of natal origin.'' Some respondents were concerned about potential
challenges to foreign permits and the procedures that would become
necessary to establish the validity of such permits and other
documentation. Many importers expressed concern with ``country of natal
origin'' requirements and believed that it would often be impossible to
determine what documentation was required. Several respondents
anticipated problems in obtaining the required documentation and were
concerned that shipments may be detained and seized under the
procedures specified in Sec. 14.53(a). One respondent was concerned
about having to obtain documents and permits from foreign governments
within the proposed time period. The respondent recommended that a
mechanism be provided for the granting of extensions. Several
respondents asked: if wildlife is currently to be exported legally, why
should additional documentation be required? It would be difficult,
noted one respondent, to obtain documents and permits from the country
of natal origin for ``thousands of specimens.'' Another respondent
suggested that this requirement should be maintained for endangered
invertebrate wildlife but believed such a requirement to be unworkable
when applied to non-protected species.
Service Response
The Service has historically required, and will continue to
require, the importer of record to satisfy the provisions of Sec. 14.52
by supplying those items listed under paragraph (c), in order for the
Service to make a determination as to the legality of the wildlife or
wildlife products being imported. It is clearly the position of the
Service that those individuals engaged in importing wildlife or
wildlife products into the United States make reasonable efforts to
determine lawful origin of the wildlife or wildlife products and to
ensure compliance with applicable foreign law. It is also the intent of
the Service to detain shipments containing wildlife or wildlife
products when compliance with foreign law is in question. Questions
will arise as to the status of a shipment under foreign law or CITES
when the importer of record fails to supply the Service with permits or
other documentation which are known or suspected by the Service to be
required by a foreign country. In some instances it may require an
additional amount of time (in excess of 30 days) for the Service to
verify the requirements of a foreign country when a shipment is
questioned, in which case the revision to Sec. 14.53(a) allows, for the
extension of the 30 day provision to ``a longer period if specifically
stated.''
The Service's intent in modifying Sec. 14.52 is to clarify for the
public what documentation the importer of record is required to supply
upon requesting clearance for imported wildlife and wildlife products.
In proposing to require documentation from the ``country of natal
origin'' the Service was attempting to address the enforcement concern
of wildlife being unlawfully exported from an originating country in
violation of an existing ban on exports, or in violation of a foreign
law designed to regulate the export of such wildlife, and its
subsequent re-exportation from a secondary country to the United
States. The Service is bound by domestic law and international treaty
to ensure compliance with foreign law. The Service finds merit,
however, in the comments submitted. The Service recognizes that
determining the natal origin and requiring documentation for each
successive importation and re-exportation of wildlife may impose an
unreasonable burden on importers and Service personnel. In response to
these concerns the Service will revise Sec. 14.52(c)(5) to read: ``Any
documents and permits required by the country of export or re-export of
the wildlife.'' This revision will allow the public to more easily
determine when they have met the requirements imposed by CITES or of
foreign law. However, this revision will not completely relieve the
importer of the burden of providing proof of lawful export in
circumstances where wildlife is coming from a country known to the
Service to have a ban on the export of such wildlife, even if coming
through a re-exporting country. In those circumstances the importer may
be required to show proof of lawful export from the ``country of natal
origin'' to the country of re-export or to the United States. In
response to the comments received, the Service has
[[Page 31859]]
determined that it would be unreasonable to require country of natal
origin documentation with every importation, especially in the absence
of reasonable suspicion of unlawful export from the country of natal
origin. This Section has been appropriately revised in this final rule.
Comments Pertaining to 50 CFR 14.53 Detention and Refusal of Clearance
The Service has proposed several amendments to the Refusal of
Clearance section in Sec. 14.53. Many respondents were concerned about
the new detention and refusal of clearance requirements in
Sec. 14.53(a) and the process by which a detention becomes a formal
seizure. In general, this new section provides that any Service officer
may detain imported wildlife in accordance with established procedures.
The Service, however, will provide notice of the detention containing a
description of the wildlife involved, and the basis for the detention,
and describe the general nature of the tests or inquiries to be
conducted during the detention. This section also provides that if the
legality of the wildlife has not been determined within 30 days after
the date of notice, or other period as stated, that the wildlife shall
be deemed to be seized and no further notification of seizure will be
issued. This requirement is intended to establish a limit to the
duration of any detention by the Service of wildlife items being
imported or exported and to specify when such detention may be given
the status of having been seized for the purposes of filing an appeal.
The effect of this change is to clearly distinguish at what point an
ordinary detention of wildlife for purpose of inspection, clearance, or
identification can be regarded as having been seized.
One representative of the pet industry thought the proposed
conversion, from a detention to a ``formal'' seizure would violate
Constitutional Due Process requirements. Another respondent was
concerned that the 30-day seizure rule could be manipulated in the
Service's favor by dragging its feet. This respondent was also
concerned that detained property, that later became a seizure, would be
disposed of without further notice to the importer. Another wildlife
exhibitor expressed concern regarding the detention of large animals
without providing the shipper the opportunity to respond ``within a
reasonable period of time'' after being notified.
Service Response
The Service does not intend for any of the changes in Sec. 14.53 to
discourage dialog between an importer and the Service during a period
of detention. The importer of wildlife being detained would be free to
offer, in good faith, any information documentary or otherwise, to
assist the Service in its inquiry of the legality, identity, or origin
of wildlife or wildlife products being imported.
Comments
Another respondent requested that formal detention criteria be
established similar to the criteria outlined for refusal of clearance
in Sec. 14.53(b). The respondent noted that without such guidelines
there would be significant inconsistencies in the application of
detention and the potential for abuse. One representative of the
wildlife import/export industry remarked that although there are
guidelines provided for the Service's ``refusal of clearance'' of
wildlife shipments, there are no such guidelines for the ``detention''
of wildlife.
Service Response
Guidelines are offered in this section for refusal of clearance due
to a refusal being of a direct nature which could lead to the immediate
seizure and initiation of forfeiture action or other appropriate action
by the Service. Detention of wildlife or wildlife products being
imported is merely a formal inquiry period whereby the Service
establishes the status of a given shipment. The Service believes that
providing for a formal detention period giving the importer or exporter
time in which to comply with Service requirements is reasonable, given
the alternative of refusing clearance on the shipment, and possibly
seizing it and seeking forfeiture. The myriad circumstances which would
give rise to some reasonable suspicion and would then dictate formal
detention are so numerous and variable that the Service needs some
flexibility in its application of detention. In general, goods will be
detained either to identify the wildlife being imported, or to verify
foreign permits presented for clearance. The Service would note that
specific guidelines for seizure and forfeiture of imported wildlife and
wildlife products are contained at 50 CFR part 12.
Comments
One respondent suggested that the Service amend the proposed
changes to Sec. 14.53(a) by adding safeguards found in Customs law
found at 19 U.S.C. 1499. Specifically, the respondent requested that
the Service add two phrases: ``the anticipated length of the
detention''; and ``what information should be furnished by the importer
or consignee that may accelerate the disposition of the detention.''
Service Response
This section will require the Service to inform the importer or
consignee of the maximum period of detention, after which the wildlife,
if not released, will be considered seized. As stated, the Service is
willing to accept any information, offered in good faith, that the
importer or consignee can provide to assist in determining the status
of imported wildlife. However, the Service does not want to require
information to be submitted by the importer in each detention
circumstance, since detention frequently involves communication between
the Service and foreign governments in document verification, which is
beyond the control of the importer or does not require input from the
importer.
Comments
Several respondents suggested that the text of Sec. 14.53(a) be
amended to provide for the detention for both imported and exported
wildlife. Another respondent suggested adding APHIS inspectors to those
officers vested with the authority to detain wildlife shipments. The
respondent noted that APHIS has the authority to regulate CITES plant
material under part 24 and on those occasion when Customs or Service
Inspectors are not available, APHIS Inspectors are available to detect
shipments which need Service attention. Many respondents were concerned
about the storage of detained wildlife. Other respondents were
concerned about who would be responsible for the storage costs incurred
as a result of the Service detaining an importation and whether, in the
case of live wildlife shipments, they would be stored in adequate
facilities.
Service Response
The USDA, in particular APHIS, unlike the Customs Service has not
been granted authority in this regulation to detain wildlife shipments
for the Service. Although the USDA provides valuable assistance to the
Service in detecting shipments containing wildlife, only the Customs
Service is authorized to act in the absence of Service personnel.
