[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Proposed Rules]
[Pages 15277-15279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7085]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 14
RIN 1018-AB49
Importation, Exportation, and Transportation of Wildlife
agency: Fish and Wildlife Service, Interior.
action: Proposed rule; supplemental.
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summary: The U.S. Fish and Wildlife Service (Service) is proposing
additional changes to its regulations providing for uniform rules and
procedures for the importation, exportation, and transportation of
wildlife. The Service is proposing to allow the importation and
exportation of dead, preserved, dried, or embedded scientific wildlife
specimens by accredited scientists or accredited scientific
institutions at any U.S. Customs port, or by way of the international
mail. This proposed rule is a supplement to the Service's previous
proposal published on September 14, 1994.
dates: Comments must be submitted on or before May 22, 1995.
addresses: Comments and materials concerning this proposal should be
sent to the Director, U.S. Fish and Wildlife Service, P.O. Box 3247,
Arlington, Virginia 22203-3247. Comments and materials may be hand-
delivered to the U.S. Fish and Wildlife Service, Division of Law
Enforcement, 4401 N. Fairfax Drive, Room 500, Arlington, Virginia,
between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday.
for further information contact: Frank Shoemaker, Special Agent in
Charge, Branch of Investigations, Division of Law Enforcement,
telephone (703) 358-1949.
supplementary information: On Wednesday, September 14, 1994, the
Service published in the Federal Register (59 FR 47212) a proposed rule
amending 50 CFR parts 13 and 14. Since the date of the publication of
this prior proposed rule, the Service has received numerous inquiries
from the scientific community concerned about the effects of the
Service's regulations upon the ordinary scientific exchange of dead,
preserved, dried, or embedded taxonomic or systematic collection
specimens, or parts thereof, being imported or exported through the
international mail or by way of ports other than Service designated
ports of entry. The Service's proposed rule of September 14, 1994, made
no substantive changes to the prior requirements of the existing
regulations related to such matters and only touched upon such
requirements tangentially. The Service has become aware, however, in
responding to the numerous public inquiries regarding the scope of the
proposed rule that some reasonable concerns exist with respect to its
present requirements governing the importation or exportation of
taxonomic or systematic collection specimens, or parts thereof, and
acknowledges that some substantive changes to those requirements are
necessarily in order. The Service, therefore, is making supplementary
proposals at this time, in addition to those already published in the
proposed rule of September 14, 1994. The Service makes these proposals
in an effort to facilitate the importation and exportation of dead,
preserved, dried, or embedded scientific specimens or parts thereof,
encompassed within the definition of wildlife, and thereby alleviate
any unnecessary impediments to scientific exchange its existing
regulations may have imposed.
The Service is proposing to facilitate the importation or
exportation of dead, preserved, dried, or embedded scientific taxonomic
or systematic collection specimens, or parts thereof, by accredited
scientists or accredited institutions by making several changes in its
current regulations. The Service, in order to clarify its requirements,
will define the terms ``Accredited scientific institutions'' and
``Accredited scientist'' in the definition section provided in
Sec. 14.4. The term ``Accredited scientific institutions'' is defined
to include any public museum, public zoological park, accredited
institution of higher education, accredited member of the American
Zoological Association, accredited member of the American Association
of Systematic Collections, or any State or Federal government agency
that conducts biological or medical research. The term ``Accredited
scientist'' is defined to include any individual associated with,
employed by, or under contract to and accredited [[Page 15278]] by an
accredited scientific institution for the purposes of conducting
biological or medical research, and whose research activities are
approved and sponsored by the scientific institution granting
accreditation.
