[Federal Register: May 10, 2004 (Volume 69, Number 90)]
[Rules and Regulations]
[Page 25820-25826]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my04-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 93, 94, and 95
[Docket No. 04-011-1]
Highly Pathogenic Avian Influenza; Additional Restrictions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations concerning the importation of
animals and animal products to prohibit or restrict the importation of
birds, poultry, and unprocessed bird and poultry products from regions
that have reported the presence of the H5N1 subtype of highly
pathogenic avian influenza and to establish additional permit and
quarantine requirements for U.S. origin pet birds and performing or
theatrical birds and poultry returning to the United States. This
action is necessary to prevent the introduction of highly pathogenic
avian influenza subtype H5N1 into the United States.
DATES: This interim rule was effective February 4, 2004. We will
consider all comments that we receive on or before July 9, 2004.
ADDRESSES: You may submit comments by any of the following methods:
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-011-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 04-011-1.
E-mail: Address your comment to
regulations@aphis.usda.gov. Your comment must be contained in the body
of your message; do not send attached files. Please include your name
and address in your message and ``Docket No. 04-011-1'' on the subject
line.
Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html
for a form you can use to submit an e-mail comment through
the APHIS Web site.
Federal eRulemaking Portal: Go to http://www.regulations.gov and
follow the instructions for locating this docket and submitting
comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
and individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: For information concerning bird and
poultry products, contact Dr. Tracye Butler, Senior Staff Veterinarian,
National Center for Import and Export, VS, APHIS, 4700 River Road Unit
40, Riverdale, MD 20737-1231; (301) 734-3277.
For information concerning live birds and poultry, contact Dr.
Julie Garnier, Staff Veterinarian, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231;
(301) 734-8364.
SUPPLEMENTARY INFORMATION:
Background
The Animal and Plant Health Inspection Service (APHIS) of the
United States Department of Agriculture (USDA or the Department)
regulates the importation of animals and animal products into the
United States to guard against the introduction of animal diseases. The
regulations in 9 CFR parts 93, 94, and 95 (referred to below as the
regulations) govern the importation of certain animals, birds, poultry,
meat, other animal products and byproducts, hay, and straw into the
United States in order to prevent the introduction of various animal
diseases, including avian influenza (AI).
There are many strains of AI virus that can cause varying degrees
of clinical illness in poultry. AI viruses can infect chickens,
turkeys, pheasants, quail, ducks, geese, and guinea fowl, as well as a
wide variety of other birds. Migratory waterfowl have proved to be the
natural reservoir for this disease.
AI viruses can be classified into low pathogenic (LPAI) and highly
pathogenic (HPAI) forms based on the
[[Page 25821]]
severity of the illness they cause. Most AI virus strains are LPAI and
typically cause little or no clinical signs in infected birds. However,
some LPAI virus strains are capable of mutating under field conditions
into HPAI viruses.
HPAI is an extremely infectious and fatal form of the disease for
chickens. HPAI can strike poultry quickly without any infection warning
signs and, once established, the disease can spread rapidly from flock
to flock. HPAI viruses can also be spread by manure, equipment,
vehicles, egg flats, crates, and people whose clothing or shoes have
come in contact with the virus. HPAI viruses can remain viable at
moderate temperatures for long periods in the environment and can
survive indefinitely in frozen material. One gram of contaminated
manure can contain enough virus to infect 1 million birds.
In some instances, strains of HPAI viruses can be infectious to
people. Human infections with AI viruses under natural conditions have
been documented in recent years. Since December 2003, a growing number
of Southeast Asian countries have reported outbreaks of HPAI
responsible for the deaths of millions of birds and at least 22 humans.
The rapid spread of HPAI, with outbreaks occurring at the same time
in a number of regions, is historically unprecedented and of growing
concern for human and animal health. According to the World Health
Organization, particularly alarming is the HPAI strain of most of these
outbreaks, H5N1, which has crossed the species barrier and caused
severe disease, with high mortality, in humans. The current avian flu
outbreaks have caused significant concern among health authorities
worldwide because of the potential for the human and avian flu viruses
to swap genes, creating a new virus to which humans would have little
or no immunity.
