[Federal Register Volume 59, Number 177 (Wednesday, September 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22542]
[[Page Unknown]]
[Federal Register: September 14, 1994]
_______________________________________________________________________
Part II
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
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50 CFR Parts 13 and 14
Importation, Exportation, and Transportation of Wildlife; Proposed Rule
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: Proposed rule.
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SUMMARY: This proposed rule would revise 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 proposed for inclusion, and several
errors in reference are corrected. 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 revised. The exceptions to the import
declaration requirements and export declaration requirements are also
revised.
The Service minimum age requirement for certain antique articles,
other than scrimshaw, imported into the United States is revised. The
Service is also revising its clearance requirements and its refusal of
clearance requirements. The Service's import declaration filing
requirements are also revised.
Changes are also proposed in the marking requirements for
containers. Further changes are proposed in the import and export
license requirements and fee schedules and the exceptions to license
requirements. In addition to the above changes, the non-standard fee
schedule in Part 13 for an import/export license is amended.
DATES: Comments must be submitted on or before November 14, 1994.
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 a.m. and 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Frank Shoemaker, 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 properly 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 14
and are implemented through the cooperative efforts of the U.S. Fish
and Wildlife Service, Special Agents and Wildlife Inspectors and with
the essential support, cooperation and assistance of the U.S. Customs
Service (Customs) and the Animal and Plant Health Inspection Service
and other cooperative agencies.
The Service proposes to make the following changes to the
Importation, Exportation, and Transportation of Wildlife regulations in
Part 14. A new Section 14.4, entitled ``Definitions'' is proposed to
include several new definitions. In proposing these new definitions,
the Service hopes that greater uniformity in the interpretation of Part
14 will be achieved. This section will also include a definition for
the term ``commercial'' indicating when the commercial intent of a
shipment becomes presumptive. This definition is intended to delineate
when an import/export license will be required for a wildlife shipper
and when other requirements applicable to commercial wildlife
enterprises will ensue. A definition is also proposed for the term
``export'' to delineate when the filing of an export declaration will
be required. The term ``accompanying personal baggage'' is also newly
defined to remove any confusion as to when hand-carried items and
checked baggage will be regarded by the Service as an export or import
respectively. The meaning of the term ``domesticated animal'' has been
defined to distinguish such animals from wildlife. In addition to the
above changes, the term ``worn'' in Sec. 14.15 has been removed and
replaced with the term ``used'' in order to clearly define when
wildlife products will be included within the personal baggage and
household effects exception to the designated port requirements.
The Service has made several administrative corrections within the
text of the regulations. Corrections have been made changing 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) to read
Sec. 14.93(c) and Sec. 14.93(c)(1) respectively. These cites reference
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
revised to include references to Part 23: at Sec. 14.21, the exception
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
exceptions to export declaration requirements stating when a Service
export declaration (Form 3-177) is not required; and at Sec. 14.92 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 proposing to change the age minimum in Sec. 14.22
for certain antique articles for consistency with changes in the
Endangered Species Act. The Service is also adding in Sec. 14.21(a)(2)
an exception to the designated port requirements for marine
invertebrates of the Class Pelycopoda; species 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 for commercial
purposes. The requirements for the clearance of wildlife, at
Sec. 14.52, and the refusal of clearance of wildlife at Sec. 14.53 are
being revised to show the applicability of these sections to both
exported and imported wildlife. The provisions of Sec. 14.52 have been
revised 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 revised 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 has also been
revised to include as an additional basis for the refusal of clearance
in Sec. 14.53 the failure to pay an assessed penalty levied upon an
importer or exporter under Part 11. Another significant change being
made to Sec. 24.53 is the establishment of a formal detention process,
similar to that of the Customs Service, within the section. This
detention procedure is necessary to provide for the Service's detention
of wildlife, to identify or determine applicable state or foreign
sovereign law, in order to establish probable cause to seize the
wildlife in question.
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 and when wildlife is required to be inspected
prior to export.
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 revised 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 the U.S. Customs entry
system allow entry documents to be filed electronically by an
authorized Customs broker using the electronic entry system.
