U.S. FISH & WILDLIFE SERVICE WILDLIFE INSPECTION PROGRAM CHICAGO BROKERS AND FORWARDERS ASSOCIATION FWS SEMINAR MARCH 29, 2018
U.S. Fish & Wildlife Service Mission The Mission of the U.S. Fish & Wildlife Service is working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people.
LAW ENFORCEMENT The Division of Law Enforcement contributes to Service efforts to manage ecosystems, save endangered species, conserve migratory birds, preserve wildlife habitat, restore fisheries, combat invasive species, and promote international wildlife conservation.
LAWS Endangered Species Act Lacey Act (wildlife only) Migratory Bird Treaty Act African Elephant Conservation Act Wild Bird Conservation Act Rhino Tiger Labeling Act Marine Mammal Protection Act
STATUTES & REGULATIONS
LAW & REG SEARCH WWW.FWS.GOV/LE
AUTHORITY & JURISDICTION Endangered Species Act 16 USC 1540(e)(3) Any person authorized by the Secretary, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is operating, to enforce this chapter may detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation or exportation.such person so authorized may search and seize, with or without a warrant, as authorized by law. Lacey Act- 16 USC 3375(b) Any person so authorized, in coordination with the Secretary of the Treasury, may detain for inspection and inspect any vessel, vehicle, aircraft, or other conveyance or any package, crate, or other container, including its contents, upon the arrival of such conveyance or container in the United States or the customs waters of the United States. Such person may also inspect and demand the production of any documents and permits required by the country of natal origin, birth, or reexport of the fish or wildlife.
WHAT IS WILDLIFE? All fish and wildlife must be declared upon import or export FISH AND WILDLIFE means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and including any part, product, egg, or offspring thereof.
WILDLIFE VS. DOMESTICATED Just because an animal is captive bred does not make it domesticated. The USFWS only considers a handful of species domesticated see below
WHAT DOES IT MEAN WHEN AN ANIMAL IS PROTECTED Is the animal listed as Endangered or Threatened? Is the animal a Marine Mammal? Is the animal a Migratory Bird? Is the animal protected by the country of export Is the animal listed under CITES? Wait what is CITES?
CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between Governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.
The species covered by CITES are listed in three appendices, according to the degree of protection they need. Appendix I includes species threatened with extinction. Trade in specimens of these species is permitted only in exceptional circumstances. A US Import Permit and foreign Export or Re-export Permit is required. Appendix II includes species not necessarily threatened with extinction, but in which trade must be controlled in order to avoid utilization incompatible with their survival. A foreign Export or Re-export Permit is required. Appendix III contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling the trade. A foreign Certificate of Origin with all required information or CITES Export or Re-export Permit is required. An In-Transit shipment of CITES wildlife does not mean it is automatically exempt from US regulations. USFWS import/export is different than CBP.
CITES works by subjecting international trade in specimens of selected species to certain controls. These require that all imports, exports, re-exports, and introductions from the sea of species covered by the Convention have to be authorized through a permitting system.
CITES References CITES Website: http://www.cites.org www.speciesplus.net
ESA Reference Endangered Species Search www.fws.gov/endangered
EXAMPLES: CITES SHIPMENTS CITES Appendix I Sport-hunted trophy leopard. No commercial imports allowed. CITES Appendix II Python leather handbags; Black coral (Antipatharia) jewelry; Alligator leather shoes. CITES Appendix III Siberian Weasel hair brushes; Peacock feather products
EXAMPLES: ESA SHIPMENTS African elephant trophy imports needs Threatened Species Import Permit. Marco polo sheep trophy imports needs Threatened Species Import Permit. African lion trophy imports needs Threatened Species Import Permit.
IMPORT PERMITS READ ALL THE CONDITIONS!!!!!! The permit may require you submit a copy of the hunting license, utilization reports, or other similar documents By making sure that you have submitted everything required under the conditions of the permit you avoid costly delays in clearance of your shipment.
