FWS Says Airlines & Cruise Ships May Face CITES Import/Export Rules for Caviar
The Fish and Wildlife Service states that international airlines and cruise lines planning to provide caviar to their passengers in any form may want to review the new FWS factsheet titled “Caviar & Passengers: Information for Airlines and Cruise Lines” regarding import and export restrictions on caviar.
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According to the factsheet, unless the caviar is served to passengers or is an intransit shipment as specified below, the general requirements for importing and exporting caviar apply.
Caviar Sales by Airlines & Cruise Ships Considered Imports/Exports Requiring CITES Permits, Etc.
FWS explains that caviar and caviar products that airlines and cruise lines load onboard to sell to passengers are subject to the general requirements for importing and exporting caviar which include:
- Obtaining a CITES permit before the import, export, or re-export occurs;
- Holding a valid wildlife import/export license issued by FWS;
- Declaring the caviar to the FWS;
- Obtaining FWS clearance;
- Paying appropriate inspection fees; and
- Using a FWS “designated port” or get a permit from FWS to arrive or leave at another location.
Imports and Exports from FTZs and Other Duty Free Areas Also Subject to CITES
FWS adds that unlike U.S. Customs and Border Protection, FWS also considers shipments entering or leaving foreign trade zones or other duty-free area to be imports or exports. Therefore, caviar offloaded into a free trade zone or other duty-free area is also subject to the general CITES and FWS import/export requirements.
Intransit Shipments & Serving Passengers Caviar Are Exempt, If Conditions Met
There are two circumstances in which caviar loaded onboard a plane or cruise ship is exempt from the general requirements for importing and exporting caviar:
Foreign intransit shipments - Caviar on a plane or cruise ship that arrives in the U.S. as a “foreign intransit shipment” is exempt as long as it: (i) is loaded in a foreign country; (ii) does not exceed 125 grams per passenger to be served (as this is the personal use exemption for caviar); (iii) remains on the plane or ship while that conveyance is in the U.S.; (iv) will be served to passengers before the plane or ship arrives at its next foreign destination; (v) the species involved is not listed as endangered or threatened under the U.S. Endangered Species Act (ESA) (e.g. beluga sturgeon caviar would not qualify as it is listed as threatened under the ESA); (vi) has been legally acquired.
Served on route, less than125 g - Caviar that is served to the passengers to eat en route to the plane or ship’s next international destination is exempt as long as: (i) the amount onboard does not exceed 125 grams per passenger intended to be served; (ii) the caviar is consumed before arrival in the next country; (iii) the species involved is not listed as endangered or threatened under the ESA; and (iv) the caviar has been legally acquired.
Factsheet, dated 01/11/11, available here.