§ 301.76 7 CFR Ch. III (1–1–12 Edition)

(b) Certified nursery stock pay- § 301.76 Restrictions on the interstate ments. A commercial citrus nursery movement of regulated articles. that is eligible under paragraph (a) of No person may move interstate from this section to receive funds to replace any quarantined area any articles reg- certified citrus nursery stock will, ulated for citrus greening and Asian upon approval of an application sub- citrus psyllid, except in accordance mitted in accordance with paragraph with this subpart.1/≤ (c) of this section, receive a payment calculated using the following rates: § 301.76–1 Definitions.

Payment Administrator. The Administrator of Type of certified nursery stock (dollars) the Animal and Health Inspec- Seedlings ...... 0.18/plant. tion Service or any individual author- Liners or rootstock ...... 1.50/plant. ized to act for the Administrator. Budded field grown citrus 4.00/plant. Animal and Plant Health Inspection Budded container/greenhouse cit- 4.50/plant. rus plants. Service (APHIS). The Animal and Plant Citrus nursery stock in containers Health Inspection Service of the United for wholesale or retail sale: States Department of Agriculture. 1 gallon ...... 5.00/container. Asian citrus psyllid. The insect known 3 gallon ...... 10.00/container. 5 gallon ...... 15.00/container. as Asian citrus psyllid (Diaphorina citri 7 gallon ...... 20.00/container. Kuwayama) in any stage of develop- Larger than 7 gallon ...... 26.00/container. ment. Certificate. A document, stamp, or (c) How to apply for certified nursery other means of identification approved stock replacement funds. The form nec- by APHIS and issued by an inspector or essary to apply for funds to replace cer- person operating under a compliance tified nursery stock may be obtained agreement when he or she finds that, from any local citrus canker eradi- because of certain conditions, a regu- cation program office in , or lated article can be moved safely from from the USDA Citrus Canker Eradi- an area quarantined for Asian citrus cation Program, 6901 West Sunrise psyllid and/or citrus greening without Boulevard, Plantation, FL 33313. The spreading the psyllid or the disease. completed application should be ac- Citrus greening. A plant disease companied by a copy of the public caused by several strains of the order directing the destruction of the uncultured, phloem-limited bacterial trees and its accompanying inventory pathogen ‘‘Candidatus Liberibacter that describes the number and type of asiaticus’’. the certified nursery stock removed. If Commercial citrus grove. A solid-set the certified nursery stock was planted planting of trees maintained for the in pots, the inventory should specify primary purpose of producing citrus the size of the container. If the cer- for commercial sale. tified nursery stock was bare root Compliance agreement. A written plants or in a temporary container, the agreement between APHIS and a per- inventory should specify whether the son engaged in the business of growing, plant was non-budded or budded. The maintaining, processing, handling, completed application must be sent to packing, or moving regulated articles the USDA Citrus Canker Eradication for interstate movement, in which the Program, Attn: Commercial Compensa- person agrees to comply with this sub- tion, 10300 Sunset Dr., Suite 150, part. For the purposes of this subpart, Miami, FL 33173. Claims for certified a memorandum of understanding is nursery stock must be received by Au- considered a compliance agreement. gust 7, 2006.

[71 FR 33172, June 8, 2006] 1 In order to enforce this section, any prop- erly identified inspector is authorized to stop Subpart—Citrus Greening and and inspect persons and means of conveyance and to seize, quarantine, treat, apply other Asian Citrus Psyllid remedial measures to, destroy, or otherwise dispose of host articles as provided in sec- SOURCE: 75 FR 34332, June 17, 2010, unless tions 414, 421, and 434 of the Plant Protection otherwise noted. Act (7 U.S.C. 7714, 7731, and 7754).

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EPA. The U.S. Environmental Pro- regulated article in accordance with tection Agency. § 301.76-2(c). Established population. Presence of State. The District of Columbia, Puer- Asian citrus psyllid within an area to Rico, the Northern Mariana Islands, that the Administrator determines is or any State, territory, or possession of likely to persist for the foreseeable fu- the . ture. Inspector. An individual authorized § 301.76–2 Regulated articles for Asian by the Administrator to perform the citrus psyllid and citrus greening. duties required under this subpart. The following are regulated articles Interstate. From any State into or for Asian citrus psyllid and citrus through any other State. greening: Limited permit. A document issued by (a) All plants and plant parts (includ- an inspector or person operating under ing leaves), except fruit, of: Aegle a compliance agreement to allow the marmelos, Aeglopsis chevalieri, Afraegle interstate movement of regulated arti- gabonensis, A. paniculata, Amyris cles to a specified destination, for spec- madrensis, spp. (including ified handling, processing, or utiliza- Atalantia monophylla), Balsamocitrus tion. dawei, Bergera (=Murraya) koenigii, Moved (move, movement). Shipped, of- Calodendrum capense, Choisya ternate, C. fered for shipment, received for trans- arizonica, X Citroncirus webberi, Citropsis portation, transported, carried (wheth- articulata, Citropsis gilletiana, Citrus er on one’s person or by any other madurensis (= X means of conveyance), or allowed to be moved, shipped, transported, or car- microcarpa), Citrus spp., Clausena ried. For the purposes of this subpart, anisum-olens, C. excavata, C. indica, C. movements include any type of ship- lansium, Eremocitrus glauca, Eremocitrus ment, including mail and Internet hybrid, Esenbeckia berlandieri, commerce. Fortunella spp., , Nursery. Any commercial location Merrillia caloxylon, Microcitrus where nursery stock is grown, propa- australasica, M. australis, M. papuana, X gated, stored, maintained, or sold, or Microcitronella spp., Murraya spp., any location from which nursery stock Naringi crenulata, Pamburus missionis, is distributed. Poncirus trifoliata, , Nursery stock. Any plants or plant Swinglea glutinosa, Tetradium parts, excluding fruit, intended to be ruticarpum, Toddalia asiatica, planted, to remain planted, or to be re- trifolia, Vepris (=Toddalia) lanceolata, planted. Nursery stock includes, but is and . not limited to, trees, shrubs, cuttings, (b) Propagative seed of the grafts, scions, and buds. listed in paragraph (a) of this section is Person. Any association, company, considered a host of citrus greening but corporation, firm, individual, joint not a host of Asian citrus psyllid. stock company, partnership, society, Therefore, notwithstanding the other or other entity. provisions of this subpart, the move- Port. Any place designated by the ment of propagative seed of these spe- President, Secretary of the Treasury, cies from an area quarantined for cit- or Congress at which a Customs officer rus greening is prohibited, while the is assigned with authority to accept movement of such seed from an area entries of merchandise, to collect du- quarantined only for Asian citrus ties, and to enforce the various provi- psyllid, but not for citrus greening, is sions of the Customs and Navigation allowed without restriction. laws in force at that place. (c) Any other product, article, or Quarantined area. Any State or por- means of conveyance may be des- tion of a State designated as a quar- ignated a regulated article for Asian antined area for Asian citrus psyllid or citrus psyllid or citrus greening, if an citrus greening in accordance with inspector determines that it presents a § 301.76-3. risk of spreading these pests, and after Regulated article. Any article listed in the inspector provides written notifica- § 301.76-2 or otherwise designated as a tion to the person in possession of the

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