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Post by bluemoth on Aug 16, 2011 8:26:58 GMT -8
So I met a new friend just recently. I was surprised to hear he had never had to get those expensive FW permits needed to import or export to and from foreign countries. How was this I asked? Well this person just gets some sheet from the USDA that he attaches to his box that says specimens for scientific research. The box then gets inspected at the airport by regular customs, not FW hired folks. If all is OK then it is sent on its way. He warned this dos not work with all counties and not to put sertin kinds of insects in boxes. So here is a possible loop hole to avoid the huge fees of FW permitted shipments. I must get more specific details from him about this and will post them here because I know many of you will have questions about this. My friend has never had trouble importing or exporting with this method. No dowt this will open foreign trading doors once closed to many of us!
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Post by Chris Grinter on Aug 16, 2011 9:46:58 GMT -8
I have to say this is a terrible idea. You are still violating US law if you are importing commercial specimens as "scientific". Knowingly providing false information on federal forms is a crime on top of that!
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Post by Deleted on Aug 16, 2011 12:05:57 GMT -8
bluemoth,
Chris is totally correct. While your intention was surely well-intended, it is not well-advised. Working on the fringes of the law will eventually burn you. I dare say that if they can show you deliberately tried to avoid the process by doing your tactic, the penalties and actions are more likely to be much more severe.
Please, go by the rules. So many of us have years/decades of I/E material experience. Believe me, if there were a legal way to lessen the hassles/cost/frustration etc., we would tell all.
Again, I appreciate your attempt at putting forth an idea that ~seems~ to work, BUT I'd strongly advise you to NOT do it. That other person you know who does this is playing "Russian-Roullette." Let him play it alone and not drag you onto a precipice.
Respectfully,
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Post by jackblack on Aug 16, 2011 14:31:23 GMT -8
yep sounds pretty risky. There is a distinct difference betwwen commercial and scientific , usually the scientific specimens can only be sent between scientific institutions and registered researchers and they are each allocated an export number which must be on parcel . I find you can talk to 3 different people in customs and each will give you a different reply , they are not even sure of correct procedure at times so it better to triple or quadruple check, rather than risk some hefty fines eventually.
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Post by starlightcriminal on Aug 17, 2011 7:29:24 GMT -8
I think most of the time shipments claim to be scientific but still have to pay anyway. There are strange rules that dictate when something becomes commercial and not scientific, I too would advise not claiming they are scientific if they aren't. I do think it matters how many of each thing you have and whether or not you intend to "benefit" from them, i.e. by sale or trading, and so forth. I've met a few people who bring things back from trips for themselves and have not had to do anything but the PPQ but having no trade/purchase/sale experience myself I can't comment reliably. I tried to investigate some because I have a few out of country trips in the future and one that already went by but it was so overwhelming to try to do alone with little information and guidance that I gave up and the first trip came and went without a single insect collected I always am cautious so if there is any question I would not do it. You would hate to be fined or lose your whole collection because you made an honest error.
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Post by exoticimports on Aug 18, 2011 11:37:13 GMT -8
What Billgarthe said.
I have a permit, and I always do the declarations, and yes it is a huge PITA and costs money for nothing. BUT BUT BUT if you get caught importing contrary to regulations you run the risk of a hassle, even arrest and (more likely) fine, seizure of your collection (even if temporary, I can assure you something will be damaged), and you might get blacklisted so you get hassled every time you cross the border.
There are plenty of "loopholes." I just found one in a particular state's protected species laws (don't ask me, I'm not going to give the details because in this case it could actually be detrimental to a species.) Anyway, the point is if you're really interested in avoiding the hassle, real all the laws and then find a hole. But keep one thing in mind- it's free to arrest, but it costs money to defend- guess which side you're on.
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Post by bluemoth on Aug 19, 2011 10:19:03 GMT -8
Thank you folks for all the advise. I fugue my friend may have read this stream by now to seance I have not herd any thing from them. Poor friend had such a good thing going there with that other permit. I bet they are pretty scared now.
What If I can become a volunteer for a place of scientific study and can be co signed on to such a permit. Is this even possible? Could this work?
Guess if the above dos not work I have to find some folks with the correct permit and see if they would export and import for me if I share insects with them.
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Post by starlightcriminal on Aug 19, 2011 10:45:28 GMT -8
Bluemoth- it is not uncommon for people to "piggy-back" on permits so that is probably reasonable- in other fields anyway it require that you accompany them, you can't go out on your own unless your specifically mentioned in the permit. Getting involved as a volunteer would be a great way to make contacts that could help you with this. Many times you can even volunteer to accompany them to various localities. In the science free help is usually appreciated because money is always tight and outreach is frequently an important facet to research.
I think the major thing about importing for "scientific research" is that if you don't have permits anyway you probably aren't scientific and then there is a concern about gains you might be trying to make with specimens. I know that if you were to collect a small number, say 5, very common butterflies from a country that doesn't require it's own export permits and you weren't planning on selling or trading them then you would be able to bring those in without payment- you still need to do the PPQ of course. I called USFW to confirm. But who wants to only have 5 very common butterflies if they went to the trouble of going overseas to collect? Probably not many of us.
