Basic information
Outline of the system
On 25 August 1980, the Fish and Wildlife Service (the Service) published final rules revising 50 CFR Part 14 (Importation, Exportation, and Transportation of Wildlife) to implement provisions of a number of wildlife laws enforced by the Service. Subsequent updates were made in 1985, 1987, 1994, 1996, 1998, 1999, 2002, 2004, 2007, 2008, 2009, 2012 and 2019. As part of that rulemaking and under authority of the Endangered Species Act of 1973 (ESA), an import/export license is required for any person who engages in business as an importer or exporter of fish or wildlife unless that person imports or exports certain excepted wildlife or falls within one of the categories of persons excepted from the requirement by the rules. The licensing provision was promulgated under section 9(d) of the ESA [16 U.S.C. 1538(d)] which provides that it is illegal for any person to engage in business as an importer or exporter of fish or wildlife (other than certain shellfish or fishery products) without first having obtained permission from the Secretary of the Interior.
The license requirements are found at 50 CFR 14.91-93. Presently, applicants must comply with the following, in addition to the general permit requirements found in 50 CFR part 13, all applicable requirements of 50 CFR part 14 and subchapter B of chapter 1 of Title 50, and any specific conditions or authorizations described on the face of, or on an annex to, the import/export license:
(1) obtain an import/export license for US$ 100 per year;
(2) pay inspection fees that vary depending on whether the commodity involves live and/or protected wildlife, prior to the inspection;
(3) at the importer's or exporter's request, pay fees for actual costs of inspections conducted at special times or location;
(4) keep certain records and retain them for five years;
(5) allow Service inspection of records and inventories of imported wildlife or wildlife to be exported; and
(6) file any reports requested by the Service.
Licensees who exclusively import or export shipments that do not contain live or protected wildlife, contain 25 or fewer wildlife products, and contain a value of $5,000 or less of wildlife products are exempted from the designated port base inspection fee, if enrolled in the Service Low Risk Fee Exemption Program.
Exceptions to the license requirement are found at 50 CFR 14.92. Certain persons exempted from the license requirement by 50 CFR 14.92(b) must still comply with the requirements of section 9(d) of the ESA, which are to:
(1) keep records which fully and correctly disclose each importation or exportation of wildlife by them;
(2) keep records which fully and correctly disclose the subsequent disposition by them of the imported or exported wildlife; and
(3) allow Service inspection of records and inventories of imported wildlife or wildlife to be exported.
Product coverage
The licensing system covers all "wildlife" regulated by the Service, which by regulation means the same as "fish or wildlife", which is defined by 50 CFR 10.12 as follows:
the term "fish or wildlife" means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusc, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and including any part, product, egg, or offspring thereof.
Nature of licensing
Automatic
If Automatic, administrative purpose
Not applicable.
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Import/export licenses are valid for one year. Import/export licensees must renew their import/export license each year.
Products under restriction as to the quantity or value of imports
The licensing system is not intended to restrict the quantity or value of imports. The purposes of the license requirement are to: comply with the Endangered Species Act, identify commercial importers and exporters of wildlife, require records which fully and correctly disclose each importation or exportation of wildlife and the subsequent disposition of the wildlife by the importer or exporter, allow the Service to inspect records required to be kept and inventories of imported wildlife or wildlife to be exported, remove repeat wildlife law violators from commercial wildlife trade, improve communications between the Service and commercial wildlife importers and exporters, and assist the Service in its effort to conserve endangered and threatened species and identify species which may be threatened or endangered.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The licensing system applies to any person who "engages in business as an importer or exporter of wildlife".
Persons excepted from the license requirement by 50 CFR 14.91(c) and 14.92(b) include:
(1) common carriers, when engaged as transporters, not as an importer or exporter;
(2) customs house brokers or freight forwarders when engaged as transporters or agents, not as an importer or exporter;
(3) public museums, or other public, scientific, or educational institutions, importing or exporting wildlife for non-commercial research or educational purposes; and
(4) Federal, State, tribal, or municipal agencies.
Expected duration of licensing procedure
Import/export license requirements are codified in the Code of Federal Regulations and no changes are anticipated at this time.
Legal requirements
Is the licensing statutorily required?
Section 9(d) of the Endangered Species Act of 1973 [16 U.S.C. 1538(d)] makes it unlawful "for any person to engage in business as an importer or exporter of fish or wildlife...without first having obtained permission from the Secretary [of the Interior]". By regulation the term "permission" was treated as a grant of authority to require a license.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Exceptions to the license requirement can be created by regulation. Further, the coverage of the license can be broadened or narrowed by changing the definition of either "fish or wildlife" or the phrase "engage in business as an importer or exporter of fish or wildlife".
Is it possible for the government to abolish the system without legislative approval?
The system cannot be abolished without legislation.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms, and institutions under the jurisdiction of the United States are eligible to apply for a license (unless they have failed to meet issuance criteria as established in 50 CFR part 13).
Is there a registration fee?
Is there a published list of authorized importers?
The Privacy Act prohibits published lists of importers or exporters.
Contact point for information on eligibility
Ministry/Authority
US Fish and Wildlife Service, Department of Interior
Address
1849 C St NW, Washington, DC 20240
Telephone
202-208-6541
Fax
Not applicable.
E-mail address
Not applicable.