The Service clearly intends for the cost of storage or demurrage of
shipments in a formal detention status to be borne by the importer or
owner of those goods as is customary with other regulatory agencies
such as the Customs Service.
[[Page 31860]]
Comments
Several respondents were concerned about Sec. 14.53(b)(2). This
paragraph provides that 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 the correct identity and country of
origin of the wildlife has not been established. This paragraph further
provides that in such cases the burden is upon the owner, importer,
exporter, consignor, or consignee to establish such identity by
scientific names 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. Several respondents expressed concern with the
addition at Sec. 14.53(b)(5), which provides that the Service, or any
Customs officer acting under Sec. 14.54, may refuse clearance of
imported or exported wildlife when there is reasonable grounds to
believe that any fee or assessed penalties against the importer or
exporter under part 11 of this chapter have not been paid. A few
respondents felt that they would be penalized for exercising their
right to contest a civil or criminal penalty which had previously been
assessed.
Service Response
The Service has carefully considered these comments and believes
that nothing in the amendment to Sec. 14.53 will actually deny any
individual the right to contest or appeal a civil or criminal penalty
levied against them. The Service finds merit, however, in the
commenter's concern that this Section may appear to be coercive, and
would discourage an importer or exporter from exercising their right to
file an appeal under part 11. In response to the commenter's concerns,
and to clarify for the public when the Service will or will not
exercise its authority under Sec. 14.53, the Service will further
revise this section to read that the Service will refuse clearance for
non-payment of assessed penalties, except for those assessments on
appeal. The revised Sec. 14.53(b)(5) will read as follows: ``Any fee or
portion of balance due for inspection fees required by Sec. 14.93,
14.94, or penalties assessed against the importer or exporter under 50
CFR part 11, has not been paid. This paragraph shall not apply to
penalty assessments on appeal in accordance with the provisions of part
11.''
Comments Pertaining to 50 CFR 14.54 Unavailability of Service Officers
Many respondents were concerned with Service proposals to change
Sec. 14.54(a). Several scientists thought the requirement to notify the
Service 48 hours in advance of importations and exportations was
impractical for such shipments are often times made on a continuous
basis during the scientific field work season. One Service employee
responding in a private capacity noted that the Service in
Sec. 14.54(a) needs to expand or define the term ``conditional
release'' as it relates to shipments released to importers prior to
clearance. Another respondent noted that the phrase ``within a
reasonable time'' could be subject to differing interpretations if it
was not better explained or defined. One respondent noted the proposed
amendments changed the word ``if'' to ``where'' in the phrase ``where a
Service officer is not available.'' The respondent further remarked
that at designated ports Service officers are available. One wildlife
professional commenting in a private capacity suggested that the 48
hour notification should be required to be made during normal business
hours. Another respondent suggested that to cover weekend and holidays
the 48 hour notification should be increased to 72 hours. Importers, as
one respondent explained, often do not receive notice of importations
until 12 hours prior to the importations. Another respondent claimed
that wildlife importers are often not notified of the arrival of such
shipments until after they are in route. One respondent suggested that
in such circumstances a ``special inspection fee,'' similar to that
assessed for overtime fees, should be charged to provide for these
unscheduled inspections.
Service Response
The Service has carefully reviewed these comments and notes that
the revisions to Sec. 14.54(a) do not apply to every importation. This
section is intended to apply to circumstances involving import of live
or perishable wildlife or wildlife products or when inspection is
requested at the time of arrival. The Service believes that businesses
dealing in perishable wildlife or wildlife products at least
contemplate the arrival of shipments within a 48 hour time frame, which
would allow for Service notification. The Service is attempting to
provide an increased level of service to those persons dealing in live
or perishable wildlife or to those whose shipments must be expedited
upon arrival. The Service cannot provide this level of response, if
some form of prior notification is not given. The Service will keep the
notification requirement at 48 hours for affected imports.
Comments
Many other comments were received concerning the proposed provision
to require that the Service be notified and the shipment be made
available for inspection 48 hours prior to exportation. Several
respondents from the Alaskan fur trade anticipated problems with the
Service notification requirement.
The lack of basic communication, as one respondent explained, from
the ``bush,'' the prevalence of ``multi-carrier'' methods of shipments
originating with small bush carriers, and the usual delays caused by
weather are all significant factors which would complicate or inhibit
individual compliance with such notification requirements. Several
representatives of the wildlife import/export industry thought the 48
hour advance notice for exportations in Sec. 14.54(f) was unreasonable,
particularly when notice is given to a Designated Port during normal
working hours. Several other respondents agreed with the 48 hour prior
notification for exports in Sec. 14.54(f) but believed it would not be
possible to make shipments of live perishable wildlife available for
inspection 48 hours prior to shipment. One respondent requested that
the term ``time of exportation'' be made clearer and suggested that the
term be revised to read ``the scheduled time of departure'' of the
vehicle, vessel, or aircraft from the port where the shipment was
presented for inspection. One commenter believed that such a
requirement would be detrimental to the welfare of live wildlife. The
respondent suggested that the proposal be amended to provide for a 24
hour notice and to require that the shipment be made available for
inspection at least five (5) hours prior to shipment. One respondent
representing a sports hunting and conservation organization expressed
concern with the term ``perishable'' and asked if salted or dried skins
and sport hunted trophies would be considered as perishable wildlife.
The respondent further noted that without a more specific definition of
the term, there would be inconsistencies in the interpretations made by
individual Wildlife Inspectors. One respondent was particularly
concerned that Sec. 14.54(f) did not include the same provision for
``when Service officers are not available'' as does Sec. 14.54(a). The
respondent noted that in situations when a shipment is prepared for
export
[[Page 31861]]
and the Service is unavailable to inspect it, there should be a
provision to allow the shipment to be sent without physical inspection
by the Service so as not to incur additional fees and charges.
Service Response
The Service believes that the 48 hour notification requirement is
reasonable in view of the ability of Customs Officers to act on behalf
of Service Officers under the authority of Sec. 14.54 when Service
Officers are not available, and the provision under Sec. 14.54
requiring clearance by a Service Officer ``unless expressly authorized
otherwise.'' This last provision will allow for clearance of exports
without physical inspection in unusual situations. The Service is
attempting to maintain effective oversight while allowing for clearance
in those situations in which an export would be delayed an unreasonable
period of time waiting for physical inspection, or in which an officer
is not available. The 48 hour notification becomes particularly
important, in view of the requirement to obtain clearance prior to
export, when dealing with live wildlife. The Service cannot maintain a
high level of service, maintain oversight, and avoid unnecessary and
costly live wildlife mortality, without some prior notification of the
intent to export. The Service will not automatically consider salted or
dried skins or sport-hunted trophies to be perishable items.
Comments Pertaining to 50 CFR 14.55 Exceptions to Clearance
Requirements
Many representatives of professional scientific organizations were
concerned with the effect of clearance requirements on the field of
biological control. One respondent noted that wildlife shipments are
already regulated by APHIS under the Plant Pest Act and should,
therefore, be exempted from the Service's inspection and clearance
requirement. Customs and APHIS, in the respondent's opinion, already
adequately regulate the movement of such wildlife and the Service
regulations are, therefore, overly burdensome. The Service, as the
respondent suggested, could be alternatively notified of pending
shipments by the receipt of an APHIS PPQ-526 permit.
Service Response
Neither APHIS nor the Customs Service is mandated to regulate the
import and export of wildlife and wildlife products to and from the
United States. The Service's mission and expertise is different than
that of APHIS or the Customs Service and no additional exceptions under
this part can be justified.
Comments Pertaining to 50 CFR 14.61 Import Declaration Requirements
One respondent representing an entomological society requested that
Sec. 14.64(b)(1) apply to both imports and exports of scientific
specimens. Numerous respondents expressed concern with the requirement
to file 3-177 declarations with wildlife identification to the species
level, stating that identifying scientific specimens is a long and
laborious process that would take much longer than the 180 day
requirement. Numerous other respondents expressed concern with the
anticipated administrative burden and cost associated with the
declaration requirement. Many respondents suggested exempting the trade
of scientific specimens from the Service's requirement to file a
Declaration for Importation or Exportation of Fish or Wildlife (Form 3-
177) except where shipments contained endangered species. Other
respondents were concerned with what was characterized as the
anticipated ``endless loop of filing for extensions.''
Numerous respondents representing museums and the systematic
scientists' community expressed concern with the requirement to file 3-
177 for shipments of scientific collections. Many commenters noted that
their current inventory of specimens is extensive and, therefore, would
be impossible to list. Another respondent similarly noted that
shipments of scientific collections are often made in bulk and the
required inventory would be impossible to provide.
