50 C.F.R. Subpart I—Import/Export Licenses
Title 50 - Wildlife and Fisheries
(a) Prohibition. Except as otherwise provided in this subpart, it is unlawful for any person to engage in business as an importer or exporter of wildlife without first having obtained a valid import/export license from the Director. (b) Definition. As used in this subpart, the phrase engage in business as an importer or exporter of wildlife means for a person to devote time, attention, labor, or effort to any activity for gain or profit that involves the importation or exportation of wildlife whether or not such person is an importer or exporter within the meaning of the customs laws of the United States. (c) Certain persons required to be licensed. The definition in paragraph (b) of this section includes, but is not limited to, persons who import or export wildlife for commercial purposes: (1) For trade, sale, or resale, such as animal dealers, animal brokers, pet dealers, pet suppliers, and laboratory research suppliers; (2) In the form of fur for tanning, manufacture, or sale, such as fur trappers, dealers, brokers, and manufacturers; (3) In the form of hides and skins for tanning, manufacture, or sale, such as hide, skin, and leather dealers, brokers, manufacturers, and processors; (4) In the form of products (such as garments, bags, shoes, boots, jewelry, rugs, or curios) for sale, such as wholesalers, retailers, distributors, and brokers; (5) As taxidermists in connection with the mounting processing, or storage of trophies or specimens; (6) As freight forwarders; and (7) In the form of food products taken from populations of non-domesticated animals. [45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31871, June 21, 1996] (a) Certain wildlife. Any person may engage in business as an importer or exporter of the following wildlife without procuring an import/export license: (1) Shellfish and fishery products that do not require a permit under part 17 or 23 of this subchapter B and that are imported or exported for purposes of human or animal consumption; (2) Shellfish and fishery products that do not require a permit under part 17 or 23 of this subchapter B and that are taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes; (3) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and karakul and their products if the animals have been bred and born in captivity; (4) Live farm-raised fish and farm-raised eggs of species not requiring a permit under part 17 or 23 of this subchapter B that are being exported; (5) Live aquatic invertebrates of the Class Pelecypoda (commonly known as oysters, clams, mussels, and scallops) and the eggs, larvae, or juvenile forms thereof exported for purposes of propagation or research related to propagation; and (6) Pearls imported or exported for commercial purposes. (b) Certain persons. The following persons may engage in business as importers or exporters of wildlife without procuring an import/export license: Provided, That such persons keep such records as will fully and correctly disclose each importation or exportation of wildlife made by them and the subsequent disposition made by them with respect to the wildlife, and that subject to applicable limitations of law, duly authorized Service officers at all reasonable times shall, upon notice, be afforded access to such persons' places of business, an opportunity to examine their inventory of imported wildlife and the records required above, and an opportunity to copy such records: (1) Common carriers when engaged as transporters and not as importers or exporters of record; (2) Custom house brokers when engaged as agents and not as importers or exporters of record; (3) Public museums, or other public, scientific or educational institutions, importing or exporting wildlife for research or educational purposes and not for resale; (4) Federal, State, or municipal agencies; and (5) Circuses importing or exporting wildlife for exhibition purposes only and not for purchase, sale, barter, or transfer of such wildlife. [45 FR 56673, Aug. 25, 1980, as amended at 45 FR 86497, Dec. 31, 1980; 50 FR 52890, Dec. 26, 1985; 61 FR 31871, June 21, 1996] (a) General. The Director may, upon receipt of an application submitted in accordance with the provisions of this section and §§13.11 and 13.12 of this subchapter, issue a license authorizing the applicant to engage in business as an importer or exporter of wildlife. (b) Application procedure. Applications for import/export licenses must be submitted to the appropriate Special Agent in Charge (see §10.22 of this subchapter). Each application must contain the general information and certification required by §13.12(a) of this subchapter, plus the following additional information: (1) A brief description of the nature of the applicant's business as it relates to the importation or exportation of wildlife, e.g., “live animal dealer,” “fur broker,” “taxidermist,” “retail department store,” and “pet shop;” (2) If the application is in the name of a business, a statement disclosing the names and addresses of all partners and principal officers; (3) A statement of where books or records concerning wildlife imports or exports will be kept; (4) A statement of where inventories of wildlife will be stored; and (5) Name, address, and telephone number of the officer, manager, or other person authorized to make records or wildlife inventories available for examination by Service