[NHCOLL-L:2664] Re: Fwd: Re: USFWS and 3-177 forms

[James B. Ladonski]

Thanks Mike et al.,

This is one thing that is confusing me, the difference between "clearance" 
and "declarations".  For example, 50 CFR 14.55 ("Exceptions to clearance 
requirements") states, in part:

Except for wildlife requiring a permit pursuant to part 17 or 23 of this 
subchapter B, clearance is not required for the importation of the 
following wildlife:

(d) 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. 
Except: That this exception will not apply to any specimens or parts 
thereof taken as a result of sport hunting.

I read this as saying scientific specimens do not need to be "cleared" by 
USFWS, either on import or export.  Is this correct, or am I taking it out 
of context?  If that is correct, then what is the purpose of the 
3-177?  How is that different from "clearance"?  I am especially confused 
by 50 CFR 14.64 ("Exceptions to export declaration requirements"), which is 
what Mike included below.  Specifically:

  b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 
21, or 23 of
  this subchapter B, a Declaration for the Importation or Exportation of 
Fish or Wildlife
  (Form 3-177) does not have to be filed for the exportation of the following:

  (3) Shipments of dead, preserved, dried, or embedded scientific specimens 
or parts
  thereof, exported by accredited scientists or accredited scientific 
institutions for
  taxonomic or systematic research purposes. An exporter or his/her agent 
must file a
  Form 3-177 within 180 days of exportation with the appropriate Assistant 
Regional
  Director-Law Enforcement in the Region where the exportation occurs. The 
declaration
  must identify the specimens to the most accurate taxonomic classification 
reasonably
  practicable using the best available taxonomic information, and must 
declare the
  country of origin. Except: That this exception will not apply to any 
specimens or parts
  thereof taken as a result of sport hunting.

Again, this initially gives me the impression that a 3-177 does not need to 
be filed for scientific specimens, although the second sentence of item (3) 
clearly states a 3-177 must be filed within 180 days.  Is this a 
contradiction of item (b)?

Thanks everyone,

Jamie




At 5/19/2005 10:50 AM, Doug Yanega wrote:
>>Approved-By: Shelton.Sally at NMNH.SI.EDU
>>Delivered-To: permit-l at si-listserv.si.edu
>>X-Virus-Scanned: SI-EMS border system (SI+SA)
>>Date:         Thu, 19 May 2005 09:06:45 -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: Michael Carpenter <Michael_Carpenter at FWS.GOV>
>>Subject: Re: [NHCOLL-L:2658] USFWS and 3-177 forms
>>To: PERMIT-L at SI-LISTSERV.SI.EDU
>>X-Junkmail-Status: score=18/65, host=sentry.ucr.edu
>>
>>
>>OK since Doug asked here are the regulations - note that the exceptions
>>have certain requirements and there are exceptions to the exceptions -
>>
>>  b) Except for wildlife requiring a permit pursuant to part 16, 17, 18, 
>> 21, or 23 of
>>  this subchapter B, a Declaration for the Importation or Exportation of 
>> Fish or Wildlife
>>  (Form 3-177) does not have to be filed for the exportation of the 
>> following:
>>
>>  (1) Wildlife that is not intended for commercial use where the value of 
>> such wildlife
>>  is under $250;
>> 
>>
>>  (2) Wildlife products or manufactured articles, including game 
>> trophies, that are not
>>  intended for commercial use and are used as clothing or contained in 
>> accompanying
>>  personal baggage or are part of a shipment of the household effects of 
>> persons moving
>>  their residence from the United States; and
>>
>>  (3) Shipments of dead, preserved, dried, or embedded scientific 
>> specimens or parts
>>  thereof, exported by accredited scientists or accredited scientific 
>> institutions for
>>  taxonomic or systematic research purposes. An exporter or his/her agent 
>> must file a
>>  Form 3-177 within 180 days of exportation with the appropriate 
>> Assistant Regional
>>  Director-Law Enforcement in the Region where the exportation occurs. 
>> The declaration
>>  must identify the specimens to the most accurate taxonomic 
>> classification reasonably
>>  practicable using the best available taxonomic information, and must 
>> declare the
>>  country of origin. Except: That this exception will not apply to any 
>> specimens or parts
>>  thereof taken as a result of sport hunting.
>> 
>>
>>
>>Mike Carpenter, Senior Biologist
>>U.S. Fish and Wildlife Service
>>Division of Management Authority
>>Branch of Permits
>>
>>NEW PROCESSING FEES GO INTO EFFECT MAY 11,2005.  PLEASE VISIT OUR WEBSITE
>>AT http://www.fws.gov/permits FOR ADDITIONAL INFORMATION.</x-charset>
>
>--
>
>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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