Service Response
The Service believes that it has addressed these concerns in its
addition of Sec. 14.24 to this Part.
Comments Pertaining to 50 CFR 14.62 Exceptions to Import Declaration
Requirements
One respondent believed that the 180 day requirement to update a
declaration in Sec. 14.62(c) is too long a time period. This, in the
respondent's opinion, had made it difficult for the Service to track
incomplete 3-177s. One scientist requested that the text of
Sec. 14.62(a) be revised to provide that a 3-177 form does not have to
be filed for importation of scientific specimens that are being shipped
from one scientific institution to another. The respondent further
noted that ``the Service can have no particular interest in keeping
track of the tens of thousands of scientific specimens in museums that
are being sent to experts or authorities around the world for study
purposes.''
Service Response
The Service believes it has addressed these comments in its
addition of Sec. 14.24 to this part.
Comments Pertaining to 50 CFR 14.64 Exception to Export Declaration
Requirements
Several respondents suggested that the export of American raw furs
should be made totally exempt from the Service's regulations. Several
other respondents expressed similar opinions about what they regarded
as the over-regulation of the fur trapping ``industry.'' One self-
described producer of captive-bred reptiles and amphibians requested
that an exemption for reptiles and amphibians be added, similar to that
provided in Sec. 14.64(a) for live aquatic invertebrates. This, the
respondent proposed, would allow the shipment of such animals for
propagation purposes such as the exchange of breeding stocks. One
respondent noted, regarding Sec. 14.64(b)(1), that because the value of
wildlife products is arbitrary, the threshold value of $250.00 should
be eliminated as a specific exemption to the declaration requirement.
One representative of an entomological society requested that
Sec. 14.64(b)(1) be made uniformly applicable to both the import and
export of scientific specimens. One respondent from a sport hunting
association requested that the Service eliminate the exception for game
trophies in Sec. 14.62(b)(2). The respondent believed that there was a
continued need for the Service to monitor this activity as it relates
to the illegal harvest and subsequent exportation of wildlife. One
respondent representing an animal advocacy organization suggested
eliminating the game trophy exemption of this part and cited the
Service's need to maintain records pertaining to noncommercial
exportations of sport taken trophy fish and big game animals by foreign
hunters and fisherman departing with wildlife trophies as personal
baggage.
Numerous respondents suggested that scientific specimens should be
allowed to be shipped via the U.S. mail. Many respondents suggested
amending this section to include scientific specimens for scientific
institutions and museums. Many scientists concerned with the import and
export of biological control agents stated there should be an exemption
to the declaration requirement for these items. One representative of a
state wildlife agency
[[Page 31862]]
noted that scientific specimens have no commercial value or a value
less than $250.00 and, therefore, should be exempted from the export
declaration requirement. It has been suggested that noncommercial
importations of scientific specimens be exempted as well. One
respondent suggested that wildlife being imported as personal
accompanying baggage should be required to be declared and the 3-177
presented.
Service Response
The Service must balance effective oversight of activities
involving the import and export of wildlife against the inconveniences
caused by regulation. Those species indigenous to the U.S. and those
species of wildlife common in trade are of particular importance in the
regulatory scheme due to the Service's mission of protecting both
indigenous wildlife and wildlife around the world threatened by over-
utilization. The United States is a leader in wildlife management and
the world's largest consumer of wildlife products, which places a
burden on the Service to ensure that wildlife imported or exported
complies with appropriate state and foreign law. Exceptions to
regulatory requirements are carefully considered by the Service and
developed over a long period of time. The Service does not see any
merit in adding species commonly found in commercial trade, and not
currently captive-bred to any large degree, to the exceptions to export
declaration requirements. The suggestions made by commenters to expand
the export declaration exemptions to species whose survival is affected
by trade would be inconsistent with the mission of the Service and the
intent of the regulation. Conversely, the Service cannot regulate all
exports made under the personal effects exemption due to the Service's
limited statutory authority, and the obvious impact this would have on
movement of persons into and out of the United States. The Service will
maintain oversight of export activity and make adjustments to the
exceptions section as appropriate. The Service believes that the
exceptions granted to scientific specimens in this part are warranted
and adequately address those respondents' concerns.
The Service has added the word ``live'' to the export declaration
exception at Sec. 14.64(a) for aquatic invertebrates of the Class
Pelecypoda, to more accurately reflect the Service's intent of
exempting only living specimens of oysters, clams, mussels, and
scallops.
Comments Pertaining to 50 CFR 14.81 Marking Requirements
Numerous comments were received in regards to Sec. 14.81. One
respondent expressed concern with toxic substances being shipped
incidental to importations or exportations of wildlife, for example,
insecticides in shipments of raw hides. The containers, according to
the respondent, should be marked as to the hazard/identity of the toxic
substances. One respondent suggested that the change the term
``scientific species name'' to read ``species scientific name.'' One
representative of a Federal agency expressed concern regarding the
inability to accurately identify scientific specimens to meet this
requirement. Several representatives of scientific institutions noted
that it may not be possible to identify scientific specimens to species
level at the time of importation. Many state agency representatives
expressed similar concern regarding the identification of scientific
specimens to the species level. It was noted by several such agencies
that such invertebrate shipments often contain thousands of specimens
which may take years to identify.
Several specific suggestions were received concerning the marking
of containers. One respondent suggested marking as ``specimens for
scientific study'' with the shipper and receiver being on a registry of
``registered scientific collections.'' The respondent further noting
that if follow up document inspections were required by the Service,
the shipments would be well documented by the scientific facility
making such inspection possible. Numerous representatives of foreign
scientific institutions also expressed concern with the marking of as
yet unidentified scientific specimens being submitted for
identification. Several representatives of foreign institutions noted
that scientific collections are generally sent as rough-sorted, bulk
shipments and meeting this requirement would be impossible. One
respondent from the wildlife import/export business community noted
that the requirement to submit a shipping list containing the
scientific name being shipped was a redundant effort as the 3-177
already contains this information. Additionally, the shipping documents
are often provided by the shipper's agent and not directly under the
control of the importer. Several respondents noted that they may have
many different species in an insect specimen shipment. Another
requested that the wording be amended to provide for a legible list of
a shipment's contents containing the identification of the specimens
identified to the lowest taxonomic level that is scientifically
possible. This would involve the number of each taxon listed and
whether the members of the listed taxa are venomous.
Service Response
The Service's intent in revising this section is twofold. First, is
the obvious safety concern of Wildlife Inspectors examining live
wildlife shipments that may contain venomous species. This requirement
will allow inspectors to identify the presence of venomous species
without having the importer's declaration present. Declarations are
generally filed when making entry, not necessarily when the shipment
arrives. Second, this revision will assist Wildlife Inspectors in
determining the applicability of this part when encountering wildlife
shipments for which no declaration has been filed.
Comments Pertaining to 50 CFR 14.82 Aternatives and Exceptions to the
Marking Requirement
Several responses received pertained to this Section. One
representative of a large animal advocacy group suggested using the
words ``the scientific name the identifies the species,'' due to what
the respondent noted as the variety and confusion concerning the use of
common names and the problem of proper identification using those
names.
Service Response
The Service finds merit in this suggestion but will not make any
additional changes to this section at this time in order to avoid
making the revision to the marking requirement overly burdensome on
wildlife shippers.
Comments Pertaining to 50 CFR 14.91 License Requirements
Many comments were received regarding Sec. 14.91. Several wildlife
importers agreed with the requirement that all persons engaged in the
business as an importer or exporter of wildlife obtain a valid import/
export license, and that no exemption by class or threshold dollar
amount should be provided. One respondent questioned, with regard to
Sec. 14.91(c)(5), whether the requirement was to include a taxidermist
who is not the ``importer of record'' but is a direct recipient of
hunting trophies taken by the ``importer of record.''
Service Response
This section requires certain persons who engage in the enumerated
activities to hold a valid Service import/export license, including
taxidermists. If a
[[Page 31863]]
taxidermist is importing or exporting wildlife for commercial purposes
as the ``importer or exporter of record,'' then a license is required.
No license is required if a taxidermist is the mere recipient of
wildlife or delivery point for a hunter acting as ``importer or
exporter of record,'' since the actual importing and exporting is
arranged and paid for by the hunter himself.