The regulations in Sec. 94.6 restrict the importation of
carcasses, parts or products of carcasses, and eggs (other than
hatching eggs) of poultry, game birds, or other birds from regions
where exotic Newcastle disease (END) exists. These regulations have
thus far been effective in preventing the introduction of HPAI in the
United States because all regions experiencing outbreaks of HPAI are
also regions where END exists. However, because of the increasing
threat of introducing HPAI into the United States, we have determined
that stronger safeguards are needed. These additional safeguards will
apply to all unprocessed bird and poultry carcasses, parts, and
products from regions where HPAI subtype H5N1 is considered to exist,
as well as to U.S. origin pet birds and performing or theatrical birds
and poultry returning to the United States.
Pet Birds of U.S. Origin
The current regulations in Sec. 93.101 call for a 30-day home
quarantine for all U.S. origin pet birds returning to the United States
after spending more than 60 days in another region and a veterinary
inspection at the port of entry for such birds returning to the United
States after spending not more than 60 days in another country. We are
amending the regulations to require all pet birds of U.S. origin that
have spent any length of time in a region reporting incidents of HPAI
subtype H5N1 to undergo a 30-day quarantine at a USDA facility.
In addition, we are requiring that all U.S. origin pet birds
returning from any region, except for such birds returning from Canada
and Mexico through a land border port, be accompanied by an import
permit issued by APHIS. We are not requiring an import permit for U.S.
origin pet birds returning to the United States from Canada or Mexico
through a land border port because those birds are subject to an
examination by an APHIS veterinarian at the border prior to entry; pet
birds returning to the United States through an airport are not
examined until they have already entered the country. This import
permit will ensure that U.S. origin pet birds undergo appropriate
examinations, including being swabbed for HPAI and END, before entering
the United States. We believe these measures will mitigate the risk of
introducing HPAI subtype H5N1 into the United States.
Performing and Theatrical Birds and Poultry of U.S. Origin
Currently, the regulations in part 93 do not require U.S. origin
performing and theatrical birds and poultry to have an import permit or
undergo a quarantine when returning to the United States from another
region. For the same reasons discussed above with respect to pet birds,
we are amending the regulations in Sec. Sec. 93.101 and 93.201 to
require U.S. origin performing or theatrical birds or poultry returning
from any region, except for such birds or poultry returning from Canada
or Mexico through a land border port, to be accompanied by an import
permit. We are also adding requirements that U.S. origin performing and
theatrical poultry returning from regions where HPAI subtype H5N1
exists undergo a 30-day quarantine at a USDA facility. U.S. origin
performing or theatrical birds or poultry returning from all other
regions, except Canada or Mexico, must undergo a 30-day home
quarantine.
Unprocessed Bird and Poultry Carcasses, Parts, and Products
Section 94.6 of the regulations contains provisions for the
importation of unprocessed bird and poultry carcasses, parts, and
products into the United States from regions where END exists. As noted
previously, our regulations in Sec. 94.6 have been effective at
preventing the introduction of HPAI in the United States because the
regions from which bird and poultry parts and products are experiencing
outbreaks of HPAI subtype H5N1 are all regions restricted because of
END. Given the concerns described above, we believe it is necessary to
establish regulations in part 94 that specifically address HPAI subtype
H5N1. Therefore, we are amending the regulations to restrict the
importation of unprocessed bird and poultry carcasses, parts, and
products from regions where HPAI subtype H5N1 is considered to exist.
These new restrictions, which we are adding as a new Sec. 94.6(e),
provide that bird and poultry carcasses, parts, and products, may be
imported from a region where HPAI subtype H5N1 exists only if
accompanied by an import permit, and only if they are research or
educational materials destined for a museum, educational institution,
or research institution. These types of imports are generally in
smaller quantities and are destined for controlled environments, thus
they pose a lower risk of introducing HPAI subtype H5N1 in the United
States. We have also added, as a new Sec. 94.6(d), a list of regions
(Cambodia, China, Indonesia, Japan, Laos, South Korea, Thailand, and
Vietnam) where HPAI subtype H5N1 is considered to exist.