The Service's exceptions to import requirements in Sec. 14.62 are
revised to exclude, in addition to articles intended for sale, articles
or samples used as exhibits to solicit sales. This section is to be
further revised to remove anerroneous reference to an obsolete U.S.
Customs Service form. In Sec. 14.64(a) the Service is adding an
additional exception to the export declaration requirements for marine
invertebrates of the Class Pelycopoda; species 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 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 proposed 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. In accordance with Sec. 14.81, the Service will also 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.
The provision of Sec. 14.91(c) establishes that persons engaged in
certain enumerated activities are required to hold an import/export
license. The provisions of this section have been revised and amended
to be more clearly worded 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 license requirements provisions providing an exception
for marine invertebrates of the Class Pelycopoda; species 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 for commercial
purposes. Sections 14.92(b)(1) and 14.92(b)(2) have been amended to
allow for an exception to the import/export license requirement for
common carriers and custom house brokers, only in instances where they
are acting in their respective function as transporters or agents and
not as the importer or exporter of record.
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. Generally,
these inspection procedures are uniformly required and equivalent in
their demands upon work-units of the Service, with some exceptions, for
all shipments of wildlife regardless of value, size of shipment, or the
variety of regulated wildlife species. Because of the nature of the
inspection and the administrative support required, a direct
correlation between the value of a wildlife shipment 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.
Service uniform import/export user fee schedules have been set out
and promulgated at 50 CFR 14. A review of available user fee
information shows that 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 the 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 finally a 1992 draft of the CITES Implementation Study,
prepared by Traffic, U.S.A.
One recommendation consistently made in these studies is that the
Service should revise 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 proposing to adjust its fees for
certain activities in order to recover the actual costs of the services
provided for all commercial import/export activities as proposed
herein.
Inspection Fees
All commercial importers and exporters of wildlife and wildlife
products are charged an inspection fee for actual inspection time at a
designated hourly rate (including salary and travel costs) with a 2
hour minimum for shipments imported or exported through any port other
than one of the ports designated in Sec. 14.12. The current rate is $25
per hour. Where an inspection occurs on a holiday or a Sunday, the
hourly rate is doubled. In addition, there is an administrative fee
charged to all importers/exporters at non-designated ports to cover the
costs of processing and filing the paperwork and the entry of data into
the Service's computer system. The current administrative fee charged
to all importers/exporters at non-designated ports is $25.
Import/Export Licenses
Pursuant to its authority the Service requires persons engaged in
business as importers and exporters of wildlife and wildlife products
to obtain a wildlife import/export license and to comply with all
administrative reporting and documentation requirements. The Service
currently charges $125 per license annually. Holders of import/export
licenses must pay a user fee for each shipment that is imported or
exported at a designated port of entry listed in Sec. 14.12. The
current fee is $25 for each shipment imported or exported at a
designated port. In addition, overtime costs are charged to the
importer or exporter at the rate of $25 per hour or a fractional
increment thereof. However, non-commercial shipments and shipments
imported or exported by persons or businesses exempt from the license
requirements are not charged an inspection fee at designated ports, but
may be charged overtime costs where such inspections are incurred at
the specific request of the importer or exporter.
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, only 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 proposing to adjust its fee schedules
in Sec. 14.93 in order to recoup the full cost of the import/export
inspection program. First, the Service is proposing to require 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. This
would eliminate the yearly value exception in Sec. 14.92(b)(6). This is
a change from the current system where only commercial importers/
exporters who import or export more than $25,000 in wildlife products
annually were required to obtain a license. Second, the Service is
proposing to adjust the cost of issuing an import/export license by
reducing the cost of a license from the present rate of $125 per year
to $50 per year. Third, the Service is proposing to increase 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 to
the Service to process a shipment is $55 per shipment. Therefore, the
Service is proposing to increase the cost of this fee to $55 per
shipment in order to more realistically recover costs. Fourth, the
Service is proposing to increase the administrative fee charged at non-
designated ports from $25 to $55, in addition to the inspection fee, to
recover its actual costs and to make this fee consistent with the
proposed 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 propose substantive changes to Title 50 CFR Part
13 at a later time. The Service is, however, revising the non-standard
fee schedule in Sec. 13.11(d)(4) to be consistent with the proposed
changes to Part 14.