CITES ROSEWOOD SHIPMENTS Comm. shipments w/non-cites wildlife & rosewood Only declare the wildlife on the USFWS declaration Fee is for wildlife only ($93 base inspection fee) For imports submit original CITES to USFWS, can be cleared at any USFWS Designated Port. For exports submit original CITES to USFWS Designated Port for validation.
CITES ROSEWOOD SHIPMENTS Commercial shipments with CITES wildlife Only declare the wildlife on the USFWS declaration Fee is wildlife only ($93 base + $93 premium) For imports submit original CITES to USFWS, can be cleared at any USFWS Designated Port. For exports submit original CITES to USFWS Designated Port for validation.
CITES ROSEWOOD SHIPMENTS Shipments with only rosewood and no wildlife Contact USDA - USFWS cannot clear these shipments! Shipment must be cleared by CBP Agriculture (USDA) at a CITES wood port.
IMPORT/EXPORT LICENSES Commercial means related to the offering for sale or resale, purchase, trade, barter, or the actual or intended transfer in the pursuit of gain or profit, of any item of wildlife and includes the use of any wildlife article as an exhibit for the purpose of soliciting sales, without regard to quantity or weight. There is a presumption that eight or more similar unused items are for commercial use. The Service or the importer/exporter/owner may rebut this presumption based upon the particular facts and circumstances of each case.
APPLYING FOR A LICENSE elicense System allows for faster processing of new licenses and renewals of licenses www.fws.gov/elicense
TYPES OF PORTS DESIGNATED PORTS can clear any wildlife shipment without the need of a DPE permit. SPECIAL/BORDER or NON-DESIGNATED PORTS must have a specific permit (Designated Port Exemption DPE Permit) to clear shipments at these ports. Only exemption is Border Ports for nonprotected wildlife of US, Mexican, or Canadian origin (see 50 CFR 14.16)
Seattle, WA Blaine, WA Great Falls/ Sweetgrass, MT Wildlife Inspection Offices Pembina, ND Calais, ME Portland, OR Dunseith, ND Port Huron, MI Champlain, NY Buffalo, NY Boston, MA Chicago, IL Detroit, MI Baltimore, MD New York, NY & Newark, NJ San Francisco, CA Los Angeles, CA San Diego, CA Nogales, AZ Denver, CO Dallas/Ft. Worth, TX Dulles, VA Louisville, KY Memphis, TN Atlanta, GA El Paso, TX Guam Laredo, TX Tampa, FL New Orleans, LA Houston, TX Miami, FL Brownsville, TX Honolulu, HI Anchorage, AK San Juan, PR
DESIGNATED PORTS OF ENTRY Anchorage (907) 271-6198 Atlanta (404) 763-7959 Baltimore (410) 634-9590 Boston (617) 889-6616 Chicago (847) 298-3250 Dallas/Ft. Worth (972) 574-3254 Honolulu (808) 861-8525 Houston (281) 230-7225 Los Angeles (310) 328-6307 Louisville (502) 582-5989 Memphis (901) 544-3694 Miami (305) 526-2994 New Orleans (504) 219-8870 New York (516) 825-3950 Newark (908) 787-1321 Portland (503) 231-6135 San Francisco (650) 876-9078 Seattle (206) 241-0191
BORDER & SPECIAL PORTS Blaine, WA (360) 332-5388 Boston, MA (617) 889-6616 Brownsville, TX (956) 504-2035 Buffalo, NY (716) 691-3635 Calais, ME (207) 454-1706 Champlain, NY (518) 298-4825 Denver, CO (303) 342-7430 Detroit, MI (734) 247-6800 Dulles, VA (703) 661-8560 Dunseith, ND (701) 263-4462 El Paso, TX (915) 730-7031 Guam (671) 647-6064 Laredo, TX (956) 726-2234 Minneapolis, MN (612) 726-6302 Nogales, AZ (520) 287-4625 Pembina, ND (701) 825-6366 Port Huron, MI (810) 985-9160 Puerto Rico, PR (787) 749-4338 San Diego, CA (619) 557-5794 Sweetgrass, MT (406) 335-4350 Tampa, FL (727) 570-5450