The regulations in part 95, in their present form, do not
explicitly set out restrictions on imports into the United States of
feathers, birds' nests, and bird trophies from regions with avian
diseases like END and HPAI. We have allowed the entry of these
articles, however, if, among other requirements, the articles are sent
directly to an establishment approved by APHIS for the receipt and
handling of restricted imported animal byproducts. We believe it is now
necessary to explicitly restrict the entry of these types of products
into the United States when they pose a risk of introducing HPAI
subtype H5N1. Therefore, we are adding a new Sec. 95.30 ``Restrictions
on entry of products and byproducts of poultry, game birds, or other
birds from regions where highly pathogenic avian
[[Page 25822]]
influenza subtype H5N1 exists.'' This section provides that products
and byproducts of birds and poultry, including feathers, birds' nests,
and bird trophies from a region where HPAI subtype H5N1 exists may be
imported only if the Administrator has determined that the importation
can be made under conditions that will prevent the introduction of HPAI
subtype H5N1 into the United States. The articles must be accompanied
by a permit obtained from APHIS prior to their importation and must be
moved and handled as specified on the permit.
These measures are considered necessary because of the present risk
of HPAI subtype H5N1 introduction into the United States, but are not
necessarily intended to be permanent. The restrictions and prohibitions
described in this interim rule will be reviewed as more information on
the situation in Southeast Asia becomes available. At a time when the
Administrator deems that the affected regions have implemented proper
procedures to control the spread of the disease and no longer pose a
disease threat, we will reconsider the need for these restrictions.
Emergency Action
Emergency action is necessary to prevent the introduction of HPAI
subtype H5N1 into the United States. Under these circumstances, the
Administrator has determined that prior notice and opportunity for
public comment are contrary to the public interest and that there is
good cause under 5 U.S.C. 553 for making this action effective less
than 30 days after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
We are amending the regulations to prohibit or restrict the
importation of unprocessed bird, poultry, and bird and poultry products
from regions that have reported the presence of HPAI subtype H5N1 and
to establish procedures for issuing permits and quarantining U.S.
origin pet birds and performing or theatrical birds and poultry
returning to the United States from these regions. This action is in
response to recent numerous outbreaks of the disease in Southeast Asia.
This action is necessary to prevent the introduction of HPAI subtype
H5N1 into the United States.
Eight South and Southeast Asian countries have reported outbreaks
of HPAI subtype H5N1. HPAI subtype H5NI is of particular importance due
to the threat posed to humans. However, the introduction of any strain
of HPAI causes immediate and devastating losses to the poultry
industry. During the 1983-84 HPAI subtype H2N2 outbreak in the United
States, more than 17 million birds were destroyed, at a cost of nearly
$65 million to the U.S. poultry industry. To understand the importance
of restricting poultry imports, and thereby the necessity of protecting
against introduction of H5N1 into the United States, we must consider
the value of the poultry industry. Also, we will consider the potential
impact to small entities in the case of H5N1 introduction.
U.S. import restrictions have limited imports of live poultry and
poultry meat from the regions affected by this interim rule due to the
presence of END in those regions. As a result, there have been no
imports of these commodities from those regions in recent years during
that time; therefore, there will be no discernable effect on domestic
prices of poultry products due to this interim rule. The United States
received no imports of unprocessed carcasses of poultry or poultry meat
from the affected regions in 2002, and feathers account for the most
valuable avian imports from these regions. Whereas the regulations have
previously provided for the importation from regions affected with END
of unprocessed carcasses and products of birds or poultry under certain
conditions, this interim rule severely restricts these types of imports
due to HPAI subtype H5N1.
