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Post by mygala on Feb 9, 2012 16:57:18 GMT -8
The example of "Cerambyx cerdo from China" is a bad one as it does not exist there. Cerambyx cerdo pretty much only exists in Europe where it is protected. The only country I saw where it exists and that did not sign Bern convention is Belarus. Unless the specimen is then from Belarus it is forbidden to offer them on ebay.com as they have to follow US American legislation (where the species would then be protected trough Lacey act as mentionned above). I actually chose China because it was not part of the EU and not a range country for insect. I was trying to illustrate that the Lacey Act is dependent more on the countries involved and their laws than on the specific animal. It is not uncommon to see animals from one part of the world listed for sale in another. That was the point of my illustration, sorry if it was a bit obtuse. thanks for the explanation. as annex A of EU is considered as annex 1 of Cites, I don't see any way to sold it legally ! Most (if not all) members of the EU are signatories of CITES, and therefore enforce CITES, as well as the EU Annexes. However, there is no direct link between CITES and the Annexes. The EU annexes pertain only to trade between the member states of the EU. In that case, it is considered “domestic” trade. CITES is intended only regulate international shipping. In many cases, the EU regulations are stricter than CITES, in fact there are some major differences in how some animals are treated under each agreement. Cerambyx cerdo is a good example. Trade is strictly regulated within the EU, but it is not listed under any of the CITES Appendices, so there are no restrictions on it whatsoever. As a signatory of CITES, the US is bound only by the CITES Appendices, not the EU Annexes. However, the Lacey Act would allow USFWS to enforce the EU Annexes in the case of an illegal export from the EU to the US. So, again, it depends on where the animal is being sold from, and is it being legally possessed and sold. I'm not certain if it was ever specified where the insects were being sold/shipped from. Sorry to be so long winded.
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Post by mygala on Feb 9, 2012 0:51:36 GMT -8
may be I am wrong but I thought that the law in USA is that what is protected in a country is prohibited for import in USA. You may be thinking of the Lacey Act. This link explains it far better than I could. www.animallaw.info/articles/ovuslaceyact.htmThe Act prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported or sold. If, in the case of the original post, if the the wildlife was legally possessed, sold and exported, then it could be legally imported in to the US. The Lacey Act is only applicable if there is some underlying or predicating violation. The US does not actually enforce the laws of other countries, but the Lacey Act can essentially have that effect. That's why it's so important to acquire collecting and export permits when they are required by the exporting country. Otherwise it's an illegal export and cannot be legally imported in to the US.
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Post by mygala on Feb 9, 2012 0:08:28 GMT -8
i don't agree cerdo is in the list annex A of EU that equals annex 1 of CITES. it must be treaten then as annex 1 of CITES. It depends on the country of export and import. If it is coming from outside of the EU, and not being shipped in to the EU, then it is not treated as Appendix I of CITES. Since it is not actually listed under CITES, the US would not recognize it as an import violation unless it were illegally exported. With the EU listing, that means it would have to be illegally shipped from the EU. If it were to come in to US as a legal export from China (as an example), it would not require any documentation other than the 3-177 Declaration and any export paperwork that China might require. If it were to come from France, it would require all of the EU paperwork to be a legal export before it could be legally imported to the US. Maybe I missed it, but I didn't see if the original poster listed the countries of import and export. I was just going on the presumption of a legal export into the US.
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Post by mygala on Feb 8, 2012 16:53:16 GMT -8
Chris, that's a fantastic resource and very well executed. I'm constantly trying to keep up with international shipping rules and regulations, so I know how difficult it is to keep up with. I've bookmarked this as I'm sure I'll visit it often. Kudos to you and your associates!
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Post by mygala on Feb 8, 2012 16:10:29 GMT -8
The IUCN listing does not hold any legal ramifications to purchasing one, ...only ethical ones.
Cerambyx cerdo isn't listed under CITES or the the ESA.
So if you live in the US and are purchasing it from a a US dealer, there is no problem.
If you live in the US and are purchasing from outside the country, again there would be no problem, as long
1) It's legally possessed by the seller, and can legally be sold and exported from the country that it's currently in (make sure the country doesn't require any export permits or paperwork. )
and
2) You fulfill all the USFWS legal requirements for importing in to the US. (If it's just this one insect for your personal collection, filing a 3-177 should suffice.)