Summary of Comments and Information Received
On Thursday, November 14, 1991, the Service published, in the
Federal Register, (56 FR 57873), a Notice of Intent to Review Title 50
CFR Parts 13 and 14. The Service, in this notice, requested that all
interested parties submit written comments. In response to this
request, the Service received comments from a total of 66 individuals
and organizations.
Specifically, written comments were received from 36 individuals,
11 Government agencies, 8 sportsman associations, 1 American Indian
tribe, 3 scientific associations, and 7 wildlife management and
conservation associations. The Service has carefully considered all
comments received in response to the Notice in proposing these changes
to Parts 13 and 14.
Comments Pertaining to 50 CFR 14.12 Through 14.18
Several comments recommended the addition of the port of Detroit,
Michigan to the list of ``Designated Ports'' in Sec. 14.12. The Service
has carefully considered this request, but has decided not to list
Detroit as a designated port at this time. The Service believes that
designated port status is not warranted at this time because of the
close proximity of Detroit to the designated port of Chicago, a major
commercial airport hub for air cargo. Although Detroit has a growing
air cargo sector, it is modest in comparison to Chicago. Detroit does
have international air passenger service and a land border with Canada;
however, the workload does not warrant designated port status at this
time.
Several commenters recommended that the Service revise the words
``not intended for sale'' in Sec. 14.15 to include items being imported
or exported for the stated purpose of display in order to solicit
sales. Another specific change recommended to Sec. 14.15 favored the
establishment of a limitation on the value or number of items of
personal baggage and household effects that may be imported or exported
pursuant to the designated port exception in Sec. 14.15 for
accompanying personal baggage and household effects. The commenter
further recommended that the Service make any exceeding of the proposed
personal baggage and household effects limitation evidence of intent to
sell. The Service agrees that the misuse of this designated port
exception has become a concern.
The Service believes this problem is best addressed in two ways.
First, greater cooperation with Customs officials is needed when
quantities of wildlife items in excess of those allowed by Customs are
clearly evident. Second, the Service is proposing to more clearly
define the terms ``commercial'' and ``accompanying personal baggage''
to clearly distinguish commercial importations and exportations and
effectively prevent the misuse of the designated port exception.
Several commenters expressed the concerns of the scientific
community. One commenter requested that the Service provide a special
designated port of entry exemption similar to those provided for
personally owned birds, marine mammals, and personal effects in
Sec. 14.15, Sec. 14.17, and Sec. 14.18 so that scientific specimens or
wildlife intended for scientific use can be imported at any customs
port of entry. This proposal, as noted by the commenter, would
eliminate excessive paperwork and allow for unforeseen and
uncontrollable circumstances.
The Service is sympathetic to the concerns of the scientific
community. However, no changes are anticipated at this time. The
Service notes in making this determination that the exemptions referred
to by the commenter were personal exemptions. Scientific collections,
however, are distinguishable in that they are not considered personal
exemptions by the Service. The Service continues to recognize the need
to carefully monitor the importation of scientific wildlife specimens.
Comments Pertaining to Section 14.22: Certain Antique Articles
Another commenter recommended that the limitation date specified in
Sec. 14.22 for ``Certain Antique Articles'' be changed from the year
``1830'' to the phrase ``100 years old.'' The Service agrees with the
opinion expressed by the commenter and has proposed this change.
Comments Pertaining to Section 14.31: Permits to Import or Export
Wildlife at Non-Designated Port for Scientific Purposes
A few commenters recommended that application procedures in
Sec. 14.31(b)(2) be revised to alleviate unnecessary procedural delays
imposed upon foreign researchers. These delays were said to be incurred
in instances where scientific specimens are sent out on loan and later
returned. Delays are said to occur because of the required listing of
all species being sent out of the country and because of the additional
time lost in waiting for written approval prior to shipping.
