[Federal Register Volume 60, Number 21 (Wednesday, February 1, 1995)]
[Rules and Regulations]
[Pages 5997-6000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2449]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 60, No. 21 / Wednesday, February 1, 1995 /
Rules and Regulations
[[Page 5997]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 319 and 322
[Docket No. 89-117-4]
RIN 0579-AA37
Honeybees and Honeybee Semen From New Zealand
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the honeybee and honeybee semen regulations to
allow honeybees and honeybee semen from New Zealand to transit the
United States, subject to certain conditions. This action relieves
certain restrictions on the movement of honeybees and honeybee semen
from New Zealand through the United States without presenting a
significant risk of introducing harmful diseases or parasites of
honeybees into the United States.
EFFECTIVE DATE: March 3, 1995.
FOR FURTHER INFORMATION CONTACT:
Mr. James Fons, Operations Officer, Port Operations Staff, Plant
Protection and Quarantine, APHIS, USDA, P.O. Drawer 810, Riverdale, MD
20738. The telephone number for the agency contact will change when
agency offices in Hyattsville, MD, move to Riverdale, MD, during
January or February. Telephone: (301) 436-8295 (Hyattsville); (301)
734-8295 (Riverdale).
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 322 (referred to below as the
regulations) govern the importation into the United States of honeybees
and honeybee semen. These regulations were established pursuant to the
Honeybee Act (7 U.S.C. 281 et seq.). The Honeybee Act was designed to
prevent the movement into the United States of diseases and parasites
harmful to honeybees, and to prevent their spread within the United
States. In addition, the Honeybee Act was designed to prevent the
movement into the United States of undesirable species or subspecies of
honeybees, such as Apis mellifera scutellata, commonly known in the
United States as the African honeybee.
In this regard, 7 U.S.C. 281 provides, in relevant part, that:
(a) IN GENERAL.--The Secretary of Agriculture is authorized to
prohibit or restrict the importation or entry of honeybees and
honeybee semen into or through the United States in order to prevent
the introduction and spread of diseases and parasites harmful to
honeybees, the introduction of genetically undesirable germ plasm of
honeybees, or the introduction and spread of undesirable species or
subspecies of honeybees and the semen of honeybees.
Under the regulations, honeybees may be imported into the United
States from New Zealand only by the United States Department of
Agriculture (USDA) and only for experimental or scientific purposes.
Honeybee semen may be imported into the United States from New Zealand
only under a permit issued by the USDA and in accordance with specific
marking and shipping requirements.
On February 6, 1990, we published in the Federal Register (55 FR
3968-3969, Docket No. 89-117) a proposal to amend the regulations by
removing these restrictions on honeybees and honeybee semen imported
into the United States from New Zealand. We believed that the proposal
was warranted because it had been determined that New Zealand was free
of diseases and parasites harmful to honeybees in the United States,
and undesirable species or subspecies of honeybees. This determination
was made based on USDA review of the scientific literature; an ongoing
sampling program of New Zealand honeybees by the USDA; an ongoing
exchange of information between New Zealand and the United States
relating to bee diseases, bee parasites, and undesirable species and
subspecies of honeybees; and a review by USDA of the bee enforcement
program in New Zealand.\1\
\1\Additional information may be obtained by writing to the
person listed under FOR FURTHER INFORMATION CONTACT.
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However, we recognized that shipments of honeybees or honeybee
semen from New Zealand could, during transit through countries from
which honeybees and honeybee semen may not be imported into the United
States, come in contact with foreign honeybees that may be diseased. We
therefore proposed to allow honeybees and honeybee semen to be imported
from New Zealand into the United States only if they were shipped to
the United States nonstop and if they were accompanied by a certificate
issued by the New Zealand Department of Agriculture certifying that the
honeybees and honeybee semen were of New Zealand origin. We also
proposed to amend Sec. 322.2 to add a definition for ``certificate of
origin.''
