Return to Table of Contents for 50 CFR 14.
Subject to applicable limitations of the law, Service officers and Customs officers may detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation or exportation. The Director may charge reasonable fees, including salary, overtime, transportation and per diem of Service officers, for wildlife import or export inspections specially requested by the importer or exporter at times other than regular work hours or locations other than usual for such inspections at the port.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 FR 52889, Dec. 26, 1985]
(a) Except as otherwise provided by this subpart, all wildlife imported into the United States must be cleared by a Service officer prior to release from detention by Customs officers. Such clearance does not constitute a certification of the legality of an importation under the laws or regulations of the United States.
(b) Clearance by a Service officer may be obtained only at designated ports (SS 14.12), at border ports (SS 14.16), at special ports (SS 14.19), or at a port where importation is authorized by a permit issued under Subpart C of this part. Any wildlife released without a Service officer's clearance or clearance by Customs for the Service under authority of SS 14.54 must be returned forthwith to a port where clearance may be obtained pursuant to this subpart.
(c) To obtain clearance, the importer, or the importer's agent, shall make available to a Service officer or Customs officers acting under SS 14.54:
(1) All shipping documents (including bills of lading, waybills and packing lists or invoices);
(2) All permits, licenses or other documents required by the laws or regulations of the United States;
(3) All permits or other documents required by the laws or regulations of any foreign country; and
(4) The wildlife being imported.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 FR 52889, Dec. 26, 1985]
Any Service officer, or Customs officers acting SS 14.54, may refuse clearance of imported wildlife when there are reasonable grounds to believe that:
(a) A Federal law or regulation has been violated;
(b) The correct identity of the wildlife has not been established (in such cases, the burden is upon the owner, importer, or consignee to establish such identity);
(c) Any permit, license or other documentation required for clearance of such wildlife is not available, is not currently valid or has been suspended or notice of revocation made; or, is not authentic; or
(d) the importer, or the importer's agent, has filed an incorrect or incomplete declaration for importation as provided in SS 14.61; or
(3) Any fee or portion of balance due for inspection fees required by SS 14.93 has not been paid.
[45 FR 56673, Aug. 25, 1980, as amended at 50 FR 52889, Dec. 26, 1985]
(a) Designated ports. All wildlife arriving at a designated port must be cleared by a Service officer before Customs clearance and release. However, if a Service officer is not available within a reasonable time, live wildlife may be cleared by Customs officers, subject to post-clearance inspection and investigation by the Service.
(b) Border and special ports. Wildlife lawfully imported at Canadian or Mexican border ports under SS 14.16, or into Alaska, Puerto Rico, or the Virgin Islands, under SS 14.19, may, if a Service officer is not available within a reasonable time, be cleared by Customs officers, subject to post-clearance inspection and investigation by the Service.
(c) Permit imports. Wildlife imported at a nondesignated port in accordance with the terms of a valid permit issued under Subpart C of this part, may, if a Service officer is not available within a reasonable time, be cleared by Customs officers, subject to post-clearance inspection and investigation by the Service.
(d) Personal baggage and household effects. Wildlife lawfully imported at any port of entry under SS 14.15, may, if a Service officer is not available within a reasonable time, be cleared by Customs officers, subject to post-clearance inspection and investigation by the Service.
Except for wildlife requiring a permit pursuant to Part 17 of this Subchapter B, clearance is not required for the importation of the following wildlife:
(a) Shellfish and fishery products imported for purposes of human or animal consumption or taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes;
(b) marine mammals lawfully taken on the high seas by United States residents and imported directly into the United States; and
(c) Certain antique articles as specified in SS 14.22 which have been released from custody by Customs officers under 19 U.S.C. 1499.
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