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Post by mygala on Feb 7, 2012 18:10:27 GMT -8
Many years ago, on my first trip to the Sonoran Desert just outside of Tucson AZ, I was excited to go blacklighting for scorpions.
That was the night I learned that rattlesnakes do NOT fluoresce. Luckily I escaped without injury (although I think I soiled my armor!)
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Post by mygala on Feb 7, 2012 17:52:20 GMT -8
Mygala & Chris, thank you so much for a detailed answer. May I ask you another thing. If I buy dead insects from abroad (ebay sellers and the stores outside U.S.) for my private collection do I need to fill out a custom form and how can I do it? What's your experience with such purchases - are they lost, held by Customs often? CFR50 14.61 says: "Except as otherwise provided by the regulations of this subpart, importers or their agents must file with the Service a completed Declaration for Importation or Exportation of Fish or Wildlife (Form 3–177), signed by the importer or the importer's agent, upon the importation of any wildlife at the place where Service clearance under §14.52 is requested...." The problem is, it can be hard to know exactly which port the shipment will come through if you send it by mail or some of the smaller carriers. If it's coming through one the big carriers, UPS generally imorts at it's hub in Louisville KY, and FedEx through it's hub in Memphis TN. Both of those are Designated Ports. For a personal shipment, here's what I would do.... (Of course, you need to know the particulars about your shipment: numbers, species, origins, shipper, consignee, etc) First, you would download and fill out the 3-177 Declaration from the USFWS website: www.fws.gov/le/pdffiles/3-177-1.pdfThen print up the completed 3-177. Now I would scan/email or fax a copy to the shipper to be printed and enclosed in the box with the shipment along with the invoice and bill of sale. Have them email or fax you a copy of the invoice and bill of sale. That way if it gets opened for inspection, they have all the info they need. I would also send a copy of this printed 3-177 to the nearest Port to you. I'd send it so that they have to sign for delivery. That way you have a record that you have filed it with USFWS. I would include a cover letter with all of the shipping info (tracking numbers, shipper, carrier, etc), also include the copies of the invoice and bill of sale. This will help them decide whether or not they want to look at it, and enable them to find the shipment if they do want to inspect it. If you don't know which is the closest port to you, here is a list of designated ports, as well as their addresses and phone numbers: www.fws.gov/le/ImpExp/Designated_Ports.htmA follow up phone call could smooth out any remaining issues. JMO. If you have a little more money and a little less time, you could specify that it be shipped one of the bigger shippers, like UPS, DHL or FedEx. They have international brokerage departments who will do all of this stuff for you. They charge a fee for their services, but they are pretty good at what they do.
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Post by mygala on Feb 3, 2012 21:56:55 GMT -8
Sure, here is the 2012 Fee Calculation Chart: www.fws.gov/le/pdffiles/FeeCalculationChart.pdfYou can see on it that the inspection fees for "Routine (non-living, non-protected) non commercial shipments" are $0. The $100, I would guess is for an Import/Export Permit. It's good for one year. It would allow you to import commercial shipments. The inspection fee for a commercial, non-living, non-protected shipment would be $93. There is actually a section in the CFR's (the Code of Federal Regulations) that is titled: When do I need an import/export license?It's 50CFR14.91. You can read it, and the following information here: ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=4374cfde0af72c8539fc0fcbfd0ed89b&rgn=div6&view=text&node=50:1.0.1.2.8.9&idno=50If you don't feel you need a commercial license, I'd encourage you to call up a Wildlife Inspector at the port you'll be coming through and talk it over with him/her. In 50CFR14.4, under the "definitions", it says: "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." They are used to seeing folks go overseas on buying sprees and then come back to the US with intent to sell/barter what they bought. It happens all the time with things like purses, shoes, perfume, etc. Not everyone (even some Wildlife Inspectors) is familiar with the ins and outs of this hobby. You may need to "gently" educate them on the hobby of insect collecting and thereby show how the number of insects you plan to bring in are appropriate. Or you can pay the fees, and bring in as many as you like with the legitimate intent of selling/bartering some off to defray your costs. A license would also allow you to order large numbers with the same effect.
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Post by mygala on Jan 31, 2012 20:41:33 GMT -8
Yep, you'd need to declare it.
It doesn't matter whether it's foreign or native, it only matters whether it is protected (for all the other paperwork then required) or whether is considered a "farmed" species.
Currently, I believe that crickets, mealworms, honeybees and earthworms are the only species of invertebrates that fall into the category.