The Service will also add a new section at Sec. 14.24, to be
entitled Scientific Specimens. This new section will provide for dead,
preserved, dried, or embedded taxonomic or systematic collection
specimens to be imported or exported by accredited scientists and/or
scientific institutions by way of any U.S. Customs port or to be
shipped through the international mail. This exception, however, will
not apply in situations where the wildlife being imported or exported
requires a permit under any of the Service regulations established in
50 CFR parts 16, 17, 18, 21, 22, and 23 that set forth the Service
regulations implementing: the Lacey Act, (18 U.S.C. 42); the Endangered
Species Act (ESA), (16 U.S.C. 1531-1543); the Marine Mammal Protection
Act (MMPA), (16 U.S.C. 1361-1407); the Migratory Bird Treaty Act
(MBTA), (16 U.S.C. 703-712); the Bald and Golden Eagle Protection Act
(Eagle Act), (16 U.S.C. 668); and the Convention on International Trade
in Endangered Species of Wild Flora and Fauna (CITES), respectively. In
addition this exception will not apply to any specimen or part of any
specimen taken as a result of sport hunting. The term ``sport hunting''
will be given its common and ordinary meaning.
In general all wildlife imported into the United States must be
cleared in accordance with Sec. 14.52 by a Service officer prior to its
release from detention by Customs officers. Clearance by a Service
officer may be obtained only at designated ports, border ports, special
ports, or any port where importation is authorized by permit, unless
the wildlife is otherwise exempted from such requirement. The Service's
existing exceptions to clearance requirements for certain wildlife are
set forth in Sec. 14.55. The Service is proposing to amend Sec. 14.55
by adding a new paragraph at Sec. 14.55(d) providing an additional
exception to the Service clearance requirements for dead, preserved,
dried, or embedded specimens or parts thereof, imported or exported by
accredited scientists and/or accredited scientific institutions for
taxonomic or systematic research purposes.
The provisions of Sec. 14.61 require that a completed Declaration
for Importation and Exportation of Fish and Wildlife (Form 3-177) be
filed with the Service when clearance is requested. A Declaration for
Importation and Exportation of Wildlife does not have to be filed,
however, for certain categories of wildlife provided an exception under
Sec. 14.62, entitled Exceptions to Import Declaration Requirements. The
Service is amending Sec. 14.62 by revising Sec. Sec. 14.62(c) and
adding a new paragraph at Sec. 14.62(d) to provide an additional
exception to the import declaration requirements. This provision will
provide that a Declaration for the Importation or Exportation of Fish
or Wildlife (Form 3-177) does not have to be filed at the time of
importation for shipments of dead, preserved, dried, or embedded
scientific specimens or parts thereof, imported by accredited
scientists and/or accredited scientific institutions for taxonomic or
systematic research purposes. This exception, however, will not apply
in situations where the wildlife being imported requires a permit under
any of the Service regulations established in Title 50 CFR Parts 16,
17, 18, 21, 22, and 23.
Except for wildlife requiring a permit pursuant to parts 16, 17,
18, 21, 22 and 23 of this subchapter, the new Sec. 14.62(d) will
provide that a Declaration for the Importation or Exportation of Fish
or Wildlife (Form 3-177) does not have to be filed at the time of
importation for shipments of dead, preserved, dried, or embedded
scientific specimens or parts thereof, imported by accredited
scientists and/or accredited scientific institutions for taxonomic or
systematic research purposes. A Form 3-177 must be filed within 180
days of importation with the appropriate Assistant Regional Director--
Law Enforcement in the Region where the importation occurs. The
specimens must be identified to the most accurate taxonomic
classification reasonably practicable using the best available
taxonomic information, and the country of origin must be declared. This
exception to the import declaration requirements will be limited to
only exchanges made by accredited scientists or accredited scientific
institutions and shall not apply to any specimens or parts thereof,
taken as a result of sport hunting.