Another recommendation was that blanket permits be issued for terms
of at least 4 years for movement of preserved specimens between that
was termed ``bona fide'' research institutions. One comment requested
that ``bona fide'' non-profit research institutions that maintain
voucher specimens for research on biological diversity and ecology be
provided an exemption from the requirement of completing an import/
export declaration under Sec. 14.62 for specimens on loan between
scientific institutions. One commenter from the scientific community
noted that there should be no need to inform the Service of the
contents of loan packages prior to sending or receiving and opening
loaned specimen shipments. In the opinion of the commenter, the
importation and exportation of specimens for scientific research should
be among the very least of the Service's concerns for wildlife. The
concerns expressed by the commenters have been duly noted. The Service
is concerned about any delays encountered during permit functions. The
Service, however, must process the requests of all members of the
public fairly and equitably without regard to status. The Service does
not believe that the issuance of what was described as ``blanket
permit'' would serve any useful regulatory purpose. The Service would
have difficulty in implementing this proposal. For example, how would
the terms ``bona fide research institution'' and ``scientist'' be
realistically defined? This would require a subjective determination
that the Service is not prepared to make.
In regards to the required submission of the Fish or Wildlife
Declaration Form 3-177, current regulations at Sec. 14.62(c) allow 180
days for the submission of this form. The Service believes this
provision provides adequate time for compliance.
Comments Pertaining to Section 14.51: Inspection of Wildlife
Other recommendations concerned the provisions governing Subpart E,
the ``Inspection and clearance of wildlife.'' A specific recommendation
was that the regulations state clearly that any shipment must obtain
Service clearance prior to release of that shipment by Customs. One
commenter recommended that Service Policy #16, entitled ``Species
Exempt from Law Enforcement Management Information System'' (LEMIS),
which is found in the Service Import/Export Manual and which relates to
exemption from import/export license requirements, be incorporated into
Part 14. The Service acknowledges these recommendations and has
attempted to clarify its regulations and incorporate policy #16 in this
revision.
Comments Pertaining to 50 CFR 14.61 and 14.62: Import Declaration
Requirements, Exceptions to Import Declaration Requirement
Several commenters recommended that the Service establish in
Sec. 14.61 procedural requirements for the entry of imported
commodities electronically through the Customs Automated Commercial
System (ACS), including discussions on statement processing and
collection of user and license fees, pre-filing, when physical
documentation would be required, and participant cargo clearance
responsibilities. The Service concurs and has included references to
the U.S. Customs electronic entry system in this revision. The Service
is hesitant to codify entry procedures at this point in time because of
the evolving nature of ACS.
Another commenter noted that the port of entry exemption at
Sec. 14.21 for shellfish and fishery products, which allow recreational
catches to enter from Canada, and the exemptions to import declaration
requirements in Sec. 14.62(a) have been beneficial to the sports
fishing community and should be continued. The Service is proposing a
change to Sec. 14.62(a) to include a reference to the permit
requirements of Part 23 within the text of the section. The regulations
in Part 23 essentially implement the Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES). Under CITES,
additional import/export wildlife permit requirements may be imposed.
CITES, therefore, is also a necessary consideration for anyone
importing shellfish and fishery products. The Service hopes in making
this change to re-emphasize the already existing permit requirements of
Part 23 by this reference in Sec. 14.21.
One commenter requested that an amnesty program be set up for
trophy hunters who have inadvertently imported wildlife specimens that,
as the commenter noted, ``these individuals should have not imported.''
The Service does not concur and believes the suggested amnesty would
logically tend to circumvent the deterrent effect of its regulations.
Comments Pertaining to 50 CFR 14.91 Through 14.93 License Requirements,
Exceptions to License Requirement; License Application Procedure,
Conditions, and Duration
Numerous comments were received recommending changes to import/
export license requirements, exceptions to license requirements,
license application procedures, conditions, and duration. Several
comments recommended that the Service eliminate the $25,000 import/
export minimum required in Sec. 14.92(b)(6) because it has required the
maintenance of cumbersome manual files.
