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U.S. Fish and Wildlife Service: Import
and Export of Shellfish and Fishery Products
Date: November 7, 2008
The U.S. Fish and Wildlife Service (FWS) has
recently informed the trade community that import permit and clearance
requirements pertaining to shellfish and fishery products will
be strictly enforced. Specifically, for non-exempt shellfish and
fishery products, FWS will require that importers and exporters
have a permit on file and submit a FWS declaration at time of
importation/exportation.
FWS defines "shellfish" and "fishery
product" as follows:
Shellfish: An aquatic invertebrate, having
a shell, within the phylum Mollusca and subphylum Crustacea, and
includes any part, product, egg, or offspring whether or not included
in a manufactured product or in a processed food product. The
definition of shellfish does not include mollusks or crustaceans
without a shell or any other aquatic invertebrate. Common edible
shellfish include oyster, clam, mussel, scallop, cockle, abalone,
conch, whelk, marine snail, lobster, crayfish and prawn.
Fishery Product: A non-living fish or
one of the following classes: Cyclostomata, Elasmobranchii and
Pisces; and includes any part, product, egg, or offspring whether
or not included in a manufactured product or a processed product.
FWS has exempted shipments of shellfish and
fishery products from import permit and clearance requirements
and payment of FWS user fees, if imported or exported for direct
human or animal consumption and if no permits are required under
50 CFR parts 16, 17, or 23. Certain domesticated species not taken
from the wild, if not further covered by any other laws have also
been exempted.
Important: FWS has stated that the exemption
granted to shellfish and fishery products does not apply to aquatic
invertebrates and other animals that may be imported or exported
for human or animal consumption, but do not meet the definition
of shellfish or fishery products such as squid, octopus, cuttlefish,
land snails (escargot), sea urchins, sea cucumbers, frogs, or
alligator. Furthermore, giant clams (Tridacnidae Family), Queen
conch (Strombus gigas), mitten crabs (genus Eriocheir), and zebra
mussels (Dreissena polymorpha) are also not exempted as they are
subject to requirements under 50 CFR parts 16 and 23. Shipments
of these products are subject to FWS import license requirements,
FWS clearance at time of entry, and payment of FWS user fees.
Federal Fish and Wildlife Permit
Importers and exporters of non-exempted shellfish
and fishery products may apply for a Federal Fish and Wildlife
Permit by submitting a completed Form 3-200-3 (Federal Fish and
Wildlife Permit Application Form) at the following FWS regional
permit office (covering California, Guam, Hawaii, Idaho, Nevada,
Oregon, & Washington):
U.S. Fish & Wildlife Service
Office of Law Enforcement
P.O. Box 9
Sherwood, Oregon 97140-0009
Tel: (503) 521-5300
Fax: (503) 521-5318
Email: permitsR1LE@fws.gov
Other FWS regional permit offices may be found
here:
http://www.fws.gov/le/ContactsSites/LEPermit_Addresses.htm
A check or money order payable to the U.S. Fish
and Wildlife Service in the amount of $100.00 must be attached
to the permit application. The FWS permit must be renewed annually.
Form 3-200-3 may be obtained here:
http://www.fws.gov/forms/3-200-3.pdf
FWS Declaration Required At Time of Entry
At time of entry into the U.S. of non-exempted
shellfish and fishery products, USFWS Form 3-177 (U.S. Fish and
Wildlife Service Declaration for Importation or Exportation of
Fish and Wildlife) must be filed with FWS prior to Customs clearance.
FWS assesses a $55.00 fee per declaration. USFWS Form 3-177 may
be obtained here:
http://www.fws.gov/le/ImpExp/faqs.htm
James J. Boyle & Co. will file the FWS declaration(s)
on your behalf. A nominal fee of $50.00 per declaration will be
assessed.
Penalties for Non Compliance
Failure to comply with U.S. Fish and Wildlife
Service regulations may result in felony and misdemeanor penalties
against the importer and the Customs broker.
Additional Information
Additional information and details on the FWS
regulations and import/export requirements for shellfish and fishery
products may be found at the following sites:
http://www.fws.gov/le
http://www.fws.gov/le/ImpExp/Info_Importers_Exporters.htm
The information
accompanying this webpage contains confidential information. The
information is intended only for the use of customers of James
J. Boyle & Co. You are hereby notified that any disclosure,
copying, distribution or the taking of any action in reliance
on the content of this information is strictly prohibited. James
J. Boyle & Co. will also not be held accountable for any discrepant
information. The service we provide is based on our "Terms and
Conditions of Service", which is available upon request.
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