[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Notices]
[Pages 10874-10875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4357]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2008-0119]
Implementation of Revised Lacey Act Provisions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice and request for information.
-----------------------------------------------------------------------
SUMMARY: The Food, Conservation, and Energy Act of 2008 amended the
Lacey Act to expand its protections to a broader range of plant
species, extended its reach to encompass products, including timber,
that derive from illegally harvested plants, and require that importers
submit a declaration at the time of importation for certain plants and
plant products. The Act also requires us to review the implementation
of the declaration requirements, and to provide public notice and
opportunity for comment while conducting the review. The purpose of
this notice is to inform the public that we are conducting the required
review and to request comments on the implementation of the declaration
requirements.
DATES: We will consider all comments that we receive on or before April
14, 2011.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
[[Page 10875]]
main?main=DocketDetail&d=APHIS-2008-0119 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send one copy of
your comment to Docket No. APHIS-2008-0119, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2008-0119.
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: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. George Balady, Staff Officer,
Quarantine Policy Analysis and Support, PPQ, APHIS, 4700 River Road
Unit 60, Riverdale, MD 20737-1231; (301) 734-8295.
SUPPLEMENTARY INFORMATION:
Background
The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and
significantly amended in 1981, is the United States' oldest wildlife
protection statute. The Act combats trafficking in ``illegal''
wildlife, fish, and plants. The Food, Conservation, and Energy Act of
2008, effective May 22, 2008, amended the Lacey Act by expanding its
protections to a broader range of plants and plant products (Section
8204, Prevention of Illegal Logging Practices). As amended, the Lacey
Act now makes it unlawful to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign commerce any plant, with
some limited exceptions, taken in violation of any Federal, State,
Tribal, or foreign law that protects plants. The Lacey Act also now
makes it unlawful to make or submit any false record, account, or label
for, or any false identification of, any plant covered by the Act.
In addition, Section 3 of the Lacey Act, as amended, made it
unlawful, beginning December 15, 2008, to import certain plants and
plant products without an import declaration. The declaration must
contain, among other things, the scientific name of the plant, value of
the importation, quantity of the plant, and name of the country from
which the plant was harvested. Enforcement of the declaration
requirement is currently being phased in.\1\
---------------------------------------------------------------------------
\1\ Copies of notices published in the Federal Register on the
implementation of the Lacey Act (including directions on how to view
comments received on them), guidance on complying with the Lacey
Act, and information about how to register for stakeholder
notification can be found on the APHIS Web site at http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml.
---------------------------------------------------------------------------
The Act also requires us to review the implementation of the
declaration requirements, including the effect of certain exclusions
from those requirements, and to provide public notice and opportunity
for comment while conducting the review. Furthermore, after we have
completed the review, we are required to submit a report to Congress
detailing the results of that review. Specifically, the Act directs us
to include in the report the following items:
(A) An evaluation of--
(i) The effectiveness of each type of information required
under paragraphs (1) through (2) in assisting enforcement of this
section; and
(ii) The potential to harmonize each requirement imposed by
paragraphs (1) and (2) with other applicable import regulations in
existence as of the date of the report;
(B) Recommendations for such legislation as the Secretary
determines to be appropriate to assist in the identification of
plants that are imported into the United States in violation of this
section; and
(C) An analysis of the effect of subsection (a) and this
subsection on--
(i) The cost of legal plant imports; and
(ii) The extent and methodology of illegal logging practices
and trafficking.
Therefore, we are soliciting information from the public about the
implementation of the import declaration requirements. Interested
parties are invited to submit comments on the issues stated above and
other pertinent issues related to the implementation and enforcement of
the 2008 Lacey Act amendments. Information received in response to this
notice will be taken into account and included with our analysis of the
implementation of the declaration requirements in the report made to
Congress. Comments submitted in response to previous notices regarding
implementation of the amended Lacey Act will also be taken into account
and do not need to be resubmitted.
Authority: 16 U.S.C. 3371 et seq.; 7 CFR 2.22, 2.80, and
371.2(d).
Done in Washington, DC, this 23rd day of February 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-4357 Filed 2-25-11; 8:45 am]
BILLING CODE 3410-34-P