Animal and Plant Health Inspection Service, USDA § 301.76–1

(c) of this section, receive a payment psyllid, except in accordance calculated using the following rates: with this subpart.1

Payment § 301.76–1 Definitions. Type of certified nursery stock (dollars) Administrator. The Administrator of Seedlings ...... 0.18/plant. the Animal and Plant Health Inspec- Liners or rootstock ...... 1.50/plant. tion Service or any individual author- Budded field grown citrus plants 4.00/plant. Budded container/greenhouse cit- 4.50/plant. ized to act for the Administrator. rus plants. Animal and Plant Health Inspection Citrus nursery stock in containers Service (APHIS). The Animal and Plant for wholesale or retail sale: Health Inspection Service of the United 1 gallon ...... 5.00/container. 3 gallon ...... 10.00/container. States Department of Agriculture. 5 gallon ...... 15.00/container. Asian citrus psyllid. The insect known 7 gallon ...... 20.00/container. as Asian citrus psyllid (Diaphorina citri Larger than 7 gallon ...... 26.00/container. Kuwayama) in any stage of develop- ment. (c) How to apply for certified nursery Certificate. A document, stamp, or stock replacement funds. The form nec- other means of identification approved essary to apply for funds to replace cer- by APHIS and issued by an inspector or tified nursery stock may be obtained person operating under a compliance from any local citrus canker eradi- agreement when he or she finds that, cation program office in , or because of certain conditions, a regu- from the USDA Citrus Canker Eradi- lated article can be moved safely from cation Program, 6901 West Sunrise an area quarantined for Asian citrus Boulevard, Plantation, FL 33313. The psyllid and/or citrus greening without completed application should be ac- spreading the psyllid or the disease. companied by a copy of the public Citrus greening. A plant disease, also order directing the destruction of the commonly referred to as trees and its accompanying inventory Huanglongbing disease of citrus, that that describes the number and type of is caused by several strains of the the certified nursery stock removed. If uncultured, phloem-limited bacterial the certified nursery stock was planted pathogen ‘‘Candidatus Liberibacter in pots, the inventory should specify asiaticus’’. the size of the container. If the cer- Commercial citrus grove. A solid-set tified nursery stock was bare root planting of trees maintained for the plants or in a temporary container, the primary purpose of producing citrus inventory should specify whether the for commercial sale. plant was non-budded or budded. The Compliance agreement. A written completed application must be sent to agreement between APHIS and a per- the USDA Citrus Canker Eradication son engaged in the business of growing, Program, Attn: Commercial Compensa- maintaining, processing, handling, tion, 10300 Sunset Dr., Suite 150, packing, or moving regulated articles Miami, FL 33173. Claims for certified for interstate movement, in which the nursery stock must be received by Au- person agrees to comply with this sub- gust 7, 2006. part. For the purposes of this subpart, a memorandum of understanding is [71 FR 33172, June 8, 2006] considered a compliance agreement. EPA. The U.S. Environmental Pro- Subpart—Citrus Greening and tection Agency. Asian Citrus Psyllid Established population. Presence of Asian citrus psyllid within an area SOURCE: 75 FR 34332, June 17, 2010, unless otherwise noted. 1 In order to enforce this section, any prop- erly identified inspector is authorized to stop § 301.76 Restrictions on the interstate and inspect persons and means of conveyance movement of regulated articles. and to seize, quarantine, treat, apply other No person may move interstate from remedial measures to, destroy, or otherwise dispose of host articles as provided in sec- any quarantined area any articles reg- tions 414, 421, and 434 of the Plant Protection ulated for citrus greening and Asian Act (7 U.S.C. 7714, 7731, and 7754).

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that the Administrator determines is or any State, territory, or possession of likely to persist for the foreseeable fu- the . ture. [75 FR 34332, June 17, 2010, as amended at 77 Inspector. An individual authorized FR 59712, Oct. 1, 2012] by the Administrator to perform the duties required under this subpart. § 301.76–2 Regulated articles for Asian Interstate. From any State into or citrus psyllid and citrus greening. through any other State. The following are regulated articles Limited permit. A document issued by for Asian citrus psyllid and citrus an inspector or person operating under greening: a compliance agreement to allow the (a) All plants and plant parts (includ- interstate movement of regulated arti- ing leaves), except fruit, of: Aegle cles to a specified destination, for spec- marmelos, Aeglopsis chevalieri, Afraegle ified handling, processing, or utiliza- gabonensis, A. paniculata, Amyris tion. madrensis, Atalantia spp. (including Moved (move, movement). Shipped, of- Atalantia monophylla), Balsamocitrus fered for shipment, received for trans- dawei, Bergera (=Murraya) koenigii, portation, transported, carried (wheth- Calodendrum capense, Choisya ternate, C. er on one’s person or by any other arizonica, X Citroncirus webberi, Citropsis means of conveyance), or allowed to be articulata, Citropsis gilletiana, Citrus moved, shipped, transported, or car- madurensis (= X ried. For the purposes of this subpart, microcarpa), Citrus spp., Clausena movements include any type of ship- anisum-olens, C. excavata, C. indica, C. ment, including mail and Internet lansium, Eremocitrus glauca, Eremocitrus commerce. hybrid, Esenbeckia berlandieri, Nursery. Any commercial location Fortunella spp., Limonia acidissima, where nursery stock is grown, propa- Merrillia caloxylon, Microcitrus gated, stored, maintained, or sold, or australasica, M. australis, M. papuana, X any location from which nursery stock Microcitronella spp., Murraya spp., is distributed. Naringi crenulata, Pamburus missionis, Nursery stock. Any plants or plant Poncirus trifoliata, Severinia buxifolia, parts, excluding fruit, intended to be Swinglea glutinosa, Tetradium planted, to remain planted, or to be re- ruticarpum, Toddalia asiatica, planted. Nursery stock includes, but is trifolia, Vepris (=Toddalia) lanceolata, not limited to, trees, shrubs, cuttings, and . grafts, scions, and buds. (b) Propagative seed of the Person. Any association, company, listed in paragraph (a) of this section is corporation, firm, individual, joint considered a host of citrus greening but stock company, partnership, society, not a host of Asian citrus psyllid. or other entity. Therefore, notwithstanding the other Port. Any place designated by the provisions of this subpart, the move- President, Secretary of the Treasury, ment of propagative seed of these spe- or Congress at which a Customs officer cies from an area quarantined for cit- is assigned with authority to accept rus greening is prohibited, while the entries of merchandise, to collect du- movement of such seed from an area ties, and to enforce the various provi- quarantined only for Asian citrus sions of the Customs and Navigation psyllid, but not for citrus greening, is laws in force at that place. allowed without restriction. Quarantined area. Any State or por- (c) Any other product, article, or tion of a State designated as a quar- means of conveyance may be des- antined area for Asian citrus psyllid or ignated a regulated article for Asian citrus greening in accordance with citrus psyllid or citrus greening, if an § 301.76-3. inspector determines that it presents a Regulated article. Any article listed in risk of spreading these pests, and after § 301.76-2 or otherwise designated as a the inspector provides written notifica- regulated article in accordance with tion to the person in possession of the § 301.76-2(c). product, article, or means of convey- State. The District of Columbia, Puer- ance that it is subject to the restric- to Rico, the Northern Mariana Islands, tions of this subpart.

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