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
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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 spurred as free of ticks. If we decide to pursue establish practical, effective treatment tortoise, and Bell’s hingeback tortoise a certification program, we will publish and biosecurity controls for tortoises because interception records from 1995- a proposed rule for public comment in and other reptiles. Florida’s protocols 1999 report that 90 percent of the the Federal Register. will offer us important data as we build tropical bont ticks, African tortoise However, at this time, because it is our national program. However, until ticks, and ticks of the species impossible to certify that a tortoise has our treatment and biosecurity controls Amblyomma sparsum found on reptiles been captive-bred based on a visual are in place, we believe that it is entering the United States occurred on inspection of the tortoise, we are making necessary to continue to prohibit the these three species of land tortoise. no changes to the interim rules in importation into the United States of Further, tortoises generally live response to this comment. leopard tortoise, African spurred outdoors, unlike most other reptiles and Comment: You should limit the tortoise, and Bell’s hingeback tortoise. amphibians, and, therefore, obviously prohibition on the importation of Therefore, we are making no changes to present a greater risk of coming into leopard tortoises, African spurred the interim rules in response to this contact with and spreading ticks to tortoises, and Bell’s hingeback tortoises comment. other potential hosts. to only those tortoises imported from Comment: Exotic ticks known to be Regarding the commenter’s alternate Africa. vectors of heartwater disease cannot suggestion, we fear that limiting our Response: International trade in survive in all climates. Therefore, you prohibition on the importation of leopard tortoises, African spurred should allow the importation of leopard leopard tortoises, African spurred tortoises, and Bell’s hingeback tortoises tortoise, African spurred tortoise, and tortoises, and Bell’s hingeback tortoises is very active. We fear that limiting our Bell’s hingeback tortoise to States where to only those tortoises imported from prohibition on the importation of the climate ensures that the ticks will countries known to have heartwater leopard tortoises, African spurred not survive. disease would encourage transshipment tortoises, and Bell’s hingeback tortoises Response: Leopard tortoises, African of these animals from those countries to only those tortoises imported from spurred tortoises, and Bell’s hingeback through countries known to be free of Africa would encourage transshipment tortoises need a specific temperature heartwater disease to the United States. of these animals from Africa through and humidity range for survival, and Our wider prohibition on the other countries to the United States. Our that range adequately supports the importation of leopard tortoises, African wider prohibition on the importation of survival of ticks. Therefore, although it spurred tortoises, and Bell’s hingeback leopard tortoises, African spurred is true that owners of these tortoises tortoises from all foreign regions ensures tortoises, and Bell’s hingeback tortoises may live in areas with climates that that these tortoises will not be from all foreign regions ensures that seasonally do not support exotic ticks transshipped and, therefore, provides these tortoises will not be transshipped known to be vectors of heartwater protection against the introduction of and, therefore, provides protection disease (such as the northernmost exotic ticks into the United States. against the introduction of exotic ticks United States during the winter Therefore, we are making no changes into the United States. Therefore, we are months), these owners must house their to the interim rules in response to this making no changes to the interim rules tortoises indoors, where ticks can easily comment. in response to this comment. survive on their host during harsh, Comment: U.S. exporters, in an effort Comment: Florida, the location of the inclement, or otherwise unsuitable to profit from the huge demand for primary U.S. port of entry for weather. Because of this, it is possible turtle meat in many Asian countries, importations of leopard tortoise and that when the season changes and an may decimate our native tortoise African spurred tortoise, developed a indoor tortoise is placed outside, that populations. Therefore, you should also comprehensive set of protocols for tortoise may still carry ticks that could ban the exportation of tortoises from the imported tortoises. The set of protocols act as vectors of heartwater disease to United States. includes mandatory inspection of all local wildlife or livestock. Therefore, we Response: This comment requests an shipments of tortoises and treatment are making no changes to the interim action outside of our authority. and quarantine of all shipments found rules in response to this comment. Therefore, we are making no changes to to possess ticks. The set of protocols has Comment: You should also prohibit the interim rules in response to this proven effective in ensuring that the importation of Savannah monitor comment.
