[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