I read through CFR 50 part 14, subpart A-I. I found it quite helpful in several areas. Admittedly, I was unaware of where to look for official rules on this topic but I believe this is it.
If you feel so inclined, here is a link to it:
https://www.ecfr.gov/current/title-50/c ... -B/part-14
Some key takeaways:
14.4 "Commercial means related to the offering for sale, or release, purchase, trade barter, or the intended transfer in the pursuit of gain or profit..."
"There is a presumption that eight or more similar unused items are for commercial use."
14.64 (b) "...a Declaration for the Importation and Exportation of Fish or Wildlife (3-177) does not have to be filed for the exportation of the following: (1) Wildlife not intended for commercial use where the value of such wildlife is under $250."
14.81 "...no person may import, export, or transport in interstate commerce any container or package containing and fish to wildlife... unless he/she marks each container or package conspicuously on the outside with both the name and address of the shipper and consignee. An accurate and legible list of its contents by species scientific name and the number of each species and whether or not the listed species are venomous must accompany the entire shipment."
14.91 (Paraphrased) If you import/export from the US:
(6) as a collector or hobbyist for personal use - you
don't need an import/export permit.
(7) as a collector of hobbyist for commercial purposes, including sale, trade or barter - you
do need an import/export permit.
14.93 (4) "You must keep, in a U.S. location, the following records that completely and correctly describe each import or export... made under the license and, if applicable, any subsequent disposition that you made of the wildlife, for a period of 5 years."
(Paraphrased): these requirements include the (i) description of wildlife, (ii) quantity, (iii) common and scientific names, (iv) country of origin, if known, (v) date and place of import/export, (vi) date and manner of any subsequent disposition, (vii) name, address, phone, and email, if known, of the person who received the wildlife, (viii) copies of US permits, (ix) copies of the foreign country's permits.
14.94 (c) "Except as provided in paragraph (k) of this section, an import/export license holder must pay a base inspection fee, as defined in 14.94(h)(1), for each wildlife shipment imported or exported at a designated port."
(This designated port base inspection fee appears to be $93 currently)
14.94 (k)(2) "You do not have to pay base inspection fees, premium inspection fees, or overtime fees if you are importing or exporting wildlife that is exempt from import/export license requirements as defined in 14.92(a)..."
**While 'personal use' is not included in 14.92(a), I am curious whether the base fees would apply since an import/export permit is not required.**
Regarding customs brokers
I corresponded with a wildlife inspector at my nearest designated port (Chicago, IL) regarding the requirements for a broker (Feb 2025).
Here is the information I provided:
I am an individual importing "commercially," but not representing any business or company. I am looking to import dead/dried insects (butterflies and moths) for collectors and hobbyists. Some will be sold by myself here in the USA.
I am not dealing with any protected species. I have the necessary import/export permit and I am aware of the requirement to include the 3-177 with the shipment and file with the USFWS. I began to fill the eDoc for the form online but the field for customs broker is a required field. It was my understanding that a customs broker was not mandatory.
My question is this: Do I need to solicit the service of a customs broker for every shipment, or is this optional?
His prompt response:
You do not require a broker. However, you must file the eDec early enough for us to intercept the package in the mail before customs or USPS. If you delay filing an eDec you may be liable for penalties. Here at Chicago we recommend using FedEx, UPS, or DHL as they will act as the broker for you and also will avoid penalties if released without inspection."
If you choose to use international mail please enter the Customs broker as "self"
I hope this information is useful to others who are interested in the import/export process.