Comment on FR Doc # E8-03330

Document ID: FWS-R9-LE-2008-0024-0008
Document Type: Public Submission
Agency: Fish And Wildlife Service
Received Date: February 29 2008, at 01:49 AM Eastern Standard Time
Date Posted: February 29 2008, at 12:00 AM Eastern Standard Time
Comment Start Date: February 25 2008, at 12:00 AM Eastern Standard Time
Comment Due Date: April 25 2008, at 11:59 PM Eastern Standard Time
Tracking Number: 803d3647
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USFW, ( Federal eRulemaking portal ) Please reconsider. What you are doing is punishing the legal importers. 1. Two years ago, you increased the License FEE by 100%. Such an increase has not even resulted in-so-much-as any emails or letters to us regarding changes, laws, FEE increases, or answers to questions put forth. What did that FEE increase result in? Can I call for assistance (several Inspectors) and get the same legal/enforcement answers to my questions? No. But I MUST somehow correctly abide by and follow such wishy-washy laws/rules. 2. Now you intend to increase the Inspection FEEs by 60% this year. I have been given fewer options for legal inspection, yet I am going to pay more if you implement the $30 increase to $85 per package--going to $93 per package in 2012. If a package I have sent to me even marked "Attention USFW" somehow gets to my door, I can't even call my old Port to get it cleared--they told me 'no more'. What I am supposed to do next depends on the particular inspector I speak with and legal inspection is next-to-impossible as I was told by several USFW people, including one Regional Inspector Supvsr. 3. Don't force us collectors who collect and do not sell to be Commercial. Have a dealer FEE and a Collector FEE or charge by the number of specimens. If $ is needed, fine violators more heavily. Your Yoshi case, as I read about it, didn't even recover the costs (via your fines) of arresting him in the multi-year sting operation. Nail the violators and let us legal collectors go about importing without so many obstacles and additional FEEs. 4. Your recent Port issues are still another obstacle and high-cost item for us. While I understand your wish to get the packages stopped before they get to us, having us hire brokers to handle the packages (via the Memphis HUB for Fed Ex for example) for still another FEE is getting a bit much. One can, as I was informed, more easily and cheaply deal with firearms while dead insects is treated as though it is some sort of drug trade-like thing. I still believe that addressing our packges to some particular USFW Port for inspection would solve the problems. All the legal packages would be inspected uniformly and inconsistency would be lessened. The legal importer of record would be the one paying for the service and after the package was stopped and inspected, it would be sent along to the particular importer of record. I also offered a ways back to assist in making a spot for your website to spell out the laws and rules that currently 'drown' a person in all the pages of legal-eagle material that now exists. 5. What is this Premium FEE all about? If I import legal specimens that happen to be CITES II, why should I have to pay another $93 per package by 2012? I'm not talking about live stuff here, just dead papered butterflies. If I import a package containing just one common CITES II specimen of say a $10 value, I'll have to pay another $93 by 2012!!! Raising the Inspection FEE ...and... creating a new additional Premium FEE is likely to be the 'straw' that 'breaks the back/bank', and in so doing, will likely push legal importers into cessation while encouraging or widening the illegal importations that happen all over the place. Your Inspectors have the papers from the CITES country doing the exporting to go by. Put effort into policing/enforcing illegal importations and skip the new Arlington facility type of endeavors and FEE inceases which FAR exceed the rate of inflation. 6. When you buy specimens in a sting operation (like Yoshi's), fine the perpetrator, sell off the material and generate revenue. Make the fines for illegal importations so high that it deters many and generates much $ from those who elect to sneak stuff in. You should have no trouble finding 'sneakers'. 7. Your mission statement: "The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals and commitment to public service." is nicely written, but where does "scientific excellence" stand when a legitimate hobby/science of insect studies is detered in so many ways? How does "commitment to public service" fit into the new rules/FEEs that punish the legal importers? My public service is reduced, my costs to import dead insects is increased greatly again and this is called "commitment to public service"? With a few exceptions like Barry Davis of TN and few others, how is 'trusted' factored into your mission statement? Take a question like what I've repeatly submitted to the USFW---what countries are off limits for importations? I received conflicting answers and even was treated as though I was some sort of thug at one point. Like an illegal importer is going to call you people for assitance. Is 'trusted' a correct word for when inquires to the USFW leave one wondering ----what's up or what trouble am I in now? 8. Your intention to enforce the rules/laws is important and a good thing. Please just don't kill the legal insect collectors in the process. It is not my/our fault that importation problems exist. Try making the USFW a user-friendly operation and not intimidating or cost-killing to do it right. I read that several requests from InsectNet.com have asked for Forum assiatance from the USFW---none done. Search the site and you'll see that I have posted many times trying to help others import legally. I have documentation for every insect I've imported or even bought here in the USA and I would please ask you to allow people like me to continue to persue this hobby without stifling obstacles and costs. Would having my Congressman/Senator speak on my behalf be more likely to generate reasonable results? If so, then that should not be too daunting a task. I realize I am a mere one citizen, but I'm led to believe that our public officials can/and do serve in this capacity. Lastly, some of my friends think I'm crazy for contacting you as they feel as though trouble will result. I did elect to contact you and basically be honest and speak out with the rights to speak freely that this country so deeply cherishes. I did so as to hopefully get you to reconsider. I proposed solutions to the problems and if I can help you further in any way from a collector's (legal importer's) viewpoint, please let me know. Thank you for your time. Respectfully, Bill Garthe p.s. I'm officially requesting that my entire mesage be read out loud to the members of this meeting coming up when public input is considered.

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