[Code of Federal Regulations]
[Title 50, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR14.53]

[Page 58]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR
 
PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE--Table of Contents
 
             Subpart E--Inspection and Clearance of Wildlife
 
Sec. 14.53  Detention and refusal of clearance.

    (a) Detention. Any Service officer, or Customs officer acting under 
Sec. 14.54, may detain imported or exported wildlife and any associated 
property. As soon as practicable following the importation or 
exportation and decision to detain, the Service will mail a notice of 
detention by registered or certified mail, return receipt requested, to 
the importer or consignee, or exporter, if known or easily 
ascertainable. Such notice must describe the detained wildlife or other 
property, indicate the reason for the detention, describe the general 
nature of the tests or inquiries to be conducted, and indicate that if 
the releasability of the wildlife has not been determined within 30 days 
after the date of the notice, or a longer period if specifically stated, 
that the Service will deem the wildlife to be seized and will issue no 
further notification of seizure.
    (b) Refusal of clearance. Any Service officer may refuse clearance 
of imported or exported wildlife and any Customs officer acting under 
Sec. 14.54 may refuse clearance of imported wildlife when there are 
responsible grounds to believe that:
    (1) A Federal law or regulation has been violated;
    (2) The correct identity and country of origin of the wildlife has 
not been established (in such cases, the burden is upon the owner, 
importer, exporter, consignor, or consignee to establish such identity 
by scientific name to the species level or, if any subspecies is 
protected by the laws of this country or the country of origin to the 
subspecies level);
    (3) Any permit, license, or other documentation required for 
clearance of such wildlife is not available, is not currently valid, has 
been suspended or revoked, or is not authentic;
    (4) The importer, exporter, or the importer's or exporter's agent 
has filed an incorrect or incomplete declaration for importation or 
exportation as provided in Sec. 14.61 or Sec. 14.63; or
    (5) The importer, exporter, or the importer's or exporter's agent 
has not paid any fee or portion of balance due for inspection fees 
required by Sec. 14.93 or Sec. 14.94, or penalties assessed against the 
importer or exporter under 50 CFR part 11. This paragraph does not apply 
to penalty assessments on appeal in accordance with the provisions of 
part 11.

[61 FR 31869, June 21, 1996]