Unprocessed down feathers have been the primary commercially traded
import from regions that have reported the presence of HPAI subtype
H5N1. In 2003, 127.2 metric tons of feathers were imported from the
affected regions, with a cash value of $499,000.\1\
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\1\ USDA, U.S. Trade Imports--HS 6-Digit Codes. Washington, DC:
Foreign Agricultural Service, 2004.
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According to the Small Business Association (SBA), domestic
companies engaging in feathers wholesaling come under the NAICS code
422590. SBA defines a small feather wholesaling entity as one that
employs no more than 100 persons.\2\ It is unclear at this time exactly
how many feather wholesalers classified as small entities would be
affected by this interim rule. However, according to 1997 Census data,
there were 1,684 establishments with sales of more than $22 billion.\3\
While the number of small entities in the feather wholesaling industry
affected by this rule is uncertain, we think it unlikely that this
interim rule will pose a significant impact to a substantial number of
small businesses.
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\2\ Table of Size Standards based on NAICS 2003. Washington, DC:
U.S. Small Business Administration, 2003.
\3\ 1997 Economic Census: NAISC 422590. Washington, DC: U.S.
Census Bureau. (This is the most current published data available).
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Other unprocessed poultry products of interest are bird nests and
bird trophies. Unfortunately, as these are not commercially traded
products, statistics regarding the number and value of these imports
into the United States are unavailable. In any case, we do not believe
the cost of restricting these imports will outweigh the benefit of
preventing disease introduction.
To get an idea of the expected benefits of this interim rule, we
must consider the domestic losses that could result in the introduction
of HPAI subtype H5N1. The U.S. poultry industry is largely a vertically
integrated industry with the majority of producers working under
contract and producing poultry for a few big corporations. These
entities would capture the benefits resulting from the prevention of an
HPAI subtype H5N1 outbreak.
The United States is the world's largest producer of poultry meat
and the second-largest egg producer behind China. Preliminary reports
for the year 2002 indicate there were a total of 438.9 million
chickens, excluding commercial broilers, with a cash value of $1.045
billion. In 2001, broiler production, raised for the purpose of meat
production, totaled 8.389 billion broilers, with a combined live weight
of more than 42.4 billion pounds. The value of broiler production for
that year was more than $16.6 billion. In 2001, 85.7 billion eggs were
produced with a cash value of $4.4 billion.\4\ The United States is
also the world's largest turkey producer. In 2001, turkey production
totaled more than 272 million birds with a combined live weight of
7.154 billion pounds and a cash value of almost $2.8 billion.\5\
Considering the
[[Page 25823]]
value and volume of production, a possible introduction of HPAI subtype
H5N1 would result in a devastating blow to the U.S. poultry industry.
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\4\ USDA, Agricultural Statistics 2003. Washington, DC: National
Agricultural Statistics Service, 2003. Estimates cover the 12-month
period December 1 of the previous year through November 30.
\5\ USDA, Agricultural Statistics 2003. Washington, DC: National
Agricultural Statistics Service, 2003. Estimates based on turkeys
placed September 1, 2000, through August 31, 2001, and excludes
young turkeys lost.
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Prompted by outbreaks of HPAI subtype H5N1 that have been
responsible for the deaths of millions of birds and at least 22 humans
in South and Southeast Asia, this interim rule will severely restrict
imports of unprocessed poultry and poultry products from regions
reporting incidents of HPAI subtype H5N1. As a result of complying with
END restrictions, there have been no imports of live poultry, poultry
meat, or eggs from these regions in the past 4 years. The only
commercially traded import that will be primarily affected by this
interim rule, assuming no further spread of the disease to regions
outside South Asia, is unprocessed down feathers. The benefits
resulting from avoided HPAI subtype H5N1 introduction into the United
States as a result of this interim rule far outweigh any costs imposed.
In addition, we do not expect any resulting costs experienced by small
entities to be significant.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has retroactive
effect to February 4, 2004; and (3) does not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
In accordance with section 3507(j) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection and
recordkeeping requirements included in this interim rule have been
submitted for emergency approval to the Office of Management and Budget
(OMB). OMB has assigned control number 0579-0245 to the information
collection and recordkeeping requirements.