Comments
Several comments were received from trappers in Alaska pertaining
to this section. Many of these respondents expressed concern with the
proposed change that would require them to obtain a license to export
furs to Canada. Many of these trappers, according to the respondent,
are part-time operators who did not previously meet the $25,000.00
threshold license requirement. Many commenters believed that this
proposal was unwarranted due to the fact that they currently have to
obtain CITES permits and non-designated port permits. Several fur
industry representatives were concerned about the regulations as they
would apply to the shipment of furs and were opposed to the elimination
of the $25,000.00 threshold. Many believed that the added cost of this
requirement was not warranted. Several respondents were concerned about
the effects of the Service's license requirements on small importers or
exporters. One respondent thought that small import or export business
should not be required to obtain licenses. One respondent requested the
duration of an import/export license in Sec. 14.93(d) to be changed to
a period of two years to reduce costs incurred by smaller importers.
Service Response
Clearly, fur trappers exporting furs from the United States are
doing so with a commercial intent. Therefore, those persons are
``engage[d] in business as an importer or exporter of wildlife,''
whether they do so on a full-time or part-time basis. Moreover,
although the Service recognizes that the elimination of the $25,000
threshold will impose additional costs on some small importers and
exporters, the revised licensing system will more accurately reflect
the Service's costs in providing inspection services.
Comments
One respondent inquired as to whether the proposed regulation
changes were in compliance with the ``Regulatory Flexibility Act,''
which establishes procedural requirements for Federal agencies to
determine whether a particular regulation is having a significant
economic effect on a substantial number of small entities. This law is
intended to ensure that laws and regulations designed for application
to large scale entities have been applied uniformly to small
businesses, small organizations, and small governmental jurisdictions
even though the problems that gave rise to government action may not
have been caused by those small entities.
Service Response
The Service has determined that this regulatory change will not
have a significant economic effect on a substantial number of small
entities as required by the Regulatory Flexibility Act (See Required
Determinations).
Comments
Many respondents representing scientific institutions had
misunderstandings concerning the license requirement for noncommercial,
scientific shipments. Many were concerned that they would now be
presumed to be commercial under the presumption of commercial intent
provided within the definition of commercial in Sec. 14.4.
Service Response
The Service clearly intends to exclude scientific specimens from
the license and designated port requirements unless those scientific
specimens are imported or exported for primarily commercial purposes.
The exceptions contained at Sec. 14.24 apply to dead, preserved, dried,
or embedded scientific specimens imported or exported by accredited
scientists or accredited scientific institutions for research purposes
only. The license requirement will apply to those importers or
exporters of scientific specimens whose intent is commercial.
Comments
One environmental education company and several animal advocacy
groups suggested that convicted wildlife violators should be prohibited
from obtaining an Import/Export license. The respondent further
suggested that any license already issued should be revoked by the
Service upon the individual or organization's conviction.
Service Response
Provisions for the revocation or suspension of permits or licenses
are contained at 50 CFR part 13.
Comments Pertaining to 50 CFR 14.92 Exception to License Requirements
Numerous comments were received regarding Sec. 14.92. One Service
employee responding in a private capacity requested a change in
Sec. 14.92(a)(3) to require importers to document their claim that
certain imported items are ``ranched,'' meaning the item was derived
from ranched-raised wildlife. The respondent believed that many such
shipments are routinely declared as ranched to circumvent fee
requirements. Another respondent suggested deleting this exception
entirely. The respondent explained that this exception was first
established to assist World War II veterans operating fur ranches as a
commercial business. The respondent noted that other commercial
businesses dealing with captive-raised wildlife have not been afforded
a similar exception. One respondent suggested that Sec. 14.92(a)(6) be
amended to include export within the exception provided to exempt
pearls imported or exported for commercial purposes.
Service Response
The Service finds merit in the above responses but will not make
the changes to Sec. 14.92(a)(3) regarding furbearers born and bred in
captivity at this time due to the prevalence of ranched furs in the fur
industry, and due the Service's ability to verify whether or not furs
have in fact been taken from the wild and portrayed as captive bred.
The Service also finds merit in the addition of the word ``exported''
to Sec. 14.92(a)(6) to exempt pearls exported for commercial purposes
from the license requirement. The Service has made the appropriate
revision to this section in response to comments received.
Comments
Numerous respondents representing wildlife importers and exporters
requested that the Service add the words, ``for-profit zoological
institutions and theme parks'' to this section to provide for when
importation or exportations are for educational or exhibition purposes
and not for resale. One respondent representing the falconry community
requested that falconers, licensed pursuant to part 21 or by the nation
of permanent residence, importing or exporting legally held raptors for
falconry purposes and not for purchase, sale, barter, or transfer of
such raptors, be included as an exemption to this license requirement
in Sec. 14.92(b).
Service Response
The Service believes that it has adequately addressed the most
common exceptions to the license requirement in this section. The
Service believes that to categorically exempt faconers or ``for-profit
zoological institutions and theme
[[Page 31864]]
parks'' from the license requirement would be inappropriate since these
activities can involve a commercial purpose. The exceptions listed in
this part represent longstanding exceptions to several regulatory
requirements of the Service. If falconers or zoological institutions
are not engaged in the business of importing or exporting wildlife, as
defined at Sec. 14.91(b), then the license requirement will not apply.
Comments Pertaining to 50 CFR 14.94-Fees
Numerous comments were received on the issue of user fees provided
for in Sec. 14.94 Fees. This section establishes the Service fee
schedule for a variety of services provided by the Service to importers
and exporters of wildlife.
Many comments were directed specifically at the requirements of
Sec. 14.94(a)(1), which provides that an overtime fee may be charged,
in addition to the inspection fee, for certain importations or
exportations of wildlife, where the wildlife being imported or exported
is part of a commercial shipment. One respondent expressed concern that
the Service would not be charging overtime fees for noncommercial
shipments, i.e., personal pets, or shipments by scientific non-profit
institutions.
Many respondents expressed concern with the proposed $55.00
inspection fee and questioned whether such a fee would apply to
scientific specimens imported for research purposes. Many respondents
believed that this would present them with a significant problem
considering their limited operating budgets. Several representatives
from foreign scientific institutions were concerned with the imposition
of inspection fees for scientific specimens, believing that such
shipments would now be considered as presumptively commercial under the
Service's revised definition of commercial.
One respondent suggested that the calculation of the inspection
fees should be based on 5% of the declared value of the shipment with a
minimum level of $100.00 per inspection. The monies collected,
according to the respondent, should then be used to increase the number
of physical inspections performed. The U.S. taxpayer, as the respondent
noted, should not be subsidizing the wildlife import and export
business. Another respondent suggested that the Service adopt an
overtime fee schedule consistent with other regulatory agencies. One
respondent was concerned as to the collection of fees by the Service
for commercial shipments made via the mail. The respondent wondered
whether such items would be subject to a Service refusal of clearance
while the Service is awaiting payment.
Several of the respondents were concerned about the application of
overtime fees as provided in Sec. 14.94(b), as such fees relate to
after-hour noncommercial importations. Respondents expressed concern
regarding the Service's increase in inspection fees while at the same
time reducing the license fee to commercial operators. This, as one
respondent expressed, seemingly discriminates against the noncommercial
importers in favor of commercial users. A respondent noted that the
preamble background information, found in the Federal Register notice
(September 14, 1994; 59 FR 47214) states that noncommercial shipments
and shipments by persons exempt from the license requirements are not
to be charged an inspection fee, but may be charged ``overtime costs''
incurred at the specific request of the importer or exporter. The
respondent further noted that under Sec. 14.94(a)(1) overtime fees
apply only to ``commercial shipments.''
Service Response
The Service appreciates these comments because it points out a
deficiency in the proposed rule which erroneously tied overtime fees to
``commercial shipments.'' The Service clearly intends for overtime fees
to apply to importers and exporters of wildlife who request clearance
outside of normal work hours, regardless of commercial or noncommercial
status. The language in the proposed rule which erroneously linked
overtime fees to those holding import/export licenses may have
suggested to the respondents that the Service was ``discriminating''
against noncommercial importers. Section 14.94(b) has been revised
appropriately to reflect the Service's intent and in response to
commenters concerns. Paragraph (b) has been revised in this final rule
to reflect that any importer or exporter requiring clearance by a
Service Officer who requests that an inspection be done outside of
normal work hours will be charged an overtime fee in accordance with
the fee schedule found in Sec. 14.94(d). The structure of the fee
schedule at Sec. 14.94(d) has also been redesigned in this final rule
to make the applicability of the new fees clearer and less confusing
for the public. The fees themselves will remain as proposed for the
reasons stated.