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Comment: Ensuring that tortoises are mean that, at the outset of such a movement of leopard tortoises, African free of ticks before importation or program, we would have to spend time spurred tortoises, and Bell’s hingeback interstate movement may not be enough establishing the criteria we would use to tortoises. Therefore, we are amending to protect against the introduction or determine the order of such inspections. the second interim rule by allowing spread of heartwater disease via In addition, the inspections would have only an accredited veterinarian to sign tortoises. Research points out that an to be conducted on a regular basis, such the health certificate for the interstate African tortoise was infected with as annually or every other year, to movement of leopard tortoises, African heartwater rickettsia and remained a ensure that facilities remain free of spurred tortoises, and Bell’s hingeback latent carrier, infective to ticks, for at ticks. Instead, we elected through our tortoises. Further, in order to ensure that least 3 months. In addition, at least second interim rule to allow the those tortoises are accompanied by a three ticks native to the United States interstate movement of leopard tortoise, health certificate that can be reasonably have been shown experimentally to be African spurred tortoise, and Bell’s expected to reflect their status at the vectors of the rickettsia. hingeback tortoise if they were time they are moved interstate, we are Therefore, a tick-free tortoise infected accompanied by a health certificate also amending the second interim rule with the rickettsia could infect native signed by a Federal or accredited to state that the certificate must be ticks, which could in turn transmit the veterinarian stating that the tortoises signed within the 30 days prior to the disease to domestic livestock or had been examined by that veterinarian interstate movement. wildlife. Any changes made to the and found free of ticks. We believe that Comment: You should change the prohibition on importation and this system ensured that every breeder’s name of the certificate required for the interstate movement of leopard tortoise, tortoises could move interstate as interstate movement of leopard tortoise, African spurred tortoise, and Bell’s quickly as possible following the African spurred tortoise, and Bell’s hingeback tortoise should include either effective date of the second interim rule hingeback tortoise. Instead of ‘‘health a test for infection in tortoises, a and, therefore, provided a method to certificate,’’ you should call it a minimum period of quarantine for allow interstate movement of these ‘‘certificate of veterinary inspection.’’ tortoises, or a course of antibiotics. tortoises that is fair to all affected Response: ‘‘Health certificate’’ is the Response: According to Dr. Michael breeders. Therefore, we are making no term we use most often in our Burridge, very recent research changes to the interim rules in response regulations and is consistent with our (unpublished data) conducted in to this comment. approved forms. However, we agree that Zimbabwe in conjunction with the Comment: In addition to Federal and a certificate of veterinary inspection, University of Florida indicates that accredited veterinarians, you should which is used by many States, would leopard tortoise is not a carrier of allow also State veterinarians to also provide the necessary certification heartwater disease. Further, we have no examine leopard tortoises, African that tortoises have been examined by an evidence that either African spurred spurred tortoises, or Bell’s hingeback accredited veterinarian and found free tortoise or Bell’s hingeback tortoise is a tortoises and sign the health certificate of ticks. Therefore, we are amending the carrier of the disease. Therefore, we are required for their interstate movement. regulations to allow the accredited making no changes to the interim rules Response: We believe that State veterinarian to sign either a health in response to this comment. veterinarians should not sign health certificate or a certificate of veterinary Comment: Instead of issuing health certificates for the interstate movement inspection for the interstate movement certificates for each shipment of leopard of leopard tortoise, African spurred of leopard tortoise, African spurred tortoises, African spurred tortoises, and tortoise, or Bell’s hingeback tortoise for tortoise, and Bell’s hingeback tortoise. Bell’s hingeback tortoises moving three reasons. First, several States have Therefore, for the reasons given in the interstate, you should inspect each indicated to APHIS that they believe interim rules and in this document, we tortoise breeder’s facility, certify those that the time spent