[Federal Register: February 25, 2008 (Volume 73, Number 37)]
[Proposed Rules]
[Page 9972-9983]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe08-18]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 14
[FWS-R9-LE-2008-0024; 99011-1224-0000-9B]
RIN 1018-AV31
Importation, Exportation, and Transportation of Wildlife;
Inspection Fees, Import/Export Licenses, and Import/Export License
Exemptions
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of meeting.
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SUMMARY: We propose to revise subpart I--Import/Export Licenses, of
title 50 of the Code of Federal Regulations, part 14, (50 CFR 14) to
clarify the import/export license and fee requirements, adjust the user
fee schedule and update license and user fee exemptions. We propose to
clarify when an import/export license is required by persons who engage
in the business of importing and exporting wildlife as well as change
the license requirement exemptions. Revised regulations will help those
importing and exporting wildlife better understand when an import/
export license is required and will allow us to consistently apply
these requirements. We also propose to change our user fee structure
for the importation and exportation of wildlife and the fee exemptions.
We propose to generally increase these fees and publish the changes for
2008 through 2012. We determined that these fees must be adjusted every
year to cover the increased cost of providing these services. By
publishing these user fee changes in advance, importers and exporters
can accurately predict the costs of importing and exporting wildlife
several years in advance.
DATES: We will accept comments received or postmarked on or before
April 25, 2008. See the SUPPLEMENTARY INFORMATION section for
information on the date of the public meeting.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking portal at: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: [RIN 1018-AV31]; Division of Policy and Directives Management;
U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222;
Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all comments on
http://
[[Page 9973]]
www.regulations.gov. This generally means that we will post any
personal information that you provide to us (see the Public Comments
section below for more information).
Public Meeting: A public meeting will be held on April 3, 2008,
from 1 to 4 p.m. in Room 200, U.S. Fish and Wildlife Service; 4401 N.
Fairfax Drive, Arlington, Virginia, during which we will accept written
comments.
FOR FURTHER INFORMATION CONTACT: Kevin Garlick, Special Agent in
Charge, Branch of Investigations, Office of Law Enforcement, U.S. Fish
and Wildlife Service, telephone (703) 358-1949, fax (703) 358-1947.
SUPPLEMENTARY INFORMATION:
Public Comments Requested
We intend that any final action resulting from this proposed rule
will be as accurate and effective as possible. The Service invites
interested persons to participate in this rulemaking by submitting
written data, views, or arguments on all aspects of this proposed rule.
Comments that will provide the most assistance to us in developing this
rule will reference a specific portion of the proposed rule, explain
the reason for any recommended change, and include data, information,
or authority that support that recommended change. Therefore, we
request comments or suggestions from the public, other concerned
government agencies, the scientific community, industry, or any other
interested party concerning this proposed rule.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments you send by e-mail or fax or to an address not listed
in the ADDRESSES section. We will not accept anonymous comments; your
comment must include your first and last name, city, State, country,
and postal (zip) code. Finally, we will not consider hand-delivered
comments that we do not receive, or mailed comments that are not
postmarked, by the date specified in the DATES section.
We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. If you provide
personal identifying information in addition to the required items
specified in the previous paragraph, such as your street address,
telephone number, or e-mail address, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov., or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Office of Law Enforcement, 4501 North Fairfax Drive,
Suite 3000, Arlington, VA.
Public Assistance for Import/Export Questions
We highly recommend that you contact our wildlife inspectors about
importing and exporting procedures and requirements before you import
or export your wildlife. We have wildlife inspectors stationed at
numerous ports throughout the country. You can find contact information
for our wildlife inspectors on our Web site at: http://www.fws.gov/le/
ImpExp/inspectors.htm. In addition, the Service has a telephone hotline
that is staffed Monday through Friday, 8 a.m. through 8 p.m. Eastern
time, that can provide assistance for any questions you may have
regarding importing and exporting wildlife, at 1-800-344-WILD.
Public Meeting
A public meeting will be held on April 3, 2008, from 1 to 4 p.m. in
Room 200, U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Arlington, Virginia. All interested persons wishing to present oral
comments at this meeting must submit a written copy of their oral
comments at the meeting. Oral comments may be limited based upon the
number of persons wishing to speak at the meeting. We will accept
written comments at the public meeting.
Background
The regulations contained in 50 CFR part 14 provide individuals and
businesses with guidelines and procedures to follow when importing or
exporting wildlife, including parts and products. These regulations
explain the requirements for individuals or businesses importing or
exporting wildlife for commercial purposes, those moving their
household goods, personal items, or pets, and the exemptions provided
for specific activities or types of wildlife. The regulations at 50 CFR
part 14 provide individuals and businesses with the specific ports and
locations where these activities may be conducted and any fees that may
be charged as a result of these activities.
The following parts of this preamble explain the proposed rule and
present a discussion of the substantive issues of each section that we
propose to change in subpart I of part 14. We retained the current
organizational structure of subpart I but propose changes to the
requirements for an import/export license, how to apply for an import/
export license, what user fees apply to importers and exporters, and
what exemptions we apply to licenses and fees.
Proposed Import/Export License Requirements
We propose to remove the definition of ``engage in business as an
importer or exporter of wildlife'' because the elements of the
definition are already expressed in the current definition of
``commercial,'' and the broader definition of commercial more
accurately reflects what we consider as ``engaging in business.''
We propose to remove the section on certain persons required to be
licensed and replace it with a table that provides examples of when we
consider persons to be engaging in business as an importer or exporter
of wildlife. We propose to limit who should be licensed to those
persons directly involved with importing and exporting wildlife.
Therefore, we propose to eliminate requirements for persons who are
indirectly involved with a shipment either before or after our
clearance of the shipment.
Proposed Exemptions To Import/Export License Requirements
We propose to remove two exemptions from our import/export license
requirements for businesses that import or export products from several
mammal species that have been bred and born in captivity and for
circuses that import or export wildlife.
Our current regulations allow businesses that exclusively import or
export chinchilla, fisher, fox, marten, mink, muskrat, and nutria that
have been bred and born in captivity, and products of these animals, to
conduct business without obtaining an import/export license. If a
particular business chooses to import or export wild specimens of these
species or species other than those listed above, they must obtain an
import/export license.
We propose to remove the import/export license exemption in Sec.
14.92 for businesses that exclusively import or export chinchilla,
fisher, fox, marten, mink, muskrat, and nutria that have been bred and
born in captivity or products of these animals. Our current import/
export license regulations also exempt businesses that import or export
products from the rabbit and karakul. The rabbit and karakul, which is
a variety of the domestic sheep, are defined to be domesticated species
and
[[Page 9974]]
are, therefore, already exempted from all Service import or export
requirements.
Our import/export data shows that the majority of businesses that
import or export mammals or products made from mammals do not deal
exclusively in chinchilla, fisher, fox, marten, mink, muskrat, and
nutria that have been bred and born in captivity. Rather, most
businesses deal in a mixture of these species and other species that do
not qualify for the import/export license exemption, or the trade is in
wild-caught specimens. Only approximately 1.5 percent of the shipments
declared to us in fiscal year 2005 consisted exclusively of captive-
bred specimens of the above-listed species. Although many businesses
have not taken advantage of the exemption, any exempted shipments still
require our inspection and clearance.
All other wildlife types that are identified as being exempt from
the import/export license, such as certain shellfish and nonliving fish
products, are also wildlife that the Endangered Species Act (16 U.S.C.
1531 et seq.) or these regulations have exempted from inspection and
clearance. No statutory or regulatory inspection or clearance
exemptions are provided for captive-bred mammals or their products.
