[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39247-39248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14247]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2008-0119]
Implementation of Revised Lacey Act Provisions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food, Conservation, and Energy Act of 2008 amended the
Lacey Act to provide, among other things, that importers submit a
declaration at the time of importation for certain plants and plant
products. Enforcement of the declaration requirement began on April 1,
2009, and products requiring a declaration are being phased-in. The
purpose of this notice is to clarify that the declaration is required
for all formal consumption entries of plant and plant products into the
United States, including those entries from foreign trade zones and
bonded warehouses.
FOR FURTHER INFORMATION CONTACT: Ms. Parul Patel, Senior
Agriculturalist, Permitting and Compliance Coordination, PPQ, APHIS,
4700 River Road Unit 60, Riverdale, MD 20737-1231; (301) 851-2351.
SUPPLEMENTARY INFORMATION:
Background
The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and
significantly amended in 1981, is the United States' oldest wildlife
protection statute. The Act combats trafficking in illegally taken
wildlife, fish, and plants. The Food, Conservation, and Energy Act of
2008 amended the Lacey Act by expanding its protection to a broader
range of plants and plant products (Section 8204, Prevention of Illegal
Logging Practices). As amended, the
[[Page 39248]]
Lacey Act makes it unlawful to import, export, transport, sell,
receive, acquire, or purchase in interstate or foreign commerce any
plant, with some limited exceptions, taken in violation of the laws of
a U.S. State or any foreign law that protects plants. The Lacey Act
also makes it unlawful to make or submit any false record, account, or
label for, or any false identification of, any plant.
In addition, Section 3 of the Lacey Act, as amended (16 U.S.C.
3372), makes it unlawful to import certain plants and plant products
without an import declaration. The declaration must contain, among
other things, the scientific name of the plant, value of the
importation, quantity of the plant, and name of the country from where
the plant was harvested. For paper and paperboard products containing
recycled content, the declaration also must include the average percent
of recycled content without regard for species or country of harvest.
Currently, enforcement of the declaration requirement is being phased
in, as described in three notices we published in the Federal
Register,\1\ the first on February 3, 2009 (74 FR 5911, Docket No.
APHIS-2008-0119), the second on September 2, 2009 (74 FR 45415, Docket
No. APHIS-2008-0119), and the third on February 6, 2015 (80 FR 6681,
Docket No. APHIS-2008-0019).
---------------------------------------------------------------------------
\1\ To view these notices and the comments we received, go to
http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0119.
---------------------------------------------------------------------------
In our February 2009 notice, we stated that we would be enforcing
the declaration requirement only as to formal consumption entries
(i.e., most commercial shipments). We also stated that we did not
intend to enforce the declaration requirement for informal entries
(i.e., most personal shipments), personal importations, mail (unless
subject to formal entry), transportation and exportation entries, in-
transit movements, carnet importations (i.e., merchandise or equipment
that will be re-exported within a year), and U.S. Foreign Trade Zones
(FTZ) and bonded warehouse entries.
The Animal and Plant Health Inspection Service (APHIS) has become
aware of certain instances where a Plant and Plant Product Declaration
has not been filed for plant or plant products entered into the United
States from FTZ and bonded warehouses. This practice is not in
conformity with the purpose and intent of the Lacey Act, as amended. We
are publishing this notice to make clear that such a declaration is
required for all formal consumption entries of plant and plant products
imported into the United States, including those entries from FTZ and
bonded warehouses. However, such declarations are not required for
admission into such FTZ or bonded warehouses, which is what we were
referring to in the February 2009 notice when we stated that we did not
intend to enforce the declaration requirement for FTZ and warehouse
entries.
APHIS will continue to provide the latest information regarding the
Lacey Act on our Web site, http://www.aphis.usda.gov/plant_health/lacey_act/. The Web site currently contains the Lacey Act, as amended;
a slideshow covering background and context, requirements, commodities
and products covered, information on prohibitions, and the current
status of implementation of the declaration requirement of the Lacey
Act; frequently asked questions; the phase-in implementation plan; a
link to the Lacey Act Web Governance System (LAWGS); and the paper
declaration form. The Web site will be updated as new materials become
available.
We encourage persons interested in receiving timely updates on
APHIS' Lacey Act efforts to register for our stakeholder registry at
https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new/ and
select ``Lacey Act Declaration'' as a topic of interest.
Done in Washington, DC, this 10th day of June 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-14247 Filed 6-15-16; 8:45 am]
BILLING CODE 3410-34-P