We solicited comments concerning the 1990 proposal for 15 days
ending February 21, 1990. In response to a comment, we published a
notice in the Federal Register on March 2, 1990 (55 FR 7499, Docket No.
90-025), that extended the comment period to April 2, 1990. We received
37 comments by that date. We did not at that time publish a final rule,
but have since determined that we wish to proceed with rulemaking. On
July 18, 1994, we published in the Federal Register (59 FR 36373-36374,
Docket No. 89-117-3) a notice to reopen and extend the comment period
on the proposal to August 17, 1994. We received an additional 20
comments by that date. The comments were from apiaries, queen breeders,
beekeeper associations, State departments of agriculture, and
agriculture departments of foreign governments. Of the total comments
received, 11 were in favor of the proposed rule. The remaining comments
raised objections or concerns, which are discussed below by topic.
Comments Resulting in a Change to the Rule
A number of commenters were concerned about a disorder called half
moon syndrome (HMS) that has been reported in New Zealand honeybee
colonies. Commenters said there are reports that HMS may have been
[[Page 5998]] introduced into Canada from shipments of New Zealand
honeybees.
According to our information, HMS is not known to be present in any
country other than New Zealand. In 1984, ARS researchers visited New
Zealand to study honeybees and honeybee diseases there, and
specifically to study HMS. Field tests conducted in New Zealand by ARS
researchers to determine the communicability of HMS indicated that the
symptoms of the syndrome could not be reproduced in a healthy colony,
even when the healthy colony was given a massive inoculum (a comb
containing larvae with HMS). In laboratory tests, no pathogen or other
causative agent of HMS could be found. Field observations of New
Zealand colonies also showed that symptoms of HMS appeared to clear up
in time without assistance or treatment. Further, ARS has imported
honeybees from New Zealand (50 queens and 20 packages of honeybees from
a variety of sources) under a USDA permit on three occasions over the
past 10 years, and HMS was not observed in any colony. On the basis of
these observations and tests, ARS concluded that HMS is not a highly
communicable disease.
In addition, over the past 5 years, Canada has imported
approximately 80,500 packages of honeybees and 143,350 queens from New
Zealand. When New Zealand honeybees were first imported into Canada,
beekeepers receiving the honeybees were specifically requested to look
for any abnormal developments that resembled HMS in their colonies. One
case was reported, but the presence of the syndrome was never
confirmed. Agriculture Canada continues to allow the importation of New
Zealand honeybees into Canada because they have concluded that if HMS
is present in New Zealand stock, it is not communicable to Canadian
honeybees, or there would be ample evidence of its presence by now.
However, it is true that we do not know what causes HMS, nor do we
know how the syndrome was communicated in those instances where it has
occurred. Also, because we have not found a causative agent of HMS, we
do not know for certain whether or not the syndrome would be
communicable in the varied climates of the United States.
Commenters had other disease concerns regarding New Zealand
honeybees, in addition to HMS. Specifically, commenters cited reports
of a high incidence of chalk-brood disease in New Zealand. Some other
commenters were concerned that a number of diseases that may be present
in New Zealand honeybees, such as chronic paralysis virus, Kashmir bee
virus, melanosis, and Malpighamoeba mellificae, could be introduced
into the State of Hawaii. We also received a comment stating that the
proposal conflicts with a law of the State of Hawaii which prohibits
importation of live honeybees into Hawaii because of disease and pest
concerns. Our reports indicate that chalk-brood and the other diseases
mentioned by commenters are present in New Zealand. These diseases are
also found in U.S. apiaries, but may not be present in every State. In
response to commenters' concerns, we have determined that, because of
lack of information at this time, we cannot be certain that the
introduction or spread of HMS and the other diseases mentioned by
commenters into certain States would not prove harmful to U.S.
honeybees. We plan to continue to research HMS and to conduct surveys
to ascertain the scope of other diseases such as chalk-brood in the
United States, to help us determine whether or not New Zealand
honeybees can safely be imported. We encourage interested persons who
may have information in this regard to share that information with us.