We plan to request continuation of that approval for 3 years.
Please send written comments on the 3-year approval request to the
following addresses: (1) Office of Information and Regulatory Affairs,
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; and (2)
Docket No. 04-011-1, Regulatory Analysis and Development, PPD, APHIS,
Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238.
Please state that your comments refer to Docket No. 04-011-1 and send
your comments within 60 days of publication of this rule.
We are amending the regulations concerning the importation of
animals and animal products to prohibit or restrict the importation of
birds, poultry, and unprocessed bird and poultry products from regions
that have reported the presence of HPAI subtype H5N1 and to establish
additional permit and quarantine requirements for U.S. origin pet birds
and performing or theatrical birds and poultry returning to the United
States. This action is necessary to prevent the introduction of HPAI
subtype H5N1 into the United States.
Implementing these additional import requirements will necessitate
the use of several information collection activities, including an
Application to Import Controlled Materials or Transport Organisms and
Vectors (VS Form 16-3), an Application for Import or In-Transit Permit
(VS Form 17-129), a notarized declaration or affirmation, and a Pet
Bird Owner Agreement (VS Form 17-8).
We are soliciting comments from the public (as well as affected
agencies) concerning our information collection and recordkeeping
requirements. These comments will help us:
(1) Evaluate whether the information collection is necessary for
the proper performance of our agency's functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
information collection, including the validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.5 hours per response.
Respondents: Owners of U.S. origin pet birds and U.S. origin
performing or theatrical birds or poultry returning to the United
States, and U.S. importers of bird and poultry carcasses, parts,
products, and byproducts of birds and poultry (including feathers,
birds' nests, and bird trophies) from certain regions.
Estimated annual number of respondents: 5,000.
Estimated annual number of responses per respondent: 2.
Estimated annual number of responses: 10,000.
Estimated total annual burden on respondents: 5,000 hours.
(Due to averaging, the total annual burden hours may not equal the
product of the annual number of responses multiplied by the reporting
burden per response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this interim rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects
9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
9 CFR Part 95
Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping
requirements, Straw, Transportation.
0
Accordingly, we are amending 9 CFR parts 93, 94, and 95 as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
0
1. The authority citation for part 93 continues to read as follows:
[[Page 25824]]
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
Sec. 93.101 [Amended]
0
2. Section 93.101 is amended as follows:
0
a. Paragraph (c)(2) is revised to read as set forth below and the
undesignated paragraph following paragraph (c)(2) is removed.
0
c. Paragraph (c)(3) is redesignated as paragraph (c)(4) and a new
paragraph (c)(3) is added to read as set forth below.
0
d. Paragraph (f) is revised to read as set forth below.
0
e. By revising the OMB control number citation at the end of the
section to read as follows: ``(Approved by the Office of Management and
Budget under control numbers 0579-0220 and 0579-0245)''.
Sec. 93.101 General prohibitions; exceptions.
* * * * *
(c) * * *
(2)(i) Except for pet birds that have been in any region where
highly pathogenic avian influenza subtype H5N1 exists, which are
subject to the provisions of paragraph (c)(3) of this section, pet
birds of United States origin that have not been outside the country
for more than 60 days may be offered for entry under the provisions of
paragraph (c)(1) of this section if:
(A) The pet birds are accompanied by an import permit issued by
APHIS: Provided, that an import permit will not be required for pet
birds returning from Canada or Mexico through a land border port; and
(B) The birds are also accompanied by a United States veterinary
health certificate issued prior to the departure of the birds from the
United States and the certificate shows the number from the leg band,
tattoo, or microchip affixed to the birds prior to departure; and
(C) During port of entry veterinary inspection it is determined
that the number from the leg band, tattoo, or microchip on the bird is
the same as the one listed on the health certificate.