This exemption has had the unfortunate consequence of creating a
monetary incentive for the global trade community to falsely declare
wild mammal specimens as captive-bred upon import into the United
States. In addition, due to shipping and other business practices,
importers of foreign-sourced mammal products imported into the United
States are more likely to declare the products as captive-bred for
purposes of claiming the exemption than exporters of U.S.-sourced
mammal products.
Because these specific captive-bred mammal shipments are exempt
from the import/export license, the corresponding importers or
exporters are not required to maintain records of their imports or
exports or any subsequent dispositions and do not have to provide the
Service with access to these records or inventories of wildlife upon
reasonable notice. The lack of recordkeeping requirements and access to
these records hinders our ability to investigate instances of false
declarations. These corresponding importers and exporters are also
exempt from paying user fees and filing reports with the Service upon
request. Based upon all the problems that have resulted with this
exemption, we propose to remove the exemption to the import/export
license for persons engaging in the business of importing or exporting
shipments containing only chinchilla, fisher, fox, marten, mink,
muskrat, and nutria that have been bred and born in captivity or their
products.
We also propose that circuses no longer qualify for the exemption
from our import/export license requirements. Our current import/export
regulations allow certain persons and businesses, including circuses,
to import or export wildlife without obtaining an import/export
license. However, with the exception of circuses, it is apparent that
these exempt businesses or organizations, which include common
carriers, custom house brokers, public museums, scientific or
educational institutions, and government agencies, are not engaging in
business as importers or exporters of wildlife. While circuses
typically do not import or export wildlife for resale, they do import
or export wildlife to stimulate additional business, through ticket
sales or other promotions. We, therefore, consider circuses to be
importing or exporting wildlife for commercial purposes and believe
they should not be exempted from our import/export license
requirements. Other shipments of wildlife imported or exported as part
of commercial entertainment, such as magic acts or animal shows, are
considered commercial as well and are not exempt from import/export
license requirements.
Proposed Import/Export License Application Requirements
We propose to remove the specific additional information language
from the current Sec. 14.93(b) because the import/export license
application form, FWS Form 3-200-3, is updated and contains this
additional specific information. We also propose to reorganize the
license conditions section for clarity and to add the requirement that
importers and exporters are responsible for providing current contact
information, including a mailing address, to be used for official
notifications from the Service.
We propose to reorganize the section that outlines issuance,
denial, suspension, revocation, or renewal of an import/export license
for clarity. We also propose to add two new factors that are grounds
for suspension, revocation, denial, or renewal of an import/export
license. Although these factors are already generally covered by the
regulations in part 13 of subchapter B of chapter I of title 50, we
wish to bring these two factors to the attention of wildlife importers
and exporters. We propose to consider repeated failure to provide the
required prior notification for certain shipments as possible grounds
for action against an existing import/export license holder or during
consideration of a new or renewal import/export license application.
Failure by importers or exporters to provide this required notification
risks the health or condition of live and perishable shipments because
of clearance delays and requires us to accommodate last-minute
inspection schedule changes that directly impact the schedules of other
importers or exporters.
We also propose to add the repeated import or export of certain
types of wildlife without following the requirements in this subpart as
grounds for action against an existing import/export license holder or
during consideration of a new or renewal import/export license
application. This repeated failure to follow requirements for certain
wildlife imports or exports may result in a restriction of the license
to disallow engaging in business with those particular types of
wildlife while still allowing the importer or exporter to continue to
engage in business with other wildlife.
Proposed Inspection Fees
The regulations in 50 CFR part 14 contain a user fee schedule for
inspections of wildlife shipments. We propose to change the user fee
structure and generally increase fees to cover the increased cost of
providing these services and the required support. The user fees
currently apply primarily to commercial importers and exporters whose
shipments of wildlife are declared to, and inspected and cleared by,
Service wildlife inspectors, to ensure compliance with wildlife
protection laws. These fees are not intended to fully fund the wildlife
inspection program, which includes both a compliance monitoring
function, involving services to the trade community, and a vital
smuggling interdiction mission focused on detecting and disrupting
illegal wildlife trade. The proposed fee increase will appropriately
focus only on recovering costs associated with services provided to
importers and exporters engaged in legal wildlife trade.
In developing this proposed rule, the Service is guided by the
Independent Offices Appropriations Act of 1952, codified at 31 U.S.C.
9701 (``the User Fee Statute''), which mandates that services provided
by Federal agencies are to be ``self-sustaining to the extent
possible.'' We are also guided by the Office of Management and Budget
(OMB) Circular No. A-25, Federal user fee policy, which establishes
Federal policy regarding fees assessed for
[[Page 9975]]
government services. It provides that user fees will be sufficient to
recover the full cost to the Federal Government of providing the
service, will be based on market prices, and will be collected in
advance of, or simultaneously with, the rendering of services. The
policy requires Federal agencies to recoup the costs of ``special
services'' that provide benefits to identifiable recipients. The
Endangered Species Act (16 U.S.C. 1540(f)) also authorizes the Service
to charge and retain reasonable fees for processing applications and
for performing reasonable inspections of importation, exportation, and
transportation of wildlife. The benefit of user fees is the shift in
the payment of services from taxpayers as a whole to those persons who
are receiving the government services. While taxes may not change by
the same amount as the change in user fee collections, there is a
related shift in the appropriations of taxes to government programs,
which allows those tax dollars to be applied to other programs that
benefit the general public. Therefore, there could be a relative
savings to taxpayers as a result of the changes in user fees.
The inspection and clearance of wildlife imports and exports is a
special service, provided to importers and exporters who are authorized
to engage in activities not otherwise authorized for the general
public. Our ability to effectively provide these services and the
necessary support for these services depends on inspection fees.
Although the Service began collecting user fees in February 1986, we
have been unable to achieve full cost recovery as several categories of
importers and exporters have been exempt from paying fees, and fees
were not established at levels that would cover all costs of the
services provided to the trade community. Exempt business have included
most noncommercial importers/exporters; companies dealing in specific
captive-bred or personally trapped furs, meat from bison, ostrich, and
emu, and aquacultured sturgeon food items; and circuses. The current
fee schedule has been in place since 1996. These fees were calculated
based solely upon the salary and benefits of a journeyman-level
wildlife inspector and did not attempt to recover other costs of
conducting compliance inspections and providing clearance services to
the wildlife trade community. Commercial importers or exporters,
entities that hold a Service import/export license, now pay a flat rate
of $55 per shipment for inspections at designated ports during normal
working hours. Additional per-hour charges are applied when inspections
are conducted outside normal working hours; non-licensees receiving
inspections outside normal working hours also pay these hourly charges.
All importers or exporters, whether licensed or not, pay a $55
administrative fee for inspections at a staffed nondesignated port plus
a 2-hour minimum of $20 per hour for inspections during normal working
hours. Higher hourly charges apply for inspections outside normal
working hours. Inspections at nondesignated ports that are not staffed
by Service inspectors are charged all costs associated with providing
the inspection, including salary, travel, transportation, and per diem
costs.
The proposed user fee structure will consist of a flat rate base
inspection fee based upon the type of port: $85.00 for designated ports
or ports acting as designated ports; $133.00 for staffed, nondesignated
ports; and $133.00 for nonstaffed, nondesignated ports, that reflects
the recovery of specific direct and indirect costs; and two premium
inspection fees, each $19.00, reflecting additional labor costs
associated with specific types of commodities. The proposed structure
also provides for overtime fees. The proposed fees reflect the cost of
the services provided for routine shipments, shipments that contain
species that are protected by Federal or international law, and
shipments that contain live specimens. We propose that routine
shipments would be charged a base inspection fee based upon the type of
port. We propose that shipments containing protected species or live
specimens would be charged a premium inspection fee in addition to the
base inspection fee. If a shipment contains both protected species and
live specimens, we propose to charge two premium inspection fees in
addition to the base inspection fee.