In response to comments, and until we have conducted further
research, we are changing the proposed rule to allow only the transit
of New Zealand honeybees and honeybee semen through the United States
en route to another country, and only in accordance with specific
requirements to help ensure that the New Zealand honeybees do not
escape while in transit through the United States. We believe that
allowing New Zealand honeybees and honeybee semen to transit the United
States will enable New Zealand to ship its honeybees to foreign markets
without posing a significant risk of introducing or spreading harmful
diseases or parasites to apiaries in the United States.
We will require that the honeybees transiting the United States be
contained in cages that are completely enclosed by screens with mesh
fine enough to prevent the honeybees from passing through, and that
each pallet of cages be covered by an escape-proof net that is secured
tightly to the pallet so that no honeybees can escape from underneath
the net. The honeybees will have to be shipped by air through a port
staffed by an inspector.\2\ The honeybees may be transloaded from one
aircraft to another at the port of arrival in the United States,
provided the transloading is done under the supervision of an inspector
and the area used for any storage of the honeybees between flights is
within an enclosed building. These requirements will help ensure that
no honeybees escape from the shipment while in the United States.
Lastly, we will require that, at least 2 days prior to the expected
date of arrival at a port in the United States, the shipper must notify
the Animal and Plant Health Inspection Service (APHIS) Officer in
Charge at the port of arrival of the following: The dates of arrival
and departure; the name and address of both the shipper and receiver;
the quantity of queens and the number of cages of package honeybees in
the shipment; and, the name of the airline carrying the shipment.
Notification of arrival will ensure that an inspector is available to
supervise any necessary transloading, and to certify that the shipment
is moving in compliance with the regulations.
\2\For a list of ports staffed by inspectors, contact the Animal
and Plant Health Inspection Service, Plant Protection and
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136,
Riverdale, Maryland 20737-1236.
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Other Comments
Some commenters stated that we do not know whether honeybees from
New Zealand are susceptible to tracheal mite. New Zealand has never
been infested with tracheal mite, and so, commenters said, the
honeybees have not had selection for resistance to these mites. They
believe it would be a disservice to U.S. beekeepers to allow them to
buy stock that is susceptible to tracheal mites.
This comment introduces the question of the quality of New Zealand
honeybees. The Honeybee Act, under which this rule is being issued, is
designed to prevent the movement into the United States of diseases and
parasites harmful to honeybees, and undesirable species or subspecies
of honeybees and their semen. New Zealand honeybees are free from
tracheal mite, and so their importation would not pose a significant
risk of introducing or spreading tracheal mite within the United
States. Further, even though U.S. apiaries have been plagued by
tracheal mite for a number of years, honeybees in the United States are
still susceptible to the mite and there is no research or experience
that indicates honeybees from New Zealand would be more susceptible to
tracheal mites than U.S. honeybees.
A few commenters stated that Canadian beekeepers report a high
incidence of supersedure in New Zealand queens. This comment also
voices a concern about the quality of New Zealand honeybees.
Researchers from USDA's Agricultural Research [[Page 5999]] Service
(ARS) have examined the issue of supersedure in queens from New Zealand
and have concluded that there does not seem to be a genetic reason for
the difficulty. Rather, stress from travelling overseas or damage or
injury to the queens during travel is the likely cause of supersedure
of New Zealand queens. In accordance with the Honeybee Act, our
regulations impose only those restrictions necessary to prevent the
spread of diseases and parasites harmful to honeybees, and undesirable
species or subspecies of honeybees and their semen.
A few commenters asserted that, although ARS may have checked
samples of honeybees from New Zealand, no raw data is available to the
beekeeping community. Commenters were concerned that the sampling
levels may not have been representative of all the honeybees in New
Zealand.