One recommendation was to revise the regulations in
Sec. 14.93(f)(2) to provide for the licensing of all commercial
importers or exporters of wildlife, with the additional requirement
that an inspection fee be levied for each shipment inspected. Another
commenter similarly recommended that all commercial importers or
exporters of wildlife be licensed and an inspection fee charged for
each shipment.
One commenter recommended that the Service provide for the charging
of an inspection fee in situations where a license is not required, but
inspection is still necessary. This is particularly true, the commenter
noted, in the case of certain designated captive-bred animals otherwise
exempt under the exception to license requirement in Sec. 14.92(a)(3).
The commenter further noted that ``these animals whether or not they
are born in captivity still require a Service inspection of the
shipment.'' Recommendations were also made to increase license and
inspection fees in Sec. 14.93(f)(1) and Sec. 14.93(f)(2) and to
eliminate license requirements for first-time individual importations.
The Service agrees with many of the comments made and has proposed
several changes in the import and export license requirements, to fee
schedules, and in the exceptions to Service import/export license
requirements. The Service is proposing to require 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. Such a change would
eliminate the yearly value exception in Sec. 14.92(b)(6). This is a
change from the current system, where only commercial importers/
exporters who import or export more than $25,000 in wildlife products
annually were required to obtain a license. The Service believes that
this change is more equitable in the assessment of costs among
importers and exporters and that it will alleviate unnecessary and
burdensome record-keeping.
The Service is also proposing to adjust the cost of a wildlife
import/export license. The Service is proposing to reduce the cost of a
license from $125 per year to $50 per year. The Service believes that
this change, together with the requirement that all commercial
importers and exporters of wildlife and wildlife products obtain an
import/export license, will assist the Service in recovering its actual
costs through the equitable assessment of license fees.
The Service is also proposing to adjust the inspection fee charged
to licensees at designated ports. The Service is proposing an increase
in fees in order to cover the full costs of the inspection services
provided. The present inspection fee is set at the rate of $25 per
shipment. However, the Service's analysis indicates that the average
cost to the Service to process a shipment is $55. The Service is
therefore proposing to increase the cost of this fee to $55 per
shipment in order to more fully recover costs.
The Service is also proposing to adjust the administrative fee
charged for each wildlife shipment cleared at a non-designated port.
This change is consistent with the increase proposed for the designated
port inspection fee and would assist the Service in recouping its
actual costs.
One recommendation was to reduce by one half, the time limit for
submission of the report required by Sec. 14.93(c)(5). The Service
response is that any reduction in the time limit for the submission of
the report required by Sec. 14.93(c)(5) would unfairly increase
existing record reporting requirements set out in Sec. 14.93(c).
Another recommendation was that the Service correct the erroneous
identification of ``(d)(1),'' to correctly read ``(c)(1)'' in
Sec. 14.93(c)(4) and Sec. 14.93(c)(5). The recommendation was made to
include a citation referencing ``Part 23,'' in Sec. 14.16(c),
Sec. 14.21, Sec. 14.55, Sec. 14.62(a), and Sec. 14.64(a) where the
citation is currently omitted from the text of the regulations. The
Service acknowledges the need to make the recommended corrections and
has made efforts in several of the suggested sections to do so in this
revision.
Need for Proposed Rulemaking
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
clarity. 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.
Required Determinations
This rule was not subject to review by the Office of Management and
Budget (OMB) 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 Flexibility 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, which would require approval by the Office
of Management and Budget under the Paperwork Reduction Act, 4 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 Sections 2(a) and 2(b)(2) of Executive
Order 12778.
Authorship
The originator of this proposed rule is Law Enforcement Specialist
Paul McGowan, 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 proposed to be
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.
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 (Sec. 14.93)............................. $50
Marine Mammal (Sec. 18.31)..................................... 100
Migratory Bird-Banding or marking (Sec. 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; 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,
the following terms shall be construed to mean and include:
(a) Commercial means 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 (except for antiques, collectibles or
curios) are for commercial use. This presumption may be rebutted by the
importer/exporter/owner or by the Service based upon the particular
facts and circumstances of each case.
