permits and licenses

Ron Gatrelle gatrelle at tils-ttr.org
Fri Feb 16 15:24:10 EST 2001


I am certainly for filling out as much paper work as is requested to cover
one's own rear. It is stupid to go looking for trouble. I thought I should
say this in case someone thought I might be saying to just "ignore" the
paperwork. My comments have been from the perspective that if there was
such a thing as an expert bug-regulation defense lawyer he could probably
show that many of these regulations ( by a webwork of agencies, countries,
treaties, etc.), are so unclear, overlaying, or assumptive that they are
being improperly applied, or even, outside the intents.

Regulations and Law work together but they are different. Regulations
generally have no plenary powers. Someone is charged for violating a
regulation but the plenary power is under a separate entity (law) or
agency. Then jurisdiction comes into play also. Mail to uncle Vinney in
Italy without papers and go to jail. Take them in your luggage to him and
no problem. Where is the sense or justice in that?

As James Kruse states below, if some simple thing like a license would
eliminate and simplify all this overlaying overkill one would want to opt
for that. Realistically, that will never happen because we would only get a
license and licensing bureau added to everything else. Government only gets
bigger not smaller.

Ron

----- Original Message -----
From: "Eric or Pat Metzler" <spruance at infinet.com>
To: <leps-l at lists.yale.edu>
Sent: Friday, February 16, 2001 12:12 PM
Subject: Re: permits and licenses


> When importing or exporting, by shipment or US Mail, any insect, alive or
> dead, a USFWS form 177 for Customs clearance is also required.   The only
> exemption to this is for specimens carried with you as personal luggage.
> When I mail specimens abroad, I always attach the form 177 to the outside
of
> the package in a zip lock baggie so it can be easily read.  When I'm
> importing insects, it is my responsibility to send the 177 to the person
who
> is mailing the insects to me.  Otherwise the shipment can be confiscated
and
> returned or destroyed.  The US law does not affect the person doing the
> shipping, but the law surely affects me as the person in the US wanting
to
> receive the specimens.
>
>
> "James J Kruse" <fnjjk1 at aurora.uaf.edu> wrote in message
> news:Pine.OSF.4.31.0102131033070.18975-100000 at aurora.uaf.edu...
> > On Tue, 13 Feb 2001, Ron Gatrelle wrote:
> >
> > > General. Insects require NO permits to import or export under 50 CFR
14
> > > unless CITES endangered under 50 CFR 23 or US endangered 50 CFR 17.
> >
> > If you are trying to import insect specimens to the U.S., proof of
permit
> > is required if the country from which the insects are exported has some
> > sort of an export permit. It is your responsibility to know this if you
> > are importing (to the U.S.) from other countries.
> >
> > The specimens do not have to be CITES endangered or U.S. endangered.
For
> > example, if you want to bring in Pieris rapae from Russia, you need a
> > Russian export permit or your specimens will be confiscated. It doesn't
> > matter if the permit is impossible to get (Russian scientists
apparently
> > don't even know how to get one). Too bad if the specimens are plainly
> > labeled 200 year old type specimens of nothing but scientific value and
> > it is obvious that there is no commercial intent. If you try to bring
them
> > in, they are doomed to be destroyed by dermestid beetles in a
> > non-environmentally controlled warehouse while you scramble around
trying
> > to find a permit or spending years with a lawyer or worse.
> >
> > If a professional or hunting-style license alleviates this overzealous
> > nonsense, then I am all for it.
> >
> > Regards,
> > James J. Kruse, Ph.D.
> > Curator of Entomology
> > University of Alaska Museum
> > 907 Yukon Drive, PO Box 756960
> > Fairbanks, AK  99775-6960
> > Phone: 907.474.5579
> > Fax: 907.474.1987/5469
> > http://www.uaf.edu/museum/
> >
> >
> >
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