Section 14.63 set forth the requirement that a completed
Declaration of Importation and Exportation of Fish or Wildlife (Form 3-
177) must be filed with the Service prior to the export of any
wildlife. Certain exceptions to this export declaration requirement are
provided in Sec. 14.64. The Service is amending Sec. 14.64, by adding a
new paragraph at Sec. 14.64(b)(3) to provide an additional exception to
the Service's export declaration requirements. This exception will
provide that a Declaration for the Importation or Exportation of Fish
or Wildlife (Form 3-177) does not have to be filed at the time of
exportation for shipments of dead, preserved dried, or embedded
scientific specimens or parts thereof, exported by accredited
scientists and/or accredited scientific institutions for taxonomic or
systematic research purposes. This exception, however, will not apply
in situations where the wildlife being exported requires a permit under
any of the Service regulations established in Title 50 CFR parts 16,
17, 18, 21, 22, and 23.
Except for wildlife requiring a permit pursuant to parts 16, 17,
18, 21, 22 and 23 of this subchapter, the new Sec. 14.63(b)(3) will
provide that a Declaration for the Importation or Exportation of Fish
or Wildlife (Form 3-177) does not have to be filed at the time of
exportation for shipments of dead, preserved, dried, or embedded
scientific specimens or parts thereof, exported by accredited
scientists and/or accredited scientific institutions for taxonomic or
systematic research purposes. A Form 3-177 must be filed within 180
days of exportation with the appropriate Assistant Regional Director--
Law Enforcement in the Region where the exportation occurs. The
specimens must be identified to the most accurate taxonomic
classification reasonably practicable using the best available
taxonomic information, and the country of origin must be declared. This
exception to the export declaration requirements will be limited to
only exchanges made by accredited scientists or accredited scientific
institutions and will not apply to any specimens or parts thereof,
taken as result of sport hunting.
The Service is currently deliberating upon the comments received to
its earlier proposed rule. The Service invites public comments to these
new proposals and will respond to all comments to its proposals in the
final rule.
Required Determination
This rule was not subject to Office of Management and Budget (OMB)
review under Executive Order 12866. The Department of the Interior
(Department) has determined that this proposed rule will not have a
significant economic effect on a substantial number of small entities
under the Regulatory Act (5 U.S.C. 601 et seq.). This action is not
expected to have significant taking implications, as per Executive
Order 12630.
This proposed rule does not contain any additional information
collection requirements, beyond those already approved under OMB
Approval Number 1018-0012, that would require approval by the Office of
Management and Budget under the Paperwork Reduction [[Page 15279]] Act,
44 U.S.C. 3501 et seq. This action does not contain any federalism
impacts as described in Executive Order 12612.
These proposed changes in the regulations in parts 13 and 14 are
regulatory and enforcement actions which are covered by a categorical
exclusion from National Environmental Policy Act procedures under 516
Department Manual and an Environmental Action Memorandum is on file at
the Service's office in Arlington, Virginia. A determination has been
made pursuant to Section 7 of the Endangered Species Act that the
proposed revision of part 14 will not effect federally listed species.
The Department has certified to OMB that these regulations meet the
applicable standards provided in Section 2(a) and 2(b)(2) of Executive
Order 12778.
Authorship. The originators of this proposed rule are Special
Agents Frank Shoemaker and Marty Hernandez, and Law Enforcement
Specialist Paul McGowan, Division of Law Enforcement, U.S. Fish and
Wildlife Service, Washington, D.C.
List of Subjects in 50 CFR Part 14
Animal welfare, Exports, Fish, Imports, Labeling, Reporting and
recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, title 50, chapter I,
subchapter B of the Code of Federal Regulations is proposed to be
amended as set forth below:
PART 14--[AMENDED]
1. The authority citation for part 14 is revised to read as
follows:
Authority: 16 U.S.C. 704, 712, 1382, 1538(d)-(f), 1539, 1540(f),
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 483(a).
2. Section 14.4, as proposed to be added at 59 FR 47217, September
14, 1994, is amended by adding paragraphs (e) and (f) to read as
follows:
Sec. 14.4 Definitions.
* * * * *
(e) Accredited scientific institutions include any public museum,
public zoological park, accredited institution of higher education,
accredited member of the American Zoological Association, accredited
member of the American Zoological Association, accredited member of the
American Association of Systematic Collections, or any State or Federal
government agency that conducts biological or medical research.