Comments
Many commercial importers expressed concern with the proposed
increase in inspection fees. One representative of a wildlife import/
export business complained that the average cost of $55 to process a
shipment was not valid and that a flat, per-shipment fee is not the
best method. The respondent further suggested that the Service adopt a
fee schedule similar to that used by Customs which uses an ``ad
valorem'' with flat fee minimum/reimbursable overtime. One respondent
noted that at the John F. Kennedy International Airport tropical fish
shipments routinely arrive on Sundays. The respondent questioned why
such fees were necessary, when other Federal regulatory agencies
schedule employees to work on Sunday without charging higher fees. The
Service, as the respondent further noted, should be more flexible in
scheduling their Inspector work hours to fit the needs of individual
ports. Several importers requested that a cap on importation filing
fees of $1250.00 annually be placed on smaller importers. Another
respondent similarly suggested eliminating the fee for, small business
which do not import more than $20,000.00 annually. Another respondent
suggested that the Service eliminate the fee for reexports for, as the
respondent explained, the importer had been charged originally without
the shipment having been changed.
Service Response
The Service acknowledges these concerns and is attempting, through
this revision, to maintain the most efficient inspection program
possible without allowing its fee structure to become overly burdensome
to smaller importers. The analyses of the Service's inspection program
mentioned in the proposed rule clearly indicate a need to raise
inspection fees and overtime rates to be commensurate with costs
incurred by the Service. Most ports, both designated and non-
designated, are not staffed to allow for the inclusion of ``regular
hours'' on weekends or holidays or after normal business hours, which
may require certain importers or exporters to pay more for inspections
done at these hours. The Service has, in the past, examined the ``ad
valorem'' method of reimbursement and has determined that a flat fee is
the best method, since actual work required to inspect wildlife
shipments does not correlate well with the value of the shipment. In
other words, shipments of high value do not always require Wildlife
Inspectors to perform more work. The Service will monitor the
collection of fees closely and in the event fees generate sufficient
revenue to pay for additional staffing at certain ports to allow for
expanded
[[Page 31865]]
hours of inspection, the Service will respond accordingly.
Comments
One response was received with regards to the Service billing of an
overtime inspection in which three wildlife shipments were inspected.
The respondent noted that the charges for the three inspections were
not prorated over the three shipments but all three received the same
full charge. The respondent suggested the Service prorate the charge
for multiple importations and incorporate a 1 hour minimum overtime
charge. One respondent noted that in his opinion the fees were so high
with regards to exportations that it seemed to constitute a ``tax'' on
exportations which, in his words, was unconstitutional. One exporter
commented that most of his business is exporting the same or like item
over and over. His inspection consists of sending in his fee and
3-177 with his shipments never being physically inspected. He suggests
reducing or eliminating this repetitive process but gave no suggestions
on how this might be accomplished.
Service Response
As noted in the proposed rule the Service is merely attempting to
recoup costs incurred in the inspection process by adjusting its fee
schedule in this final rule. In those instances, as described by the
commenter, when several shipments are inspected outside normal work
hours or multiple shipments are inspected for one importer on multiple
entries, the Service, by policy, does not prorate associated charges.
However, in response to commenter's concerns the Service has added an
exception at Sec. 14.94(b)(4) to allow for multiple shipments consigned
to the same importer/exporter and inspected at one location on
overtime, to pay one minimum hourly overtime fee at designated ports.
The inspection fee will still apply to each shipment.
Comments
Many comments were received from the animal welfare community that
requested increased inspections at port of Miami and that the Service
should increase fees to a minimum of $100 to pay for the increased cost
of law enforcement personnel. Many comments were received from
representatives of scientific institutions concerning fees. Many
respondents representing scientific organizations expressed concern
with the inspection fee of $55.00 per shipment, noting that such a fee
imposed upon wildlife imports and exports would be too high for their
budgets. Several respondents perceived the Service's proposal as an
increased regulatory burden on the scientific community and believed it
had the potential to ``isolate'' the United States from the
international scientific community. Of particular concern to several
scientists was the ``trade'' of non-endangered species. One respondent
noted that he knew of no evidence that supported the notion that
scientific collecting poses a threat to non-endangered insects. Another
scientist similarly suggested that the Service, due to lack of funding
and manpower, should concentrate its regulatory effort on threatened
and endangered species and those covered by CITES.
Service Response
The Service notes that these commenters' concerns are precisely why
an inspection program was established by the Service in 1975. In order
for the Service to determine if a shipment contains threatened or
endangered species, or CITES species, and consequently to determine if
those species are affected by trade, the shipment must be inspected by
qualified personnel who can make that determination. Again,
noncommercial importers and exporters of wildlife will not be subject
to fees unless requiring and requesting clearance outside of normal
business hours, or using nondesignated ports.
Comments
Many respondents appeared to have some misunderstanding regarding
the collection of fees and quoted the overtime schedule as if the
overtime fees applied to all inspections. Other respondents suggested
that higher rates be charged for inspections performed at non-
designated ports. Many respondents opposed the reduction in the license
fee but supported an increase in the inspection fee to cover the
inspection program, to the extent that such an increase would allow for
100% inspection of shipments. One respondent suggested that the service
should establish a mileage fee for overtime inspections similar to
Customs. A pet industry spokesman suggested the increase in fees be
phased in over time and requested that a more detailed justification of
the hourly rate for inspections be made available when the final rule
is published. Several respondents suggested that the inspection fee be
prorated when multiple inspections are being performed for the same
importer, primarily at non-designated ports. Numerous respondents
requested the Service justify the increased inspection fee.
Service Response
Under the new user fee structure the Service will charge a higher
rate at nondesignated ports, in the form of an Administrative fee plus
a 2 hour minimum charge, to cover the increased administrative costs
associated with nondesignated ports. The Service has determined that
inspection fees or administrative fees at nondesignated ports will not
be prorated due to the obvious incentive given to importers/exporters
to combine shipments, when the workload for wildlife inspectors would
remain the same. The Service intends to charge mileage fees for
inspections conducted at nondesignated ports with no permanent law
enforcement staff present. The Service understands the concerns raised
by respondents regarding justification of user fee increases, and
refers to the following four studies, conducted since 1988 which
recommended, and justified, fee increases in the inspection program:
the Service, Division of Finance, findings and recommendations on
review of the 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 Inspector
General, a 1991 Law Enforcement Functional Analysis Review, and a 1992
draft of the CITES Implementation Study prepared by Traffic USA, the
trade monitoring group associated with the World Wildlife Fund.
Comments
Many respondents were concerned with the low numbers of physical
inspections of wildlife shipments being imported into the United
States. One respondent expressed support for the Service's regulation
of imports and exports of wildlife and other products being imported
for a commercial purpose, particularly, as the respondent noted, when
such imports or exports involve threatened and endangered species.
Service Response
The Service anticipates an increase in the physical inspection rate
of wildlife shipments on a nationwide basis, due, in part, to the
increase in fees justified in the studies mentioned in this final rule.
Fee adjustments allowing the Service to more accurately recover costs
may also allow the Service to hire additional personnel.
[[Page 31866]]
Summary of Comments Received to the Supplemental Rule
On March 23, 1995, the Service published in the Federal Register
(60 FR 15277) a supplemental proposed rule proposing additional changes
to these parts. In response to this notice the Service received a total
of 12 comments. These included 2 from associations, 2 from states, 3
from museums, 1 council, 1 union, 1 club, 1 university and a citizen.
The comments were as follows:
One respondent noted an error in the definition section provided at
Sec. 14.4. The respondent noted that the term ``accredited member of
the American Zoological Association'' was stated twice. The correct
name according to the respondent is the American Zoo and Aquarium
Association.
In regards to Sec. 14.53(b)(2), one respondent noted that in his
research during foreign explorations for natural enemies of targeted
plant pests, which are collected and shipped to quarantine facilities,
organisms are usually identified to a higher level of taxa than
species. Identification of such collected materials, may not be
available for a considerable period of time. Another respondent noted
that although the original Lacey Act recognized the existence of the
Federal Plant Pest Act, the new FWS regulations appear to overlook this
provision.
Several comments pertained to the Service 3-177 form. One
respondent suggested the Service make the reporting of dead specimens
an annual or biannual report. One scientific institution noted that
their collections do not specify whether the wildlife was taken as a
result of sport hunting, and that, therefore, such collections should
be given a blanket exemption for already deposited specimens. Another
respondent was concerned with the perceived requirement that a
scientific collector obtain a hunting license and worried that
scientific collecting may be viewed as sport hunting.
