Importation, Exportation, and Transportation of Wildlife

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

RIN 1018-AB49

Importation, Exportation, and Transportation of Wildlife

agency: Fish and Wildlife Service, Interior.

action: Proposed rule; supplemental.

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summary: The U.S. Fish and Wildlife Service (Service) is proposing

additional changes to its regulations providing for uniform rules and

procedures for the importation, exportation, and transportation of

wildlife. The Service is proposing to allow the importation and

exportation of dead, preserved, dried, or embedded scientific wildlife

specimens by accredited scientists or accredited scientific

institutions at any U.S. Customs port, or by way of the international

mail. This proposed rule is a supplement to the Service's previous

proposal published on September 14, 1994.

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

addresses: Comments and materials concerning this proposal should be

sent to the Director, U.S. Fish and Wildlife Service, P.O. Box 3247,

Arlington, Virginia 22203-3247. Comments and materials may be hand-

delivered to the U.S. Fish and Wildlife Service, Division of Law

Enforcement, 4401 N. Fairfax Drive, Room 500, Arlington, Virginia,

between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday.

for further information contact: Frank Shoemaker, Special Agent in

Charge, Branch of Investigations, Division of Law Enforcement,

telephone (703) 358-1949.

h respect to its

present requirements governing the importation or exportation of

taxonomic or systematic collection specimens, or parts thereof, and

acknowledges that some substantive changes to those requirements are

necessarily in order. The Service, therefore, is making supplementary

proposals at this time, in addition to those already published in the

proposed rule of September 14, 1994. The Service makes these proposals

in an effort to facilitate the importation and exportation of dead,

preserved, dried, or embedded scientific specimens or parts thereof,

encompassed within the definition of wildlife, and thereby alleviate

any unnecessary impediments to scientific exchange its existing

regulations may have imposed.

The Service is proposing to facilitate the importation or

exportation of dead, preserved, dried, or embedded scientific taxonomic

or systematic collection specimens, or parts thereof, by accredited

scientists or accredited institutions by making several changes in its

current regulations. The Service, in order to clarify its requirements,

will define the terms ``Accredited scientific institutions'' and

``Accredited scientist'' in the definition section provided in

Sec. 14.4. The term ``Accredited scientific institutions'' is defined

to include any public museum, public zoological park, accredited

institution of higher education, accredited member of the American

Zoological Association, accredited member of the American Association

of Systematic Collections, or any State or Federal government agency

that conducts biological or medical research. The term ``Accredited

scientist'' is defined to include any individual associated with,

employed by, or under contract to and accredited by an

accredited scientific institution for the purposes of conducting

biological or medical research, and whose research activities are

approved and sponsored by the scientific institution granting

accreditation.

The Service will also add a new section at Sec

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.

The Service will also add a new section at Sec. 14.24, to be

entitled Scientific Specimens. This new section will provide for dead,

preserved, dried, or embedded taxonomic or systematic collection

specimens to be imported or exported by accredited scientists and/or

scientific institutions by way of any U.S. Customs port or to be

shipped through the international mail. This exception, however, will

not apply in situations where the wildlife being imported or exported

requires a permit under any of the Service regulations established in

50 CFR parts 16, 17, 18, 21, 22, and 23 that set forth the Service

regulations implementing: the Lacey Act, (18 U.S.C. 42); the Endangered

Species Act (ESA), (16 U.S.C. 1531-1543); the Marine Mammal Protection

Act (MMPA), (16 U.S.C. 1361-1407); the Migratory Bird Treaty Act

(MBTA), (16 U.S.C. 703-712); the Bald and Golden Eagle Protection Act

(Eagle Act), (16 U.S.C. 668); and the Convention on International Trade

in Endangered Species of Wild Flora and Fauna (CITES), respectively. In

addition this exception will not apply to any specimen or part of any

specimen taken as a result of sport hunting. The term ``sport hunting''

will be given its common and ordinary meaning.

