[Federal Register Volume 59, Number 136 (Monday, July 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17346]
[[Page Unknown]]
[Federal Register: July 18, 1994]
VOL. 59, NO. 136
Monday, July 18, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 322
[Docket No. 89-117-3]
Importation of Honeybees and Honeybee Semen From New Zealand
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of reopening and extension of comment period.
-----------------------------------------------------------------------
SUMMARY: We are reopening the comment period for a proposal that would
amend the honeybee and honeybee semen regulations to allow honeybees
and honeybee semen to be imported from New Zealand into the United
States, subject to certain conditions. The proposed action appears
warranted based on our determination that New Zealand is free of, and
has adequate protection against the introduction of, diseases and
parasites of honeybees, and undesirable species or subspecies of
honeybees and their semen. The proposed action would relieve certain
restrictions on the importation of honeybees and honeybee semen from
New Zealand without presenting a significant risk of introducing
harmful diseases or parasites of honeybees into the United States.
Reopening the comment period will provide interested persons with
another opportunity to comment on the proposed rule.
DATES: Consideration will be given only to comments received on or
before August 17, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 89-117. Comments received
may be inspected at USDA, room 1141, South Building, 14th Street and
Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m.,
Monday through Friday, except holidays. Persons wishing to inspect
comments are requested to call ahead on (202) 690-2817 to facilitate
entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. James Fons, Operations Officer,
Port Operations Staff, Plant Protection and Quarantine, APHIS, USDA,
room 637, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782,
(301) 436-8295.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 322 (referred to below as the
regulations) govern the importation into the United States of honeybees
and honeybee semen. These regulations were established pursuant to the
Honeybee Act (7 U.S.C. 281 et seq.). The Honeybee Act was designed to
prevent the movement into the United States of diseases and parasites
harmful to honeybees. In addition, the Honeybee Act was designed to
prevent the movement into the United States of undesirable species or
subspecies of honeybees, such as Apis mellifera scutellata, commonly
known in the United States as the African honeybee.
In this regard, 7 U.S.C. 281 provides, in relevant part, that:
(a) In order to prevent the introduction and spread of diseases and
parasites harmful to honeybees, and the introduction of genetically
undesirable germplasm of honeybees, the importation into the United
States of all honeybees is prohibited, except that honeybees may be
imported into the United States--
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(2) From countries determined by the Secretary of Agriculture--
(A) To be free of diseases or parasites harmful to honeybees, and
undesirable species or subspecies of honeybees; and
(B) To have in operation precautions adequate to prevent the
importation of honeybees from other countries where harmful diseases or
parasites, or undesirable species or subspecies, of honeybees exist; or
(3) From Canada or Mexico, subject to such terms and conditions as
the Secretary of Agriculture determines appropriate, if the Secretary
determines that the region of Canada or Mexico from which the honeybees
originated is, and is likely to remain, free of diseases or parasites
harmful to honeybees, and undesirable species or subspecies of
honeybees.
These provisions are set forth at Sec. 322.1 as criteria for
determining which countries may be listed in the regulations as
countries from which honeybees or honeybee semen may be imported into
the United States.
Under the regulations, honeybees may be imported into the United
States from New Zealand only by the United States Department of
Agriculture (USDA) for experimental or scientific purposes. Honeybee
semen may be imported from New Zealand only after issuance of a permit
by Plant Protection and Quarantine, Animal and Plant Health Inspection
Service.
On February 6, 1990, we published in the Federal Register (55 FR
3968-3969, Docket No. 89-117) a proposal to amend the regulations by
removing these restrictions on honeybees and honeybee semen imported
into the United States from New Zealand. We stated that the proposal
was warranted because it had been determined that New Zealand met the
criteria set forth in Sec. 322.1, based on USDA review of the
scientific literature; an ongoing sampling program of New Zealand
honeybees by the USDA; an ongoing exchange of information between New
Zealand and the United States relating to bee diseases and parasites,
and undesirable species and subspecies of honeybees; and a review by
USDA of the bee enforcement program in New Zealand.
However, we recognized that shipments of honeybees or honeybee
semen from New Zealand could, during transit through countries from
which honeybees and honeybee semen may not be imported into the United
States, come in contact with foreign honeybees that may be diseased. We
therefore proposed to allow honeybees and honeybee semen to be imported
from New Zealand into the United States if they were shipped to the
United States nonstop and if they were accompanied by a certificate of
origin issued by the New Zealand Department of Agriculture certifying
that the honeybees and honeybee semen were of New Zealand origin. We
also proposed to amend Sec. 322.2 to add a definition for ``certificate
of origin.''
We solicited comments concerning the 1990 proposal for a 15-day
comment period ending February 21, 1990. In response to a comment, we
published a notice in the Federal Register on March 2, 1990 (55 FR
7499, Docket No. 90-025), that extended the comment period to April 2,
1990. We received 37 comments by that date. The comments were from
apiaries, queen breeders, beekeeper associations, and State departments
of agriculture.
We did not at that time publish a final rule. However, we now wish
to proceed with rulemaking. We have consulted the most current
scientific literature and discussed this action with experts within and
outside of the Department, and we have confirmed that the actions
described in the original proposal are still appropriate. Nevertheless,
because considerable time has elapsed since publication of the original
proposed rule, we are reopening the comment period on the 1990 proposal
to allow interested persons another opportunity to comment.
Done in Washington, DC, this 13th day of July 1994.
B. Glen Lee,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-17346 Filed 7-15-94; 8:45 am]
BILLING CODE 3410-34-P