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Federal Register/Vol. 66, No. 137/Tuesday, July 17, 2001/Rules Federal Register / Vol. 66, No. 137 / Tuesday, July 17, 2001 / Rules and Regulations 37125 of this section, the scope of the by providing that only an accredited veterinarian and found free of ticks. reopened proceeding shall be limited to veterinarian may sign the certificate. This action was necessary to enable the a determination of the alien’s eligibility This action is necessary to enable the export, interstate commerce, health care, for suspension of deportation or export, interstate commerce, health care, and adoption of these types of tortoises cancellation of removal pursuant to and adoption of these types of tortoises while providing protection against the section 309(h)(1) of IIRIRA, as amended while providing protection against the spread of exotic ticks known to be by section 1505(c) of the LIFE Act spread of exotic ticks known to be vectors of heartwater disease. Amendments. vectors of heartwater disease. This We solicited comments on our second (3) If the Board has jurisdiction and action will also relieve an unnecessary interim rule for 60 days, ending grants only the motion to reopen filed burden on Federal veterinarians. September 19, 2000. We received two pursuant to paragraph (f) of this section, EFFECTIVE DATE: July 17, 2001. comments by that date. They were from a State department of agriculture and an it shall remand the case to the FOR FURTHER INFORMATION CONTACT: Dr. Immigration Court solely for D. D. Wilson, Senior Staff Entomologist, association. We discuss the comments adjudication of the application for Emergency Programs, VS, APHIS, 4700 we received on the second interim rule, as well as comments we received on the suspension of deportation or River Road Unit 41, Riverdale, MD first interim rule that were not cancellation of removal pursuant to 20737–1231; (301) 734–8073. section 309(h)(1) of IIRIRA, as amended addressed by the action we took in the by section 1505(c) of the LIFE Act SUPPLEMENTARY INFORMATION: second interim rule, below. Amendments. Background Public Comments on Interim Rules (4) Nothing in this section shall be On March 22, 2000, we published in interpreted to preclude or restrict the Comment: You should allow the the Federal Register (65 FR 15216– importation of leopard tortoise, African applicability of any other exceptions 15218, Docket No. 00–016–1) an interim regarding motions to reopen that are spurred tortoise, and Bell’s hingeback rule that prohibits, until further notice, tortoise with veterinary inspection and provided for in 8 CFR 3.2(c)(3) and the importation of the following 3.23(b). certification that the tortoises have been tortoises into the United States: All found free of ticks. This would allow Dated: June 28, 2001. species and subspecies of leopard the importation of these tortoises while John Ashcroft, tortoise (Geochelone pardalis), African protecting against the introduction of Attorney General. spurred tortoise (Geochelone sulcata), exotic ticks and could help decrease the [FR Doc. 01–16767 Filed 7–16–01; 8:45 am] and Bell’s hingeback tortoise (Kinixys potential for smuggled tortoises. BILLING CODE 4410–30–P belliana). The interim rule also Response: Allowing the importation prohibits the interstate movement of all of leopard tortoise, African spurred species and subspecies of these land tortoise, and Bell’s hingeback tortoise DEPARTMENT OF AGRICULTURE tortoises. These prohibitions were with veterinary inspection and established in order to prevent the certification that the tortoises have been Animal and Plant Health Inspection spread of exotic ticks known to be found free of ticks would require long- Service vectors of heartwater disease, an acute term preparation both for exporting infectious disease of ruminants. regions and for the United States. 9 CFR Part 74 We solicited comments on our interim Currently, most regions, including the rule for 60 days, ending May 22, 2000. United States, do not have a national [Docket No. 00–016–3] We received 53 comments by that date. export certification program for reptiles. Importation and Interstate Movement They were from tortoise breeders and Establishing such a program would of Certain Land Tortoises owners, representatives of the reptile require time, resources, and review by industry, animal advocacy groups, and trading partners of the proposed AGENCY: Animal and Plant Health other interested individuals. Many components of the program. We are in Inspection Service, USDA. commenters supported the prohibition the process of determining whether ACTION: Final rule. on importation of these tortoises, but regions that export reptiles to the United most expressed concerns about the States have any interest in establishing SUMMARY: We are adopting as a final effect of