In general all wildlife imported into the United States must be

cleared in accordance with Sec. 14.52 by a Service officer prior to its

release from detention by Customs officers. Clearance by a Service

officer may be obtained only at designated ports, border ports, special

ports, or any port where importation is authorized by permit, unless

the wildlife is otherwise exempted from such requirement

neral all wildlife imported into the United States must be

cleared in accordance with Sec. 14.52 by a Service officer prior to its

release from detention by Customs officers. Clearance by a Service

officer may be obtained only at designated ports, border ports, special

ports, or any port where importation is authorized by permit, unless

the wildlife is otherwise exempted from such requirement. The Service's

existing exceptions to clearance requirements for certain wildlife are

set forth in Sec. 14.55. The Service is proposing to amend Sec. 14.55

by adding a new paragraph at Sec. 14.55(d) providing an additional

exception to the Service clearance requirements for dead, preserved,

dried, or embedded specimens or parts thereof, imported or exported by

accredited scientists and/or accredited scientific institutions for

taxonomic or systematic research purposes.

The provisions of Sec. 14.61 require that a completed Declaration

for Importation and Exportation of Fish and Wildlife (Form 3-177) be

filed with the Service when clearance is requested. A Declaration for

Importation and Exportation of Wildlife does not have to be filed,

however, for certain categories of wildlife provided an exception under

Sec. 14.62, entitled Exceptions to Import Declaration Requirements. The

Service is amending Sec. 14.62 by revising Sec. Sec. 14.62(c) and

adding a new paragraph at Sec. 14.62(d) to provide an additional

exception to the import declaration requirements. This provision will

provide that a Declaration for the Importation or Exportation of Fish

or Wildlife (Form 3-177) does not have to be filed at the time of

importation for shipments of dead, preserved, dried, or embedded

scientific specimens or parts thereof, imported by accredited

scientists and/or accredited scientific institutions for taxonomic or

systematic research purposes

equirements. This provision will

provide that a Declaration for the Importation or Exportation of Fish

or Wildlife (Form 3-177) does not have to be filed at the time of

importation for shipments of dead, preserved, dried, or embedded

scientific specimens or parts thereof, imported by accredited

scientists and/or accredited scientific institutions for taxonomic or

systematic research purposes. This exception, however, will not apply

in situations where the wildlife being imported requires a permit under

any of the Service regulations established in Title 50 CFR Parts 16,

17, 18, 21, 22, and 23.

Except for wildlife requiring a permit pursuant to parts 16, 17,

18, 21, 22 and 23 of this subchapter, the new Sec. 14.62(d) will

provide that a Declaration for the Importation or Exportation of Fish

or Wildlife (Form 3-177) does not have to be filed at the time of

importation for shipments of dead, preserved, dried, or embedded

scientific specimens or parts thereof, imported by accredited

scientists and/or accredited scientific institutions for taxonomic or

systematic research purposes. A Form 3-177 must be filed within 180

days of importation with the appropriate Assistant Regional Director--

Law Enforcement in the Region where the importation occurs. The

specimens must be identified to the most accurate taxonomic

classification reasonably practicable using the best available

taxonomic information, and the country of origin must be declared. This

exception to the import declaration requirements will be limited to

only exchanges made by accredited scientists or accredited scientific

institutions and shall not apply to any specimens or parts thereof,

taken as a result of sport hunting.

Section 14.63 set forth the requirement that a completed

Declaration of Importation and Exportation of Fish or Wildlife (Form 3-

177) must be filed with the Service prior to the export of any

wildlife. Certain exceptions to this export declaration requirement are

provided in Sec. 14.64

fic

institutions and shall not apply to any specimens or parts thereof,

taken as a result of sport hunting.

Section 14.63 set forth the requirement that a completed

Declaration of Importation and Exportation of Fish or Wildlife (Form 3-

177) must be filed with the Service prior to the export of any

wildlife. Certain exceptions to this export declaration requirement are

provided in Sec. 14.64. The Service is amending Sec. 14.64, by adding a

new paragraph at Sec. 14.64(b)(3) to provide an additional exception to

the Service's export declaration requirements. This exception will

provide that a Declaration for the Importation or Exportation of Fish

or Wildlife (Form 3-177) does not have to be filed at the time of

exportation for shipments of dead, preserved dried, or embedded

scientific specimens or parts thereof, exported by accredited

scientists and/or accredited scientific institutions for taxonomic or

systematic research purposes. This exception, however, will not apply

in situations where the wildlife being exported requires a permit under

any of the Service regulations established in Title 50 CFR parts 16,

17, 18, 21, 22, and 23.