For commercial shipments at designated ports, our current
regulations require an inspection fee of $55. The proposed fee
structure requires an $85 base inspection fee for inspections at these
ports. These shipments would result in an additional $30 in inspection
fees per shipment ($85-$55) under the new fee structure. For fiscal
year 2005, we inspected 83,203 shipments at designated ports that did
not contain species that are protected by Federal or international law
or live specimens.
In addition to the nonstaffed, nondesignated port base inspection
fee, we propose that all importers or exporters who use these types of
ports will be required to pay any associated travel and per diem
expenses needed for our wildlife inspector to conduct an inspection at
these ports. Our current regulations require importers or exporters who
use these types of ports to pay these travel and per diem expenses plus
the salary of the wildlife inspector conducting the inspection in
addition to a base hourly administrative fee. The proposed fee
structure simplifies the fees for a nonstaffed, nondesignated port to
include a flat rate base fee of $133 to use these ports, which
incorporates the salary of the wildlife inspector conducting the
inspection, in addition to any travel and per diem costs. Importers and
exporters using this type of port would also be responsible for payment
of premium fees if their shipment includes live or protected specimens,
as is the case at the other types of ports.
We propose to publish 5 years worth of fees and apply an inflation
factor to the base fees, premium fees, and overtime fees. Throughout
the 5-year period, we propose to increase the base inspection fees
annually based upon inflation using the Gross Domestic Product (GDP)
indices. We propose to increase the premium inspection fees gradually
over the 5-year period, reflecting both inflation and a gradual move to
100 percent cost recovery. By publishing these user fee changes for the
5-year period, importers and exporters of wildlife can incorporate
these fee increases into their budget planning.
Calculation of the Proposed Inspection Fees
For these proposed fee increases, we conducted an economic analysis
of the costs associated with the services provided to the legal
wildlife trade community, and we propose to create a user fee template
that will form the basis for the determination of user fee increases
for a 5-year period. The economic analysis uses data on shipment types
and quantities, inspection times required for different types of
shipments, and direct and indirect costs associated with the services
provided to the legal wildlife trade community.
In order to recalculate these inspection fees, we began by
analyzing the actual total costs of providing services to the legal
wildlife trade community during fiscal year 2005, as compared to the
actual total money that we collected for activities authorized by the
wildlife inspection program during fiscal year 2005.
The total costs include wildlife inspector salaries and benefits,
the appropriate portion of our managers' salaries and benefits, direct
costs such as vehicle operation and maintenance, equipment purchase and
replacement,
[[Page 9976]]
data entry and computer support for the Service's electronic filing
system, communications costs, office supplies, uniforms, and
administrative costs and indirect costs such as office space. We
calculated these costs using a Service-wide standard of 22 percent of
direct costs. The total cost of providing services to the legal
wildlife trade community during fiscal year 2005 was $20,083,627.
The total amount of money that we collected for activities
authorized by the wildlife inspection program during fiscal year 2005
was $8,724,289. It must be noted that this total includes application
fees for import/export licenses, designated port exception permits, and
Convention on International Trade in Endangered Species (CITES) permits
and certificates, as well as inspection and overtime fees. Currently,
our data does not distinguish between license and permit fees and
inspection fees. However, it is readily apparent that whatever portion
of this total is derived from inspection fees, it falls well below the
total costs associated with the wildlife trade compliance program
during fiscal year 2005.
The inspection of shipments that contain species protected by
Federal or international law, or live specimens, requires considerably
more knowledge, time, and equipment than is required for a routine
shipment. In addition to the increased time required for document
inspection and handling of the shipment, the inspection of these
``premium'' shipments requires more thorough knowledge of Federal or
international law or, in the case of shipments containing live
specimens, the use of equipment that provides for the safety of the
wildlife inspector conducting the inspection.
In addition, there are other costs associated with the inspection
of premium shipments. In many instances, foreign documents that are
presented for clearance of shipments containing protected species under
CITES or foreign wildlife laws must be verified with foreign
governments, a process that can be extremely time consuming. These
foreign documents must be stored and recorded in our electronic
database. Data on shipments containing wildlife protected under CITES
must be analyzed for quality and reported internationally on an annual
basis, as one of our obligations as a party nation to this
international treaty.
Since the trade compliance portion of the wildlife inspection
program is to be ``self-sustaining to the extent possible,'' we propose
a user fee structure that will provide 100 percent cost recovery by the
end of the 5-year period. If we had developed a user fee structure to
provide 100 percent cost recovery immediately, the initial premium fees
would have been substantially higher than the proposed premium fees
described in this proposed rule.
During the development of the proposed fee structure, we estimated
the inflation rate based upon the GDP. The GDP indices are obtained
from the Economic Report of the President, which projects the growth of
real GDP. For the 5-year period covered in this proposed rule, the GDP
indices were as follows: 2.1 percent for 2008, 2009, and 2010 and 2.2
percent for 2011 and 2012. We decided to use inflation using the GDP
indices as the only factor contributing to the increased costs by the
end of the 5-year period. This is a conservative approach since
wildlife inspector salaries and benefits could increase at a
substantially greater rate than inflation by the end of the 5-year
period. While salaries may increase consistent with inflation,
promotions would increase salaries considerably more than inflation.
In order to recalculate these inspection fees, we estimated what
the fiscal year 2005 base inspection fees and premium inspection fees
would need to be to provide 100 percent cost recovery by the end of the
5-year period, and inflated those fees to 2008 dollars. We used this
approach because this proposed rulemaking will not be finalized until
2008 and if, at that time, we used 2005 dollars consistent with actual
total costs during fiscal year 2005, 100 percent cost recovery by the
end of the 5-year period would not be possible.
It is extremely difficult to estimate what portion of the total
amount of money that we collected for activities authorized by the
wildlife inspection program was derived from travel and per diem
expenses and overtime fees we received. Currently, our data does not
distinguish between license and permit fees and inspection fees, which
include travel and per diem expenses and overtime fees we received.
However, it is readily apparent that these amounts are a very small
portion of the total amount that is derived from inspection fees, and
will have little impact on the total amount of money that we collect
for activities authorized by the wildlife inspection program.
Therefore, during the development of the proposed fee structure, we
decided not to include overtime fees, or salary, travel, and per diem
expenses collected at a nonstaffed, nondesignated port, which can be
highly variable.
During the development of the user fee template, we considered the
impact that increased user fees would have on small businesses.
Essentially all of the businesses that engage in commerce by importing
or exporting wildlife would be considered small businesses according to
the Small Business Administration (SBA). Examples of some of these
businesses can be placed in the following SBA categories: ``Zoos and
Botanical Gardens,'' with an SBA size standard of $6.0 million in
average annual receipts; ``Merchant wholesalers, nondurable goods,''
with an SBA size standard of 100 employees; ``Leather and allied
product manufacturers,'' with an SBA size standard of 500 employees;
and ``Clothing and Clothing Accessories Stores,'' with an SBA size
standard ranging from $6.0 million to $7.5 million in average annual
receipts.
Since essentially all of these businesses are small, we believe
that those companies who deal with more complex shipments that require
additional services from us, such as those containing species that are
protected by Federal or international law, or live specimens, should
assume a greater share of the costs associated with the additional
services, rather than us spreading these additional costs out among all
importers and exporters.