(b) Export means to depart from, to send from, to ship from, or to
carry out of, or attempt to depart from, to send from, the ship from,
or to carry out of any place 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 Customs laws of
the United States.
(c) Accompanying personal baggage includes all hand-carried items
and all checked baggage of a person entering into or departing from 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.
(d) Domesticated animals includes, but is not limited to, the
following domesticated animals which are exempted from the requirements
of this subchapter B (except for species obtained from wild
populations).
Mammals
Aplaca--Lama alpaca; Chamel--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 rat--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 (domestic)--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 Rummer; Campbell; Duclair;
Merchtem; Termonde; Magpie, Chinese, Khaki Campbell.
Insects
Crickets, mealworms, and similar insects that are routinely farm
raised.
Invertebrates
Earthworms and similar invertebrates that are routinely farm
raised.
3. Section 14.15 is amended by revising paragraph (a) to read as
follows:
Sec. 14.15 Personal baggage and household effects.
(a) Wildlife products or manufactured articles which are not
intended for sale or exhibit for sale and are used as clothing or
contained in accompanying personal baggage may be imported into or
exported from the United States at any Customs port. 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 and/or 23 of this subchapter, shellfish and fishery products
thereof (as defined by Sec. 10.12) 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
be imported or exported at any Customs port.
(2) Except for wildlife requiring a permit pursuant to Part 17 and/
or Part 23 of this subchapter, marine invertebrates of the Class
Pelycopoda: species 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 and/23 of this subchapter, pearls imported for commercial purposes,
may enter the United States at any Customs port of entry and for the
purposes of this Part all references to the term shellfish and fishery
products shall include pearls.
5. Section 14.22 is revised to read as follows:
Sec. 14.22 Certain antique articles.
Any person may import at any U.S. Customs Service port any article
(other than scrimshaw, which is defined in 16 U.S.C. 1539(f)(1)(B) and
50 CFR 217.12, as any art form which involves the etching or 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. Section 14.32 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 14.32 Permits to import or export wildlife at nondesignated port
to minimize deterioration or loss.
* * * * *
(c) * * *
(2) Permittee shall pay fees in accordance with Sec. 14.94.
* * * * *
7. Section 14.33 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 14.33 Permits to import or export wildlife at nondesignated port
to alleviate undue economic hardship.
* * * * *
(c) * * *
(2) Permittee shall pay fees in accordance with Sec. 14.94.
* * * * *
8. 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, all wildlife
imported into the United States must be presented for clearance and
cleared by a Service officer prior to release from detention by Customs
officers. All wildlife to be exported from the United States must be
presented for clearance, in a condition suitable for clearance, and
cleared by a Service officer prior to the physical loading of the
merchandise on a vehicle, aircraft, or the containerization or
pelletizing of such merchandise for export, unless expressly authorized
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) Clearance by a Service officer may be obtained 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. Any
wildlife released without a Service officer's clearance or clearance by
Customs for the Service under authority of Sec. 14.54 must be returned
forthwith 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, shall 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 natal
origin of the wildlife.
9. 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 wildlife. As soon as practicable
following the importation and decision to detain, the Service shall
mail a notice of detention by registered or certified mail, return
receipt requested, to the importer or consignee, if known or easily
ascertainable. Such notice shall 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 wildlife shall be deemed to be seized and
no further notification of seizure will be issued.
(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
reasonable 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 or
has been suspended or notice of revocation made; 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) Any fee or portion of balance due for inspection fees required
by Sec. 14.93 or assessed penalties against the importer or exporter
under Part 11 of this chapter has not been paid.
10. Section 14.54 is amended by revising paragraph (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 live or perishable shipments of wildlife or wildlife
products are expected or when inspection is requested at the time of
arrival, the Service must be notified at least 48 hours prior to the
estimated time of arrival. However, where a Service officer is not
available within a reasonable time, live or perishable wildlife may be
cleared by Customs officers subject to post-clearance inspection and
investigation by the Service.