Contact officer
ObtainPermit.html
Submission of an application
Administrative body(ies) for submission of an application
US Fish and Wildlife Service, Department of Interior
Documentation requirements
What information is required in applications?
The following information is required:
(1) applicant's name, mailing address, and phone number, including the U.S. address for foreign applicants;
(2) if the applicant is an individual, the applicant’s date of birth, social security number, occupation, and business or institutional affiliation, if any, having to do with the wildlife to be covered by the license;
(3) if the applicant is a corporation, firm, partnership, institution, or agency, either private or public, the name and address of the president, all partners and principal officers, the tax identification number, and a brief description of the business, agency, Tribe, or institution;
(4) certification in the following language:
"I hereby certify that I have read and am familiar with the regulations contained in Title 50, Part 13, of the Code of Federal Regulations and the other applicable parts in Sub-chapter B of Chapter I of Title 50, and I further certify that the information submitted in this application for a permit is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to the suspension or revocation of this permit and to the criminal penalties of 18 U.S.C. 1001";
(5) date;
(6) signature of the applicant;
(7) a statement of where books or records concerning wildlife imports or exports will be kept, including contact information;
(8) a statement of where inventories of wildlife will be stored, including contact information;
(9) a general description of the wildlife or wildlife products to be imported or exported (including whether the wildlife is live, dead, or a product), the class of wildlife to be imported or exported, such as "mammal" or "reptile" and whetheC33:C61r the wildlife is venomous; and
(10) for applicants residing or located outside of the United States conducting commercial activities, the name, physical address, and telephone number of their agent located in the United States who will maintain the records required under the import/export license.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Currently, licenses are issued by two regional Office of Law enforcement offices and the applicants may apply online on the eLicense (electronic Import/Export license) module or mail in their applications for processing. No time-limit is set for receiving an application in advance of importation; however, the Service has 60 days to process a license application which must be issued prior to an importation or exportation. 50 CFR 14.91(a) states it is unlawful 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 (of the Service). It is required that applications for license renewals be received by the issuing office at least 30 days before the current license expires.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
A holder of an Import/Export License may also apply for a Designated Port Exception Permit (50 CFR 14.31 to 14.33) to facilitate wildlife trade through a port not designated as a wildlife port, for scientific purposes, to minimize deterioration or loss and for economic hardship.
Which administrative body is responsible for approving application of licences?
Applications are submitted to and processed by Service law enforcement regional permit offices (permitsWestLE@fws.gov and permitsEastLE@fws.gov).
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
(a) A license may be amended with restrictions on the wildlife trade that may be conducted, including species, number of specimens, and intended uses, in cases where the applicant has previously violated wildlife trade regulations or otherwise fails to meet the criteria for applicants described in 50 CFR § 13.21.
(b) In addition to the general conditions found in 50 CFR Part 13, under 50 CFR 14.93(b) licensees are subject to the following special conditions:
(i) the licensee shall, from the effective date of the license, keep such records as completely 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;
(ii) 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;
(iii) licensees shall maintain such books and records for a period of five years;
(iv) 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 or the wildlife to be exported and the records required to be kept and an opportunity to copy such records;
(v) licensees shall, upon written request by the Director, submit within 30 days of such request a report containing the information required to be maintained in the records of the licensee.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes
What is the amount of the fee or charge?
The license fee is US$ 100.
Is there any deposit or advance payment required associated with the issue of licences?
Applications must be accompanied by the license fee.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Applications must meet the provisions of 50 CFR 13.11 and 13.12. Under 50 CFR 13.21(b) a license may be refused if:
(1) the applicant has been assessed a civil penalty, has been convicted of any civil or criminal provision of any statute or regulation relating to the activity for which the application is filed, if such assessment or conviction evidences a lack of responsibility;
(2) the applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his application;
(3) the applicant has failed to demonstrate a valid justification for the permit and a showing of responsibility;
(4) the authorization requested potentially threatens a wildlife or plant population; or
(5) the Director finds through further inquiry or investigation, or otherwise, that the applicant is not qualified.
Are the reasons for any refusal given to applicants?
An applicant must be notified in writing if the application is denied and given reasons for the denial.
Have applicants a right of appeal in the event of refusal to issue a licence?
If authorized in the notice of denial, the applicant may submit further information or reasons why the license should be granted.
If so, to what bodies and under what procedures?
Upon appeal, the final action by the Regional Director is constitutes the final administrative decision of the Department of the Interior.
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
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.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
A licensee must comply with the requirements of 50 CFR Part 14 which apply to the importation, exportation, or transportation of wildlife generally. Further, a licensee importing or exporting a particular species may have to comply with other requirements found in 50 CFR Parts 10-23 and other State or Federal laws, including permitting requirements under federal statutes such as the Endangered Species Act, the Bald and Golden Eagle Protection Act, the Marine Mammal Protection Act, the Wild Bird Conservation Act, the Migratory Bird Treaty Act, and the Lacey Act, for injurious wildlife. A licensee must provide advance notification of imports or exports of live or perishable wildlife.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licenses are valid for one year. The licensee must apply for renewal to the issuing office at least 30 days before the current license expires.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
If a licensee discontinues engaging in business as an importer or exporter of wildlife, the licensee must within 30 days mail the license and a request for cancellation to the issuing officer.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licenses are not transferable between importers. Agents under the direct control of, employed by, or under contract to the licensee may carry out the activities authorized by the license.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.