Everything else (live or dead) has to be declared, ...even by scientific institutions.
Luckily, there is no cost for a 3-177 for a personal shipment. Likewise, for inspections of routine (non-live, non-protected) non-commercial shipments, there is no charge.
You'd just need to worry about the requirements of the exporting country.
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Post by mygala on Jan 26, 2012 19:40:22 GMT -8
Baronia brevicornis isn't listed under the ESA or CITES, so it should not be illegal to possess your specimen.
If you did not import it, then you didn't violate any USFWS import/export regs or Lacey.
It's listed by the IUCN, but those listings don't carry the weight of law.
Anything that happened in 1988 is probably past the statute of limitations for most federal statutes.
As for the original question, I don't believe that any of those species are listed under ESA or CITES either. Since they are domestic purchases, there should be no problem with any of them unless they come with some prior illegality attached to them.
By that, I mean that if the buyer is possessing them illegally, then selling them across state (or international) lines could be a Lacey Act violation.
But as long as the buyer legally has possession, it's not not a violation to purchase them domestically.
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Post by mygala on Jan 25, 2012 14:12:04 GMT -8
For personal shipments, there is no cost for license or inspections of dried, non-protected (CITES, ESA) insects.
The problem is that many collectors import such huge numbers that they look like (and are assumed to be) commercial quantities. The USFWS regs say that 8 or above is commercial quantities, but it's not a hard and fast rule. You could contact an inspector at the port you are shipping through and discuss it with them.
For commercial shipments, the cost of a license is $100 and the inspection fee is $93 for non-protected dried insects.
The easiest way would be to use a US expedited shipper, like UPS or FedEx. They can act as the brokers and deal with USFWS, USDA, CBP/Ag etc. for you. They can also file the declaration and take care of all the paperwork, ...but they do charge for these services.
The least expensive way would be to get several folks to go in together, and then split the costs among themselves. One of them could get the license and the shipment would go to them. That person would split it up and ship domestically to everyone else.
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Post by mygala on Dec 8, 2011 18:36:40 GMT -8
Incidentally, there were persistent rumours at Juvisy that Agrias amydon boliviensis has been added to CITES along with two other Bolivian taxa: Prepona praeneste buckleyana and Morpho godartii. I haven't seen any firm evidence of this and I don't know whether it's worldwide or just in Europe like the last lot that were added. Bob It's not just a rumor. A. a. boliviensis was added to Appendix III by Bolivia in October of 2010. Same for P. p. buckleyana. Morpho godartii was added at the same time, but only the ssp. lachaumei. Generally, once it's listed under any Appendix of CITES, then all the Parties are expected to enforce it. The rules within the EU are slightly different as I understand it, but I'm not really familiar with them. I can say that if a species is listed under CITES, then importing/exporting to/from the US requires a CITES document. You can always go >HERE< to CITES.org and check to see if any species is currently listed.
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Post by mygala on Dec 6, 2011 18:44:30 GMT -8
The paperwork would be determined by the locations (and locale laws) of the seller and the buyer. Within a country usually requires little to any paperwork. From country to country can vary greatly.
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Post by mygala on Nov 30, 2011 22:48:46 GMT -8
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Post by mygala on Nov 29, 2011 13:47:04 GMT -8
When I travel and plan to import on my return I carry a copy of relevent 50 CFR with me. CBP for the most part doesn't have a clue about the laws, and even USFWS isn't always well versed. Doing so has both save me and cause greater problems. In once case a particular USFWS manager with a ego problem went so far as to call me a "smuggler" but the good old black and white copies straightened out his attitude. However, in another instance, CBP had no idea what do to, and being the ever truthful and helpful guy I pulled out the laws and described the options they had...this turned into a temporary seizure which cost me $400. At least I can sleep at night. One of the greatest recurring problems I've encountered is freshmen USFWS inspectors having the basic, and wrong, thought that "CITES can't be imported." All it takes is to wip out the laws and show them, show them the CITES certificate, and all is good. In a few cases had I not had the laws it would have taken hours to straighten out. That's incredibly smart. There's no substitute for knowing the appropriate CFR's, especially if you are dealing with CBP when there is no USFWS around. Another tip, is to make sure that your CITES certificate is properly filled out and validated. Sometimes a simple error on the part of the exporting country can turn in to a huge problem when you get to your destination. Seen it happen, and it can ruin everyone's day.
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