prohibiting the interstate export certification programs. rule, with two changes, two interim movement of these tortoises. Because of In addition, if we were to allow the rules concerning the importation and the prohibition on interstate movement, importation of leopard tortoise, African interstate movement of certain land these tortoises could not be moved spurred tortoise, and Bell’s hingeback tortoises. The first interim rule interstate for sale, health care, or tortoise with veterinary inspection and established regulations to prohibit the adoption. In addition, many domestic certification that the tortoises have been importation and interstate movement of tortoise breeders who must move their found free of ticks, we would have to leopard tortoise, African spurred tortoises interstate prior to exporting hire additional port personnel and train tortoise, and Bell’s hingeback tortoise. them could no longer export these our inspectors to examine documents, The second interim rule amended the tortoises. as well as tortoises, at U.S. ports of regulations by allowing the interstate Based on these comments, on July 21, entry. We would also have to ensure movement of these land tortoises if they 2000, we published in the Federal that adequate facilities for tortoise were accompanied by a health Register (65 FR 45275–45277, Docket inspection are available at U.S. ports. At certificate signed by a Federal or No. 00–016–2) an interim rule that this time, we do not have the resources accredited veterinarian stating that the allowed the interstate movement of necessary to implement such a program, tortoises have been examined by that leopard tortoise, African spurred but we are working to establish effective veterinarian and found free of ticks. tortoise, and Bell’s hingeback tortoise if treatment and biosecurity controls for This document amends the second they were accompanied by a health tortoises and other reptiles. Until those interim rule by allowing that certificate certificate signed by a Federal or treatment and biosecurity controls are in to be either a health certificate or a accredited veterinarian stating that the place, we believe that it is necessary to certificate of veterinary inspection and tortoises had been examined by that continue to prohibit the importation VerDate 11<MAY>2000 16:21 Jul 16, 2001 Jkt 194001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM pfrm04 PsN: 17JYR1 37126 Federal Register / Vol. 66, No. 137 / Tuesday, July 17, 2001 / Rules and Regulations into the United States of leopard imported tortoises do not introduce lizards, plated lizards, ball pythons, and tortoise, African spurred tortoise, and exotic ticks into the United States. You other reptiles and amphibians that may Bell’s hingeback tortoise. should allow the importation of leopard carry exotic ticks known to be vectors of Therefore, we are making no changes tortoise, African spurred tortoise, and heartwater disease. Alternately, you to the interim rules in response to this Bell’s hingeback tortoise under a similar could prohibit the importation of all comment. set of protocols. reptiles and amphibians from regions Comment: You should prohibit the Response: If we were to allow the known to have heartwater disease and importation and interstate movement of importation of leopard tortoise, African allow the importation of reptiles and only wild-caught leopard tortoises, spurred tortoise, and Bell’s hingeback amphibians from regions that do not African spurred tortoises, and Bell’s tortoise under a set of protocols like the have heartwater disease with veterinary hingeback tortoises. If a tortoise can be one Florida developed, we would have inspection and certification that the documented or certified as captive-bred, to hire additional port personnel and reptiles or amphibians have been found it should be allowed to be imported and train our inspectors to examine tortoises free of ectoparasites. to move interstate without restrictions. at U.S. ports of entry. We would also Response: We are gathering Response: We are considering a have to ensure that adequate facilities information on whether other reptiles certification program for captive-bred for tortoise inspection and quarantine and amphibians present a risk of tortoises. Before instituting such a are available at U.S. ports throughout introducing exotic ticks known to be program, however, we would need to the country. At this time, we do not vectors of heartwater disease into the develop standards for establishments have the resources necessary to United States. At this time, however, we that breed tortoises in captivity and to implement this kind of national are prohibiting the importation of only inspect and certify those establishments program, but we are working to leopard tortoise, African
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