(ii) Except for pet birds that have been in any region where highly
pathogenic avian influenza subtype H5N1 exists, which are subject to
the provisions of paragraph (c)(3) of this section, pet birds of United
States origin that have been outside the country for more than 60 days
may be imported by their owner if:
(A) The pet birds are accompanied by an import permit issued by
APHIS: Provided, that an import permit will not be required for pet
birds returning from Canada or Mexico through a land border port; and
(B) The pet birds are found upon port of entry veterinary
inspection to be free of poultry diseases; and
(C) The pet birds are accompanied by a United States veterinary
health certificate issued prior to the departure of the birds from the
United States and the certificate shows the number from the leg band,
tattoo, or microchip affixed to the birds prior to departure; and
(D) During port of entry veterinary inspection it is determined
that the number from the leg band, tattoo, or microchip on the bird is
the same as the one listed on the health certificate; and
(E) The owner importing the pet birds signs and furnishes to the
Administrator the following:
(1) A notarized declaration under oath or affirmation (or a
statement signed by the owner and witnessed by a Department inspector)
stating that the bird or birds have not been in contact with poultry or
other birds while out of the region (for example, association with
other avian species at exhibitions or at aviaries); and
(2) An agreement on VS Form 17-8, obtainable from a Federal
inspector at the port of entry, stating:
(i) That the birds will be maintained in confinement in his or her
personal possession separate and apart from all poultry and other birds
for a minimum of 30 days following importation at the address where the
birds are to be held and made available for health inspection and
testing by Department inspectors upon request until released at the end
of such period by such an inspector; and
(ii) That appropriate Federal officials in the State of destination
will be immediately notified if any signs of disease are noted in any
of the birds or any bird dies during that period. The owner importing
such birds must comply with the provisions of the aforementioned
agreement before the birds may be released from confinement. Except for
pet birds that have been in any region where highly pathogenic avian
influenza subtype H5N1 exists, lots of pet birds of United States
origin which do not otherwise meet the requirements of paragraphs
(c)(1) or (2) of this section may be offered for entry under the
provisions of paragraph (c)(4) of this section.
(3) Any pet birds of United States origin that have been in any
region listed in Sec. 94.6(d) of this subchapter as a region where
highly pathogenic avian influenza subtype H5N1 exists, regardless of
the length of time such birds have been outside of the United States,
may only be imported through the port of Los Angeles, CA, Miami, FL, or
New York, NY, and only under the following conditions:
(i) The birds meet the requirements of paragraphs (c)(2)(ii)(A)
through (D) of this section; and
(ii) The birds are quarantined for a minimum of 30 days, and for
such longer period as may be required by the Administrator in any
specific case, at a USDA quarantine facility in accordance with Sec.
93.106.
* * * * *
(f) Performing or theatrical birds returning to the United States.
(1) Performing or theatrical birds of United States origin that are
returning to the United States from Canada or Mexico may be imported
if:
(i) The birds are found upon port of entry veterinary inspection to
be free of avian diseases; and
(ii) The birds are accompanied by a United States veterinary health
certificate issued prior to the departure of the birds from the United
States and the certificate shows the number from the leg band, tattoo,
or microchip affixed to the birds prior to departure; and
(iii) During port of entry veterinary inspection it is determined
that the number from the leg band, tattoo, or microchip on the birds is
the same as the one listed on the health certificate.
