61735 Rules and Regulations Federal Register Vol. 69, No. 203 Thursday, October 21, 2004 This section of the FEDERAL REGISTER Background authorized by the Plant Protection Act contains regulatory documents having general Under the Honeybee Act (7 U.S.C. concerning the importation of certain applicability and legal effect, most of which bees, beekeeping byproducts, and used are keyed to and codified in the Code of 281–286), the Secretary of Agriculture is authorized to prohibit or restrict the beekeeping equipment are contained in Federal Regulations, which is published under 7 CFR part 319, §§ 319.76 through 50 titles pursuant to 44 U.S.C. 1510. importation of honeybees and honeybee semen to prevent the introduction into 319.76–8 (referred to below as the The Code of Federal Regulations is sold by the United States of diseases and ‘‘pollinator regulations’’). the Superintendent of Documents. Prices of parasites harmful to honeybees and of The pollinator regulations have new books are listed in the first FEDERAL undesirable species such as the African governed the importation of live bees REGISTER issue of each week. honeybee. The Secretary has delegated other than honeybees, dead bees of the responsibility for administering the superfamily Apoidea, certain Honeybee Act to the Administrator of beekeeping byproducts, and beekeeping DEPARTMENT OF AGRICULTURE the Animal and Plant Health Inspection equipment. These regulations have been intended to prevent the introduction of Animal and Plant Health Inspection Service (APHIS) of the U.S. Department exotic bee diseases and parasites that, if Service of Agriculture (USDA). Regulations established under the Honeybee Act are introduced into the United States, could cause substantial reductions in 7 CFR Parts 319 and 322 contained in the Code of Federal Regulations (CFR), Title 7, part 322 pollination by bees. Reductions in (referred to below as the ‘‘honeybee pollination by bees could indirectly [Docket No. 98–109–2] regulations’’). cause serious damage to crops and other plants. RIN 0579–AB20 Regulations Covering Bees and The pollinator regulations have Honeybees allowed bees other than honeybees; Bees and Related Articles The honeybee regulations have dead bees; used bee boards, hives, nests, AGENCY: Animal and Plant Health allowed the unrestricted importation and nesting material; used beekeeping Inspection Service, USDA. into the United States of honeybees and equipment; beeswax; pollen for bee honeybee semen from Canada, but feed; and honey for bee feed to be ACTION: Final rule. placed stringent requirements on the imported into the United States from SUMMARY: We are amending the importation of these products from Canada without restriction, but have regulations for the importation of other countries. Honeybee imports from restricted the importation of these honeybees and honeybee semen and the any country other than Canada have articles from other countries. regulations governing the importation of been allowed only if the bees are Specifically, the pollinator regulations bees other than honeybees, certain imported by the USDA for experimental have provided for the importation of beekeeping byproducts, and used or scientific purposes. Honeybee semen these articles from any country other beekeeping equipment. Among other could be imported by the USDA for than Canada only if they are imported things, we are allowing honeybees from experimental or scientific purposes or by USDA for experimental or scientific Australia and honeybees and honeybee by another person or group only if the purposes or if they are imported under germ plasm from New Zealand to be semen was imported from Australia, permit and meet certain documentation, imported into the continental United Bermuda, France, Great Britain, or inspection, treatment, packaging, States under certain conditions, Sweden and met certain documentation, notification, and port of entry imposing certain conditions on the packaging, inspection, notification, and requirements. port of entry requirements. Honeybees importation into the United States of Proposed Rule and Responses to and honeybee semen from New Zealand bees and related articles from Canada, Comments and prohibiting both the interstate have been allowed to transit the United movement and importation of States en route to another destination in On August 19, 2002, we published in honeybees into Hawaii. This action also accordance with certain documentation, the Federal Register (67 FR 53844– consolidates all of our regulations packaging, handling, notification, and 53867, Docket No. 98–109–1) a proposal concerning all bees in the superfamily port of entry requirements, but entry has to amend the regulations by revising the Apoidea. These changes are intended to not been allowed. honeybee regulations and the pollinator make these regulations more consistent Under the Plant Protection Act (7 regulations. Among other things, we with international standards, update U.S.C. 7701–7772), the Secretary of proposed to allow honeybees from them to reflect current research and Agriculture is authorized to prohibit or Australia and honeybees and honeybee terminology, and simplify them and restrict the importation, entry, germ plasm from New Zealand to be make them more useful. exportation, or movement in interstate imported into the United States under commerce of plant pests and other certain conditions, to impose certain DATES: November 22, 2004. articles to prevent the introduction of conditions on the importation into the FOR FURTHER INFORMATION CONTACT: Dr. plant pests into the United States or United States of bees and related articles Wayne F. Wehling, Entomologist, Pest their dissemination within the United from Canada, and to prohibit the Permit Evaluations, PPQ, APHIS, 4700 States. The Secretary has delegated interstate movement of honeybees into River Road Unit 133, Riverdale, MD responsibility for administering the Hawaii. We also proposed to 20737–1236; (301) 734–8757. Plant Protection Act to the consolidate the honeybee regulations SUPPLEMENTARY INFORMATION: Administrator of APHIS. Regulations and the pollinator regulations by VerDate jul<14>2003 15:16 Oct 20, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\21OCR1.SGM 21OCR1 61736 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations combining both into part 322. These APHIS has worked extensively with methodological constraints would changes were intended to make these the Australian Quarantine and prevent the inspection procedures from regulations more consistent with Inspection Service (AQIS) and with being conducted with the rigor international standards, update them to MAF both in the preparation of the necessary to prevent the accidental reflect current research and country-specific pest risk assessments introduction of unwanted organisms terminology, and simplify them and (PRAs) and these revised regulations. into the United States. A commenter make them more useful. The PRAs did not reveal any bee argued that within the prescribed 10- We solicited comments concerning pathogens, parasites, or disease strains day period preceding export, the our proposal for 90 days ending in either Australia or New Zealand that exporting country’s authorities would November 18, 2002. We received 308 are not already present in the only have time to do visual inspections written comments by that date, most of continental United States. The Varroa of the bees, and the necessary laboratory which expressed opposition to our mite found in New Zealand and the procedures would not be performed. proposal. They were from beekeepers, European foulbrood found in Australia Other commenters expressed skepticism beekeepers’ associations, researchers, were both determined to be identical to that there would be sufficient numbers and representatives of State and foreign the strains already present in the of inspectors available during a governments. These comments, as well continental United States. Moreover, the shipping season to conduct even visual introduction of exotic bee species or as oral comments presented at three inspections of individual hives within subspecies is extremely unlikely given public hearings on the proposed rule, 10 days prior to shipment. A minimal the importation restrictions and are discussed below by topic. inspection of bees for known diseases inspection regimes already in place in The largest group of commenters who and parasites, suggested another opposed the proposed rule expressed Australia and New Zealand. Both countries have strong beekeeping commenter, requires a combination of the concern that by allowing imports of field and laboratory examinations. honeybees from Australia and New organizations with good government support. We are confident, therefore, Certain parasites and diseases (e.g., Zealand, APHIS risked letting in disease Varroa mites and foulbrood diseases) organisms, mites and other bee that the provisions we have developed will prevent the introduction of new can be diagnosed in the field by trained parasites, hitchhiker insects, and personnel, but the absolute Africanized bees. Issues raised by these exotic bee diseases into the continental United States. If new maladies or identification of the bacteria responsible commenters included the adequacy of for American foulbrood disease and the surveillance programs of Australia problems are detected, appropriate measures will be taken. For reasons that European foulbrood disease would and New Zealand,