* * * * *
(f) Exports. The Service shall be notified and the shipment made
available for inspection at least 48 hours prior to the estimated time
of exportation of any wildlife.
11. Section 14.55 is amended by revising the introductory text of
the section to read as follows:
Sec. 14.55 Exceptions to clearance requirements.
Except for wildlife requiring a permit pursuant to Part 17 and/or
23 of this Subchapter B, clearance is not required for the importation
of the following wildlife.
* * * * *
12. 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,
either a completed Declaration for Importation or Exportation of Fish
or Wildlife (Form 3-177) signed by the importer or the importer's
agency 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), shall be
filed with the Service 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, a Form 3-177 shall
be filed with the District Director of Customs at the port of entry
prior to release from Customs custody. All applicable information
requested on the Form 3-177 shall be furnished and the importer, or the
importer's agent, shall certify that the information furnished is true
and complete to the best of his/her knowledge and belief.
13. 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 paragraphs (b)(2) and (b)(3) respectively and revising them
to read as follows:
Sec. 14.62 Exceptions to import declaration requirements.
(a) Except for wildlife requiring a permit pursuant to Part 17 and/
or Part 23 of this Subchapter B, a Declaration for Importation or
Exportation of Fish or Wildlife (Form 3-177) does not have to be filed
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 which are not
intended for sale or exhibit for sale and are used as clothing or
contained in accompanying personal baggage, except that a Form 3-177
must be filed 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 which are not
intended for sale or exhibit for sale and are a part of a shipment of
the household effects or persons moving their residence to the United
States, except that declaration must be filed for raw or dressed furs,
and for raw, salted, or crusted hides or skins.
* * * * *
14. Section 14.64 is amended by revising paragraphs (a), (b)(1),
and (b)(2) to read as follows:
Sec. 14.64 Exeptions to export declaration requirements.
(a) Except for wildlife requiring a permit pursuant to Part 17 and/
or Part 23 of this subchapter B, a Declaration for Importation or
Exportation of Fish or Wildlife (Form 3-177) does not have to be filed
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 be filed for the exportation of marine
invertebrates of the Class Pelycopoda; species 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.
(b) * * *
(1) Wildlife which is not intended for sale or exhibit for sale
where the value of such wildlife is under $250; and
(2) Wildlife products or manufactured articles, including game
trophies, which are not intended for sale or exhibit for sale 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.
15. 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 each container or package is conspicuously marked on
the outside with both the name and address of the shipper and
consignee. The entire shipment shall be accompanied by an accurate and
legible list of its contents by scientific species name and the number
of each species and whether or not the listed species are venomous.
16. Section 14.82 is amended by revising paragraphs (a)(1)(ii)(A),
(a)(2), and (a)(3) to read as follows:
Sec. 14.82 Alternatives and exceptions to the marking requirement.
(a) * * *
(1) * * *
(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 a 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 which
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. Provided, 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 of lading, or other similar document, must reflect that number or
label. However, each subcontainer containing a venomous species must be
clearly marked as venomous.
* * * * *
17. Section 14.91 is amended by revising paragraphs (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, fur dealers, fur brokers, and fur 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 importing and exporting wildlife in connection
with the mounting, processing, or storage of trophies or specimens; and
(6) As freight forwarders.
(7) In the form of food products taken from populations of non-
domesticated animals.
18. Section 14.92 is amended by revising paragraphs (a)(1), (a)(2),
(a)(3), (a)(4) and by 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 requirement.
(a) * * *
(1) Shellfish and fishery products which do not require a permit
under Part 17 and/or Part 23 of this Subchapter B and which are
imported or exported for purposes of human or animal consumption;
(2) Shellfish and fishery products which do not require a permit
under Part 17 and/or Part 23 of this Subchapter B and which 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 or 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 Parts 17 or 23 of this subchapter B which are
being exported;
(5) Marine invertebrates of the Class Pelycopoda; species 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 for commercial purposes.
(b) * * *
(1) Common carriers when engaged as a transporter and not as the
importer or exporter of record;
(2) Custom house brokers when engaged as an agent and not as the
importer or exporter of record;
* * * * *
(4) Federal, State, or municipal agencies; or
(5) Circuses importing or exporting wildlife for exhibition
purposes only and not for purchase, sale, barter, or transfer of such
wildlife.
