Subject: Wildlife laws (cont.)

From: Kenelm Philip <[email-masked]>
Date: Sun, 5 Nov 1995 18:39:43 -0900

Catchpole also inquired about misconceptions held by F&WS people. In my
esimation, a more serious problem is the fact that the laws as written are
not enforceable without major 'judgement calls' by the F&WS--thus leading
to inconsistent application. A case in point is the requirement for filling
out Form 3-177 when importing insects. Suppose you bring in soil samples,
or sweep-net samples, with thousands to millions of insects and/or other
'lower orders' of animals. The law states that _all_ specimens shall be
listed by genus, species, and # of individuals--and although an incomplete
listing on Form 3-177 is allowed, a revised form must be submitted every 180
days until all specimens have been determined.
  In the case of soil samples or large sweep-net samples, this is simply
impossible. You would have to turn in incomplete Form 3-177s for the rest of
your life! In practice, some F&WS enforcement people say that Form 3-177 is
not needed when the material cannnot be enumerated. This is a judgement call
on their part, and there is at present no guarantee that _all_ enforcement
officers will follow suit.
  I asked the local F&WS enforcement office if anyone had thought of writing
a booklet for insect collectors that explained these laws and defined limits
for their application. Their reply was that the F&WS lacked the manpower
and time needed to do that.

  The only safeguard at present is to clear your activities with your local
F&WS enforcement office, in advance, and _in writing_.

                                                        Ken Philip
[email-masked]