To help determine how realistic our proposed fee increases were, we
decided to calculate what the user fees in place since 1996 would be
equal to in the beginning of and by the end of the 5-year period, based
only on inflation using the GDP indices. This calculation yielded an
inspection fee of $70 for 2008, and an inspection fee of $76 by the end
of the 5-year period in 2012. Both of these projected fees are quite
close to the proposed base inspection fee of $85.00. Recognizing that
the 1996 user fees were based only on the salary and benefits of a
journeyman-level wildlife inspector and did not take into account all
of the other costs associated with the services provided to the legal
trade community, the proposed $85.00 base inspection fee, which is
based on all of the associated costs of the wildlife inspection
program, is reasonable.
Exemptions to the Proposed Inspection Fees
During the development of the user fee template, we decided that
some individuals, organizations, or certain commodities should be
exempt from the proposed inspection fees. Governments agencies at the
Federal, State, local, or tribal level have been exempt from inspection
fees in the past and will continue to be exempt from the
[[Page 9977]]
proposed inspection fees, including overtime fees.
Individuals who import or export shipments of 100 or fewer raw furs
or, raw, salted, or crusted mammal hides or skins between the United
States, Canada, or Mexico, have been exempt from inspection fees in the
past and will continue to be exempt from the proposed designated port
base inspection fees. However, this exemption applies only to shipments
of mammal furs, hides, or skins lawfully taken from the wild by those
individuals or their family members in the United States, Canada, or
Mexico, from species that are not protected under parts 17, 18, or 23
of title 50. These individuals will still require an import/export
license and be responsible for overtime fees for any shipments
inspected outside normal working hours.
Individuals or organizations who import or export shipments of
wildlife for noncommercial purposes at designated ports that do not
contain species that are protected by Federal or international law, or
live specimens, will continue to be exempt from the proposed designated
port inspection fees. These individuals will still be responsible for
overtime fees for any shipments inspected outside normal working hours
and all fees for import or export through a nondesignated port.
We propose that individuals or organizations who import or export
shipments of wildlife for noncommercial purposes at designated ports,
that do contain species that are protected by Federal or international
law, or live specimens, will pay proposed premium inspection fees when
importing or exporting via air, ocean, rail, or truck cargo. However,
these shipments will continue to be exempt from the proposed base
inspection fees. Examples of these individuals or organizations would
include but not be limited to: individuals importing or exporting
personal pets that may or may not be protected species; hunters
importing or exporting protected game species; and public museums,
zoos, and scientific or educational institutions importing or exporting
protected species or live specimens. These shipments require
considerably more knowledge, time, and equipment than is required for a
routine shipment. It should be noted that the Service does not consider
these individuals or organizations to be exempt from paying for other
services that provide benefits. Our regulations in part 13 already
require these individuals or organizations to pay application fees for
permits that authorize them to engage in activities not otherwise
authorized for the general public. In our review of other agencies'
user fees for import and export, we note that other agencies do not
make a distinction between commercial and noncommercial individuals or
organizations. Based upon these findings, we decided to charge premium
fees but exempt these shipments from base inspection fees as long as
the shipments are imported or exported through a designated port. These
shipments will continue to be subject to overtime fees and all fees for
import or export through a nondesignated port.
Individuals or organizations who import or export shipments of
wildlife for noncommercial purposes at designated ports, using the
mail, as passengers, or by personal vehicle, that contain species that
are protected by Federal or international law, or live specimens, will
be exempt from designated port base inspection fees and premium
inspection fees. However, they will still be responsible for overtime
fees for any inspections that take place outside normal working hours.
We decided to provide this exemption under these circumstances because
we do not consistently provide inspection services at mail facilities,
passenger terminals, or for personal vehicles.
Our current regulations exempt certain captive-bred mammals from
designated port user fees as part of an exemption from the import/
export license requirements. We propose to reinstate the import/export
license requirement for these types of shipments as previously
indicated. Although most businesses have not taken advantage of the
exemption as discussed earlier, any exempted shipments still require
inspection and clearance by us. This exemption has also had the
unintended consequence of creating a monetary incentive to falsely
declare certain mammals and their products as captive-bred.
By policy, we currently exempt the export of sturgeon and
paddlefish that are captive-bred in aquaculture facilities from user
fees, including nondesignated port fees if the shipments are for
immediate human or animal consumption. This exemption applies to
caviar, meat, and other food items, but does not cover live fish. By
policy, we also currently exempt the export of American bison, ostrich,
and emu meat produced in ranching operations in the United States from
user fees if the meat is intended for human consumption. All of these
shipments still require inspection and clearance by us.
Our ability to effectively provide inspection and clearance
services and the necessary support for these services depends on user
fees. By exempting these types of shipments from user fees, the costs
associated with inspection and clearance are borne either by the
taxpayers through appropriated funds or by other importers and
exporters. The services provided to these exempt businesses are
specialized services that do not benefit the public as a whole and, as
such, the costs should not be borne by the taxpayer. As discussed
earlier, the majority of importers and exporters of wildlife are small
businesses. We do not find it equitable that nonexempt businesses must
pay more than their share of the costs in order for us to recover the
costs not paid by exempt businesses. We, therefore, propose to remove
the user fee exemption for businesses that import or export certain
captive-bred mammals or their products and circuses. We also propose to
remove the user fee exemption for businesses that export food items
derived from aquacultured sturgeon and paddlefish, American bison meat,
and ostrich and emu meat.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this proposed rule easier to understand, including answers to questions
such as the following: (1) Are the requirements in the proposed rule
clearly stated? (2) Does the proposed rule contain technical language
or jargon that interferes with the clarity? (3) Does the format of the
proposed rule (grouping and order of sections, use of headings,
paragraphing, etc.) aid or reduce its clarity? (4) Is the description
of the proposed rule in the Supplementary Information section of the
preamble helpful in understanding the proposed rule? (5) What else
could we do to make the proposed rule easier to understand? Send a copy
of any comments that concern how we could make this proposed rule
easier to understand to: Office of Regulatory Affairs, Department of
the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You
may e-mail your comments to this address: Execsec@ios.doi.gov.
Required Determinations
Executive Order 12866 (Regulatory Planning and Review)
Under the criteria in Executive Order 12866, OMB has determined
that this proposed rule is not a significant regulatory action.
a. This proposed rule will not have an annual economic effect of
$100 million
[[Page 9978]]
or negatively affect a part of the economy, productivity, jobs, the
environment, or other units of the government. A cost benefit and
economic analysis is not required.
This proposed rule will not have an annual economic effect of $100
million.
The proposed removal of two exemptions from our import/export
license requirements for businesses that import or export certain
captive-bred mammals or their products and circuses that import or
export wildlife will not adversely affect those businesses.
For fiscal year 2005, our records indicate that 2,628 shipments of
captive-bred chinchilla, fisher, fox, marten, mink, muskrat, and nutria
were imported or exported by 351 businesses. However, 296 of these
businesses already have import/export licenses because they also trade
in species other than these captive-bred mammals. We are proposing that
the remainder of these businesses must obtain an import/export license,
at a cost of $100.00 per year. These proposed changes will result in an
additional cost to these businesses of $5,500.00 as importers or
exporters of these captive-bred mammals or their products (351-296 = 55
businesses x $100.00 = $5,500.00). We estimate that approximately 30
circuses will import or export animals during a given year. We are
proposing that these circuses must obtain an import/export license.
These proposed changes will result in an additional cost to these
circuses of $3,000.00 as importers or exporters of circus animals.
The total cost to businesses and circuses based upon the proposed
removal of two exemptions from our import/export license requirements
will be approximately $8,500.00.
