Subpart I - Import/Export Licenses

SS 14.91 License requirement

(a) Prohibition. Except as otherwise provided in this subpart, it is unlawful after December 31, 1980, for any person to engage in business as an importer or exporter of wildlife without first having obtained a valid import/export license from the Director.
(b) Definition. As used in this subpart, the phrase "engage in business as an importer or exporter of wildlife" means for a person to devote time, attention, labor, or effort to any activity for gain or profit that involves the importation or exportation of wildlife whether or not such person is an importer or exporter within the meaning of the customs laws of the United States.
(c) Certain persons required to be licensed. The definition in paragraph (b) of this section includes, but is not limited to, persons who engage in the following activities:
(1) Persons importing or exporting wildlife for trade, sale, or resale, such as animal dealers, animal brokers, pet dealers and pet suppliers, and laboratory research suppliers;
(2) Persons importing or exporting wildlife in the form of fur for tanning, manufacture, or sale, such as fur trappers, fur dealers, fur brokers, and fur manufacturers;
(3) Persons importing or exporting wildlife in the form of hides and skins for tanning, manufacture, or sale, such as hide and skin dealers, hide and skin brokers, leather dealers, and leather brokers;
(4) Persons importing or exporting wildlife products (such as garments, bags, shoes, boots, jewelry, rugs, or curios) for sale, such as wholesalers, retailers, distributors, and brokers;
(5) Taxidermists importing or exporting wildlife in connection with the mounting, processing, or storage of trophies or specimens; and
(6) Freight forwarders.

SS 14.92 Exceptions to license requirement.

(a) Certain wildlife. Any person may engage in business as an importer or exporter of the following wildlife without procuring an import/export license:
(1) Shellfish and fishery products which do not require a permit under Part 17 of this Subchapter B and which are imported or exported for purposes of human or animal consumption;
(2) Shellfish and fishery products which do not require a permit under Part 17 of this Subchapter B and which are taken in waters under the jurisdiction of the United States or on the high seas for recreational purposes; and
(3) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and karakul or their products if the animals have been bred and born in captivity.
(b) Certain persons. The following persons may engage in business as importers or exporters of wildlife without procuring an import/export license: Provided, That such persons keep such records as will fully and correctly disclose each importation or exportation of wildlife made by them and the subsequent disposition made by them with respect to the wildlife and that subject to applicable imitations of law, duly authorized Service officers at all reasonable times shall, upon notice, be afforded access to such persons' places of business, an opportunity to examine their inventory of imported wildlife and the records required above, and an opportunity to copy such records:
(1) Common carriers'
(2) Customs house brokers;
(3) Public museums, or other public, scientific or educational institutions importing or exporting wildlife for research or educational purposes and not for resale;
(4) Federal, State, or municipal agencies;
(5) Circuses importing or exporting wildlife for exhibition purposes only and not for purchase, sale, or transfer of such wildlife.
(6) Any person if the value [as declared on the Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177)] of the wildlife that person imports and exports during a year totals less than $25,000.

[45 FR 56673, Aug. 25, 1980, as amended at 45 FR 86497, Dec. 31, 1980; 50 FR 52890, Dec. 26, 1985]

License application procedure, conditions, and duration.

(a) General. The Director may, upon receipt of an application submitted in accordance with the provisions of this subchapter and SSs 13.11 and 13.12 of this subchapter, issue a license authorizing the applicant to engage in business as an importer or exporter of wildlife.
(b) Application procedure. Applications for import/export licenses must be submitted to the appropriate Special Agent in Charge (see SS 10.22 of this subchapter). Each application must contain the general information and certification required by SS 13.12(a) of this subchapter, plus the following additional information:
(1) A brief description of the nature of the applicant's business as it relates to the importation or exportation of wildlife, e.g., "live animal dealer," "fur broker," "taxidermist," "retail department store," and "pet shop;"
(2) If the application is in the name of a business, a statement disclosing the names and addresses of all partners and principal officers;
(3) A statement of where books or records concerning wildlife imports or exports will be kept;
(4) A statement of where inventories of wildlife will be stored; and
(5) Name, address, and telephone number of the officer, manager, or other person authorized to make records or wildlife inventories available for examination by Service officials.
(c) Additional license conditions. In addition to the general conditions set forth in Part 13 of this Subchapter B, import/export licenses are subject to the following special conditions:
(1) The licensee shall, from the effective date of the license, keep such records as will fully and correctly disclose each importation or exportation of wildlife made by the licensee and the subsequent disposition made by the licensee with respect to such wildlife. The records must include a general description of the form of the wildlife, such as "live," "raw hides," or "fur garments;" the quantity of wildlife, in numbers, weight, or other appropriate measure; the common and scientific names; the country or place of origin of the wildlife, if known; the date and place of import or export; the date of the subsequent disposition of the wildlife; the manner of disposition, whether by sale, barter, consignment, loan, delivery, destruction, or other means; and the name and address of the person who received the wildlife pursuant to such disposition, if applicable;
(2) Licensees shall include and retain in their records copies of all permits required by the laws and regulations of the United States and any country of export or origin;
(3) Licensees shall maintain such books and records for a period of five years;
(4) Subject to applicable limitations of law, duly authorized Service officers at all reasonable times shall, upon notice, be afforded access to the licensee's places of business, an opportunity to examine the licensee's inventory of imported wildlife and the records required to be kept under paragraph (d)(1) of this section, and an opportunity to copy such records;
(5) Licensees shall, upon written request by the Director, submit within 60 days of such request a report containing the information required to be maintained by paragraph (d)(1) of this section; and
(6) An import/export license is only permission to engage in business as an importer or exporter of wildlife. Such a license is in addition to, and does not supersede, any other requirement established by law for the importation or exportation of wildlife.
(7) Licensees agree to pay, as a condition of the license, reasonable user fees for inspections of commercial wildlife shipments imported or exported under the authorization of the license.
(d) Duration of license. Any license issued under this section expires on the date designated on the face of the license. In no case will the license be valid for more than 1 year from the date of issuance.
(e) Issuance, denial, suspension, revocation, or renewal of license. Payment of all license and inspection fees shall be a condition of the license. It shall be grounds for suspension or revocation of any license, or for denial or renewal of a license, or of grant of a new import/export license to any person named as the holder, or a principal officer or agent of a holder, of a previous license issued pursuant to this Subpart, that any license fees or any fees owing for inspections of wildlife shipments remain unpaid at the time of application for renewal or of new application. Additional provisions governing the issuance, denial, suspension, revocation, and renewal of an import/export license are found in Part 13 of this Subchapter B.
(f) Fees. (1) The basic license fee is $125 per year.
(2) Each licensee shall pay an inspection fee of $25 per shipment for each wildlife shipment imported into or exported from the United States.
In addition, importers or exporters of wildlife will pay fees for actual costs of inspections conducted at special times or locations at the shipper's request.
(3) No fee or any portion of any license or inspection fee shall be refundable or payment of fee excused because importation or clearance of wildlife shipment is refused for any reason.

[45 FR 56673, Aug. 25, 1980, as amended at 50 FR 52890, Dec. 26, 1985]

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