[NHCOLL-L:2663] Fwd: USFWS and 3-177 forms

[Doug Yanega]

>Approved-By: Shelton.Sally at NMNH.SI.EDU
>Delivered-To: permit-l at si-listserv.si.edu
>X-Accept-Language: en-us, en
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>Date:         Thu, 19 May 2005 09:07:01 -0400
>Reply-To: Scientific Permits issues <PERMIT-L at SI-LISTSERV.SI.EDU>
>Sender: Scientific Permits issues <PERMIT-L at SI-LISTSERV.SI.EDU>
>From: Ellen Paul <ellen.paul at VERIZON.NET>
>Subject: [NHCOLL-L:2658] USFWS and 3-177 forms
>To: PERMIT-L at SI-LISTSERV.SI.EDU
>X-Junkmail-Status: score=22/65, host=sentry.ucr.edu
>
>The 3-177 is a Law Enforcement form, not a permit (and therefore, 
>not under the jurisdiction of the Office of Management Authority, 
>which is Mike Carpenter's roost).
>
>Under 50 CFR 14.61 you must file the declaration (3-177)
>
>TITLE 50--WILDLIFE AND FISHERIES
>
>  CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
>                                 INTERIOR
>
>PART 14_IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
>--Table of Contents
>
>                      Subpart F_Wildlife Declarations
>
>Sec. 14.61  Import declaration requirements.
>
>
>     Except as otherwise provided by the regulations of this subpart,
>importers or their agents must file with the Service a completed
>Declaration for Importation or Exportation of Fish or Wildlife (Form 3-
>177), signed by the importer or the importer's agent, upon the
>importation of any wildlife at the place where Service clearance under
>Sec. 14.52 is requested. However, wildlife may be transshipped under
>bond to a different port for release from custody by Customs Service
>officers under 19 U.S.C. 1499. For certain antique articles as specified
>in Sec. 14.22, importers or their agents must file a Form 3-177 with
>the District Director of Customs at the port of entry prior to release
>from Customs custody. Importers or their agents must furnish all
>applicable information requested on the Form 3-177 and the importer, or
>the importer's agent, must certify that the information furnished is
>true and complete to the best of his/her knowledge and belief.
>
>Under Section 14.62 (c)
>
>(c) General declarations for certain specimens. Notwithstanding the
>provisions of 14.61 and except for wildlife included in paragraph (d) of
>this section, an importer or his/her agent may describe in general terms
>on a Declaration for the Importation or Exportation of Fish or Wildlife
>(Form 3-177) scientific specimens imported for scientific institutions
>for taxonomic, systematic research, or faunal survey purposes. An
>importer or his/her agent must file an amended Form 3-177 within 180
>days after filing of the general declaration with the Service. The
>declaration must identify specimens to the most accurate taxonomic
>classification reasonably practicable using the best available taxonomic
>information. The Director may grant extensions of the 180-day period.
>
>So here's the deal - if you show up at a port without a 3-177, you 
>won't be getting in until you fill in the form and hand it over, and 
>they can inspect at their discretion.
>
>I think where we have a disconnect here is that one of you is 
>talking about mailing specimens and samples and the other is talking 
>about bringing them in by hand.
>
>The 180-days is intended for specimens, where you may not have 
>identified everything in the field, and so you can amend later on. 
>You can't just cruise into the port without a 3-177 at all.
>
>As for mailing, well, you can't mail specimens that require a 
>permit, according to the Division of Law Enforcement and according 
>to 50 CFR 14.24
>
>PART 14_IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
>--Table of Contents
>
>         Subpart B_Importation and Exportation at Designated Ports
>
>Sec. 14.24  Scientific specimens.
>
>     Except for wildlife requiring a permit pursuant to parts 16, 17, 18,
>21, 22 or 23 of this subchapter, dead, preserved, dried, or embedded
>scientific specimens or parts thereof, imported or exported by
>accredited scientists or accredited scientific institutions for
>taxonomic or systematic research purposes may enter or exit through any
>U.S. Customs port, or may be shipped through the international mail
>system. Provided, that this exception will not apply to any specimens or
>parts thereof taken as a result of sport hunting.
>
>16 = injurious wildlife (Lacey Act)
>17 = ESA
>18 = Marine mammals
>21 = migratory birds
>22 = eagles (Bald, Golden)
>23 = CITES
>
>
>Ellen
>--
>Ellen Paul
>Executive Director
>The Ornithological Council
><Mailto:ellen.paul at verizon.net>Mailto:ellen.paul at verizon.net
>Ornithological Council Website:  
><http://www.nmnh.si.edu/BIRDNET>http://www.nmnh.si.edu/BIRDNET
>"Providing Scientific Information about Birds"
-- 

Doug Yanega        Dept. of Entomology         Entomology Research Museum
Univ. of California - Riverside, Riverside, CA 92521-0314
phone: (951) 827-4315 (standard disclaimer: opinions are mine, not UCR's)
              http://cache.ucr.edu/~heraty/yanega.html
   "There are some enterprises in which a careful disorderliness
         is the true method" - Herman Melville, Moby Dick, Chap. 82
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