(f) Accredited scientist includes any individual associated with,
employed by, or under contract to and accredited by an accredited
scientific institution for the purposes of conducting biological or
medical research, and whose research activities are approved and
sponsored by the scientific institution granting accreditation.
3. A new Sec. 14.24 is added to read as follows:
Sec. 14.24 Scientific specimens.
Except for wildlife requiring a permit pursuant to parts 16, 17,
18, 21, 22 and 23 of this subchapter, dead, preserved, dried, or
embedded scientific specimens or parts thereof, imported or exported by
accredited scientists and/or accredited scientific institutions may be
imported or exported through any U.S. Customs port, or may be shipped
through the international mail system. Provided: That this exception
will not apply to any specimens or parts thereof, taken as a result of
sport hunting.
4. Section 14.55 is amended by adding paragraph (d) to read as
follows:
Sec. 14.55 Exceptions to clearance requirements.
* * * * *
(d) Dead, preserved, dried, or embedded scientific specimens or
parts thereof, imported or exported by accredited scientists and/or
accredited scientific institutions for taxonomic or systematic research
purposes. Provided: That this exception will not apply to any specimens
or parts thereof, taken as a result of sport hunting.
5. Section 14.62 is amended by revising paragraph (c) and adding
paragraph (d) to read as follows:
Sec. 14.62 Exceptions to import declaration requirements.
* * * * *
(c) General declarations for certain specimens. Notwithstanding the
provisions of Sec. 14.61 and except for wildlife included in paragraph
(d) of this section, scientific specimens imported for scientific
institutions for taxonomic, systematic research, or faunal survey
purposes may be described in general terms on a Declaration for the
Importation or Exportation of Fish or Wildlife (Form 3-177). An amended
Form 3-177 must be filed within 180 days after filing of the general
declaration with the Service. The specimens must be identified to the
most accurate taxonomic classification reasonably practicable using the
best available taxonomic information. Extensions of the 180 day period
may be granted by the Director.
(d) Except for wildlife requiring a permit pursuant to parts 16,
17, 18, 21, 22 and 23 of this subchapter, a Declaration for the
Importation or Exportation of Fish or Wildlife (Form 3-177) does not
have to be filed at the time of importation for shipments of dead,
preserved, dried, or embedded scientific specimens or parts thereof,
imported by accredited scientists and/or accredited scientific
institutions for taxonomic or systematic research purposes. A Form 3-
177 must be filed within 180 days of importation with the appropriate
Assistant Regional Director--Law Enforcement in the Region where the
importation occurs. The specimens must be identified to the most
accurate taxonomic classification reasonably practicable using the best
available taxonomic information, and the country of origin must be
declared. Provided: That this exception will not apply to any specimens
or parts thereof, taken as a result of sport hunting.
6. Section 14.64 is amended by adding paragraph (b)(3) to read as
follows:
Sec. 14.64 Exceptions to export declaration requirements.
* * * * *
(b) * * *
(3) Except for wildlife requiring a permit pursuant to parts 16,
17, 18, 21, 22 and 23 of this subchapter, a Declaration for the
Importation or Exportation of Fish or Wildlife (Form 3-177) does not
have to be filed at the time of exportation for shipments of dead,
preserved, dried, or embedded scientific specimens or parts thereof,
exported by accredited scientists and/or accredited scientific
institutions for taxonomic or systematic research purposes. A Form 3-
177 must be filed within 180 days of exportation with the appropriate
Assistant Regional Director--Law Enforcement in the Region where the
exportation occurs. The specimens must be identified to the most
accurate taxonomic classification reasonably practicable using the best
available taxonomic information, and the country of origin must be
declared. Provided: That this exception shall not apply to any
specimens or parts thereof, taken as a result of sport hunting.
Dated: February 10, 1995.
George T. Frampton Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-7085 Filed 3-22-95; 8:45 am]
BILLING CODE 4310-55-M