One respondent observed that the Service's definition of scientist
does not include retired professors or those at smaller colleges that
do not have established public collections, who are generally
considered amateurs in the field of entomology. Another respondent
noted that dead specimens should be allowed to be transported freely
(3-177 form only) without further clearance. One respondent requested
that the Service automate the 3-177 form to streamline the process by
downloading the data from each accredited institution twice annually.
One respondent suggested that birds should not require authentication
of collecting and export permits from the country of origin each time
they are transferred; that dead, non-endangered or CITES listed birds
should have no restriction on importation; and that a 3-177 should not
be needed for dead birds. Instead, the respondent noted that the
paperwork could be kept at the institution and open for inspection at
any time. Another respondent asked for additional time to respond to
what the respondent characterized as a complicated piece of law.
Another respondent noted that if a specimen was procured for a
scientific institution, the regulations that are applied to permit the
legal import should be consistent across the board with no exceptions
as to how it was acquired. Once a permit is issued, the respondent
noted, the specimens covered by that permit should have the status of
specimens that do not require a permit. Other respondents, however, saw
no logical reason why scientific specimens legally taken as the result
of sport hunting should be excluded from the exceptions provided. One
respondent requested that the Service not require authentication of
collecting and export permits from the country of origin each time they
are transferred internationally. One respondent suggested that the
Migratory Bird Office and Law Enforcement get together on a common
definition of scientific institution to avoid two different standards.
The only shipments that should require reporting to the Service, one
respondent noted, should be those that contain species listed under
CITES or the U.S. Endangered Species Act. One respondent requested that
State and Federal government agencies should be exempt from
requirements pertaining to permits and be given some kind of blanket
import-export permit.
Service Response
The Service appreciates these comments and responds by stating that
the Federal Government, in particular the Service, is bound by
international treaty and domestic law to require certain types of
documentation, reporting, declaration, and regulation as relates to the
import and export of wildlife and wildlife products (including
insects). The Service, in its revision of this part, has been
responsive to the demands of the public while fulfilling its
obligations under law. The Service believes that the modification of
these regulations, in particular addressing the concerns of the
scientific collecting community, have taken into account public
concerns while fulfilling the Service's obligations.
Need for Final Rule Making
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
clarify. 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.
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the Service has received approval for collection of
information under this regulation using the Declaration for Importation
or Exportation of Fish or Wildlife form 3-177, approval number 1018-
0012 which expires June 30, 1997, and using the Federal Fish and
Wildlife License/Permit Application form 3-200, approval number 1018-
0022 which expires January 31, 1997.
Information collection is accomplished under this part through the
use of these two forms and is used to satisfy various requirements in
this regulation, including, species and shipping information from the
Declaration form 3-177, and licensing information from the Application
form 3-200. The information requested on these forms is not being
modified in this rule, however, changes are being made which will
affect the number of persons or businesses required to file an Import/
Export License Application form 3-200 to obtain an Import/Export
License.
Changes also are being made in the exceptions granted to certain
persons from the Declaration filing requirements.
The Declaration filing exceptions contained in this final rule will
not result in any increased information
[[Page 31867]]
collection by the Service. However, those persons or businesses
engaging in business as an importer or exporter of wildlife who may
have previously been excepted from the license requirement, will now be
required to file a 3-200 Application form with the Service in order to
obtain an import/export license. This will result in increased use of
an existing information collection. The information to be collected
will include the applicant's name and complete address, type of
business and description of the activity for which a license is
required, principal officer information, location where activity under
the license is conducted, and business, agency, or institutional
affiliation of the applicant. The likely respondents to this collection
of information will be persons engaging in business as importers or
exporters of wildlife who are not currently licensed by the Service.
This information will be used by the Service to determine the
applicability of the license requirement, and to implement the
licensing and fee collection process. This information collection will
be required annually and will require approximately a 1.0 hour total
annual reporting and recordkeeping burden per respondent. The Service
estimates that the number of likely respondents will be approximately
700, making a total annual reporting and recordkeeping burden of 700
hours.
Economic Effects
This rulemaking was not subject to review by the Office of
Management and Budget under Executive Order 12866.
The Service conducted a cost/benefit analysis in compliance with
the provisions of the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121). Data for commercial imports and exports
of wildlife and wildlife products for the 1994 calendar year were used
to estimate the financial impact on commercial wildlife importers and
exporters from the revised user fee schedule contained in the proposed
rule and in this final rule. Calendar year 1994 data were chosen for
the analysis for their completeness and because the Service feels that
the commercial data for 1994 are typical of calendar year totals. The
analysis shows that the Service processes approximately 70,000 wildlife
and wildlife product imports and exports per year, and that of those
shipments approximately 56,000 are imported or exported for commercial
purposes. The 1994 data show that the Service issued approximately
1,700 commercial import/export licenses in 1994, and those licensees
imported or exported approximately 40,000 commercial shipments. These
figures equate to approximately 23 commercial shipments per licensee
per year. The total number of shipments made for commercial purposes
(56,000) minus the number of commercial shipments made by licensees
(40,000) equals 16,000 shipments made for commercial purposes by non-
licensees that, presumably, meet one of the current licensing
exceptions. The most likely exception in these cases would be the
$25,000 annual threshold requirement for obtaining a license. This
exception is being eliminated in this final rule. By using the 23
shipments per licensee per year figure as representative of all
commercial importers and exporters, the Service estimates that 700 non-
licensed commercial importers and exporters shipping 16,000 shipments
per year will be affected by the new license requirement. Based upon
the 23 shipments per year figure, the 1,700 licensees currently paying
$25 per shipment in user fees and $125 annual license fee are paying
$700 annually in user fees. Under this final rule those licensees will
pay an additional $615 based upon $55 per shipment and a $50 license
fee, or $1,315 annually in user fees. The 700 non-licensed commercial
importers and exporters who are now exempt from the fee requirement
also will pay $1,315 per year based upon the 23 shipment per year
average and the new user/license fees. As stated in this final rule,
these fees will generate approximately $2 million in additional user
fees which will allow the Service to more closely recoup actual costs
of the wildlife inspection program.
A review under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601
et seq.) has revealed that this rulemaking will not have a significant
effect on a substantial number of small entities, which include
businesses, organizations, or governmental jurisdictions. The
Department of the Interior is seeking to assess the least possible fee
increase that will enable the Service to recoup its costs associated
with the Service's Import/Export program. As discussed in the proposed
rule, fees have not been increased since 1986. This fee increase will
more closely align the Federal Government's operating cost with
revenues. This rule will affect all importers and exporters equally and
is expected to remove any competitive advantage enjoyed by unlicensed
importers or exporters. Because of the modest cost involved, the fee
increase is expected to have a minimal effect on those small entities
as defined in the Regulatory Flexibility Act.
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seq., that his rulemaking will not
impose a cost of $100 million or more in any given year or local or
State governments or private entities.
National Environmental Policy Act (40 CFR part 1500)
Pursuant to the requirements of section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), an
environmental assessment was not prepared for this action. The action
that is covered under a categorical exclusion from the National
Environmental Policy Act procedures. 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 revision of part 14 will not affect any Federally
listed or proposed for listing threatened or endangered species or
their critical habitats.
Authorship
The originators of this final rule are Law Enforcement Specialist
Paul McGowan and Special Agent John M. Neal, 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 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.
[[Page 31868]]
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 (Section 14.93)....... $50.
Marine Mammal (Section 18.31)............... $100.
Migratory Bird-Banding or marking (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; 19 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,
in this part:
Accompanying personal baggage means all hand-carried items and all
checked baggage of a person entering into or departing from the United
States.
Accredited scientist means any individual associated with, employed
by, or under contract to and accredited by an accredited scientific
institution for the purpose of conducting biological or medical
research, and whose research activities are approved and sponsored by
the scientific institution granting accreditation.
Accredited scientific institutions means any public museum, public
zoological park, accredited institution of higher education, accredited
member of the American Zoo and Aquarium Association, accredited member
of the American Association of Systematic Collections, or any State or
Federal government agency that conducts biological or medical research.
Commercial means related to 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 are for commercial use. The
Service or the importer/exporter/owner may rebut this presumption based
upon the particular facts and circumstances of each case.
Domesticated animals includes, but is not limited to, the following
domesticated animals that are exempted from the requirements of this
subchapter B (except for species obtained from wild populations).
Mammals: Alpaca--Lama alpaca; Camel--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 rate--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 (domesticated)--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 Runner; Campbell; Duclair; Merchtem; Termonde;
Magpie; Chinese; Khaki Campbell.