performing the are adopting the interim rules as a final facilities that are free of ticks, and then thorough inspection that would be rule, with the changes discussed in this allow tortoises to be moved interstate required prior to the issuance of a health document. from certified facilities without further certificate would take time away from Effective Date restrictions. This would significantly the State veterinarian’s primary mission reduce expenses for breeders who move activities. Second, if State veterinarians Pursuant to the administrative their tortoises interstate. were allowed to sign these health procedure provisions in 5 U.S.C. 553, Response: If we were to allow certificates, many accredited we find good cause for making this rule interstate movement of these tortoises veterinarians, who are generally private effective less than 30 days after based on inspection of each tortoise practitioners, would lose business, and publication in the Federal Register. The breeder’s facility and certification that its accompanying revenue, to State interim rules adopted as final by this facilities are free of ticks, then APHIS veterinarians. Third, and perhaps most rule were effective on March 22, 2000, personnel would have to inspect each important, we believe that accredited and July 17, 2000. This rule revises the facility and all of its tortoises. We would veterinarians who have experience second interim rule by allowing the likely not approve other individuals to dealing with tortoises and other reptiles certificate for interstate movement to be conduct these inspections. Therefore, it can perform a more knowledgeable and either a health certificate or a certificate would take us months, if not years, to thorough examination of leopard of veterinary inspection and by complete these initial inspections. This tortoises, African spurred tortoises, or providing that only an accredited would mean that while many breeders Bell’s hingeback tortoises than could veterinarian may sign the certificate. wait for an undetermined amount of many State and Federal veterinarians, Immediate action is necessary to relieve time to move their tortoises interstate, who are less likely to have experience an unnecessary burden on Federal which would increase expenses for with tortoises and other reptiles. Upon veterinarians, who cannot be these breeders, a few breeders would be further consideration, we also believe compensated through user fees for the free to move their tortoises interstate that these same reasons provide a sound time they spend inspecting and and reap the profits that may be basis for withdrawing Federal certifying tortoises for interstate associated with a smaller supply of veterinarians from those eligible to sign movement. Therefore, the Administrator these types of tortoises. This would also the health certificate for the interstate of the Animal and Plant Health
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Inspection Service has determined that species of tortoises. The health 2. Section 74.1 is revised to read as this rule should be effective upon certificate will also help ensure the follows: publication in the Federal Register. acceptability of these animals in international markets and prevent the § 74.1 General prohibition. Executive Order 12866 and Regulatory spread of exotic ticks known to be The interstate movement of leopard Flexibility Act vectors of heartwater disease, an acute tortoise (Geochelone pardalis), African This rule has been reviewed under infectious disease of ruminants, spurred tortoise (Geochelone sulcata), Executive Order 12866. The rule has including cattle, sheep, goats, white- and Bell’s hingeback tortoise (Kinixys been determined to be not significant for tailed deer, and antelope. belliana) is prohibited except when tortoises are accompanied by either a the purposes of Executive Order 12866 Heartwater disease has a 60 percent or health certificate or a certificate of and, therefore, has not been reviewed by greater mortality rate in livestock and a veterinary inspection. The health the Office of Management and Budget. 