DRAS Convention 2022 - Import and Export Information
The following information is provided by the Durham Region Aquarium Society as information only. The onus rests on the individual to confirm and fully understand the information that we have provided following.
The information regarding import / export back into the US;
An individual obtaining aquarium fish and/or eggs at the 2022 Down Under in the Great White North Convention who lives in the United States may return to the US with those fish, but there are US Federal laws and regulations that must be observed.
United States Custom and Border Protection (USCBP) is concerned with the value of the fish being imported. As a general rule, aquarium fish are an item that are not subject to duties. However, forms will likely need to be completed to clear customs, and there may be a small fee charged.
United States Fish and Wildlife Service (USFWS) is somewhat concerned with the financial value of the fish, but is more concerned with the nature and potential impact of the imported fish.
Their first concern is the conservation status of the fish.
Fortunately, no species of rainbowfish, blue-eyes, or other species associated with the aquarium hobby that originate in Australia or New Guinea are listed in the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Further, it appears that none of those species are listed as endangered in any US state.
As long as the imported species are not CITES listed and not listed as endangered in the US destination state, the next criteria is the number of fish. If the hobbyist is returning with 7 (seven) or fewer fish, there are no fees charged by USFWS. Please note: This is a TOTAL number of fish (all species combined) per INDIVIDUAL.
However, the hobbyist may need to avow that the fish are for their own personal use, and will not be sold, traded, auctioned, or exchanged for any monetary gain. Should they intend to do so, they will be considered a commercial enterprise and be regulated as outlined below.
“What is “commercial”? Commercial means related to the offering for sale or resale, purchase, trade, barter, or the actual or intended transfer in the pursuit of gain or profit, of any item of wildlife and includes the use of any wildlife article as an exhibit for the purpose of soliciting sales, without regard to quantity or weight. There is a presumption that eight or more similar unused items are for commercial use. The Service or the importer/exporter may rebut this presumption based upon the particular facts and circumstances of each case (50 CFR 14.4).” (emphasis added) – What You Need to Know About a US Fish and Wildlife Service Import/Export License - US Entities
If the hobbyist has more than 8 (eight) fish in total, the situation becomes significantly more complicated. First, the hobbyist needs to understand that they will be considered a commercial enterprise. As such, they will require a commercial import/export license. This license, which is valid for one year, needs to be obtained before the weekend of the convention, and costs $100 USD. (Note must be made that fish in the aquarium hobby are still considered “wildlife”.)
Once the hobbyist has their import/export license, they must realize that they will need to cross the border from Canada to the United States at a USFWS staffed border crossing, and that they must do so during regular office hours (8:30 AM – 4:30 PM, Monday to Friday).
The nearest USFWS staffed border crossings to the convention location are the Peace Bridge in Buffalo, New York (NOT the Queenston-Lewiston Bridge or the Rainbow Bridge in Niagara Falls), and the Ambassador Bridge and the Windsor and Detroit Tunnel in Detroit, Michigan.
Finally, there is a $186 USD fee for a “Live, non-protected commercial shipment”.
The United States Department of Agriculture informs that no health certificate is required for the import of fish into the United States. (The only fish that do require a health certificate are carp and tilapia.)
While some may inform that they have not experienced these circumstances, it must be emphasized that this information was obtained through examination of applicable laws and regulations, consultation with USFWS staff at their head office, consultation with USFWS Enforcement staff at both the Buffalo and Detroit offices, and consultation with a representative of the USDA.
A licensed Importer/Exporter is constrained as to the type of fish that cross the border in that they must not be CITES listed. However, as mentioned, no species of rainbowfish, blue-eyes, or other species associated with the aquarium hobby that originate in Australia or New Guinea are CITES listed. Therefore, most fish obtained at the 2022 Down Under in the Great White North Convention are able to be handled by the Importer/Exporter.
The licensed Importer/Exporter may transport as many fish as desired, but is still subject to the $186 USD fee for a “Live, non-protected commercial shipment”.
The licensed Importer/Exporter must cross the border from Canada to the United States at a USFWS staffed border crossing, and that they must do so during regular office hours (8:30 AM – 4:30 PM, Monday to Friday).
Given the above, the Durham Region Aquarium Society and the planning committee of the 2022 Down Under in the Great White North Convention have arranged to have a licensed Importer/Exporter attend the convention and transport the purchases of any US resident who wishes to avail themselves of the offered service.
The licensed Importer/Exporter will cross one of the two Detroit/Windsor border crossings (either the Ambassador Bridge or the Windsor and Detroit Tunnel) on the morning of September 26th, 2022. He will then either meet in person with conference attendees to transfer fish and/or eggs that they purchased and transferred to the Importer/Exporter, or – for those unable to meet – will ship eggs and/or fish to the conference attendees using the most expedient method feasible. The meeting location will be provided to any attendees who opt to use this service.
As there will be a “Live, non-protected commercial shipment” inspection fee, there will be a service fee applied to those who wish to use his services to import fish. There will be an additional charge for shipping and handling for those who are unable to meet in person.
The person acquiring fish and/or eggs at the 2022 Down Under in the Great White North Convention will be asked to sign a document that;
• legally transfers the fish and/or eggs to the Importer/Exporter with the understanding they will be returned to the purchaser as soon as is feasible,
• agrees to pay fees in an amount to be determined to offset the USFWS inspection fee,
• agrees to pay shipping and handling fees if shipping within the US is required,
• agrees to hold the Importer/Exporter harmless.