Originally Posted by Me

Email submitted from Contact Us form received: 9/17/2008 07:50:00 MT
Message ID: 70931928-19B9-E4C8-9479662C662E6BD3

From: info@triplemoonsexotic.com
First Name: Stephanie
Last Name:
State: PA
Country: US

Good morning,

I had a question regarding the Federal Lacey Act (http://www.fws.gov/le/pdffiles/Lacey.pdf). I ship Live Harmless Reptiles and wanted clarification on labeling packages. Currently I label my packages with the quantity, scientific name, common name and "LIVE HARMLESS REPTILES." An argument has been made that the Lacey Act just states "in accordance with existing commercial practices" as opposed to specifying what exactly is required...So one would not have to be specific but just label "Live Harmless Reptiles," "Snakes," or just the scientific name. Is this an accurate interpretation of the Lacey Act, or are we reptile shippers better off labeling with as much information as possible (as I already do) to cover ourselves?

Thank you for your time, I look forward to hearing from you.

Originally Posted by F&W

Dear Stephanie,

Thank you for your inquiry regarding the regulations involving marking requirements for the shipments of fish and wildlife. Our mission is, working with others, to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people.

We apologize for the tardiness of this response.

50 CFR 14.81 of the Code of Federal Regulations sets out marking requirements as noted below:

“Except as otherwise provided in this subpart, no person may import, export, or transport in interstate commerce any container or package containing any fish or wildlife (including shellfish and fishery products) unless he/she marks each container or package conspicuously on the outside with both the name and address of the shipper and consignee. An accurate and legible list of its contents by species scientific name and the number of each species and whether or not the listed species are venomous must accompany the entire shipment.”

The Federal statute and regulations dealing with marking requirements (including some exceptions listed in 50 CFR 14.82) can be found at http://www.gpoaccess.gov.

To more fully answer your questions about a specific international shipment, contact the U.S. Fish and Wildlife Service Port of Entry where you plan to import/export your shipment. This will also give you an opportunity to ask any additional questions about wildlife shipments and understand the applicable regulations.

We provide a link to our Ports of Entry: http://www.fws.gov/le/ImpExp/Contact_Info_Ports.htm

Additionally, the State(s) where you plan ship items within the United States may have some prohibitions which differ from Federal law. You should contact your State wildlife agency to enquire about any State prohibitions. Contact information for State wildlife agencies can be found on our website at: http://offices.fws.gov/statelinks.html.

Thank you for your cooperation in complying with our regulations that help protect fish, wildlife, and plants and their habitats. Please feel free to respond to this message with any further inquiries that you may have regarding this matter.

Originally Posted by Me

Thank you for the response, but my question wasn't answered.

I attempted to run a search on gpoaccess.gov for additional details on
labeling, but the search function appears to be behind with the times
and does not work properly (instead of searching for all of the keywords
entered, it searches for them individually).

The parts of 50 CFR 14.81 that you included need clarified:

This is not in reference to international shipments, but about shipments
made in the United States.

Thank you, I look forward to your response.

Originally Posted by F&W

Dear Stephanie,

Thank you for your follow-up inquiry.

Please find attached the most recent version of 50 CFR Part 14 (10/2008) for your reference.

If you look at 50 CFR 14.82, we believe this will answer your questions. Here is 14.82 noted below.
(a) The requirements of §14.81 may be met by complying with one of the following alternatives to the marking requirement:

(1)(i) Conspicuously marking the outside of each container or package containing fish or wildlife with the word “fish” or “wildlife” as appropriate for its contents, or with the common name of its contents by species, and

(ii) Including an invoice, packing list, bill of lading, or similar document to accompany the shipment which accurately states the name and address of the shipper and consignee, states the total number of packages or containers in the shipment, and for each species in the shipment specifies:

(A) The common name that identifies the species (examples include: Chinook (or king) salmon; bluefin tuna; and whitetail deer) and whether or not the listed species is venomous; and

(B) The number of that species (or other appropriate measure of quantity such as gross or net weight).

The invoice, packing list, bill of lading, or equivalent document must be securely attached to the outside of one container or package in the shipment or otherwise physically accompany the shipment in a manner which makes it readily accessible for inspection; or

(2) Affixing the shipper's wildlife import/export license number preceded by the three letters “FWS” on the outside of each container or package containing fish or wildlife, if the shipper has valid wildlife import/export license issued under authority of 50 CFR part 14. For each shipment marked in accordance with this paragraph, the records maintained under §14.93(c) must include a copy of the invoice, packing list, bill of lading, or other similar document that accurately states the information required by paragraph (a)(1)(ii) of this section.

(3) In the case of subcontainers or packages within a larger packing container, only the outermost container must be marked in accordance with this section. Except, that for live fish or wildlife that are packed in subcontainers within a larger packing container, if the subcontainers are numbered or labeled, the packing list, invoice, bill or lading, or other similar document, must reflect that number or label. However, each subcontainer containing a venomous species must be clearly marked as venomous.

(4) A conveyance (truck, plane, boat, etc.) is not considered a container for purposes of requiring specific marking of the conveyance itself, provided that:

(i) The fish or wildlife within the conveyance is carried loosely or is readily identifiable, and is accompanied by the document required by paragraph (a)(1)(ii) of this section, or

(ii) The fish or wildlife is otherwise packaged and marked in accordance with this subpart.

(b) The requirements of §14.81 do not apply to containers or packages containing—

(1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and karakul that have been bred and born in captivity, or their products, if a signed statement certifying that the animals were bred and born in captivity accompanies the shipping documents;

(2) Fish or shellfish contained in retail consumer packages labeled pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq. ; or

(3) Fish or shellfish that are landed by, and offloaded from, a fishing vessel (whether or not the catch has been carried by the fishing vessel interstate), as long as the fish or shellfish remain at the place where first offloaded.

Thank you for your cooperation in complying with our regulations that help protect fish, wildlife, and plants and their habitats. Please feel free to respond to this message with any further inquiries that you may have regarding this matter.