We propose that routine shipments be charged a base inspection fee
based upon the type of port. Shipments containing protected species or
live specimens would be charged a premium inspection fee in addition to
the base inspection fee. If a shipment contains both protected species
and live specimens, we propose to charge two premium inspection fees in
addition to the base inspection fee. The proposed fee structure
requires an $85 base inspection fee for inspections at designated ports
and a $19 premium inspection fee.
The greatest increased costs contained in the proposed fee
structure would apply to wildlife shipments imported or exported at
nonstaffed, nondesignated ports. Assuming that every shipment we
inspect occurs at one of these ports, the total net annual economic
effect in the worst-case scenario would be approximately $20 million.
For inspections at these ports, our current regulations require an
administrative fee of $55 plus all costs associated with the inspection
and clearance including salary, travel, and per diem for the wildlife
inspector conducting the inspection. The proposed fee structure
requires a $133 base inspection fee for inspections at these ports.
Assuming that every shipment at these ports contained species that are
protected by Federal or international law and live specimens, these
shipments would require an additional $38 in premium inspection fees,
for a total of $171 per shipment.
The worst-case scenario for inspections at nonstaffed,
nondesignated ports, as described above, and not including travel and
per diem, would result in an additional $116 in inspection fees per
shipment ($171-$55) under the new fee structure. We estimate that we
inspect approximately 170,000 shipments per year nation-wide. Assuming
that all of these shipments were inspected at nonstaffed, nondesignated
ports, the net annual economic effect would equal $19,720,000 under the
new fee structure. While the proposed fee structure of $133 to use
these ports does require the additional payment of travel and per diem
expenses, it does not require the additional payment of the salary of
the wildlife inspector conducting the inspection. In many cases, the
base fee of $133 will be considerably less than the salary of the
wildlife inspector conducting the inspection.
In reality, nearly one-half of our inspections are conducted at
designated ports for shipments that do not contain species that are
protected by Federal or international law or live specimens, so the net
annual economic effect of the proposed fee structure is considerably
less than $19,720,000. For commercial shipments at designated ports,
our current regulations require an inspection fee of $55. The proposed
fee structure requires an $85 base inspection fee for inspections at
designated ports. These shipments would result in an additional $30 in
inspection fees per shipment ($85-$55) under the new fee structure. For
fiscal year 2005, we inspected 83,203 shipments at designated ports
that did not contain species that are protected by Federal or
international law or live specimens. The net annual economic effect for
inspections of these shipments would equal $2,496,090 under the new fee
structure.
As described above, the proposed removal of two exemptions from our
import/export license requirements for businesses that import or export
certain captive-bred mammals or their products and circuses means that
these entities must pay inspection fees authorized under their import/
export license.
For fiscal year 2005, our records indicate that 2,628 shipments of
certain captive-bred mammals or their products were imported or
exported by 351 businesses. These proposed changes will result in an
additional cost to these businesses of $223,380.00 when they import or
export shipments of certain captive bred mammals or their products at
designated ports (2,628 shipments x $85 base inspection fee at
designated ports).
Our records indicate that, at most, there would be 75 shipments of
circus animals imported or exported during a given year by
approximately 30 circuses. Circuses will likely be assessed two premium
inspection fees per shipment since most of their shipments will contain
live specimens that are protected by Federal or international law.
Under the worst-case scenario, these proposed changes will result in an
additional cost to these circuses of $9,225.00, when they import or
export circus animals at designated ports (75 shipments x $85 base
inspection fee at designated ports + 75 shipments x $38 premium
inspection fee).
For fiscal year 2005, our records indicate that 7,800 shipments
that contained species that are protected by Federal or international
law or live specimens were imported or exported for noncommercial
purposes at designated ports via air, ocean, rail, or truck cargo. We
are proposing that these persons must pay premium inspection fees for
these shipments. In many cases these shipments will contain species
that are protected by Federal or international law and live specimens.
Under the worst-case scenario, these proposed changes will result in an
additional cost to these persons of $296,400.00, when they import or
export these shipments at designated ports (7,800 shipments x $38
premium inspection fee).
For fiscal year 2005, our records indicate that 145 shipments of
American bison, ostrich, emu, or sturgeon and paddlefish products were
exported. These proposed changes will result in an additional cost to
these businesses of $12,325.00 when they export shipments of American
bison, ostrich, or emu meat at designated ports (145 shipments x $85
base inspection fee at designated ports).
The total cost to businesses, circuses, and persons importing or
exporting species that are protected by Federal or international law or
live specimens for
[[Page 9979]]
noncommercial purposes, based upon the proposed removal of license fee
exemptions will be approximately $541,330.00.
Considering that nearly one-half of the shipments that we inspect
account for an annual economic effect of just under $2.5 million, it is
safe to assume that all of the other types of shipments that we inspect
at all of our other ports, when combined with this amount, will total
far less than $100 million. The proposed removal of import/export
license exemptions and inspection fee exemptions accounts for an
additional $549,830.00. To summarize, this proposed rule will have an
annual economic effect of far less than $100 million.
Though it is apparent that this proposed rule will not have an
annual economic effect of $100 million, we recognize that these fee
increases will have a negative effect on small entities. Since
essentially all of the businesses that engage in commerce by importing
or exporting wildlife would be considered small businesses, and
considering that the wildlife trade compliance program is to be ``self-
sustaining to the extent possible,'' we have no option but to raise
inspection fees to cover the increasing costs associated with the
wildlife trade compliance program. It would not be appropriate to pass
these increased costs on to the general public, who are not the primary
beneficiaries of these services.
b. This proposed rule will not create inconsistencies with other
agencies' actions.
We are the lead Federal agency for implementing regulations that
govern and monitor the importation and exportation of wildlife and
carrying out the United States' obligations under CITES. Therefore,
this proposed rule has no effect on other agencies' responsibilities
and will not create inconsistencies with other agencies' actions.
c. This proposed rule will not materially affect entitlements,
grants, user fees, loan programs, or the rights and obligations of
their recipients.
This proposed rule will materially affect user fees, however,
because the wildlife trade compliance program is to be ``self-
sustaining to the extent possible,'' we have no option but to raise
inspection fees to cover the increasing costs associated with the
wildlife trade compliance program. If we do not increase user fees,
funds will not be available to continue to provide these services at a
level sufficient to meet customer demand.
d. This proposed rule will not raise novel legal or policy issues.
This proposed rule will not raise novel legal or policy issues
because we are required to charge fees for inspections to meet the
mandate in 31 U.S.C. 9701, which states that services provided by
Federal agencies are to be ``self-sustaining to the extent possible,''
and to comply with OMB Circular No. A-25, Federal user fee policy,
which requires Federal agencies to recoup the costs of ``special
services'' that provide benefits to identifiable recipients. The
inspection and clearance of wildlife imports and exports are special
services provided to importers and exporters who are authorized to
engage in activities not otherwise authorized for the general public.
Our ability to effectively provide these services depends on inspection
fees. Since the wildlife trade compliance program is to be ``self-
sustaining to the extent possible,'' we propose a user fee structure
that will provide 100 percent cost recovery of the wildlife trade
compliance program by the end of the 5-year period.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
This proposed rule will not have a significant economic effect on a
substantial number of small businesses as defined under the Regulatory
Flexibility Act. An initial Regulatory Flexibility Analysis is not
required. Accordingly, a Small Entity Compliance Guide is not required.
During the development of the user fee template, we considered the
impact that increased user fees would have on small businesses.
Essentially all of the businesses that engage in commerce by importing
or exporting wildlife or wildlife products would be considered small
businesses according to the Small Business Administration (SBA).