ARS researchers traveled to New Zealand in 1984, where they
conducted both field and laboratory tests and observations to determine
the health status of New Zealand honeybees. To supplement their on-site
studies in New Zealand, ARS imported 50 queens from six different
sources in April, 1985. After one year, the resulting colonies showed
no symptoms of any exotic diseases or parasites. In April, 1987, ARS
imported 10 3-pound packages of honeybees from New Zealand; again,
after one year, the package honeybees were all in good condition with
no signs of any exotic diseases or parasites. In May, 1988, ARS
imported 20 2-pound fibertube packages of honeybees from New Zealand,
which also exhibited no signs of exotic parasites or diseases. In
general, the honeybees imported by ARS arrived in good condition with
very few dead honeybees in the shipping containers.
Many commenters expressed frustration over the embargo Canada and
other major importing countries have placed on U.S. queens. They said
the U.S. queen rearing industry is in financial difficulty because of
shrinking markets, and competition from New Zealand could seriously
hurt it further. We believe it would be unlikely that New Zealand would
provide significant competition to U.S. producers if their honeybees
were imported into the United States. It was determined in the
regulatory flexibility analysis for the proposed rule that the price
disadvantage for New Zealand exporters, combined with the lack of
demand in the United States for New Zealand honeybees, would make it
difficult for New Zealand honeybees to have a significant impact on
U.S. markets. However, under this final rule, honeybees and honeybee
semen from New Zealand will not be imported into the United States, and
therefore, there is no potential impact on U.S. honeybee producers from
competition in the U.S. market.
One commenter said that, while it is true that the mainland United
States does not ship queens until late March or early April, Hawaii
produces and ships queens beginning in February, significantly
overlapping the New Zealand honeybee shipping season. According to our
information, New Zealand queens can be produced from September through
April. New Zealand's September to November queen production is fully
absorbed domestically and by exports to some Middle East and Pacific
Island markets. The February to April production is fully committed to
Canadian markets. That only leaves a production window in December and
January when New Zealand producers would have honeybees available for
U.S. markets. This window would not overlap the Hawaiian season. Even
so, as this final rule will not permit the importation of New Zealand
honeybees into the United States, this rule will have no economic
impact on U.S. producers in Hawaii or any other State.
Finally, one commenter suggested that a system of permits should be
instituted until experience proves that importation of honeybees from
New Zealand is hazard-free. If a problem develops, the honeybees could
then be traced to their location of origin in New Zealand. However, as
set forth above, this final rule will not permit the importation of New
Zealand honeybees into the United States, and will impose strict
precautions to be taken during the honeybees' transit of the United
States. This final rule also requires that shipments of honeybees and
honeybee semen from New Zealand be accompanied by a certificate issued
by the New Zealand Department of Agriculture certifying that the
shipment originated in New Zealand, and the honeybees or honeybee semen
will have to be shipped nonstop to the United States. We believe these
precautions will ensure that the transit of honeybees and honeybee
semen from New Zealand poses no significant threat to U.S. honeybees,
and that, therefore, a permit system appears to be unnecessary.
Miscellaneous
We are making a change to the proposed rule by removing the
proposed definition of ``certificate of origin.'' In order to make the
requirement more clear, we are instead stating in the rule that ``the
honeybees or honeybee semen must be accompanied by a certificate issued
by the New Zealand Department of Agriculture certifying that the
honeybees or honeybee semen were derived in or shipped from an apiary
in New Zealand.''