Insects: Crickets, mealworms, honeybees (not to include Africanized
varieties), and similar insects that are routinely farm raised.
Other Invertebrates: Earthworms and similar invertebrates that are
routinely farm raised.
Export means to depart from, to send from, to ship from, or to
carry out of, or attempt to depart from, to send from, to ship from, or
to carry out of, or to consign to a carrier in any place subject to the
jurisdiction of the United States with an intended destination of any
place not 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 Custom laws of 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.
Import means to land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into any place subject to the
jurisdiction of the United States, whether or not such landing,
bringing, or introduction constitutes an importation within the meaning
of the tariff laws of the United States.
3. Section 14.15 is amended by revising paragraph (a) to read as
follows:
Sec. 14.15 Personal baggage and household effects.
(a) Any person may import into or export from the United States at
any Customs port wildlife products or manufactured articles that are
not intended for commercial use and are used as clothing or contained
in accompanying personal baggage. 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 or 23 of this subchapter, shellfish and fishery products
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 enter or exit at any Customs
port.
(2) Except for wildlife requiring a permit pursuant to part 17 or
part 23 of this subchapter, live aquatic invertebrates of the Class
Pelecypoda (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 or 23 of this subchapter, pearls imported or exported for commercial
purposes may enter or exit the United States at any Customs port of
entry. For the purposes of this Part, all references to the term
shellfish and fishery products will include pearls.
5. Section 14.22 is revised to read as follows:
Sec. 14.22 Certain antique articles.
Any person may import at any Customs Service port designated for
such purpose, any article (other than scrimshaw, defined in 16 U.S.C
1539(f)(1)(B) and 50 CFR 217.12 as any art form that involves the
etching or
[[Page 31869]]
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. 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 or 23 of this subchapter, dead, preserved, dried, or
embedded scientific specimens or parts thereof, imported or exported by
accredited scientists or accredited scientific institutions for
taxonomic or systematic research purposes may enter or exit 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.
7. Section 14.32 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 14.32 Permits to import or export wildlife at non-designated port
to minimize deterioration or loss.
* * * * *
(c) * * *
(2) Permittee must pay fees in accordance with Sec. 14.94.
* * * * *
8. Section 14.33 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 14.21 Permits to import or export wildlife at non-designated port
to alleviate undue economic hardship.
* * * * *
(c) * * *
(2) Permittee must pay fees in accordance with Sec. 14.94.
* * * * *
9. 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, a Service officer
must clear all wildlife imported into the United States prior to
release from detention by Customs officers. A Service officer must
clear all wildlife to be exported from the United States prior to the
physical loading of the merchandise on a vehicle or aircraft, or the
containerization or palletizing of such merchandise for export, unless
a Service officer expressly authorizes 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) An importer/exporter or his/her agent may obtain clearance by a
Service officer 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. An importer/exporter must return forthwith any
wildlife released without a Service officer's clearance or clearance by
Customs for the Service under authority of Sec. 14.54 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 will 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 export or
re-export for the wildlife.
10. 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 or exported wildlife and any associated
property. As soon as practicable following the importation or
exportation and decision to detain, the Service will mail a notice of
detention by registered or certified mail, return receipt requested, to
the importer or consignee, or exporter, if known or easily
ascertainable. Such notice mut 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 Service will deem the wildlife to be seized and will
issue no further notification of seizure.
(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
responsible 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,
has been suspended or revoked, 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) The importer, exporter, or the importer's or exporter's agent
has not paid any fee or portion of balance due for inspection fees
required by Sec. 14.93 or Sec. 14.94, or penalties assessed against the
importer or exporter under 50 CFR part 11. This paragraph does not
apply to penalty assessments on appeal in accordance with the
provisions of part 11.
11. Section 14.54 is amended by revising paragraphs (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 importers or their agents expect live or perishable
shipments of wildlife or wildlife products or request inspection at the
time of arrival, they must notify the Service at least 48 hours prior
to the estimated time of arrival. However, where a Service officer is
not available within a reasonable time, Customs Officers may clear live
or perishable wildlife subject to post-clearance inspection and
investigation by the Service.
* * * * *
(f) Exports. Exporters or their agents must notify the Service and
make the shipment available for inspection at least 48 hours prior to
the estimated time of exportation of any wildlife.
12. Section 14.55 is amended by revising the introductory text of
the section and by adding paragraph (d) to read as follows:
Sec. 14.55 Exceptions to clearance requirements.
Except for wildlife requiring a permit pursuant to part 17 or 23 of
this subchapter B, clearance is not required
[[Page 31870]]
for the importation of the following wildlife:
* * * * *
(d) Dead, preserved, dried, or embedded scientific specimens or
parts thereof, imported or exported by accredited scientists or
accredited scientific institutions for taxonomic or systematic research
purposes. Except: That this exception will not apply to any specimens
or parts thereof taken as a result of sport hunting.
13. 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,
importers or their agents must file with the Service either a completed
Declaration for Importation or Exportation of Fish or Wildlife (Form 3-
177), signed by the importer or the importer's agent, 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), 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,
importers or their agents must file a Form 3-177 with the District
Director of Customs at the port of entry prior to release from Customs
custody. Importers or their agents must furnish all applicable
information requested on the Form 3-177 and the importer, or the
importer's agent, must certify that the information furnished is true
and complete to the best of his/her knowledge and belief.
14. 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 (b)(2) and (b)(3) respectively, and by revising paragraph (c)
and adding paragraph (d) to read as follows:
Sec. 14.62 Exceptions to import declaration requirements.
(a) Except for wildlife requiring a permit pursuant to part 17 or
23 of this subchapter B, an importer or his/her agent does not have to
file a Declaration for Importation or Exportation of Fish or Wildlife
(Form 3-177) 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 that are not
intended for commercial use and are used as clothing or contained in
accompanying personal baggage, except that an importer or his/her agent
must file a Form 3-177 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 that are not
intended for commercial use and are a part of a shipment of the
household effects of persons moving their residence to the United
States, except that an importer or his/her agent must file a
declaration for raw or dressed furs and for raw, salted, or crusted
hides or skins.
* * * * *
(c) General declarations for certain specimens. Notwithstanding the
provisions of 14.61 and except for wildlife included in paragraph (d)
of this section, an importer or his/her agent may describe in general
terms on a Declaration for the Importation or Exportation of Fish or
Wildlife (Form 3-177) scientific specimens imported for scientific
institutions for taxonomic, systematic research, or faunal survey
purposes. An importer or his/her agent must file an amended Form 3-177
within 180 days after filing of the general declaration with the
Service. The declaration must identify specimens to the most accurate
taxonomic classification reasonably practicable using the best
available taxonomic information. The Director may grant extensions of
the 180-day period.
(d) Except for wildlife requiring a permit pursuant to part 16, 17,
18, 21, 22 or 23 of this subchapter, an importer or his/her agent does
not have to file a Declaration for the Importation or Exportation of
Fish or Wildlife (Form 3-177) at the time of importation for shipments
of dead, preserved, dried, or embedded scientific specimens or parts
thereof, imported by accredited scientists or accredited scientific
institutions for taxonomic or systematic research purposes. An importer
or his/her agent must file a Form 3-177 within 180 days of importation
with the appropriate Assistant Regional Director--Law Enforcement in
the Region where the importation occurs. The declaration must identify
the specimens to the most accurate taxonomic classification reasonably
practicable using the best available taxonomic information, and must
declare the country of origin. Except: That this exception will not
apply to any specimens or parts thereof taken as a result of sport
hunting.
15. Section 14.64 is amended by revising paragraphs (a), (b)(1),
(b)(2) and by adding (b)(3) to read as follows:
Sec. 14.64 Exceptions to export declaration requirements.
(a) Except for wildlife requiring a permit pursuant to Part 17 or
23 of this subchapter B, an exporter or his/her agent does not have to
file a Declaration for Importation or Exportation of Fish or Wildlife
(Form 3-177) 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 file for the exportation of
live aquatic invertebrates of the Class Pelecypoda (commonly known as
oysters, claims, mussels, and scallops) and the eggs, larvae, or
juvenile forms thereof exported for purposes of propagation, or
research related to propagation.
(b) * * *
(1) Wildlife that is not intended for commercial use where the
value of such wildlife is under $250;
(2) Wildlife products or manufactured articles, including game
trophies, that are not intended for commercial use 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; and
(3) Shipments of dead, preserved, dried, or embedded scientific
specimens or parts thereof, exported by accredited scientists or
accredited scientific institutions for taxonomic or systematic research
purposes. An exporter or his/her agent must file a Form 3-177 within
180 days of exportation with the appropriate Assistant Regional
Director--Law Enforcement in the Region where the exportation occurs.
