USFWS Seizing Trophy Shipments
Under New "Hunting Trophy" Definition

Dear E-Mail Extra


The first of many expected seizures by the US Fish & Wildlife Service of hunting trophies made into utilitarian items has occurred. On July 3, the Service seized a shipment of items made from a legally sport hunted rhino. What triggered the seizure has to do with the way the Service now defines a hunting trophy and how that definition conflicts with CITES requirements for some Appendix II animals, particularly rhino and probably elephant. If you are about to import trophies that you have had made into decorative or utilitarian items, contact your shipper immediately to ensure the paperwork is properly coded. If those utilitarian items are made from a rhino or elephant trophy, stop their shipment until you can get the import permits required.

You'll recall that John J. Jackson, III, of Conservation Force warned hunters in the October 2007 issue of the World Conservation Force Bulletin that the Service had redefined what it considers a "hunting trophy" and that it was unclear exactly how the Service would treat some trophy shipments based upon that definition. The Service's new definition of a "hunting trophy" excludes any "utilitarian" items made from an animal, such as jewelry, clothing, furniture and accessories like umbrella stands or ice buckets. The Service now requires that the import paperwork on all such items be coded "P" for personal, instead of "H" for hunting trophies. The new rules were published in the Federal Register in August 2007 and went into effect September 24, 2007. Shipments now arriving with incorrect paperwork may be returned or seized.

The rules are much more complicated when the items are made from a rhino or elephant. That's because the Service's new definition of a trophy conflicts with CITES requirements regarding these Appendix II species. Under CITES, white rhinoceros and some elephant are on Appendix II only as a "hunting trophy" and require a CITES export permit. So, any item made from a rhino or elephant must be considered a "hunting trophy," according to CITES, and that conflicts with the Service's definition of a hunting trophy.

This has created a Catch 22 for hunters who have personal items made from an Appendix II trophy. The Service demands specific coding for these "personal" items yet rejects such shipments based upon CITES' requirement that they be "trophy" items. Further complicating things is that CITES lists all "non-trophy" trade of these species on Appendix I, which requires a US Fish & Wildlife import permit as well as a CITES export permit.

It is currently unknown whether this first seizure will lead to a court case challenging the Service's new requirements and definition of a trophy. However, the incident serves as a warning to other hunters having utilitarian items made from their trophies before importation to the US. Here's how to stay out of trouble:


If you have utilitarian items made from non-CITES animals, be certain that the import paperwork on them is properly coded with a "P" for personal rather than "H" for a hunting trophy.


Do not have any utilitarian items made from an Appendix I CITES animal or from a rhino or elephant, which are on Appendix II for trophies but remain on Appendix I for all other purposes.


If you have already made items from an elephant or rhino, stop their shipment to the US. You probably need to get an import permit from the Service for these items. It is uncertain, however, whether the Service will issue them due to the conflict in definitions.


Incorrect paperwork means your shipment could be seized and you could face charges and fines for an illegal importation due to the permit being invalid. The safest practice until this is sorted out is not to have any utilitarian taxidermy done outside the US. Have the items made after importation.

We are indebted to John J. Jackson, III, for informing us of this development. Jackson will have a more in-depth report about this in the August issue of the World Conservation Force Bulletin. You can read his original report on this on The Conservation Force web site at www.conservationforce.org. Click on Publications and select October 2007. While you're there, do consider making a donation (http://www.conservationforce.org/donate.html) to support the work of Conservation Force, which benefits wildlife and sport hunting around the world. - Barbara Crown, Editor.

Good info Kathi thanks and 10/4 on TG for John Jackson!

Good ole Govt. "bura-crap" So someone can spend money and time in courts to straighten out an obvious and unncessary injustice.

Meanwhile it is amazing to me how many hunters many of whom are highly successful business folks that cross t's and dot i's on their kids lunch money account and yet shell out healthy sums w/o first checking into the details.

I really think that clients should demand to see their export documents first to review (or have their broker examine the paperwork) prior to paying their shipper.

Or clients might consider consulting a broker or F&W before they go on a hunt.

All that said; things still change so fast some will still get caught in the muck provided by our goverment sevants!

You can use this site to write your congress persons and tell them to get off their respective asses and start representing you in this completely fouled up system of beureacratic BULL.
Frank

https://forms.house.gov/wyr/welcome.shtml

Amen. What a nightmare!