FWS' Proposed Rule for Major Update of Regulations Governing Global Trade in Wildlife, Plants (Part IX- Final)

This is Part IX, the final part of a multi-part series of summaries on FWS' proposed rule. Among other things, this final part highlights what FWS views as the impact-both the potential costs and benefits of its proposed regulations-to U.S businesses.

More Than Half of U.S. CITES Documents are for Hunting Trophies and Commercial Wildlife

As of July 19, 2005, FWS' records show there are 5,988 active U.S. CITES documents (the period of validity for documents ranges from six months to four years). In the U.S., the percentage of CITES documents issued for various uses is generally as follows: 34% hunting trophies; 19% commercial wildlife; 18% personal use; 8% scientific research; 6% commercial plants; 6% zoological parks; 5% breeding; 3% circuses; and 1% miscellaneous.

FWS' Proposed Rule Would Have Minimal Impact for Importers and Exporters

According to FWS, the proposed rule should cause little or no impact for importers or exporters. The foreign suppliers are, in most cases, already required by their own country's laws to follow the CITES resolutions and decisions. In addition, if a U.S. importer were to receive a shipment that did not comply with all of the requirements of the country of export, the import may violate the Lacey Act Amendments of 1981.

FWS adds that exporters need to comply with requirements of the importing country in addition to U.S. requirements and notes that if a shipment is not in compliance with all applicable laws, it may be seized, detained, or refused clearance at its destination.

Furthermore, FWS states that it does not expect that its proposed rule would have a significant effect on the volume or dollar value of wildlife and plants imported, exported, or re-exported to and from the U.S.

Potential costs to U.S. businesses.FWS contends that many of the costs of the proposed rule incurred by industry would be associated with changes to required information collections-which are annual, periodic, or one-time collections. According to FWS, costs not associated with information collections are more difficult to quantity and include:

1. The need for operations that are breeding Appendix-I wildlife for commercial purposes to become registered;
2. The need for facilities that are breeding Appendix-I wildlife for noncommercial purposes to participate in a cooperative conservation program;
3. Conditioned noncommercial use of Appendix-I and certain Appendix-II and -III specimens after import into the U.S.; and
4. The need to label sturgeon caviar and re-export caviar within 18 months from the date of the issuance of the original export permit.

Potential benefits to U.S. businesses.FWS states that the publication of the proposed revisions would assist U.S. businesses in complying with CITES requirements when engaging in international wildlife trade. Many of the benefits are due to clarified regulations. Potential benefits include:

Streamlining procedures for traveling exhibitions;

Establishing application procedures for registration of operations breeding Appendix-I wildlife species for commercial purposes;

Issuing a bred-in-captivity certificate that eliminates the need to obtain an import permit;

Exempting coral sand and coral fragments from CITES requirements as well as using standardized coral nomenclature to simplify procedures and therefore provide relief to entities that trade in coral internationally;

Informing the public about proper CITES documents and procedures for international travel with personal live wildlife (i.e., pets);

Streamlining procedures to issue permits for trade that would have a negligible impact or no impact on the conservation of the permitted species and that is repetitive in nature;

Simplifying procedures for shipment of sample collections under an ATA carnet;

Issuing or accepting a letter that could be used repeatedly, in place of requiring a single-use permit for certain wildlife hybrids; and

Exempting urine, feces, and synthetically derived DNA from CITES requirements.

(See FWS' proposed rule for additional information including proposed changes to the following subparts of 50 CFR Part 23: Subpart D (Factors Considered in Making Certain Findings), Subpart F (Disposal of Confiscated Wildlife and Plants), Subpart G (CITES Administration), and Subpart H (List of Species).)

(See ITT's Online Archives or 05/05/06, 05/12/06, 05/18/06, 05/24/06, 05/31/06, 06/02/06, 06/07/06, and 06/08/06 news, 06050525, 06051220, 06051815, 06052430, 06053125, 06060235, 06060720, and 06060830, for Parts I-VIII.)

-written comments due by June 19, 2006

FWS Contact - Peter Thomas (703) 358-2093

FWS Proposed Rule (FR Pub 04/19/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-3444.pdf

FWS Corrections on Proposed Rule (FR Pub 05/02/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/C6-3444.pdf