(2) Except for performing or theatrical birds that have been in any
region where highly pathogenic avian influenza subtype H5N1 exists,
which are subject to the provisions of paragraph (f)(3) of this
section, performing or theatrical poultry of United States origin that
have been outside the United States in a region other than Canada or
Mexico may be imported if:
(i) The birds meet the requirements of paragraphs (f)(1)(i) through
(iii) of this section; and
(ii) The birds are accompanied by an import permit issued by APHIS;
and
(iii) The owner importing the birds signs and furnishes to the
Administrator the following:
(A) A notarized declaration under oath or affirmation (or a
statement signed by the owner and witnessed by a Department inspector)
stating that the birds have not been in contact with other birds while
out of the region (for example, association with other avian species at
exhibitions or at aviaries); and
(B) An agreement on VS Form 17-8, obtainable from a Federal
inspector at the port of entry, stating:
(1) That the birds will be maintained in confinement in his or her
personal possession separate and apart from all birds and other birds
for a minimum of
[[Page 25825]]
30 days following importation at the address where the birds are to be
held and made available for health inspection and testing by Department
inspectors upon request until released at the end of such period by
such an inspector; and
(2) That appropriate Federal officials in the State of destination
will be immediately notified if any signs of disease are noted in any
of the birds or any birds die during that period. The owner importing
such poultry must comply with the provisions of the aforementioned
agreement before the birds may be released from confinement. Except for
performing or theatrical birds that have been in any region where
highly pathogenic avian influenza subtype H5N1 exists, performing or
theatrical birds of United States origin which do not otherwise meet
the requirements of paragraphs (f)(1) or (2) of this section may be
offered for entry under the provisions of Sec. 93.101(c).
(3) Any performing or theatrical birds of United States origin that
have been in any region listed in Sec. 94.6(d) of this subchapter as a
region where highly pathogenic avian influenza subtype H5N1 exists may
only be imported through the port of Los Angeles, CA, Miami, FL, or New
York, NY, and only under the following conditions:
(i) The birds meet the requirements of paragraphs (f)(1)(i) through
(iii) of this section; and
(ii) The birds are accompanied by an import permit issued by APHIS;
and
(iii) The birds are quarantined for a minimum of 30 days, and for
such longer period as may be required by the Administrator in any
specific case, at a quarantine facility maintained by APHIS in
accordance with paragraphs (c)(3)(ii) through (c)(3)(iv) of this
section.
* * * * *
0
3. Section 93.201 is amended as follows:
0
a. By revising paragraph (c) to read as set forth below.
0
b. By adding, at the end of the section, the following: ``(Approved by
the Office of Management and Budget under control number 0579-0245)''.
Sec. 93.201 General prohibitions; exceptions.
* * * * *
(c) Performing or theatrical poultry returning to the United
States. (1) Performing or theatrical poultry of United States origin
that are returning to the United States from Canada or Mexico may be
imported if:
(i) The poultry are found upon port of entry veterinary inspection
to be free of poultry diseases; and
(ii) The poultry are accompanied by a United States veterinary
health certificate issued prior to the departure of the poultry from
the United States and the certificate shows the number from the leg
band, tattoo, or microchip affixed to the poultry prior to departure;
and
(iii) During port of entry veterinary inspection it is determined
that the number from the leg band, tattoo, or microchip on the poultry
is the same as the one listed on the health certificate.
(2) Except for performing or theatrical poultry that have been in
any region where highly pathogenic avian influenza subtype H5N1 exists,
which are subject to the provisions of paragraph (c)(3) of this
section, performing or theatrical poultry of United States origin that
have been outside the United States in a region other than Canada or
Mexico may be imported if:
(i) The poultry meet the requirements of paragraphs (c)(1)(i)
through (iii) of this section; and
(ii) The poultry are accompanied by an import permit issued by
APHIS; and
(iii) The owner importing the poultry signs and furnishes to the
Administrator the following:
(A) A notarized declaration under oath or affirmation (or a
statement signed by the owner and witnessed by a Department inspector)
stating that the poultry have not been in contact with poultry or other
birds while out of the region (for example, association with other
avian species at exhibitions or at aviaries); and
(B) An agreement on VS Form 17-8, obtainable from a Federal
inspector at the port of entry, stating:
(1) That the poultry will be maintained in confinement in his or
her personal possession separate and apart from all poultry and other
birds for a minimum of 30 days following importation at the address
where the poultry are to be held and made available for health
inspection and testing by Department inspectors upon request until
released at the end of such period by such an inspector; and
(2) That appropriate Federal officials in the State of destination
will be immediately notified if any signs of disease are noted in any
of the poultry or any poultry die during that period. The owner
importing such poultry must comply with the provisions of the
aforementioned agreement before the poultry may be released from
confinement.
