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92 Subpart—Imported Fire

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92 Subpart—Imported Fire § 301.80–9 7 CFR Ch. III (1–1–04 Edition) Act (7 U.S.C. 7714, 7731, and 7754), in ac- requirements of this subpart and may cordance with instructions issued by be moved interstate to any destination. the Deputy Administrator. Compliance agreement. A written [35 FR 10553, June 30, 1970, as amended at 36 agreement between APHIS and a per- FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, son engaged in growing, handling, or 1976; 66 FR 21052, Apr. 27, 2001] moving regulated articles that are moved interstate, in which the person § 301.80–9 Movement of witchweed. agrees to comply with the provisions of Regulations requiring a permit for, this subpart and any conditions im- and otherwise governing the movement posed under this subpart. of witchweed in interstate or foreign Imported fire ant. Living imported fire commerce are contained in the Federal ants of the species Solenopsis invicta plant pest regulations in part 330 of Buren and Solenopsis richteri Forel, and this chapter. Applications for permits hybrids of these species. for the movement of the pest may be Infestation (infested). The presence of made to the Deputy Administrator. an imported fire ant queen or a repro- ducing colony of imported fire ants, ex- [35 FR 10553, June 30, 1970, as amended at 36 cept that on grass sod and plants with FR 24917, Dec. 24, 1971] roots and soil attached, an infestation is the presence of any life form of the § 301.80–10 Nonliability of the Depart- ment. imported fire ant. Inspector. An APHIS employee or The U.S. Department of Agriculture other person authorized by the Admin- disclaims liability for any costs inci- istrator to enforce the provisions of dent to inspections or compliance with this subpart. the provisions of the quarantine and Interstate. From any State into or regulations in this subpart, other than through any other State. for the services of the inspector. Limited permit. A document in which [35 FR 10553, June 30, 1970, as amended at 36 an inspector affirms that a specified FR 24917, Dec. 24, 1971] regulated article not eligible for a cer- tificate is eligible for interstate move- Subpart—Imported Fire Ant ment only to a specified destination and in accordance with conditions specified on the permit. SOURCE: 57 FR 57327, Dec. 4, 1992, unless otherwise noted. Movement (moved). The act of ship- ping, transporting, delivering, or re- QUARANTINE AND REGULATIONS ceiving for movement, or otherwise aiding, abetting, inducing or causing to § 301.81 Restrictions on interstate be moved. movement of regulated articles. Noncompacted soil. Soil that can be No person may move interstate from removed from an article by brisk any quarantined area any regulated ar- brushing or washing with water under ticle except in accordance with this normal city water pressure (at least 4 subpart. gallons per minute at 40 to 50 pounds per square inch through a 1⁄2-inch ori- § 301.81–1 Definitions. fice). Administrator. The Administrator, Person. Any association, company, Animal and Plant Health Inspection corporation, firm, individual, joint Service, or any person authorized to stock company, partnership, society, act for the Administrator. or any other legal entity. Animal and Plant Health Inspection Reproducing colony. A combination of Service. The Animal and Plant Health one or more imported fire ant workers Inspection Service of the U.S. Depart- and one or more of the following imma- ment of Agriculture (APHIS). ture imported fire ant forms: Eggs, lar- Certificate. A document in which an vae, or pupae. inspector or a person operating under a Soil. Any non-liquid combination of compliance agreement affirms that a organic and/or inorganic material in specified regulated article meets the which plants can grow. 92 VerDate jul<14>2003 09:51 Jan 16, 2004 Jkt 203015 PO 00000 Frm 00092 Fmt 8010 Sfmt 8010 Y:\SGML\203015T.XXX 203015T Animal and Plant Health Inspection Service, USDA § 301.81–3 Soil-moving equipment. Equipment (1) The State has adopted and is en- used for moving or transporting soil, forcing restrictions on the intrastate including, but not limited to, bull- movement of the regulated articles dozers, dump trucks, or road scrapers. listed in § 301.81–2 that are equivalent State. The District of Columbia, Puer- to the interstate movement restric- to Rico, the Northern Mariana Islands, tions imposed by this subpart; and or any State, territory, or possession of (2) Designating less than the entire the United States. State as a quarantined area will pre- vent the spread of the imported fire § 301.81–2 Regulated articles. ant. The following are regulated articles: (c) The Administrator may include (a) Imported fire ant queens and re- uninfested acreage within a quar- producing colonies of imported fire