APPLYING FOR DPE To apply for a Designated Port Exception Permit you must submit application #3-200-2. If you are located in: Alabama, Arkansas, Connecticut, District of Columbia, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, U.S. Virgin Islands, Vermont, Virginia, West Virginia, Wisconsin Mail applications to: U.S. Fish & Wildlife Service Office of Law Enforcement 1875 Century Blvd., Suite 380 Atlanta, GA 30345-3324 Phone: (404) 679-7195 Fax: (404) 679-7065 Email: permitseastle@fws.gov
Applying for DPE If you are located in: Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, the Pacific Trust Territories Mail applications to: U.S. Fish & Wildlife Service Office of Law Enforcement 2800 Cottage Way, W-2928 Sacramento, CA 95825-1846 Phone: (916) 414-6660 Fax: (916) 414-6715 Email: permitswestle@fws.gov
DECLARATION & CLEARANCE PROCESS Complete the Declaration for Importation or Exportation of Fish or Wildlife. Submit an Electronic Declaration (edec), also known as Form 3-177, via our edecs website.
DECLARATION & CLEARANCE PROCESS Submit the following: all original wildlife permits (CITES, ESA Import, foreign export, etc ), all invoices and/or packing slips, copies of veterinary certificates, the bill of lading, CBP Form 3461 (or ACE Equivalent Document), and applicable fees. Documents can be scanned and uploaded into your edec. (However, original Permits must be submitted to our office before the shipment will be cleared. Send all documents to our office attached to your Declaration.
DECLARATION & CLEARANCE PROCESS Make the wildlife available for inspection. All inspections are done at time of import or export at a Customs Bonded Facility for import or at the carrier or freight forwarders warehouse for exports. Before we will clear a shipment it MUST be physically located in the Port of Chicago.
FWS CLEARANCE For imports you must obtain FWS clearance prior to Customs clearance. For exports you must submit documents and make freight available 48 hours prior to export [50 CFR 14.52(a)] ACE Entries DO NOT transmit/certify entries until FWS clearance has been obtained.
REJECTIONS
HOW TO AVOID REJECTIONS DATE OF IMPORT The FWS defines the date of import as the date the shipment lands on US soil. If you have an ocean shipment this is the date the cargo was discharged from the vessel.
HOW TO AVOID REJECTIONS INVOICES Must indicate what items are wildlife and include the genus and species of the wildlife.
HOW TO AVOID REJECTIONS PERMITS Includes Import/Export License, CITES, ESA, Migratory Bird, Marine Mammal, Foreign Export permits, etc these are NOT transferrable. Permits must list the Importer and Exporter name and address correctly. Please remember the shipper (the person who is listed on the air waybill/bill of lading and invoices) is the Exporter therefore, their name should appear on the permit(s).
HOW TO AVOID REJECTIONS Make sure you submit ALL required documents Invoices/packing list Any and all permits if there is an original WE get that it s ours even if you have uploaded copies of everything you MUST send us that original permit. No ORIGINAL permit No CLEARANCE!!!!! Bill of lading includes master air waybill, house air waybill, ocean bill of lading, trucking bill Customs Document ACE screen print-out, old school 3461, Entry Summary Form 7501
PROBLEM SHIPMENTS What if.? I do not have a CITES permit for a shipment containing CITES wildlife. The shipment accidently cleared CBP before FWS. The CITES permit I have is not validated. The shipment was delivered to importer before FWS clearance. I have a commercial shipment of wildlife but the importer does not have a license.
ANSWER TO PROBLEM SHIPMENTS CALL US!!!!
QUESTIONS?