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Proceedings of the International Cyanide Detection Testing Workshop

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Goal 3: Provide a recommendation with respect to <strong>the</strong> possibility and/or benefi ts <strong>of</strong> a<br />

mandatory, government-issued export and/or import certifi cation that states <strong>the</strong> fi sh were<br />

caught with legal practices.<br />

Export certifi cation<br />

Although participants from exporting countries suggested <strong>the</strong> possibility <strong>of</strong> ei<strong>the</strong>r governmentissued<br />

or third-party certifi cates verifying fi sh as cyanide-free, <strong>the</strong> United States is unlikely<br />

to use <strong>the</strong>se for enforcement or prosecution. A certifi cation document would not resolve<br />

or relieve any <strong>of</strong> <strong>the</strong> enforcement issues discussed, and did not seem reliable or establish<br />

any measure <strong>of</strong> relief that certifi ed fi sh would be cyanide-free. Third-party certifi cation also<br />

seemed improbable, as this process is most <strong>of</strong>ten used on <strong>the</strong> consumer side ra<strong>the</strong>r than <strong>the</strong><br />

government side.<br />

Current U.S. procedure for import inspections examination<br />

All wildlife imported into <strong>the</strong> United States, with a few exceptions, must be declared to <strong>the</strong><br />

U.S. Fish and Wildlife Service (USFWS) and cleared prior to release by U.S. Customs and<br />

Border Protection. Each shipment imported into <strong>the</strong> United States requires <strong>the</strong> importer and/<br />

or broker to fi le a U.S. Fish and Wildlife Declaration (Form 3-177) to <strong>the</strong> USFWS at <strong>the</strong> time<br />

<strong>of</strong> import. Each shipment includes <strong>the</strong> fi ling <strong>of</strong> <strong>the</strong> USFWS declaration form, which provides<br />

all relevant information pertaining to <strong>the</strong> shipment, such as date <strong>of</strong> import, U.S. importer,<br />

foreign exporter, <strong>the</strong> common and scientifi c name for each species <strong>of</strong> wildlife, quantity and<br />

origin <strong>of</strong> species, carrier, number <strong>of</strong> cartons containing wildlife, etc., and o<strong>the</strong>r accompanying<br />

documentation.<br />

All shipments containing species listed under <strong>the</strong> Endangered Species Act (ESA), <strong>the</strong> Convention<br />

on <strong>International</strong> Trade in Endangered Species <strong>of</strong> Wild Fauna and Flora (CITES), or o<strong>the</strong>r<br />

federal wildlife laws must include <strong>the</strong> appropriate permits. As such, <strong>the</strong>se types <strong>of</strong> shipments<br />

usually have a higher priority for physical inspection as opposed to shipments containing nonprotected<br />

wildlife. The physical inspection entails verifying <strong>the</strong> shipment’s contents with <strong>the</strong><br />

information listed on <strong>the</strong> permits, invoices, and o<strong>the</strong>r documentation. Shipments containing<br />

non-protected species <strong>of</strong> wildlife are randomly inspected.<br />

Due to <strong>the</strong> high volume <strong>of</strong> wildlife shipments imported into <strong>the</strong> United States, <strong>the</strong> mission<br />

and priorities <strong>of</strong> <strong>the</strong> Offi ce <strong>of</strong> Law Enforcement, and limited staffi ng and resources at <strong>the</strong><br />

present time, it is unlikely that all shipments containing live marine ornamental fi sh can be<br />

inspected and tested for <strong>the</strong> presence <strong>of</strong> cyanide unless new legislation is adopted and staffi ng<br />

is increased.<br />

Policy changes and trade restrictions<br />

The United States currently has no legislation banning <strong>the</strong> import <strong>of</strong> unsustainably caught<br />

aquarium fi shes. It was generally agreed during <strong>the</strong> working group session that existing U.S.<br />

laws under <strong>the</strong> Lacey Act could be suffi cient for prosecution, but <strong>the</strong> execution, funding, and<br />

support for those regulations needs consideration. Within <strong>the</strong> United States, <strong>the</strong> Lacey Act<br />

drives import inspection and enforcement. If exporting countries impose clear laws against<br />

exporting cyanide-caught fi sh, <strong>the</strong> United States could potentially prosecute violations under<br />

37

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