[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Rules and Regulations]
[Pages 41608-41610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14262]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 93, 94, and 95
[Docket No. 04-011-3]
Highly Pathogenic Avian Influenza; Additional Restrictions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the regulations concerning the importation of animals
and animal products to prohibit or restrict the importation of birds,
poultry, and unprocessed birds 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. The interim rule was
necessary to prevent the introduction of highly pathogenic avian
influenza subtype H5N1 into the United States.
EFFECTIVE DATE: The interim rule became effective on February 4, 2004.
FOR FURTHER INFORMATION CONTACT: Dr. Karen A. James-Preston, Director,
National Center for Import and Export, Technical Trade Services, VS,
APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-
8172.
SUPPLEMENTARY INFORMATION:
Background
Avian influenza (AI) is a disease 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
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, which are extremely infectious and fatal 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. In some instances, HPAI may
even be transmitted to humans, with human infections of AI viruses on
the rise in recent years.
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 such
as AI. 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 AI.
In an interim rule effective February 4, 2004, and published in the
Federal Register on May 10, 2004 (69 FR 25820-25826, Docket No. 04-011-
1), we amended the regulations to require that all pet birds and
performing and theatrical birds and poultry of United States origin be
subject to a 30-day quarantine at a USDA facility when they have spent
any length of time in a
[[Page 41609]]
region reporting incidents of HPAI subtype H5N1 and to require that
U.S. origin birds returning from any such region be accompanied by a
permit. The interim rule also added new restrictions on the importation
of unprocessed \1\ bird and poultry carcasses, parts, and products, to
allow such products from regions where HPAI subtype H5N1 is considered
to exist only when accompanied by an import permit and only if they are
research or educational materials destined for a museum or an
educational or research institution. In the interim rule we also
provided that products and byproducts of birds and poultry, including
feathers, birds' nests, and bird trophies may be imported from areas
where HPAI subtype H5N1 exists only when accompanied by a permit and
authorized by the Administrator. Finally, we added a list of regions
(Cambodia, China, Indonesia, Japan, Laos, South Korea, Thailand, and
Vietnam) where HPAI subtype H5N1 is considered to exist.
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\1\ In the rule portion of the interim rule we mistakenly
omitted the word ``unprocessed,'' thereby holding both processed and
unprocessed bird and poultry products to these restrictions. On June
23, 2005, we published a technical amendment in the Federal Register
(69 FR 25820-25826, Docket No. 04-011-2) in which we amended Sec.
94.6, paragraph (e), to correct this omission.
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Comments on the interim rule were required to be received on or
before July 9, 2004. We received one comment by that date, from a
private citizen. The issues raised by this commenter regarding the
interim rule are discussed below.
The commenter suggested that APHIS should ban the importation into
the United States of all types of birds. The commenter also stated that
the 30-day home quarantine for pet birds and theatrical and performing
birds and poultry was not effective because bird owners are not
qualified to determine the disease status of their birds. The commenter
therefore recommended discontinuing the practice of home quarantines,
instead quarantining animals in specialized facilities for a minimum of
60 days. The commenter also recommended transferring veterinary
inspection functions to epidemiologists and medical doctors. We do not
believe the commenter's suggestion that we completely ban the
importation of birds into the United States is needed to prevent the
introduction of diseases such as avian influenza. We would also like to
point out that home quarantine is not available for high-risk birds
such as those returning from an H5N1 region; such high-risk birds are
required to go to a USDA quarantine facility for a minimum of 30 days,
which is a sufficient amount of time for any clinical signs of disease
to appear. We also believe that it is most appropriate for a
veterinarian to conduct inspections, given that they have animal health
expertise that epidemiologists and medical doctors do not necessarily
have.
The commenter expressed concern with the requirement that a
notarized statement be signed by any bird owner that their bird has not
been in contact with other poultry or birds while overseas for more
than 60 days in any region other than one listed as a region where HPAI
subtype H5N1 exists. The commenter stated that a notarized statement is
not a good indicator of the bird's health because it would be easy to
lie in such a statement. While it is possible for a bird owner to lie
in a notarized statement, there are criminal and civil penalties that
APHIS may pursue should a bird owner be found to have made a false
statement. These penalties serve as a deterrent to bird owners
providing false information in their notarized statements. Finally, we
note that in addition to the notarized statement, the regulations also
require that the birds undergo a port of entry veterinary inspection;
be accompanied by a United States veterinary health certificate issued
prior to the bird's departure from the United States containing an
identification number which must match the number on the bird's leg
band, tattoo, or microchip; and complete a 30-day home quarantine
during which the bird is to be made available for health inspection and
testing by Department inspectors upon request.
The commenter was also concerned that theatrical and performing
animals would be allowed to enter the United States without a mandatory
quarantine period. As stated in the interim rule, theatrical or
performing birds of United States origin that have been in a region
where HPAI subtype H5N1 exists are subject to a minimum 30-day
quarantine in a USDA quarantine facility upon their return to the
United States. Performing or theatrical birds returning from all other
regions must undergo a 30-day home quarantine upon return to the United
States.
The commenter also recommended that nests, carcasses, bird
trophies, bird parts, or bird products be prohibited from importation
into the United States from any region where HPAI subtype H5N1 exists.
As stated in the interim rule, carcasses, and parts or products of
carcasses, of poultry, game birds, or other birds may be imported into
the United States from regions where HPAI subtype H5N1 is known to
exist only if they are imported for scientific, educational, or
research purposes and only if the Administrator has determined they can
be imported under conditions which will prevent the introduction of
HPAI subtype H5N1 into the United States. We believe this is sufficient
to prevent the spread of HPAI subtype H5N1 to the United States.
Therefore, for the reasons given in the interim rule, we are
adopting the interim rule, as amended by the June 23, 2005 technical
amendment, as a final rule without change.
This action also affirms the information contained in the interim
rule concerning Executive Order 12866 and the Regulatory Flexibility
Act, Executive Order 12988, and the Paperwork Reduction Act.
Further, this action 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.
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.
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
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
[[Page 41610]]
PART 95--SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS),
AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES
0
Accordingly, the interim rule amending 9 CFR parts 93, 94 and 95 that
was published at 69 FR 25820-25826 on May 10, 2004, as amended by the
June 23, 2005, technical amendment that was published at 70 FR 36332-
36333, is adopted as a final rule without change.
Done in Washington, DC, this 14th day of July 2005 .
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-14262 Filed 7-19-05; 8:45 am]
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