[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Proposed Rules]
[Pages 9633-9634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4178]



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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 94-058-1]


Importation of Wild Turkey Carcasses

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations concerning imported 
animal products to allow wild turkey carcasses from countries where 
Exotic Newcastle disease is considered to exist to be brought into the 
United States if the head, feet, and viscera of the wild turkeys have 
been removed. Currently, wild turkey carcasses must be cooked before 
they may be imported. However, we have determined that wild turkey 
carcasses, once the head, feet, and viscera have been removed, may be 
imported into the United States without risk of introducing disease. 
This proposed change in the regulations would reduce restraints on 
hunters who wish to bring wild turkey carcasses into the United States.

DATES: Consideration will be given only to comments received on or 
before April 24, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-058-1, Animal and Plant Health Inspection Service, Policy 
and Program Development, Regulatory Analysis and Development, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Comments received may be 
inspected at USDA, room 1141, South Building, 14th Street and 
Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m., 
Monday through Friday, except holidays. Persons wishing to inspect 
comments are requested to call ahead on (202) 690-2817 to facilitate 
entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. John Gray, Senior Staff 
Veterinarian, Animal and Plant Health Inspection Service, Veterinary 
Services, Import/Export Products, 4700 River Road Unit 40, Riverdale, 
MD 20737-1231, (301) 734-7885.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation into the United States of specified 
animals, birds, and poultry, and animal, bird, and poultry products to 
prevent the introduction into the United States of various diseases of 
livestock and poultry.
    Currently, the regulations in Sec. 94.6(c)(3), (c)(4), and (c)(5) 
require that carcasses, and parts or products of carcasses, of poultry, 
game birds, or other birds, may be imported from countries where exotic 
Newcastle disease (VVND) is considered to exist only under certain 
conditions.
    VVND is considered to exist in Mexico. Hunters have requested that 
they be allowed to return to the United States from Mexico with fresh 
killed turkey. Currently, the regulations require that turkeys from 
Mexico and other countries where VVND is considered to exist be cooked, 
packed in hermetically sealed containers and cooked, or imported under 
a permit. However, the regulations provide that game birds (defined in 
Sec. 94.0 as ``Migratory birds, including certain ducks, geese, 
pigeons, and doves'') may be imported without cooking or permit if they 
have been eviscerated, and the heads and feet have been removed. When 
the turkeys are cooked for later consumption, any VVND virus in the 
meat will be destroyed. Viscera, heads, and feet for these game birds 
may not be imported into the United States, since VVND may be spread by 
these parts. The Animal and Plant Health Inspection Service (APHIS) has 
determined that turkeys may also be imported without presenting any 
significant disease risk if the head, feet, and viscera of the turkey 
are removed before the carcass is presented for entry into the United 
States.
    We propose, therefore, to add wild turkeys to the definition of 
game birds in Sec. 94.0, and to allow wild turkey carcasses with heads, 
feet, and viscera removed to be imported from countries where VVND is 
considered to exist without further restriction. We also propose to 
amend the definition of poultry in Sec. 94.0 to clarify that, when 
turkey is commercial, domestic, or pen-raised, it would be poultry 
under the regulations (as opposed to a wild turkey, which would be a 
game bird).

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule change would affect individual hunters who bring 
wild turkey carcasses into the United States from countries where VVND 
exists. This would primarily involve individuals who hunt wild turkeys 
in Mexico, since we are not aware of any significant interest in 
bringing wild turkey carcasses into the United States from other 
countries where VVND exists. Most hunters from the United States who 
hunt wild turkey in Mexico hunt the Gould turkey (a subspecies not 
found in the United States) or the Rio Grande turkey. It is estimated 
that between 50 and 100 wild turkey carcasses are brought into the 
United States from Mexico annually, by less than 50 U.S. hunters. There 
are a minimal number of small businesses that assist U.S hunters in 
booking Mexican guides for these turkey-hunting trips, and booking the 
trips is only a minor part of their business.
    Currently, hunters must cook the wild turkey carcasses before 
bringing them into the United States from Mexico. This proposed rule 
would give hunters the option of not cooking the wild turkeys if they 
remove the head, feet, and viscera. We do not anticipate a significant 
increase in the number of either U.S. hunters of wild Mexican turkeys, 
or wild turkey carcasses imported into the United States, as a result 
of this proposed rule.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule. [[Page 9634]] 

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR part 94 would be amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE 
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: 
PROHIBITED AND RESTRICTED IMPORTATIONS

    1. The authority citation for part 94 would continue to read as 
follows:

    Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR 2.17, 2.51, and 
371.2(d).


Sec. 94.0  [Amended]

    2. In Sec. 94.0, the definition for Game birds would be amended by 
adding ``, and wild turkeys'' immediately following the word 
``pheasants''.
    3. In Sec. 94.0, the definition for Poultry would be amended by 
removing ``turkeys,'' immediately following ``Chickens,'' and adding 
``turkeys,'' immediately following ``pen-raised''.

    Done in Washington, DC, this 13th day of February 1995.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-4178 Filed 2-17-95; 8:45 am]
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