23.71—How can I trade internationally in sturgeon caviar?
(a) U.S. and foreign general provisions.
For the purposes of this section, sturgeon caviar means the processed roe of any species of sturgeon, including paddlefish (Order Acipenseriformes). The import, export, or re-export of sturgeon caviar must meet the requirements of this section and the other requirements of this part (see subparts B and C for prohibitions and application procedures).
(b) Labeling.
You may import, export, or re-export sturgeon caviar only if labels are affixed to containers prior to export or re-export in accordance with this paragraph.
(i)
Non-reusable label means any label or mark that cannot be removed without being damaged or transferred to another container.
(iv)
Processing plant means a facility in the country of origin responsible for the first packaging of caviar into a primary container.
(v)
Repackaging plant means a facility responsible for receiving and repackaging caviar into new primary containers.
(vi)
Lot identification number means a number that corresponds to information related to the caviar tracking system used by the processing plant or repackaging plant.
(2)
The caviar-processing plant in the country of origin must affix a non-reusable label on the primary container that includes all of the following information:
(i)
Standardized species code; for hybrids, the species code for the male is followed by the code for the female and the codes are separated by an “x” (codes are available on our website; see § 23.7 ).
(3)
If caviar is repackaged before export or re-export, the repackaging plant must affix a non-reusable label to the primary container that includes all of the following information:
(ii)
Year of repackaging and the repackaging plant code, which incorporates the two-letter ISO code for the repackaging country if different from the country of origin.
(4)
The exact quantity of caviar must be indicated on any secondary container along with a description of the contents in accordance with international customs regulations.
(c) Documentation requirements.
Unless the sturgeon caviar qualifies as a personal or household effect under § 23.15, the CITES document or an annex attached to the document must contain all information that is given on the label. The exact quantity of each species of caviar must be indicated on the CITES document.
(d) Export quotas.
Commercial shipments of sturgeon caviar from stocks shared between different countries may be imported only if all of the following conditions have been met:
(1)
The relevant countries have established annual export quotas for the shared stocks that were derived from catch quotas agreed among the countries. The quotas are based on an appropriate regional conservation strategy and monitoring regime and are not detrimental to the survival of the species in the wild.
(2)
The quotas have been communicated to the CITES Secretariat and the Secretariat has communicated the annual export quotas to CITES Parties.
(3)
The caviar is exported during the quota year (March 1 - last day of February) in which it was harvested and processed.
(e) Re-exports.
Any re-export of sturgeon caviar must occur within 18 months from the date of issuance of the original export permit.
(f) Pre-Convention.
Sturgeon caviar may not be imported, exported, or re-exported under a pre-Convention certificate.
(g) Mixed caviar.
Caviar and caviar products that consist of roe from more than one species may only be imported into or exported from the United States if the exact quantity of roe from each species is known and is indicated on the CITES document.
(h) U.S. application forms.
Application forms can be obtained from our website or by contacting us (see § 23.7 ). For CITES document requirements, see § 23.36 for export permits and § 23.37 for re-export certificates. For export, complete Form 3-200-76 and submit it to the U.S. Management Authority. For re-export, complete Form 3-200-73 and submit it to FWS Law Enforcement.
[72 FR 48448, Aug. 23, 2007, as amended at 73 FR 40986, July 17, 2008]