(3) Any performing or theatrical poultry of United States origin
that have been in any region listed in Sec. 94.6(d) of this subchapter
as a region where highly pathogenic avian influenza subtype H5N1 exists
may only be imported through the port of Los Angeles, CA, Miami, FL, or
New York, NY, and only under the following conditions:
(i) The poultry meet the requirements of paragraphs (c)(1)(i)
through (iii) of this section; and
(ii) The poultry are accompanied by an import permit issued by
APHIS; and
(iii) The poultry are quarantined for a minimum of 30 days, and for
such longer period as may be required by the Administrator in any
specific case, at a quarantine facility maintained by APHIS in
accordance with Sec. Sec. 93.209 and 93.210.
* * * * *
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL
SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND
RESTRICTED IMPORTATIONS
0
4. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 21 U.S.C. 136
and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
0
5. Section 94.6 is amended as follows:
0
a. By revising the title of the section to read as set forth below.
0
b. In paragraphs (b)(6), (c)(3), and (c)(4), by removing the words
``paragraph (d)'' and adding the words ``paragraph (f)'' in their
place.
0
c. By redesignating paragraph (d) as paragraph (f) and adding new
paragraphs (d) and (e) to read as set forth below.
0
d. By revising the OMB control number citation at the end of the
section to read as follows: ``(Approved by the Office of Management and
Budget under control numbers 0579-0015 and 0579-0245)'.
Sec. 94.6 Carcasses, parts or products of carcasses, and eggs (other
than hatching eggs) of poultry, game birds, or other birds;
importations from regions where exotic Newcastle disease or highly
pathogenic avian influenza subtype H5N1 is considered to exist.
* * * * *
(d) Highly pathogenic avian influenza (HPAI) subtype H5N1 is
considered to exist in the following regions: Cambodia, China,
Indonesia, Japan, Laos, South Korea, Thailand, and Vietnam.
(e) Carcasses, and parts or products of carcasses, from regions
where HPAI subtype H5N1 is considered to exist. Carcasses, and parts or
products of carcasses, of poultry, game birds, or other birds may be
imported from a
[[Page 25826]]
region where HPAI subtype H5N1 exists only if they are imported for
scientific, educational, or research purposes and the Administrator has
determined that the importation can be made under conditions that will
prevent the introduction of HPAI subtype H5N1 into the United States.
The articles must be accompanied by a permit obtained from APHIS prior
to the importation in accordance with paragraph (f) of this section,
and they must be moved and handled as specified on the permit to
prevent the introduction of HPAI subtype H5N1 into the United States.
* * * * *
PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS),
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES
0
6. The authority citation for part 95 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C.
9701; 7 CFR 2.22, 2.80, and 371.4.
0
7. A new Sec. 95.30 is added to read as follows:
Sec. 95.30 Restrictions on entry of products and byproducts of
poultry, game birds, or other birds from regions where highly
pathogenic avian influenza (HPAI) subtype H5N1 exists.
(a) Products or byproducts, including feathers, birds' nests, and
bird trophies, of poultry, game birds, or other birds may be imported
from a region listed in Sec. 94.6(d) of this subchapter as a region
where HPAI subtype H5N1 exists only if the Administrator has determined
that the importation can be made under conditions that will prevent the
introduction of HPAI subtype H5N1 into the United States. The articles
must be accompanied by a permit obtained from APHIS prior to the
importation in accordance with paragraph (b) of this section, and they
must be moved and handled as specified on the permit to prevent the
introduction of HPAI subtype H5N1 into the United States.
(b) To apply for a permit, contact the Animal and Plant Health
Inspection Service, Veterinary Services, National Center for Import and
Export, 4700 River Road Unit 38, Riverdale, Maryland 20737-1231.
(Approved by the Office of Management and Budget under control
number 0579-0245)
Done in Washington, DC, this 4th day of May, 2004.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-10524 Filed 5-7-04; 8:45 am]
BILLING CODE 3410-34-P