It's probably the best idea to try to accompany someone else who is getting a permit, all the way through the permitting process and through the return back to the states so you can see how it works. That's what I would like to do. Unfortunately finding someone like this is not always easy, hence the local collecting only for me. I'm even afraid to buy specimens from overseas (and I don't find buying them as satisfying anyway), period. Best of luck! And if it does work out I would love to hear about it.
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Post by Chris Grinter on Aug 19, 2011 13:07:41 GMT -8
I'm not 100% sure what you are importing - the form mentioned by starlight is the FWS 3-177.
Volunteering is a wonderful idea, and usually most museums do have permits that they will allow you to collect under. However, you will never be allowed to purchase or trade specimens internationally and import them as scientific. This would get you kicked out of the museum and might jeopardize the permits the museum enjoys.
Trading is also considered "gain" - even though it's not monetary. You can not trade specimens in any way and call those scientific either.
I know, it's really frustrating...
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Post by dertodesking on Aug 22, 2011 12:55:06 GMT -8
To everyone who has contributed to this thread...your posts make me pleased to be in the UK where we don't have all of this hastle.
To all US collectors - you have my admiration and respect for perservering with this hobby despite the hurdles put in the way by the authorities.
Simon
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Post by jackblack on Aug 23, 2011 3:25:44 GMT -8
Simon , It will come eventually . As UK has more threaten sp than a lot of contries .
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Post by starlightcriminal on Aug 23, 2011 7:07:01 GMT -8
Yes, that's a big point- trading is a type of gain. "Gain" is used because it is ambiguous, how you qualify what is gain and what is not isn't defined in the law. Theoretically, the notoriety you might gain by publishing a paper on a specimen you collected abroad, common and singular as it might have been, could be misconstrued as "gain." Legal wording is almost always intentionally ambiguous like this so that special exceptions don't cause problems should they arise, it takes the guess work out of it for authorities that may not be as well informed as they need to be for every circumstance. Always presume that the law will not fall on your side unless it is absolutely clear.
The other thing about collecting under a permit for someone else is to be sure that you can keep the specimens yourself. Most often it is written in the permit what the ultimate fate of the specimens will be and if that doesn't include you then you may not be able to keep what you collect. If you collect with a museum you probably will have to surrender what you get to them at the end of the day. It's not really of any benefit or of interest to museums and the like to expose themselves to the risk of an additional collector when they don't get anything in return.
You can always design your plan of attack and then call USFW directly to explain your intent and your approach. They will likely clarify whether what you are doing is acceptable or not.
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Post by exoticimports on Aug 24, 2011 6:35:26 GMT -8
Related to the above post: "call USFWS" is marginally protective at best. If you do call, RECORD.
Nothing beats a response in writing on letterhead, so write a letter and ask for a response. Some US agencies though have gotten smart to this and won't provide written responses.
Calling though I suppose is better than doing nothing. In one personal case, it probably made the difference between arrest and seizure. I DID call USFWS and asked pertinent questions and got the OK. Problem was, the three USFWS people I spoke with didn't know the minutiae of the law.
When importing and intercepted, I had the specimens siezed. I was within a few days able to provide my notes from my calendar with names and phone numbers and notes associated with the conversations (thank God I kept notes!)
USFWS suggested that I had fabricated the notes, but I said that phone records would confirm the calls, if not the content of the conversation (that's why I say RECORD the call and no you do not have to notify that they are being recorded if it is only you and one other person.) Armed with that, it became rather obvious (if not 100% provable) that USFWS had given me bad information, which in court would likely have alleviated me of prosecution on intent to smuggle.
So if you want to do something and you're not sure if it's OK write a LETTER (not email) to USFWS and ask for a ruling. Be polite- they are overworked and understaffed, and doing their jobs whether you agree with it or not.
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Post by Deleted on Aug 25, 2011 15:04:58 GMT -8
Yes, getting letters back from them(USFW) is rare indeed.
Since letters are so tough to get and phone records are 'ify', I do have many hard copies of emails from various inspectors. If questions arose and you had to show evidence of some sort, having copies of these emails would, in my opinion, be a good bet. Having them would clearly show one's intent to abide by the laws even if the inspector was wrong.
When emailing, I tend to be rather basic and not at all like I am some sort of know-it-all.....which I'm not. Asking the most basic questions from the position of a mere bug collector wanting to do the right thing is a good approach. By being basic, I am trying not to put them 'on guard'. Many smaller questions over a period of time is better than one super-huge email with multiple questions and many 'what-ifs'.
For obvious reasons, I am not going to list all my cooperative inspectors. Try emailing a bunch and see what happens. There are actually a few USFW inspectors who really do want to help and don't treat us with a gestapo-like attitude.
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Post by bluemoth on Aug 25, 2011 15:59:25 GMT -8
Thank you Billgarth for your advice on emailing inspectors. It sounds like a good idea to save a copy of all emails to cover your self in case of truble. I am glad to hear there are some nice inspectors out there. I tipicaly wait to get exsotic things second hand when some one els inports them in to the US. But I am thinking it would be nice to get the exotics directly. Then I will not miss out on getting some thing very nice in a mix of insects that a collector that inports might keep. I know lots of cool stuff has come in to the hands of those that get permits to import. If I get a bunch of extra spending money I will have to get a permit. I can imagin getting a mix of unidentified leps or other bugs from some exsotic location. What fun!
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