Examples of some of these businesses can be placed in the following SBA
categories: ``Zoos and Botanical Gardens,'' with an SBA size standard
of $6.0 million in average annual receipts; ``Merchant wholesalers,
nondurable goods,'' with an SBA size standard of 100 employees;
``Leather and allied product manufacturers,'' with an SBA size standard
of 500 employees and; ``Clothing and Clothing Accessories Stores,''
with an SBA size standard ranging from $6.0 million to $7.5 million in
average annual receipts.
This proposed rule will not have a significant economic effect on
these businesses. In most cases, the increased user fees will represent
a small fraction of the value of the affected wildlife shipment. In
addition, the small entities directly affected by this proposed rule
are not likely to bear the full burden of the proposed user fee
increases because some or most of the proposed cost increases will be
passed on to the purchasers of the wildlife.
Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))
This proposed rule is not a major rule under the Small Business
Regulatory Enforcement Fairness Act. This proposed rule:
a. Does not have an annual effect on the economy of $100 million of
more.
As described above, nearly one-half of the shipments that we
inspect account for an annual economic effect of just under $2.5
million, and it is safe to assume that all of the other types of
shipments that we inspect at all of our other ports, when combined with
this amount, will total far less than $100 million. The proposed
removal of import/export license exemptions and inspection fee
exemptions accounts for an additional $549,915.00. To summarize, this
proposed rule will have an annual economic effect of far less than $100
million.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
This proposed rule will increase costs for individual industries
and potentially consumers, however, because the wildlife trade
compliance program is to be ``self-sustaining to the extent possible,''
we have no option but to raise inspection fees to cover the increasing
costs associated with the wildlife trade compliance program. If we do
not increase user fees, funds will not be available to continue to
provide these services at a level sufficient to meet customer demand.
c. Does not have significant negative effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based companies to compete with foreign-based companies.
This proposed rule will not have significant adverse effects on the
ability of U.S.-based enterprises to compete with foreign-based
enterprises because foreign-based enterprises that are subject to U.S.
jurisdiction must comply with the same regulatory requirements as U.S.-
based enterprises who import or export wildlife. In addition, this rule
proposes to remove the exemption from an import/export license
requirements and payment of user fees for shipments of certain captive-
bred mammals or their products. Due to shipping and other business
practices, foreign-sourced mammals or their products imported into the
United States are more likely to be declared as captive-
[[Page 9980]]
bred and appropriate for the current exemption than exports of U.S.-
sourced mammals or their products. The removal of the exemption will
result in equal treatment of foreign-sourced and U.S.-sourced mammals
or their products.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
Under the Unfunded Mandates Reform Act:
a. This proposed rule will not significantly or uniquely affect
small governments. A Small Government Agency Plan is not required.
We are the lead Federal agency for implementing regulations that
govern and monitor the importation and exportation of wildlife and
carrying out the United States' obligations under CITES. Therefore,
this proposed rule has no effect on small government's
responsibilities.
b. This proposed rule will not produce a Federal requirement that
may result in the combined expenditure by State, local, or tribal
governments of $100 million or greater in any year, so it is not a
``significant regulatory action'' under the Unfunded Mandates Reform
Act.
This rule will not result in any combined expenditure by State,
local, or tribal governments.
Executive Order 12630 (Takings)
Under Executive Order 12630, this proposed rule does not have
significant takings implications. A takings implication evaluation is
not required. Under Executive Order 12630, this proposed rule does not
affect any constitutionally protected property rights. This proposed
rule will not result in the physical occupancy of property, the
physical invasion of property, or the regulatory taking of any
property.
Executive Order 13132 (Federalism)
Under Executive Order 13132, this proposed rule does not have
significant Federalism effects. A Federalism evaluation is not
required. This proposed rule will not have a substantial direct effect
on the States, on the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government.
Executive Order 12988 (Civil Justice Reform)
Under Executive Order 12988, the Office of the Solicitor has
determined that this proposed rule does not overly burden the judicial
system and meets the requirements of sections 3(a) and 3(b)(2) of the
Order. Specifically, this proposed rule has been reviewed to eliminate
errors and ensure clarity, has been written to minimize disagreements,
provides a clear legal standard for affected actions, and specifies in
clear language the effect on existing Federal law or regulation.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This proposed rule does not contain any new information collection
requirements that require approval by the Office of Management and
Budget under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. OMB
has approved the information collection requirements contained in this
subpart I and assigned OMB Control Number 1018-0092, which expires on
September 30, 2007. The Service may not conduct or sponsor and you are
not required to respond to a collection of information unless it
displays a currently valid OMB control number.
National Environmental Policy Act
This proposed rule has been analyzed under the criteria of the
National Environmental Policy Act and 318 DM 2.2 (g) and 6.3 (D). This
proposed rule does not amount to a major Federal action significantly
affecting the quality of the human environment. An environmental impact
statement/evaluation is not required. This proposed rule is
categorically excluded from further National Environmental Policy Act
requirements, under part 516 of the Departmental Manual, Chapter 2,
Appendix 1.10. This categorical exclusion addresses policies,
directives, regulations, and guidelines that are of an administrative,
financial, legal, technical, or procedural nature and whose
environmental effects are too broad, speculative, or conjectural to
lend themselves to meaningful analysis under NEPA.
Executive Order 13175 (Tribal Consultation) and 512 DM 2 (Government-
to-Government Relationship With Tribes)
Under the President's memorandum of April 29, 1994, ``Government-
to-Government Relations with Native American Tribal Governments'' (59
FR 22951), Executive Order 13175 and 512 DM 2, we have evaluated
possible effects on federally recognized Indian tribes and have
determined that there are no adverse effects. Individual tribal members
must meet the same regulatory requirements as other individuals who
import or export wildlife.
Executive Order 13211 (Energy Supply, Distribution, or Use)
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This proposed rule
proposes to clarify the import/export license and fee requirements,
adjust the user fee schedule, and update license and user fee
exemptions. This proposed rule is not a significant regulatory action
under Executive Order 12866, and it is not expected to significantly
affect energy supplies, distribution, and use. Therefore, this action
is a not a significant energy action and no Statement of Energy Effects
is required.
List of Subjects in 50 CFR Part 14
Animal welfare, Exports, Fish, Imports, Labeling, Reporting and
recordkeeping requirements, Transportation, Wildlife.
Proposed Regulation Promulgation
For the reasons described above, we propose to amend part 14,
subchapter B of chapter I, title 50 of the Code of Federal Regulations
as set forth below.
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. 668, 704, 712, 1382, 1538(d)-(f), 1540(f),
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 9701.
2. Revise subpart I to read as follows:
Subpart I--Import/Export Licenses and User Fees
Sec.
14.91 When do I need an import/export license?
14.92 What are the exemptions to the import/export license
requirement?
14.93 How do I apply for an import/export license?
14.94 What fees apply to me?
Subpart I--Import/Export Licenses and User Fees
Sec. 14.91 When do I need an import/export license?
(a) The Endangered Species Act (16 U.S.C. 1538(d)(1)) makes it
unlawful for any person to engage in business as an importer or
exporter of certain fish or wildlife without first having obtained
permission from the Secretary. For the purposes of this subchapter,
engage in business means to import or export wildlife for commercial
purposes.
[[Page 9981]]
(b) Except as provided in Sec. 14.92, if you engage in the
business of importing or exporting wildlife for commercial purposes
(see Sec. 14.4), you must obtain an import/export license prior to
importing or exporting your wildlife shipment.
(c) The following table includes some examples of when an import/
export license is required:
------------------------------------------------------------------------
If I import into the United States * * * do I need an import/export
or export from the United States license?
