[Nhcoll-l] Filing post-import 3-177s for specimens for taxonomic & systematic research

[Trina Roberts]

Hi colleagues,

We are experiencing some misunderstandings with the local USFWS inspection
office about what we do and don't need to do for imports of dried/preserved
specimens for taxonomic/systematic research.  These are not anything that
would require CITES, ESA, MBTA, MMPA, or other special permitting.  They
are not imports from new field work, but specimens from existing
collections being loaned to us or being returned to us after a loan.

My interpretation of the situation and our responsibility is:
- The specimens are for taxonomic/systematic research because they are
being used in studies that will do such things as naming species and
determining evolutionary relationships among species and higher taxa,
regardless of whether the identity of these specimens is unknown or what we
currently know of their taxonomy.
- We *do not* have to file a 3-177 and have the shipment cleared
before/upon import, because 50 CFR §14.55 (d) says that clearance is not
required for such shipments, and 50 CFR §14.62 (d) says we do not have to
file a declaration at the time of importation.
- But we *do* have to file a 3-177 within 180 days after the import,
because 50 CFR §14.62 (d) says we must do so "with the appropriate
Assistant Regional Director - Law Enforcement"

USFWS's current interpretation is:
- The specimens cannot be for taxonomic/systematic research because they
have already been identified to genus, and therefore we know what they
are.  The exception for taxonomic/systematic research only holds if the
specimens in the shipment are unidentified.  We have managed to talk
them into accepting that individual shipments are for taxonomic research
after a rejection, but with no evidence that they have changed their
overall interpretation.
- Therefore we need to file a 3-177 and have the shipment cleared before
import.
- There is no difference between clearance and declaration.  There is no
situation when we would be exempt from clearance at import and still need
to file a declaration later.  We either need to file before import if a
3-177 is needed, or not file at all if it isn't.

The result of this is that if we DO file a 3-177 after import, it gets
rejected and found in violation of the clearance requirement.  If we DON'T
file at all, obviously USFWS can't reject the 3-177 but I think we are in
violation of the declaration requirement.

I would love to hear from the community whether you agree that a 3-177 is
needed for this kind of import, and whether any of you are in fact using
these exceptions to file yours post-import, something that in my experience
is or at least used to be common for museums.  And, critically: if you are
doing that successfully, exactly how does the process go?  Are you filing
in eDecs?  Is there some magical way you are filling in the fields that
tells your local inspectors that this is an import declaration but the
shipment is exempt from clearance?  Are your local inspectors interpreting
"taxonomic or systematic research" more broadly than ours, and what are you
putting on your forms that makes it clear to them that that category
applies?  Are you filing in some way that sends the form not to front-line
inspectors whose job it is to clear shipments, but to someone else?  Do
they approve your eDecs, and if they do do they mark them as "cleared" even
if the import is in the past, or is there some other category they apply?

The local office here is horrendously understaffed and overworked, with a
huge amount of commercial wildlife traffic coming through LAX and the port;
what we do is a tiny corner of what they're responsible for monitoring.
I'm not surprised that misunderstandings occur, just looking for examples
of how this is working better for other institutions with the hope of
fixing this before it gets more combative.

Thanks for any clever solutions!  I'm happy to talk more about this
one-on-one if that's helpful to anyone or if you need more details (or if
you don't want to commit your thoughts to writing).

--Trina





--
Trina E. Roberts, Ph.D.
Associate VP, Collections
Natural History Museums of Los Angeles County
213-763-3330
troberts at nhm.org
she, her, hers
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