FWS Updates Its Regulations Governing Global Trade in Wildlife, Plants (Part II)
The Fish and Wildlife Service has issued a final rule, effective September 24, 2007, revising and updating 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). According to a FWS news release, the final rule represents the first major update and compilation of regulations implementing CITES since 1977.
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This is Part II in a multi-part series of summaries on FWS's final rule and highlights the changes to Subpart A of 50 CFR Part 23. See ITT's Online Archives or 09/13/07 news, 07091325, for Part I and see future issues of ITT for additional summaries.
Highlights of the Final Rule's Changes to Subpart A of 50 CFR Part 23
Highlights of the final rule's changes to Subpart A of 50 CFR Part 23 are as follows (partial list):
Q&A to determine CITES applicability.The final rule adds a series of questions and answers (Q&As) to help people determine if CITES regulations apply to their intended activities with certain specimens. One of the Q&As clarifies that if a specimen intended to enter into intrastate or interstate commerce was unlawfully acquired, illegally traded, or otherwise subject to conditions set out on a CITES document that authorized import, then the CITES regulations apply.
FWS, APHIS, CBP clearance jurisdiction. The final rule adds a new table (50 CFR 23.7) that describes the import, export, and re-export clearance jurisdiction for CITES wildlife and plants among FWS, the Animal and Plant Health Inspection Service (APHIS), and U.S. Customs and Border Protection (CBP). Contact information is also listed. The table includes the following jurisdictional information (partial list):
- FWS-wildlife clearance. Among other things, FWS is listed as having jurisdiction for 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).
- APHIS-certain plant clearance. 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.
- CBP-certain plant clearance. 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.
Revised definitions. The final rule adds and expands upon a number of definitions now located under 50 CFR 23.5 as follows (partial list):
o "International Trade." The final rule defines international trade as "the import, introduction from the sea, export, or re-export across jurisdictional or international boundaries for any purpose whether commercial or noncommercial."
o "Country of origin." Country of origin is now defined as "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."
o "CITES document or CITES exemption document." The final rule states that CITES documents or exemption documents refer to any certificate, permit, or other document issued by a Management Authority of a Party or a competent authority of an authorized non-Party, etc.
FWS contact - Chief, Division of Management Authority (703) 358-2093
(See ITT's Online Archives or 06/12/06 and 05/12/06 news, 06061235 and 06051220, for the Final Part of a multi-part series of BP summaries on the proposed rule with links to the previous parts and for Part II of the same series which specifically relates to the proposed changes to Subpart A of 50 CFR Part 23, respectively.)
FWS final rule (RIN 1018-AD87, FR Pub 08/23/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-3960.pdf
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
FWS news release (dated 08/23/07) available at http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=92C15E2B-D849-3FEA-99B59C8FCFEC5CE7