------------------------------------------------------------------------
(1) Wildlife in the form of Yes.
products such as garments, bags,
shoes, boots, jewelry, rugs,
trophies, or curios for commercial
purposes.
(2) Wildlife in the form of hides, Yes.
furs, or skins for commercial
purposes.
(3) Wildlife in the form of food Yes.
for commercial purposes.
(4) As an animal dealer, animal Yes.
broker, pet dealer, or pet
supplier.
(5) As an individual pet owner for No.
personal use.
(6) As a collector or hobbyist for No.
personal use.
(7) As a laboratory researcher or Yes.
biomedical supplier for commercial
purposes.
(8) As a customs broker or freight No.
forwarder engaged in business as a
dispatcher handler, consolidator,
or transporter of wildlife or
filing documents with the Service
on behalf of others.
(9) As a common carrier when No.
engaged in business as a
transporter of wildlife.
(10) As a taxidermist, outfitter, Yes.
or guide importing or exporting my
own hunting trophies for
commercial purposes.
(11) As a taxidermist, outfitter, No.
or guide transporting or shipping
hunting trophies for clients or
customers.
(12) As a U.S. taxidermist Yes.
importing wildlife from or
exporting wildlife to foreign
owners who are requesting my
services.
(13) As a foreign owner of wildlife No.
exporting my personal hunting
trophies to my home.
(14) As a circus for exhibition or Yes.
resale purposes.
(15) As a Federal, State, No.
municipal, or tribal agency.
(16) As a public museum, or public No.
scientific or educational
institution for noncommercial
research or educational purposes.
------------------------------------------------------------------------
Sec. 14.92 What are the exemptions to the import/export license
requirement?
(a) Certain wildlife. Any person may engage in business as an
importer or exporter of the following types of wildlife without an
import/export license:
(1) Shellfish and nonliving fish products that do not require a
permit under parts 16, 17, or 23 of this subchapter, and are 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;
(2) Live farm-raised fish and farm-raised fish eggs of species that
do not require a permit under parts 16, 17, or 23 of this subchapter,
that meet the definition of bred-in-captivity as stated in Sec. 17.3
of this subchapter that are for export only; and
(3) Live aquatic invertebrates of the Class Pelecypoda, commonly
known as oysters, clams, mussels, and scallops, and their eggs, larvae,
or juvenile forms, that do not require a permit under parts 16, 17, or
23 of this subchapter, and are exported only for the purposes of
propagation or research related to propagation; and
(4) Pearls that do not require a permit under parts 16, 17, or 23
of this subchapter.
(b) Certain persons. (1) The following persons may import or export
wildlife without an import/export license provided that these persons
keep records that will fully and correctly describe each importation or
exportation of wildlife made by them and the subsequent disposition
made by them with respect to the wildlife.
(i) Public museums, or other public, scientific or educational
institutions, importing or exporting wildlife for noncommercial
research or educational purposes; and
(ii) Federal, State, tribal, or municipal agencies.
(2) Subject to applicable limitations of law, duly authorized
Service officers at all reasonable times will, upon notice, be given
access to these persons' places of business, an opportunity to examine
their inventory of imported wildlife or the wildlife to be exported,
the records described above, and an opportunity to copy those records.
Sec. 14.93 How do I apply for an import/export license?
(a) Application form. You must submit a completed FWS Form 3-200-3,
including the certification found on the form and in Sec. 13.12(a) of
this subchapter, to the appropriate regional Special Agent in Charge
under the provisions of this subpart and part 13 of this subchapter.
(b) Import/export license conditions. In addition to the general
permit conditions in part 13 of this subchapter, you must comply with
the following conditions:
(1) You must comply with all requirements of this part, all other
applicable parts of this subchapter, and any specific conditions or
authorizations described on the face of, or on an annex to, the import/
export license;
(2) You must pay all applicable license and inspection fees as
required in Sec. 14.94;
(3) You are responsible for providing current contact information
to us, including a mailing address where you will accept all official
notices sent by the Service;
(4) You must keep, in a U.S. location, the following records that
completely and correctly describe each import or export of wildlife
that you made under the import/export license and if applicable, any
subsequent disposition that you made with the wildlife, for a period of
5 years:
(i) A general description of the wildlife, such as ``live,'' ``raw
hides,'' ``fur garments,'' ``leather goods,'' ``footwear,'' or
``jewelry'';
(ii) The quantity of the wildlife, in numbers, weight, or other
appropriate measure;
(iii) The common and scientific names of the wildlife;
(iv) The country of origin of the wildlife, if known, as defined in
Sec. 10.12 of this subchapter;
(v) The date and place the wildlife was imported or exported;
(vi) The date of the subsequent disposition, if applicable, of the
wildlife and the manner of the subsequent disposition, whether by sale,
barter, consignment, loan, delivery, destruction, or other means;
(vii) The name, address, telephone, and e-mail address if known, of
the
[[Page 9982]]
person or business who received the wildlife;
(viii) Copies of all permits required by the laws and regulations
of the United States; and
(ix) Copies of all permits required by the laws of any country of
export, re-export, or origin of the wildlife;
(5) You must, upon notice, provide authorized Service officers with
access to your place(s) of business at all reasonable times and give us
an opportunity to examine your inventory of imported wildlife or the
wildlife to be exported, the records required to be kept by paragraph
(b)(4) of this section, and an opportunity to copy these records
subject to applicable limitations of the law;
(6) You must submit a report containing the information required to
be kept in paragraph (b)(4) of this section within 30 days of receipt
of a written request from us; and
(7) An import/export license gives you permission to engage in
business as an importer or exporter of wildlife only in general terms.
An import/export license is in addition to, and does not supersede, any
other license, permit, or requirement established by Federal, State, or
tribal law for the import or export of wildlife.
(c) Duration of import/export license. Any import/export license
issued under this section expires on the date designated on the face of
the import/export license. In no case will the import/export license be
valid for more than 1 year from the date of issuance.
(d) Issuance, denial, suspension, revocation, or renewal of import/
export license. We may deny, suspend, revoke, restrict, or deny renewal
of an import/export license to any person named as the holder, or a
principal officer or agent of the holder, under any of the criteria
described in part 13 of this subchapter or under the following
criteria:
(1) Fees, penalties, or costs are owed to us;
(2) You repeatedly fail to notify our Service officers at the
appropriate port at least 48 hours prior to the estimated time of
arrival of a live or perishable wildlife shipment under Sec. 14.54 (a)
or at least 48 hours prior to the estimated time of exportation of any
wildlife under Sec. 14.54(f);
(3) You repeatedly import or export certain types of wildlife
without meeting the requirements of this part or other applicable parts
of this subchapter.
Sec. 14.94 What fees apply to me?
(a) Import/export license application fees. You must pay the
application and amendment fees, as defined in Sec. 13.11(d)(4), for
any required import/export license issued under Sec. 14.93 and part 13
of this subchapter.
(b) Designated port exception permit application fees. You must pay
the application and amendment fees, as defined in Sec. 13.11(d)(4),
for any required designated port exception permit issued under subpart
C of this part.
(c) Designated port base inspection fees. Except as provided in
paragraph (k) of this section, an import/export license holder must pay
a base inspection fee, as defined in paragraph (h)(1) of this section,
for each wildlife shipment imported or exported at a designated port or
a port acting as a designated port. You can find a list of designated
ports in Sec. 14.12 and the criteria that allow certain ports to act
as designated ports in Sec. Sec. 14.16-14.19, Sec. 14.22, and Sec.
14.24 of this part.