The declaration must identify the specimens to the most accurate
taxonomic classification reasonably practicable using the best
available taxonomic information, and must declare the country of
origin. Except: That this exception will not apply to any specimens or
parts thereof taken as a result of sport hunting.
16. 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 he/she marks each container or package
[[Page 31871]]
conspicuously on the outside with both the name and address of the
shipper and consignee. An accurate and legible list of its contents by
species scientific name and the number of each species and whether or
not the listed species are venomous must accompany the entire shipment.
17. Section 14.82 is amended by revising paragraphs (a)(1)(ii)(A),
(1)(2), and (a)(3) to read as follows:
Sec. 14.82 Alternatives and exceptions to the marking requirement.
(a) * * *
(1)(i) * * *
(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 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 that
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. Except, 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 or lading, or other similar document, must reflect that number or
label. However, each subcontainer containing a venomous species must be
clearly marked as venomous.
* * * * *
18. Section 14.91 is amended by revising paragraph (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, dealers, brokers, and 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 in connection with the mounting processing, or
storage of trophies or specimens;
(6) As freight forwarders; and
(7) In the form of food products taken from populations of non-
domesticated animals.
19. Section 14.92 is amended by revising paragraphs (a)(1), (a)(2),
(a)(3), and (a)(4) and 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 requirements.
(a) * * *
(1) Shellfish and fishery products that do not require a permit
under Part 17 or 23 of this subchapter B and that are imported or
exported for purposes of human or animal consumption;
(2) Shellfish and fishery products that do not require a permit
under part 17 or 23 of this subchapter B and that 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 and 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 part 17 or 23 of this subchapter B that are
being exported;
(5) Live aquatic invertebrates of the Class Pelecypoda (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 or exported for commercial purposes.
(b) * * *
(1) Common carriers when engaged as transporters and not as
importers or exporters of record;
(2) Custom house brokers when engaged as agents and not as
importers or exporters of record;
* * * * *
(4) Federal, State, or municipal agencies; and
(5) Circuses importing or exporting wildlife for exhibition
purposes only and not for purchase, sale, barter, or transfer of such
wildlife.
20. 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, licensees must
provide duly authorized Service officers at all reasonable times, upon
notice, access to the licensee's places of business and give 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 give an opportunity to copy such records;
(5) Licensees must, 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.
* * * * *
21. Section 14.94 is added to read as follows:
Sec. 14.94 Fees.
(a) License and Inspection fees. The Service will impose a yearly
fee for a license pursuant to Sec. 14.93. In addition, each licensee
must pay an inspection fee for each wildlife shipment imported into or
exported from the United States at a designated port.
(b) Designated port overtime fees. The Service may charge importers
or exporters of wildlife, regardless of being licensed as a commercial
importer or exporter, a fee for overtime for inspections that begin
before normal working hours, that extend beyond normal working hours,
or are on a holiday, Saturday, or Sunday if the importer/exporter
requested that the inspection be performed outside normal work hours.
Overtime fees consist of an increased hourly rate equal to 1\1/2\ times
the average hourly rate of a journeyman level wildlife inspector.
Overtime fees will be in addition to inspection fees imposed for
license holders at designated ports. If an importer/exporter presents a
shipment for inspection during normal work hours but the Service cannot
perform the inspection
[[Page 31872]]
during normal work hours on that day, the service will give the
importer/exporter the option of performing the inspection later during
normal work hours or charging for overtime. The Service's ability to
perform inspections during overtime hours will depend on the
availability of Service personnel. The Serivce will use the following
parameters when calculating the overtime fee:
(1) Inspection overtime commences when a Service officer departs
that officer's residence or official duty station enroute to the
inspection site or at the end of normal work hours. Inspection overtime
terminates when the officer returns to the point of departure or
official duty station or when the inspection is completed, whichever
occurs later.
(2) For an inspection at a designated port beginning less than 1
hour before normal work hours, the Service will charge 1 hour of time,
at an hourly rate of 1\1/2\ times the average hourly rate of a
journeyman level Wildlife Inspector. For all other overtime inspections
at a designated port the Service will charge a minimum of 2 hours of
time, at an hourly rate of 1\1/2\ times the average hourly rate of a
journeyman level Wildlife Inspector, except that for all inspections
performed on a federal holiday the Service will charge a minimum of 2
hours at twice the average hourly rate of a journeyman level Wildlife
Inspector.
(3) The Service will charge any inspection time in excess of the 2-
hour minimum in quarter hour increments at the same hourly rate as the
first 2 hours. The Service will round up inspection time of 10 minutes
or more to the next quarter hour and will disregard any time less than
10 minutes.
(4) The fee schedule will apply to all inspections regardless of
importer/exporter of record, except, that the Service will charge
multiple shipments consigned to the same importer/exporter and
inspected at one location one 2-hour minimum or actual time, whichever
is greater.
(c) Nondesignated port fees. The Service will charge permittees
issued permits under subpart C of this part, and licensed commercial
importers and exporters a fee for inspections at nondesignated ports.
The fees consist of a flat administrative fee plus a minimum of two
hours of time at staffed nondesignated ports. The Service will use the
following parameters when calculating fees:
(1) During normal working hours the Service will charge permittees
issued permits under subpart C of this part, regardless of being
licensed as a commercial importer or exporter, an administrative fee
plus a minimum of 2 hours of time at the average hourly rate of a
journeyman level wildlife inspector. The Service will charge permittees
requesting clearance outside normal working hours, including Saturday
and Sunday, an administrative fee plus a minimum of 2 hours of time at
1\1/2\ times the average hourly rate of a journeyman level wildlife
inspector, except that for all inspections performed on a federal
holiday the Service will charge a minimum of 2 hours at twice the
average hourly rate of a journeyman level wildlife inspector.
(2) The Service will charge any inspection time in excess of the 2-
hour minimum in quarter hour increments at the same hourly rate as the
first 2 hours. The Service will round up inspection time of 10 minutes
or more to the next quarter hour and will disregard any time less than
10 minutes.
(3) The Service will not charge importers or exporters who are not
required to have a permit under subpart C of this part, except that the
Service will charge licensed importers or exporters an administrative
fee only during normal working hours, and overtime hourly rates and
minimums will apply outside normal working hours.
(4) For inspections performed under a permit issued under subpart C
of this part at nondesignated ports with no permanent Service law
enforcement staff, the Service will charge all costs associated with
inspection and clearance, including, salary, travel and transportation
costs, and per diem.
(d) Schedule.
General Fees
------------------------------------------------------------------------
Import/Export license fee........ $50 per year.
Inspection fee................... $55 per shipment.
------------------------------------------------------------------------
Inspection Fee Schedule
------------------------------------------------------------------------
Designated ports: Licensees:
Inspections during normal $55 Inspection fee.
work hours.
Inspections beginning less than 1 $55 Inspection fee plus $30.
hour before normal work hours.
Inspections beginning more than 1 $55 Inspection fee plus 2 hour
hour before normal work hours. minimum at $30/hr.
Inspections after normal work $55 Inspection fee plus 2 hour
hours (including Saturdays and minimum at $30/hr.
Sundays).
Inspections on federal holidays.. $55 Inspection fee plus 2 hour
minimum at $40/hr.
Designated ports: Nonlicensees:
Inspection during normal work No charge.
hours.
Inspections beginning outside 2 hour minimum at $30/hr.
normal work hours.
Staffed nondesignated ports:
Subpart C permit holders,
regardless of license status:
Inspections during normal $55 Administrative fee plus 2 hour
work hours. minimum at $20/hr.
Inspections beginning outside $55 Administrative fee plus 2 hour
normal work hours (including minimum at $30/hr.
Saturdays and Sundays).
Inspections on federal $55 Administrative fee plus 2 hour
holidays. minimum at $40/hr.
[[Page 31873]]
Nonstaffed nondesignated $55 Administrative fee plus all costs
ports:. associated with inspection and
clearance.
Staffed nondesignated ports: No
subpart C permit required
(Border/Special Ports):
Import/export license holders $55 Administrative fee.
All others................... No charge.
(1) The Service will not refund any fee or any portion of any
license or inspection fee or excuse payment of any fee because
importation or clearance of wildlife shipment is refused for any
reason.
(2) [Reserved]
Dated: February 6, 1996.
George T. Frampton Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15388 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-M