FWS Proposes to Amend its Import/Export License Fees and Requirements for Wildlife

(FWS explains that the regulations under 50 CFR Part 14 provide individuals and businesses with guidelines and procedures to follow when importing or exporting wildlife. The regulations also provide specific ports and locations where these activities may be conducted as well as any fees that may be charged as a result of these activities.)

Comments are due by April 25, 2008.

Inspection Fees Would Increase Over Next 5 Years and be Based on Type of Port

FWS proposes to amend 50 CFR 14.94 by increasing its fees for inspections of wildlife to cover the increased cost of providing these services and the required support, and by adjusting the way it charges these fees. FWS explains that its current fees, a flat rate of $55 per shipment for inspections at designated ports during normal working hours, date to 1996 and do not attempt to cover the costs of providing its inspection services to the wildlife trade community.

Initial inspection fee would be $85 for designated ports. The proposed user fee structure would consist of a flat rate base inspection fee based upon the type of port. FWS proposes to increase the premium inspection fees gradually over 5 years, beginning in 2008, reflecting both inflation and a gradual move to 100% 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.

For 2008, the rates would be: (i) $85 for designated ports or ports acting as designated ports; (ii) $133 for staffed, non-designated ports; and (iii) $133 for non-staffed, non-designated ports. By 2012, the respective rates would be (i) $93; (ii) $145; and (iii) $145.

Premium inspection fees, overtime fees. There would also be two premium inspection fees, starting at $19 each in 2008 and ending at $93 in 2012, for shipments containing protected or live species. FWS also proposes overtime fees which in 2008 would be: (i) a $48 flat fee for inspections beginning less than one hour before normal work hours; (ii) $96/minute plus $48/hour for inspections after normal work hours and Saturdays/Sundays; and (iii) $128/minute plus $64/hour for inspections on federal holidays. The respective overtime fees by 2012 would be (i) $53; (ii) 105/minute plus $53/hour; and (iii) $139/minute plus $70/hour.

Exemptions to proposed inspection fees. FWS would continue to make certain exemptions for its inspection fees, including for (1) individuals who import or export shipments of 100 or fewer raw furs or, raw, salted, or crusted mammal hides or skins between the U.S., Canada, or Mexico as long as certain conditions are met and (2) 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.

Certain former exemptions would no longer apply. FWS proposes to remove the user fee exemption for businesses that export food items derived from aquacultured sturgeon products, including caviar, American bison meat, and ostrich and emu meat.

FWS also proposes to remove the user fee exemption for businesses that import or export certain captive-bred mammals or their products and circuses.

Proposed Changes to FWS Import/Export License Requirements

FWS proposes to clarify when an import/export license is required by persons who engage in the business of importing and exporting wildlife; change the license requirement exemptions; and add clarifying language regarding the grounds for suspension, denial, etc. of import/export licenses.

Examples of when an import/export license is needed. The proposed rule would amend 50 CFR 14.91 by replacing the section on persons required to be licensed with a table that provides examples of when FWS considers persons to be engaging in business as an importer or exporter of wildlife. Examples from the proposed table of when an import/export license is needed include:

1. wildlife in the form of products such as garments, bags, shoes, boots, jewelry, rugs, trophies, or curios for commercial purposes;
2. wildlife in the form of hides, furs, or skins for commercial purposes;
3. wildlife in the form of food for commercial purposes; and
4. as an animal dealer, animal broker, pet dealer, or pet supplier.

The proposed rule would also amend 50 CFR 14.91 to limit who should be licensed to those persons directly involved with importing and exporting wildlife. Therefore, FWS proposes to eliminate requirements for persons who are indirectly involved with a shipment either before or after our clearance of the shipment (e.g. freight forwarders).

Removal of license exemptions for certain captive-bred species etc. FWS proposes to amend 50 CFR 14.92 to remove the existing import/export license exemptions 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. FWS also propose that circuses would no longer qualify for the exemption from FWS import/export license requirements.

Grounds for suspension, denial, etc. of import/export license. FWS states that although the following factors are already generally covered by the regulations in 50 CFR Part 13, FWS wishes to bring them to the attention of wildlife importers and exporters by adding them to 50 CFR 14.93 as grounds for suspension, revocation, denial, or renewal of an import/export license: (1) repeated failure to provide the required prior notification for certain shipments; and (2) repeated import or export of certain types of wildlife without following the requirements in 50 CFR 14.93.

(See proposed rule for a requirement that importers and exporters would be responsible for providing current contact information, including a mailing address, to be used for official notifications from FWS.)

Public Meeting to be Held April 3, 2008 on Proposed Rule

FWS will hold a public meeting on April 3, 2008 in Arlington, VA to discuss the proposed changes.

-comments due April 25, 2008

FWS contact - Kevin Garlick (703) 358-1949

FWS press release and Q&A document on the proposed rule (dated 02/20/08) available at http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=38B1C810-C61F-A7A4-595435DF8581EAD7 and http://www.fws.gov/home/feature/2008/pdf/FinanleimportpermitQuestionsandAnswers.pdf, respectively.

FWS proposed rule (FWS-R9-LE-2008-0024, FR Pub 02/25/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-3330.pdf