90 percent or greater mortality rate in The United States accounts for about certificate or certificate of veterinary white-tailed deer. The direct 80 percent of the world’s live reptile inspection must be signed by an contribution of the U.S. livestock trade. In 1998, a total of 1,921,272 accredited veterinarian within 30 days industry to the gross domestic product reptiles were imported, valued at prior to the interstate movement and is close to $60 billion; with indirect and approximately $6.37 million. Of these, must state that the tortoises have been induced impacts taken into account, turtles, including tortoises, accounted examined by that veterinarian and that figure could reach about $150 for about 26.5 percent of imports. Three found free of ticks. billion. Considering the virulence and states, California (48 percent), Florida high mortality rate of heartwater Done in Washington, DC, this 11th day of (33.2 percent), and Louisiana (11.7 disease, its introduction and spread in July 2001. percent), accounted for nearly 93 (Approved by the Office of Management and percent of turtle imports. Almost all the United States could have severe economic consequences, even when a Budget under control number 0579–0156) turtles imported into the United States Bobby R. Acord, are wild caught. less than worst-case scenario is considered. Thus, the costs associated Acting Administrator, Animal and Plant The United States exports about 9 Health Inspection Service. million live reptiles annually. Red-eared with this rule are far outweighed by the [FR Doc. 01–17841 Filed 7–16–01; 8:45 am] slider turtles make up about 85 percent benefits of maintaining the United of these exports every year. South States’ freedom from heartwater disease. BILLING CODE 3410–34–U Korea, Japan, and European countries Under these circumstances, the are the major importers of U.S. turtles. Administrator of the Animal and Plant However, Canada appears to be the Health Inspection Service has DEPARTMENT OF TRANSPORTATION determined that this action will not major importer of leopard tortoise, Federal Aviation Administration African spurred tortoise, and Bell’s have a significant economic impact on a substantial number of small entities. hingeback tortoise. In 1995, the United 14 CFR Part 23 States exported to Canada 32 leopard This final rule also affirms the tortoises, 527 African spurred tortoises, information contained in the interim [Docket No. CE168, Special Condition 23– and 2,332 Bell’s hingeback tortoises. rules concerning Executive Orders 108–SC] During the same year, U.S. imports of 12372 and 12988. Special Conditions; Raytheon C90A; these species were 2,683, 1,223, and Paperwork Reduction Act Protection of Systems for High 952, respectively. In 1996, between 1.5 million and 2.5 The information collection and Intensity Radiated Fields (HIRF) million households in the United States recordkeeping requirements included in AGENCY: Federal Aviation owned various reptiles as pets. Of these, this rule have been approved by the Administration (FAA), DOT. about 534,000 households, or about 35 Office of Management and Budget ACTION: Final special conditions; request percent, owned a total of 950,000 (OMB) under control number 0579– for comments. turtles, including tortoises. Overall, 0156. turtles represented about 27 percent of SUMMARY: These special conditions are List of Subjects in 9 CFR Part 74 the total reptile pet population. The issued to Raytheon Aircraft Services, prices paid for turtles ranged between Animal diseases, Livestock, Inc., 1115 Paul Wilkens Road, San $25 and $750, depending on species, Quarantine, Reporting and Antonio, Texas, 78216, for a size, and age. Between 1993 and 1996, recordkeeping requirements, Supplemental Type Certificate for the the average price in the United States Transportation. Raytheon C90A airplane. This airplane for a leopard tortoise was $190, for an Accordingly, the interim rules will have novel and unusual design African spurred tortoise $578, and for a amending 9 CFR part 74 which were features when compared to the state of Bell’s hingeback tortoise $35. published at 65 FR 15216–15218 on technology envisaged in the applicable This rule will require persons wishing March 22, 2000, and 65 FR 45275– airworthiness standards. These novel to move these tortoises interstate to 45277 on July 21, 2000, are adopted as and unusual design features include the acquire a health certificate or a a final rule with the following changes: installation of electronic flight certificate of veterinary inspection from instrument system (EFIS) displays an accredited veterinarian. We estimate PART 74—PROHIBITION OF manufactured by Collins for which the that a certificate will cost about $25 to INTERSTATE MOVEMENT OF LAND applicable regulations do not contain $50 for the first tortoise, plus $2 to $5 TORTOISES adequate or appropriate airworthiness for each additional tortoise in the standards for the protection of these shipment. These costs are small when 1. The authority citation for part 74 is systems from the effects of high compared to the potential losses in revised to read as follows: intensity radiated fields (HIRF). These revenue and animals that could result Authority: 21 U.S.C. 111–113, 114a, 115, special conditions contain the from a reinstitution of the prohibition 117, 120, 122–126, 134b, 134f; 7 CFR 2.22, additional safety standards that the on the interstate movement of these 2.80, and 371.4. Administrator considers necessary to
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