Except for wildlife requiring a permit pursuant to parts 16, 17,

18, 21, 22 and 23 of this subchapter, the new Sec. 14.63(b)(3) will

provide that a Declaration for the Importation or Exportation of Fish

or Wildlife (Form 3-177) does not have to be filed at the time of

exportation for shipments of dead, preserved, dried, or embedded

scientific specimens or parts thereof, exported by accredited

scientists and/or accredited scientific institutions for taxonomic or

systematic research purposes. A Form 3-177 must be filed within 180

days of exportation with the appropriate Assistant Regional Director--

Law Enforcement in the Region where the exportation occurs. The

specimens must be identified to the most accurate taxonomic

classification reasonably practicable using the best available

taxonomic information, and the country of origin must be declared

or

systematic research purposes. A Form 3-177 must be filed within 180

days of exportation with the appropriate Assistant Regional Director--

Law Enforcement in the Region where the exportation occurs. The

specimens must be identified to the most accurate taxonomic

classification reasonably practicable using the best available

taxonomic information, and the country of origin must be declared. This

exception to the export declaration requirements will be limited to

only exchanges made by accredited scientists or accredited scientific

institutions and will not apply to any specimens or parts thereof,

taken as result of sport hunting.

The Service is currently deliberating upon the comments received to

its earlier proposed rule. The Service invites public comments to these

new proposals and will respond to all comments to its proposals in the

final rule.

Required Determination

This rule was not subject to Office of Management and Budget (OMB)

review under Executive Order 12866. The Department of the Interior

(Department) has determined that this proposed rule will not have a

significant economic effect on a substantial number of small entities

under the Regulatory Act (5 U.S.C. 601 et seq.). This action is not

expected to have significant taking implications, as per Executive

Order 12630.

This proposed rule does not contain any additional information

collection requirements, beyond those already approved under OMB

Approval Number 1018-0012, that would require approval by the Office of

Management and Budget under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq. This action does not contain any federalism

impacts as described in Executive Order 12612.

These proposed changes in the regulations in parts 13 and 14 are

regulatory and enforcement actions which are covered by a categorical

exclusion from National Environmental Policy Act procedures under 516

Department Manual and an Environmental Action Memorandum is on file at

the Service's office in Arlington, Virginia

not contain any federalism

impacts as described in Executive Order 12612.

These proposed changes in the regulations in parts 13 and 14 are

regulatory and enforcement actions which are covered by a categorical

exclusion from National Environmental Policy Act procedures under 516

Department Manual and an Environmental Action Memorandum is on file at

the Service's office in Arlington, Virginia. A determination has been

made pursuant to Section 7 of the Endangered Species Act that the

proposed revision of part 14 will not effect federally listed species.

The Department has certified to OMB that these regulations meet the

applicable standards provided in Section 2(a) and 2(b)(2) of Executive

Order 12778.

Authorship. The originators of this proposed rule are Special

Agents Frank Shoemaker and Marty Hernandez, and Law Enforcement

Specialist Paul McGowan, Division of Law Enforcement, U.S. Fish and

Wildlife Service, Washington, D.C.

List of Subjects in 50 CFR Part 14

Animal welfare, Exports, Fish, Imports, Labeling, Reporting and

recordkeeping requirements, Transportation, Wildlife.

Regulation Promulgation

For the reasons set out in the preamble, title 50, chapter I,

subchapter B of the Code of Federal Regulations is proposed to be

amended as set forth below:

PART 14--[AMENDED]

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

follows:

Authority: 16 U.S.C. 704, 712, 1382, 1538(d)-(f), 1539, 1540(f),

3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 483(a).

2. Section 14.4, as proposed to be added at 59 FR 47217, September

14, 1994, is amended by adding paragraphs (e) and (f) to read as

follows:

Sec. 14.4 Definitions.

* * * * *

--[AMENDED]

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

follows:

Authority: 16 U.S.C. 704, 712, 1382, 1538(d)-(f), 1539, 1540(f),

3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 483(a).

2. Section 14.4, as proposed to be added at 59 FR 47217, September

14, 1994, is amended by adding paragraphs (e) and (f) to read as

follows:

Sec. 14.4 Definitions.

* * * * *

(e) Accredited scientific institutions include any public museum,

public zoological park, accredited institution of higher education,

accredited member of the American Zoological Association, accredited

member of the American Zoological Association, accredited member of the

American Association of Systematic Collections, or any State or Federal

government agency that conducts biological or medical research.

(f) Accredited scientist includes any individual associated with,

employed by, or under contract to and accredited by an accredited

scientific institution for the purposes of conducting biological or

medical research, and whose research activities are approved and

sponsored by the scientific institution granting accreditation.