(d) Staffed nondesignated port base inspection fees. You must pay a
nondesignated port base inspection fee, as defined in paragraph (h)(2)
of this section, for each wildlife shipment imported or exported at a
staffed nondesignated port using a designated port exception permit
issued under subpart C of this part. This fee is in place of, not in
addition to, the designated port base fee.
(e) Nonstaffed, nondesignated port base inspection fees. You must
pay a nondesignated port base inspection fee, as defined in paragraph
(h)(3) of this section, for each wildlife shipment imported or exported
at a nonstaffed, nondesignated port using a designated port exception
permit issued under subpart C of this part. You must also pay all
travel, transportation, and per diem costs associated with inspection
of the shipment. These fees are in place of, not in addition to, the
designated port base fee.
(f) Premium inspection fees. You must pay a premium inspection fee
in addition to any base inspection fees required in paragraphs (c),
(d), and (e) of this section, as defined in paragraph (h)(4) of this
section, for the following types of shipments:
(1) Except as provided in paragraph (k) of this section, any
shipment containing live or protected species, as defined in paragraph
(h)(4) of this section, imported or exported by an import/export
license holder at a designated port or a port acting as a designated
port. You can find a list of designated ports in Sec. 14.12 and the
criteria that allow certain ports to act as designated ports in
Sec. Sec. 14.16-14.19, Sec. 14.22, and Sec. 14.24 of this part;
(2) Any shipment containing live or protected species, as defined
in Sec. 14.94(h)(4), imported or exported via air, ocean, rail, or
truck cargo, by persons not requiring an import/export license under
Sec. 14.91, at a designated port or a port acting as a designated
port. You can find a list of designated ports in Sec. 14.12 and the
criteria that allow certain ports to act as designated ports in
Sec. Sec. 14.16-14.19, Sec. 14.22, and Sec. 14.24 of this part;
(3) Any shipment containing live or protected species, as defined
in paragraph (h)(4) of this section, imported or exported at a
nondesignated port using a designated port exception permit issued
under subpart C of this part.
(4) You must pay two premium inspection fees in addition to any
base inspection fees required in paragraphs (c), (d), and (e) of this
section, as defined in paragraph (h)(4) of this section, if your
wildlife shipment contains live and protected species.
(g) Overtime fees. You must pay fees for any inspections that begin
before normal working hours, that extend beyond normal working hours,
or are on a Federal holiday, Saturday, or Sunday.
(1) Overtime fees are in addition to any base inspection fees or
premium inspection fees required for each shipment and will be charged
regardless of whether or not you have an import/export license.
(2) Our ability to perform inspections during overtime hours will
depend upon the availability of Service personnel. If we cannot perform
an inspection during normal working hours, we may give you the option
of requesting an overtime inspection.
(3) The overtime fee is calculated using a 2-hour minimum plus any
actual time in excess of the minimum and incorporates the actual time
to conduct an inspection and the travel time to and from the inspection
location.
(4) The Service will charge any overtime, including travel time, in
excess of the minimum in quarter-hour increments of the hourly rate.
The Service will round up an inspection time of 10 minutes or more
beyond a quarter-hour increment to the next quarter-hour and will
disregard any time over a quarter-hour increment that is less than 10
minutes.
(5) The Service will charge only one overtime fee when multiple
shipments are consigned to or are to be exported by the same importer
or exporter and are all inspected at the same time at one location. The
overtime fee will consist of one 2-hour minimum or the actual time for
inspection of all the applicable shipments, whichever is greater. All
applicable base and premium fees will apply to each shipment.
[[Page 9983]]
(6) We will charge 1 hour of time at 1\1/2\ times the hourly labor
rate for inspections beginning less than 1 hour before normal working
hours.
(7) We will charge a minimum of 2 hours of time at an hourly rate
of 1\1/2\ times the average hourly labor rate for inspections outside
normal working hours except for inspections performed on a Federal
holiday.
(8) We will charge a minimum of 2 hours of time at an hourly rate
of 2 times the average hourly labor rate for inspections performed on a
Federal holiday.
(h) Fee schedule.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fee cost per year
Inspection fee schedule --------------------------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Designated port base inspection $85................... $87................... $89.................. $91.................. $93
fee (see Sec. 14.94(c)).
(2) Staffed nondesignated port base $133.................. $136.................. $139................. $142................. $145
inspection fee (Sec. 14.94(d)).
(3) Nonstaffed nondesignated port $133.................. $136.................. $139................. $142................. $145
base inspection fee (Sec.
14.94(e)).
(4) Premium inspection fee at any
port (see Sec. 14.94(f)):
(i) Protected species. Any $19................... $37................... $56.................. $74.................. $93
species that requires a permit
under 50 CFR parts 15, 16, 17,
18, 21, 22, or 23;
(ii) Live species. Any live $19................... $37................... $56.................. $74.................. $93
wildlife, including live
viable eggs and live pupae.
(5) Overtime inspection fee (see
Sec. 14.94(g)):
(i) Inspections beginning less $48................... $49................... $51.................. $52.................. $53
than 1 hour before normal work
hours.
(ii) Inspections after normal $96 min. + $48/hr..... $98 min. + $49/hr..... $101 min.+ $51/hr.... $103 min.+ $52/hr.... $105 min. + $53/hr.
work hours, including Saturday
and Sunday.
(iii) Inspections on Federal $128 min. + $64/hr.... $131 min. + $65/hr.... $133 min. + $67/hr... $136 min.+ $68/hr.... $139 min. + $70/hr.
holidays.
--------------------------------------------------------------------------------------------------------------------------------------------------------
?>(i) The Service will not refund any fee or any portion of any
license or inspection fee or excuse payment of any fee because
importation, exportation, or clearance of a wildlife shipment is
refused for any reason.
(j) All base inspection fees, premium inspection fees, and overtime
fees will apply regardless of whether or not a physical inspection of
your wildlife shipment is performed, and no fees will be prorated
except as provided in paragraph (g)(5) of this section.
(k) Exemptions to inspection fees.
(l) Certain North American origin wild mammal furs or skins.
Wildlife shipments that meet all of the following criteria are exempt
from the designated port base inspection fee (These shipments are not
exempt from the designated port overtime fees or the import/export
license application fee.):
(i) The wildlife is a raw fur, raw, salted, or crusted hide or
skin, or a separate fur or skin part, lawfully taken from the wild in
the United States, Canada, or Mexico that does not require permits
under parts 17, 18, or 23 of this subchapter; and
(ii) You, as the importer or exporter, or a member of your
immediate family, such as your spouse, parents, siblings, and children,
took the wildlife from the wild and are shipping the wildlife between
the United States and Canada or Mexico; and
(iii) You have not previously bought or sold the wildlife described
in paragraph (k)(1)(i) of this section, and the shipment does not
exceed 100 raw furs, raw, salted, or crusted hides or skins, or fur or
skin parts; and
(iv) You certify on Form 3-177, Declaration for Importation or
Exportation of Fish or Wildlife, that your shipment meets all the
criteria in this section.
(2) You do not have to pay base inspection fees, premium inspection
fees, or overtime fees if you are importing or exporting wildlife that
is exempt from import/export license requirements as defined in Sec.
14.92(a) or you are importing or exporting wildlife as a government
agency as defined in Sec. 14.92(b)(1)(ii).
(3) You do not have to pay base inspection fees, premium inspection
fees, or overtime fees if you are importing or exporting wildlife that
meets the criteria for ``domesticated animals'' as defined in Sec.
14.4 of this part.
Dated: December 14, 2007.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
Editorial Note: This document was received at the Office of the
Federal Register on February 19, 2008.
[FR Doc. E8-3330 Filed 2-22-08; 8:45 am]
BILLING CODE 4310-55-P