USF&WS regulations--'8 or more' rule

Kenelm Philip fnkwp at
Thu Nov 20 17:58:15 EST 1997

	Some comments recently gave me the impression that the '8 or more'
rule, despite the unfavorable reaction it received when first proposed,
had finally been adopted by the F&WS. I just talked to a F&WS enforcement
person in Anchorage--and he verified that the '8 or more' rule was indeed
added during 1996 to the list of restrictions that affect the importation
of insect specimens.

	The '8 or more' rule states that the importation of 8 or more
similar items creates a presumption of commercial use. The person who
wrote the rule was asked about beetles (of different families) and replied
that a shipment including 8 or more beetles (even if no two were from the
same family) would be considered to contain 8 or more 'similar' items.
That implies that 8 or more lepidoptera would also come under the rule.
I do not yet know if the version that was implemented is as restrictive
as the above would indicate.

	My contact assured me that this rule was not being applied to
scientific specimens. 'Scientific' was defined by the importer's being
a member of, or associated with, some scientific institution (museum or
university, etc.) or society. I inquired about the status of hobbyists
who were not so associated, and had no degrees in entomology--and was
told that was a gray area. If the hobbyist were engaged in the sale of
specimens, or trading of specimens, the 8 or more rule might be applied.
It would appear that entomological hobbyists engaged in importation of
foreign material would do well to look for some 'scientific' association
where possible.

	I have requested copies of 50 CFR 10, 14, 17, and 23 be sent to
me, since my 1987 copies are now rather out of date. When these arrive
I should have background material at hand on this topic...

							Ken Philip
fnkwp at

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