officials. (c) Additional license conditions. In addition to the general conditions set forth in part 13 of this subchapter B, import/export licenses are subject to the following special conditions: (1) The licensee shall, from the effective date of the license, keep such records as will fully and correctly disclose each importation or exportation of wildlife made by the licensee and the subsequent disposition made by the licensee with respect to such wildlife. The records must include a general description of the form of the wildlife, such as “live,” “raw hides,” or “fur garments;” the quantity of wildlife, in numbers, weight, or other appropriate measure; the common and scientific names; the country or place of origin of the wildlife, if known; the date and place of import or export; the date of the subsequent disposition of the wildlife; the manner of disposition, whether by sale, barter, consignment, loan, delivery, destruction, or other means; and the name and address of the person who received the wildlife pursuant to such disposition, if applicable; (2) Licensees shall include and retain in their records copies of all permits required by the laws and regulations of the United States and any country of export or origin; (3) Licensees shall maintain such books and records for a period of five years; (4) Subject to applicable limitations of law, licensees must provide duly authorized Service officers at all reasonable times, upon notice, access to the licensee's places of business and give an opportunity to examine the licensee's inventory of imported wildlife and the records required to be kept under paragraph (c)(1) of this section, and give an opportunity to copy such records; (5) Licensees must, upon written request by the Director, submit within 30 days of such request a report containing the information required to be maintained by paragraph (c)(1) of this section. (6) An import/export license is only permission to engage in business as an importer or exporter of wildlife. Such a license is in addition to, and does not supersede, any other requirement established by law for the importation or exportation of wildlife. (7) Licensees agree to pay, as a condition of the license, reasonable user fees for inspections of commercial wildlife shipments imported or exported under the authorization of the license. (d) Duration of license. Any license issued under this section expires on the date designated on the face of the license. In no case will the license be valid for more than 1 year from the date of issuance. (e) Issuance, denial, suspension, revocation, or renewal of license. Payment of all license and inspection fees shall be a condition of the license. It shall be grounds for suspension or revocation of any license, or for denial or renewal of a license, or of grant of a new import/export license to any person named as the holder, or a principal officer or agent of a holder, of a previous license issued pursuant to this subpart, that any license fees or any fees owing for inspections of wildlife shipments remain unpaid at the time of application for renewal or of new application. Additional provisions governing the issuance, denial, suspension, revocation, and renewal of an import/export license are found in part 13 of this subchapter B. [45 FR 56673, Aug. 25, 1980, as amended at 50 FR 52890, Dec. 26, 1985; 61 FR 31871, June 21, 1996] (a) License and inspection fees. We will impose a yearly fee for a license pursuant to §14.93. In addition, you must pay an inspection fee for each wildlife shipment imported into or exported from the United States at a designated port. If you import into or export from the United States wildlife shipments meeting the criteria outlined in paragraph (e) of this section, you are exempt from the designated port inspection fee, or nondesignated port administrative fee and hourly minimums, whichever apply. However, you must pay applicable overtime fees and permit fees. (b) Designated port overtime fees. The Service may charge importers or exporters of wildlife, regardless of being licensed as a commercial importer or exporter, a fee for overtime for inspections that begin before normal working hours, that extend beyond normal working hours, or are on a holiday, Saturday, or Sunday if the importer/exporter requested that the inspection be performed outside normal work hours. Overtime fees consist of an increased hourly rate equal to 1 (1) Inspection overtime commences when a Service officer departs that officer's residence or official duty station enroute to the inspection site or at the end of normal work hours. Inspection overtime terminates when the officer returns to the point of departure or official duty station or when the inspection is completed, whichever occurs later. (2) For an inspection at a designated port beginning less than 1 hour before normal work hours, the Service will charge 1 hour of time, at an hourly rate of 1 (3) The Service will charge any inspection time in excess of the 2-hour minimum in quarter hour increments at the same hourly rate as the first 2 hours. The Service will round up inspection time of 10 minutes or more to the next quarter hour and will disregard any time less than 10 minutes. (4) The fee schedule will apply to all inspections regardless of importer/exporter of record, except, that the Service will charge multiple shipments consigned to the same importer/exporter and inspected at one location one 2-hour