US Fish & Wildlife Service Regulations Return

[Scott Miller]

The supplement to the proposed rule on 50 CFR 13-14 was just published in
the Federal Register, vol. 60, No. 56, pp. 15277-15279, March 23, 1995.
The new comment deadline is May 22, 1995, after which FWS will redraft the
rule taking into account all the comments received from this and the
previous comment solicitation.  The proposed rule allows shipment of dead,
non-listed and non-specially permitted specimens to and from "accredited"
scientific institutions and individuals (as defined in the rule).  The new
proposed rule explicitly allows use of the US mails.  It exempts
scientific specimens being imported or exported by accredited scientists
or individuals from clearance requirements.  A declaration form need not
accompany the shipment, but must be provided to FWS within 180 days, using
the "most accurate taxonomic classification reasonably practical."

Specimens of species that require a special permit under various laws
(e.g., CITES, Endangered Species Act, Marine Mammal Protection Act, etc.)
do not fall under the newly proposed exemptions for scientists and
scientific institutions.  The implications for materials that require
permits under the Lacey Act are not clear--ASC is requesting further
clarification.

The following definitions are proposed [I suspect that these could be
improved, please send suggestions to FWS]:

"Accredited scientific institutions include any public museum, public
zoological park, accredited institution of higher education, accredited
member of the American Zoological Association, accredited member of the
Association of Systematics Collections, or any State or Federal government
agency that conducts biological or medical research."

"Accredited scientist includes any individual associated with, employed
by, or under contract to and accredited by an accredited scientific
institution for the purposes of conducting biological or medical research,
and whose research activities are approved and sponsored by the scientific
institution granting accreditation."

For more information, see the Federal Register or forthcoming publications
from ASC.