19. 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, duly authorized
Service officers at all reasonable times shall, upon notice, be
afforded access to the licensee's places of business, be afforded 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 an opportunity to copy such records;
(5) Licensees shall, 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, and
* * * * *
20. Section 14.94 is added to subpart I to read as follows:
Sec. 14.94 Fees.
(a) Overtime Fees. Importers or exporters of wildlife may be
charged a fee for overtime in addition to the inspection fee for
inspections which begin before normal working hours, which extend
beyond normal working hours, or are on a holiday, Saturday, or Sunday
if the following conditions are met:
(1) The wildlife being imported or exported is part of a commercial
shipment; and
(2) The importer/exporter requested that the inspection be
performed outside normal work hours. If a live or perishable shipment
is presented for inspection during normal work hours but the inspection
cannot be performed during normal work hours on that day, the importer/
exporter will be given the option of selecting to have the inspection
performed later during normal work hours or being charged for overtime.
The Service's ability to perform inspections during overtime hours for
non-perishable shipments will depend on the availability of Service
personnel.
(b) Overtime Fee Parameters. The following parameters shall be
followed when calculating fees to be collected for overtime:
(1) Inspection time commences when a Service officer departs their
residence or official duty station en route to the inspection site and
terminates when they return to the point of departure or official duty
station.
(2) For an inspection beginning less than 1 hour before normal work
hours, 1 hour of time will be charged, at an hourly rate of 1\1/2\
times the average hourly rate of a journeyman level Wildlife Inspector.
For all other inspections performed outside of normal work hours or on
a Saturday, a minimum of 2 hours of time will be charged, at an hourly
rate of 1\1/2\ times the average hourly rate of a journeyman level
Wildlife Inspector.
(3) Any inspection which continues in excess of the 2-hour minimum
will be charged in quarter hour increments. Inspection time of 10
minutes or more will be rounded up to the next quarter hour and any
time less than 10 minutes will be disregarded.
(4) Inspections performed on a holiday or a Sunday will be charged
a minimum of 2 hours at twice the average hourly rate of a journeyman
level Wildlife Inspector.
(c) Nondesignated Port Fees. Fees for inspections performed at non-
designated ports shall be a minimum of 2 hours at 1\1/2\ times the
average hourly rate of a journeyman level Wildlife Inspector plus the
administrative fee in accordance with 50 CFR 14.32(c)(2) and
14.33(c)(2).
(d)(1) Schedule.
General Fees
License fee........................ $50 per year.
Inspection fee..................... Each licensee shall pay an
inspection fee of $55 per shipment
for each wildlife shipment
imported into or exported from the
United States.
(2) General Calculation of Inspection Fees.
Inspection Fee Schedule
Inspections at Designated port
beginning before normal work
hours:
Administrative fee............. $55.
Up to 1 hour before normal work 30.00
hours.
More than 1 hour before normal 2 hour minimum at $30.00 an hour.
work hours.
Inspections at Designated port
Outside normal work hours
(including Saturdays):
Administrative fee............. 55.
Less than 2 hours.............. 2 hour minimum at $30.00 an hour.
Exceeds 2 hours................ Quarter hour multiples ($7.50 per
quarter hour).
Service time. 10 minutes or more
rounded to the next quarter hour,
less than 10 minutes is
disregarded. Plus 2 hour minimum.
Inspections at all ports during 2 hour minimum, at the rate of
Sundays and Holidays. $40.00 per hour.
Administrative fee................. 55.
Inspections at Non-Designated 2 hour minimum at the rate of
ports, border and special ports. $30.00 per hour.
Administrative fee................. 55.
(3) No fee or any portion of any license or inspection fee shall be
refundable or payment of fee excused because importation or clearance
of wildlife shipment is refused for any reason.
Dated: August 19, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-22542 Filed 9-13-94; 8:45 am]
BILLING CODE 4310-55-M