minimum or actual time, whichever is greater. (c) Nondesignated port fees. The Service will charge permittees issued permits under subpart C of this part, and licensed commercial importers and exporters a fee for inspections at nondesignated ports. The fees consist of a flat administrative fee plus a minimum of two hours of time at staffed nondesignated ports. The Service will use the following parameters when calculating fees: (1) During normal working hours the Service will charge permittees issued permits under subpart C of this part, regardless of being licensed as a commercial importer or exporter, an administrative fee plus a minimum of 2 hours of time at the average hourly rate of a journeyman level wildlife inspector. The Service will charge permittees requesting clearance outside normal working hours, including Saturday and Sunday, an administrative fee plus a minimum of 2 hours of time at 1 (2) The Service will charge any inspection time in excess of the 2-hour minimum in quarter hour increments at the same hourly rate as the first 2 hours. The Service will round up inspection time of 10 minutes or more to the next quarter hour and will disregard any time less than 10 minutes. (3) The Service will not charge importers or exporters who are not required to have a permit under subpart C of this part, except that the Service will charge licensed importers or exporters an administrative fee only during normal working hours, and overtime hourly rates and minimums will apply outside normal working hours. (4) For inspections performed under a permit issued under subpart C of this part at nondesignated ports with no permanent Service law enforcement staff, the Service will charge all costs associated with inspection and clearance, including, salary, travel and transportation costs, and per diem. (d) Schedule. (1) The Service will not refund any fee or any portion of any license or inspection fee or excuse payment of any fee because importation or clearance of wildlife shipment is refused for any reason. (2) [Reserved] (e) Your wildlife shipments meeting all of the following criteria are exempt from the designated port inspection fee or nondesignated port administrative fee and hourly minimums: (1) The wildlife you are shipping does not require permits under parts 16, 17, 18, 21, 22, or 23 of this subchapter; (2) You are importing or exporting wildlife between the United States and Canada or Mexico; (3) The wildlife you are shipping consists of raw fur, raw, salted, or crusted hides or skins, or separate parts thereof, lawfully taken from the wild in the United States, Canada, or Mexico; (4) You, as the importer or exporter of record, or a member of your immediate family (your spouse, parents, siblings, and children), took the wildlife from the wild; (5) You are licensed in accordance with §14.91; (6) You have not previously bought or sold the wildlife or any part thereof being shipped; (7) Your shipment does not exceed 100 raw furs, raw, salted, or crusted hides or skins, or separate parts thereof; (8) Your shipment does not contain any manufactured products or live animals. (9) You certify that your shipment meets the criteria in this paragraph. [61 FR 31871, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]
Title 50: Wildlife and Fisheries
PART 14—IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
Subpart I—Import/Export Licenses
§ 14.91 License requirement.
§ 14.92 Exceptions to license requirement.
§ 14.93 License application procedure, conditions, and duration.
§ 14.94 What fees apply to me?
------------------------------------------------------------------------ ------------------------------------------------------------------------ General Fees------------------------------------------------------------------------Import/Export license fee........ $50 per year.Inspection fee................... $55 per shipment.------------------------------------------------------------------------ Inspection Fee Schedule------------------------------------------------------------------------Designated ports: Licensees: Inspections during normal $55 Inspection fee. work hours.Inspections beginning less than 1 $55 Inspection fee plus $30. hour before normal work hours.Inspections beginning more than 1 $55 Inspection fee plus 2 hour hour before normal work hours. minimum at $30/hr.Inspections after normal work $55 Inspection fee plus 2 hour hours (including Saturdays and minimum at $30/hr. Sundays).Inspections on federal holidays.. $55 Inspection fee plus 2 hour minimum at $40/hr.Designated ports: Nonlicensees: Inspection during normal work No charge. hours. Inspections beginning outside 2 hour minimum at $30/hr. normal work hours.Staffed nondesignated ports: Subpart C permit holders, regardless of license status: Inspections during normal $55 Administrative fee plus 2 hour work hours. minimum at $20/hr. Inspections beginning outside $55 Administrative fee plus 2 hour normal work hours (including minimum at $30/hr. Saturdays and Sundays). Inspections on federal $55 Administrative fee plus 2 hour holidays. minimum at $40/hr. Nonstaffed nondesignated $55 Administrative fee plus all costs ports:. associated with inspection and clearance.Staffed nondesignated ports: No subpart C permit required (Border/Special Ports): Import/export license holders $55 Administrative fee. All others................... No charge.------------------------------------------------------------------------
