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<div class="moz-cite-prefix">So. I have it from someone who I can
always rely on for a good, solid answer that there seem to be some
ports that read the reg to mean that state universities are not
state agencies. In other words, they fall into the "scientific and
educational" category, which has not been exempt since 2008, and
not into the "state agency" category.<br>
<br>
I have asked for clarification from the USFWS Division of Law
Enforcement in Region 9 (HQ). <br>
<br>
Obviously, this is an ambiguity in the regs, because state
universities are...well, run by the state, overseen by the state,
controlled by the state, funded by the state, the employees are
state employees, and so on. Hard to understand how they are not
state agencies. <br>
<br>
Not that websites are legal authorities, but just for instance,
the State of California lists the U of C as a state agency:
<a class="moz-txt-link-freetext" href="http://www.ca.gov/Apps/Agencies.aspx">http://www.ca.gov/Apps/Agencies.aspx</a> as does New Mexico:
<a class="moz-txt-link-freetext" href="http://www.newmexico.gov/government/A_to_Z_state_Agency_Listings.aspx#U">http://www.newmexico.gov/government/A_to_Z_state_Agency_Listings.aspx#U</a>
and Massachusetts:
<a class="moz-txt-link-freetext" href="http://www.mass.gov/portal/global-agency-list.html#U">http://www.mass.gov/portal/global-agency-list.html#U</a> and Maryland:
<a class="moz-txt-link-freetext" href="http://www.maryland.gov/pages/agency_directory.aspx?q=university">http://www.maryland.gov/pages/agency_directory.aspx?q=university</a><br>
<br>
(No I am not going to check all 50....)<br>
<br>
Stand by.<br>
<br>
Ellen<br>
<pre class="moz-signature" cols="72">Ellen Paul
Executive Director
The Ornithological Council
Email: <a class="moz-txt-link-abbreviated" href="mailto:ellen.paul@verizon.net">ellen.paul@verizon.net</a>
"Providing Scientific Information about Birds<a class="moz-txt-link-rfc2396E" href="http://www.nmnh.si.edu/BIRDNET">"
http://www.nmnh.si.edu/BIRDNET"</a>
</pre>
On 3/29/13 10:29 AM, Ellen Paul wrote:<br>
</div>
<blockquote cite="mid:5155A532.8080407@verizon.net" type="cite">
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<font face="Times New Roman, Times, serif">Over the past few
weeks, we've had quite a bit of news about the challenges of
importing and exporting in person</font>. <br>
<br>
In 2008, the USFWS increased inspection fees and expressly ended
the exemption for imports of "protected wildlife." That term means
"anything that requires a permit." So: Migratory Bird Treaty Act,
Wild Bird Conservation Act, Endangered Species Act, CITES, Marine
Mammal Protection Act.<font face="Times New Roman, Times, serif"><br>
<br>
<br>
The <a moz-do-not-send="true"
href="http://www.fws.gov/policy/library/2008/E8-3330.html">proposed
rule</a> said:<br>
</font><br>
<font face="Times New Roman, Times, serif"> </font>
<pre style="color: rgb(0, 0, 0); font-style: normal; font-variant: normal; font-weight: normal; letter-spacing: normal; line-height: normal; orphans: auto; text-align: start; text-indent: 0px; text-transform: none; widows: auto; word-spacing: 0px; -webkit-text-size-adjust: auto; -webkit-text-stroke-width: 0px;"><bullet><bullet>We propose that <b>individuals or organizations</b> who <b>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, </b><b>will pay proposed premium inspection fees when
importing or exporting via air, ocean, rail, or truck cargo</b>. However,
these shipments will continue to be exempt from the proposed base
inspection fees. <b>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.</b> 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.</bullet></bullet></pre>
<br>
Premium fees only; not base fees. The premium fee is $93.
Importers who import protected species under licenses, i.e.,
commercial imports, have to pay the base fee. <br>
<br>
<br>
When the <a moz-do-not-send="true"
href="http://www.fws.gov/policy/library/2008/E8-29070.html">final
regulation</a> was published, it included this explanatory text:<br>
<br>
<pre style="color: rgb(0, 0, 0); font-style: normal; font-variant: normal; font-weight: normal; letter-spacing: normal; line-height: normal; orphans: auto; text-align: start; text-indent: 0px; text-transform: none; widows: auto; word-spacing: 0px; -webkit-text-size-adjust: auto; -webkit-text-stroke-width: 0px;">Exemptions to Inspection Fees (New Section, Sec. 14.94(k))
During the development of the inspection fee template, we decided
that some individuals or organizations, or certain commodities, should
continue to be exempt from inspection fees. These longstanding
exemptions reflect the lack of regular inspection services provided and
the limited numbers of shipments for which services are required.
Government 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 inspection fees, including overtime fees. The
retention of this exemption complements other Service regulations.</pre>
<br>
Although this seems crystal-clear - GOVERNMENT AGENCIES CONTINUE
TO BE EXEMPT - some ports are imposing fees on government
agencies. <br>
<br>
And, in fact, these are the current regulations, which expressly
provide that GOVERNMENT AGENCIES ARE EXEMPT:<br>
<br>
<u> </u><br>
50 CFR 14.94 (k)(2)<br>
<br>
(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 § 14.92(a) <font color="#cc0000">or
you are importing or exporting wildlife as a government agency
as defined in § 14.92(b)(1)(ii). </font><br>
<br>
§ 14.92 What are the exemptions to the import/export license
requirement? <br>
<br>
(b) Certain persons.(1) The following persons may import or export
wildlife without obtaining 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 <font
color="#cc0000">(ii) Federal, State, tribal, or municipal
agencies. </font><br>
<br>
<br>
Some ports or at least some port inspectors seem not to be aware
of this; they are imposing fees on state universities and state
museums. <br>
<br>
Please advise me if you run into this problem. The best thing to
do is ask nicely for them to review these regulations. If they
persist in saying that you must pay the fee, ask to speak to the
supervisor (and please let me know about it). <br>
<br>
Meanwhile, we are working on it ....<br>
<br>
Ellen Paul<br>
<font face="Times New Roman, Times, serif"><br>
</font>
<pre class="moz-signature" cols="72">Ellen Paul
Executive Director
The Ornithological Council
Email: <a moz-do-not-send="true" class="moz-txt-link-abbreviated" href="mailto:ellen.paul@verizon.net">ellen.paul@verizon.net</a>
Phone (301) 986 8568
"Providing Scientific Information about Birds<a moz-do-not-send="true" class="moz-txt-link-rfc2396E" href="http://www.nmnh.si.edu/BIRDNET">"
http://www.nmnh.si.edu/BIRDNET"</a>
</pre>
<br>
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