Trade Law Daily is a Warren News publication.

FWS Clarifies Inspection Responsibilities for Shipments With Both Plants and Wildlife

The Fish and Wildlife Service recently clarified inspection requirements for shipments that include both plants and wildlife listed by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, whether or not CITES-listed. The April 16 policy bulletin, posted to the FWS website on May 31, clarifies the application of a 2016 agreement between FWS and the Animal and Plant Health Inspection Service that allows FWS inspectors to validate such shipments, which has “led to some confusion as to which agency provides inspection,” FWS said.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

For imports, FWS wildlife inspectors will validate CITES documents and inspect and clear imports wherein the shipment contains both CITES-listed non-living plant species and any wildlife species, whether CITES or non-CITES listed. Only wildlife should be declared on FWS form 3-177, the agency said.

For exports of shipments with a CITES plant and non-CITES wildlife, either APHIS or FWS can validate the permit, but all wildlife must be declared to FWS and the shipment exported at an FWS-approved port. For exports with both CITES plant and CITES wildlife materials, the permit must be validated by FWS, declared to FWS, and the shipment exported through an FWS-approved port, the agency said.

The guidance only applies to shipments that contain both CITES-listed plants and wildlife whether or not CITES-listed. If a shipment contains only plant material, the permit must be validated by APHIS and exported through an APHIS-approved port, FWS said. “This guidance is specific to shipments declared to FWS either in eDecs or via paper,” and “additional guidance will be provided on future ACE filings,” FWS said.