FWS' Proposed Rule for Major Update of Regulations Governing Global Trade in Wildlife, Plants (Part II)
The Fish and Wildlife Service (FWS) has issued a proposed rule to revise and update its regulations in 50 CFR Parts 10, 13, 17, and 23 that implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
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This is Part II of a multi-part series of BP summaries on this FWS proposed rule, and highlights proposed changes to Subpart A of 50 CFR Part 23. (See ITT's Online Archives or 05/05/06 news, 06050525, for Part I of BP summaries on FWS' proposed rule. See future issues of ITT for additional summaries of the proposed rule.)
Highlights of Proposed Changes to Subpart A of 50 CFR Part 23
FWS' proposed changes to Subpart A of 50 CFR Part 23 are highlighted below (partial list):
Q&A to help determine if CITES regulations apply to proposed activities, etc. FWS proposes to add a series of questions and answers (Q&A) to help people determine if CITES regulations apply to their proposed activities. FWS also proposes to clarify that intrastate or interstate movement of specimens traded contrary to CITES involves possession of unlawfully traded specimens and would, therefore, be prohibited.
FWS, CBP, APHIS CITES clearance jurisdiction, contact information. FWS also proposes to add a table that describes the import clearance jurisdiction for CITES wildlife and plants among FWS, U.S. Customs and Border Protection (CBP) and the Animal and Plant Health Inspection Service (APHIS). Contact information is also listed. The proposed table includes the following jurisdictional information (partial list):
Wildlife import/export/re-export clearance-FWS. Among other things, FWS is listed as having jurisdiction for wildlife clearance procedures, the inspection and clearance of wildlife shipments involving import, introduction from the sea, export, and re-export, and filing a Declaration of Importation or Exportation of Fish or Wildlife (Form 3-177), etc.
Plant import/export/re-export clearance-APHIS. APHIS is listed as having jurisdiction for the inspection and clearance of plant shipments involving: (a) import and introduction from the sea of living plants, and (b) export and re-export of living and non-living plants, etc.
Plant import clearance-CBP. CBP is listed as having jurisdiction for the inspection and clearance of plants shipments involving: (i) import and introduction from the sea of nonliving plants, and (ii) import of living plants from Canada at designated border ports (as there are no APHIS officials at such border ports), etc.
Definition of "trade" would include commercial and noncommercial transactions. FWS proposes to define "trade'' to include both commercial and noncommercial transactions. FWS believes that a broad definition of "trade'' and the flexibility recognized by CITES and FWS' proposed regulations provide consistency, assist in enforcement, and offer a system that promotes species conservation.
Definition of "country of origin." FWS proposes to add or expand upon a number of definitions to 50 CFR 23.5. Among the definitions, FWS proposes to define the term "country of origin" for CITES purposes to include plants. The proposed definition reads, "Country of origin means the country where the wildlife or plant was taken from the wild or was born or propagated in a controlled environment, except in the case of a plant specimen that qualified for an exemption under the provisions of CITES, the country of origin is the country in which the specimen ceased to qualify for the exemption."
Definition of CITES document and permit. FWS proposes to define the term "CITES documents'' to refer to all permits and certificates that are issued by a Management Authority. FWS also proposes to expand the definition of "permit'' in proposed 50 CFR 23.5 to include documents issued by any Management Authority, not just documents "issued by the FWS."
-written comments due by June 19, 2006
FWS Contact - Peter Thomas (703) 358-2093
FWS Proposed Rule (FR Pub 04/19/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-3444.pdf
FWS Corrections on Proposed Rule (FR Pub 05/02/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/C6-3444.pdf