We are also making two editorial changes to the regulations. The
first removes the footnote in Sec. 322.1 that quotes a part of the
Honeybee Act. Prior to January 1, 1995, the Honeybee Act contained
criteria for determining which countries could be listed in the
regulations as countries from which honeybees or honeybee semen could
be imported into the United States. The Honeybee Act, as amended by the
implementing legislation for the General Agreement on Tariffs and
Trade, no longer contains those criteria and, therefore, no longer
needs to be set forth in the regulations. The second change is to the
Foreign Quarantine Notices, contained in 7 CFR part 319. The
regulations in 7 CFR 319.76-2 refer to the Honeybee Act. Specifically,
footnote 1 in Sec. 319.76-2 states, in part, that ``The Honeybee Act *
* * prohibits the importation into the United States of any live
honeybees of the genus Apis * * *'' We are amending this footnote to
reflect the January 1, 1995, amendments to the Honeybee Act discussed
above.
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.
This final rule allows honeybees and honeybee semen from New
Zealand to transit the United States en route to foreign destinations,
subject to certain conditions. This rule will primarily affect the
package bee and queen industry in New Zealand. Currently, the lack of
economical shipping routes outside the United States for New Zealand
honeybees makes shipments from New Zealand to many foreign destinations
cost prohibitive. The provisions of this rule will provide honeybee
producers in New Zealand with economically feasible access to these
foreign destinations. However, because the honeybees and honeybee semen
will not be imported into the United States, there is no potential
impact on U.S. honeybee producers from competition in the U.S. market.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not [[Page 6000]] have a significant economic impact on a substantial
number of small entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0072.
List of Subjects
7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
7 CFR Part 322
Bees, Honey, Imports, Reporting and recordkeeping requirements.
Accordingly, 7 CFR parts 319 and 322 are amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, and 450; 21
U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).
Subpart--Exotic Bee Diseases and Parasites
Sec. 319.76 [Amended]
2. In Sec. 319.76-2, footnote 1 is revised to read ``Regulations
regarding the importation of live honeybees of the genus Apis are set
forth in 7 CFR part 322.''.
PART 322--HONEYBEES AND HONEYBEE SEMEN
3. The authority citation for part 322 continues to read as
follows:
Authority: 7 U.S.C. 281; 7 CFR 2.17, 2.51, and 371.2(c).
Sec. 322.1 [Amended]
4. Section 322.1 is amended as follows:
a. Footnote 1 and the reference to footnote 1 are removed.
b. In paragraph (c), ``New Zealand'' is removed.
c. Paragraph (e) is redesignated as paragraph (f) and a new
paragraph (e) is added to read as set forth below:
Sec. 322.1 Importation of honeybees and honeybee semen.
* * * * *
(e) Honeybees and honeybee semen from New Zealand may transit the
United States en route to another country under the following
conditions:
(1) The honeybees or honeybee semen must be accompanied by a
certificate issued by the New Zealand Department of Agriculture
certifying that the honeybees or honeybee semen were derived in or
shipped from an apiary in New Zealand;
(2) The honeybees or honeybee semen must be shipped nonstop to the
United States for transit to another country;
(3) The honeybees must be contained in cages that are completely
enclosed by screens with mesh fine enough to prevent the honeybees from
passing through. Each pallet of cages must then be covered by an
escape-proof net that is secured tightly to the pallet so that no
honeybees can escape from underneath the net;
(4) The honeybees must be shipped by air through a port staffed by
an inspector.\1\ The honeybees may be transloaded from one aircraft to
another at the port of arrival in the United States, provided the
transloading is done under the supervision of an inspector and the area
used for any storage of the honeybees between flights is within a
completely enclosed building.
\1\For a list of ports staffed by inspectors, contact the Animal
and Plant Health Inspection Service, Plant Protection and
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136,
Riverdale, Maryland 20737-1236.
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(5) At least 2 days prior to the expected date of arrival of
honeybees at a port in the United States, the shipper must notify the
APHIS Officer in Charge at the port of arrival of the following: the
date of arrival and departure; the name and address of both the shipper
and receiver; the quantity of queens and the number of cages of package
honeybees in the shipment; and, the name of the airline carrying the
shipment.
* * * * *
Done in Washington, DC, this 26th day of January 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-2449 Filed 1-31-95; 8:45 am]
BILLING CODE 3410-34-M