antined area due to its proximity to an ants.1 infestation or inseparability from the (b) Soil,2 separately or with other ar- infested locality for quarantine pur- ticles, except potting soil that is poses, as determined by: shipped in original containers in which (1) Projections of spread of imported the soil was placed after commercial fire ant around the periphery of the in- preparation. festation, as determined by previous (c) Baled hay and baled straw stored years’ surveys; in direct contact with the ground; (2) Availability of natural habitats (d) Plants and sod with roots and soil and host materials, within the attached, except plants maintained in- uninfested acreage, suitable for estab- doors in a home or office environment lishment and survival of imported fire and not for sale; ant populations; and (e) Used soil-moving equipment, un- (3) Necessity of including uninfested less removed of all noncompacted soil; acreage within the quarantined area in and order to establish readily identifiable (f) Any other article or means of con- boundaries. veyance when: (d) The Administrator or an inspec- (1) An inspector determines that it tor may temporarily designate any presents a risk of spread of the im- nonquarantined area as a quarantined ported fire ant due to its proximity to area in accordance with the criteria an infestation of the imported fire ant; specified in paragraphs (a), (b), and (c) and of this section. The Administrator will (2) The person in possession of the give written notice of this designation product, article, or means of convey- to the owner or person in possession of ance has been notified that it is regu- the nonquarantined area, or, in the lated under this subpart. case of publicly owned land, to the per- (Approved by the Office of Management and son responsible for the management of Budget under control number 0579–0102) the nonquarantined area; thereafter, [57 FR 57327, Dec. 4, 1992, as amended at 59 the interstate movement of any regu- FR 67133, Dec. 29, 1994] lated article from an area temporarily designated as a quarantined area is § 301.81–3 Quarantined areas. subject to this subpart. As soon as (a) The Administrator will quar- practicable, this area either will be antine each State or each portion of a added to the list of designated quar- State that is infested. antined areas in paragraph (e) of this (b) Less than an entire State will be section, or the Administrator will ter- listed as a quarantined area only if the minate the designation. The owner or Administrator determines that: person in possession of, or, in the case of publicly owned land, the person re- sponsible for the management of, an 1 Permit and other requirements for the area for which the designation is ter- interstate movement of imported fire ants minated will be given written notice of are contained in part 330 of this chapter. 2 The movement of soil from Puerto Rico is the termination as soon as practicable. subject to additional provisions in part 330 of (e) The areas described below are des- this chapter. ignated as quarantined areas: 93 VerDate jul<14>2003 09:51 Jan 16, 2004 Jkt 203015 PO 00000 Frm 00093 Fmt 8010 Sfmt 8010 Y:\SGML\203015T.XXX 203015T § 301.81–3 7 CFR Ch. III (1–1–04 Edition) ALABAMA vard; then east along Artesia Boulevard to the point of beginning. The entire State. That portion of Los Angeles County in the ARKANSAS Azusa area bounded by a line beginning at the intersection of Irwindale Avenue and Ashley County. The entire county. Foothill Boulevard; then east along Foothill Bradley County. The entire county. Boulevard to Azusa Avenue; then south Calhoun County. The entire county. along Azusa Avenue to East Fifth Street; Chicot County. The entire county. then east along East Fifth Street to North Clark County. The entire county. Cerritos Avenue; then south along North Cleveland County. The entire county. Cerritos Avenue to Arrow Highway; then Columbia County. The entire county. west along Arrow Highway to Azusa Avenue, Dallas County. The entire county. then south along Azusa Avenue to Covina Desha County. The entire county. Boulevard; then west along an imaginary Drew County. The entire county. line to the intersection of Martinez Street Faulkner County. That portion of the and Irwindale Avenue; then north along county lying south of a line beginning at the Irwindale Avenue to the point of beginning. intersection of Interstate 40 and the Faulk- Orange County. The entire county. ner/Conway County line; then southeast on Riverside County. That portion of River- Interstate 40 to U.S. Highway 64; then east side County in the Indio area bounded by a on U.S. Highway 64 to the Faulkner/White line beginning at the intersection of Avenue County line. 50 and Jackson Street; then south along Garland County. The entire county. Jackson Street to 54th Avenue; then west Grant County.
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