3. A new Sec. 14.24 is added to read as follows:

Sec. 14.24 Scientific specimens.

Except for wildlife requiring a permit pursuant to parts 16, 17,

18, 21, 22 and 23 of this subchapter, dead, preserved, dried, or

embedded scientific specimens or parts thereof, imported or exported by

accredited scientists and/or accredited scientific institutions may be

imported or exported through any U.S. Customs port, or may be shipped

through the international mail system. Provided: That this exception

will not apply to any specimens or parts thereof, taken as a result of

sport hunting.

4. Section 14.55 is amended by adding paragraph (d) to read as

follows:

Sec. 14.55 Exceptions to clearance requirements.

* * * * *

dited scientific institutions may be

imported or exported through any U.S. Customs port, or may be shipped

through the international mail system. Provided: That this exception

will not apply to any specimens or parts thereof, taken as a result of

sport hunting.

4. Section 14.55 is amended by adding paragraph (d) to read as

follows:

Sec. 14.55 Exceptions to clearance requirements.

* * * * *

(d) Dead, preserved, dried, or embedded scientific specimens or

parts thereof, imported or exported by accredited scientists and/or

accredited scientific institutions for taxonomic or systematic research

purposes. Provided: That this exception will not apply to any specimens

or parts thereof, taken as a result of sport hunting.

5. Section 14.62 is amended by revising paragraph (c) and adding

paragraph (d) to read as follows:

Sec. 14.62 Exceptions to import declaration requirements.

* * * * *

(c) General declarations for certain specimens. Notwithstanding the

provisions of Sec. 14.61 and except for wildlife included in paragraph

(d) of this section, scientific specimens imported for scientific

institutions for taxonomic, systematic research, or faunal survey

purposes may be described in general terms on a Declaration for the

Importation or Exportation of Fish or Wildlife (Form 3-177). An amended

Form 3-177 must be filed within 180 days after filing of the general

declaration with the Service. The specimens must be identified to the

most accurate taxonomic classification reasonably practicable using the

best available taxonomic information. Extensions of the 180 day period

may be granted by the Director.

for the

Importation or Exportation of Fish or Wildlife (Form 3-177). An amended

Form 3-177 must be filed within 180 days after filing of the general

declaration with the Service. The specimens must be identified to the

most accurate taxonomic classification reasonably practicable using the

best available taxonomic information. Extensions of the 180 day period

may be granted by the Director.

(d) Except for wildlife requiring a permit pursuant to parts 16,

17, 18, 21, 22 and 23 of this subchapter, a Declaration for the

Importation or Exportation of Fish or Wildlife (Form 3-177) does not

have to be filed at the time of importation for shipments of dead,

preserved, dried, or embedded scientific specimens or parts thereof,

imported by accredited scientists and/or accredited scientific

institutions for taxonomic or systematic research purposes. A Form 3-

177 must be filed within 180 days of importation with the appropriate

Assistant Regional Director--Law Enforcement in the Region where the

importation occurs. The specimens must be identified to the most

accurate taxonomic classification reasonably practicable using the best

available taxonomic information, and the country of origin must be

declared. Provided: That this exception will not apply to any specimens

or parts thereof, taken as a result of sport hunting.

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

follows:

Sec. 14.64 Exceptions to export declaration requirements.

* * * * *

mic classification reasonably practicable using the best

available taxonomic information, and the country of origin must be

declared. Provided: That this exception will not apply to any specimens

or parts thereof, taken as a result of sport hunting.

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

follows:

Sec. 14.64 Exceptions to export declaration requirements.

* * * * *

(b) * * *

(3) Except for wildlife requiring a permit pursuant to parts 16,

17, 18, 21, 22 and 23 of this subchapter, a Declaration for the

Importation or Exportation of Fish or Wildlife (Form 3-177) does not

have to be filed at the time of exportation for shipments of dead,

preserved, dried, or embedded scientific specimens or parts thereof,

exported by accredited scientists and/or accredited scientific

institutions for taxonomic or systematic research purposes. A Form 3-

177 must be filed within 180 days of exportation with the appropriate

Assistant Regional Director--Law Enforcement in the Region where the

exportation occurs. The specimens must be identified to the most

accurate taxonomic classification reasonably practicable using the best

available taxonomic information, and the country of origin must be

declared. Provided: That this exception shall not apply to any

specimens or parts thereof, taken as a result of sport hunting.

Dated: February 10, 1995.

George T. Frampton Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

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

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