[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Rules and Regulations]
[Pages 55180-55183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26871]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 91-071-2]


Importation of Hedgehogs and Tenrecs

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the animal importation regulations to prohibit 
the importation of hedgehogs and tenrecs into the United States from 
countries affected by foot-and-mouth disease. Additionally, we are 
imposing certain restrictions on the importation of hedgehogs and 
tenrecs into the United States from countries declared free of foot-
and-mouth disease. These actions are necessary to prevent the 
introduction of foot-and-mouth disease and other communicable animal 
diseases into the United States.

EFFECTIVE DATE: November 29, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. Keith Hand, Senior Staff 
Veterinarian, Import-Export Animals, VS, APHIS, 4700 River Road Unit 
39, Riverdale, MD 20737-1228, (301) 734-5097.

SUPPLEMENTARY INFORMATION:

Background

    The animal importation regulations in 9 CFR part 92 (referred to 
below as the regulations) prohibit or restrict the importation of 
certain animals and birds into the United States to prevent the 
introduction of communicable diseases of livestock and poultry. Subpart 
G of part 92 prohibits the importation of brushtail possums and 
hedgehogs from New Zealand.
    On May 9, 1995, we published in the Federal Register (60 FR 24580-
24584, Docket No. 91-071-1) a proposal to amend the regulations to 
prohibit the importation of hedgehogs and tenrecs into the United 
States from countries where foot-and-mouth disease (FMD) exists and to 
require that hedgehogs and tenrecs from countries declared free of FMD 
be inspected and treated for ectoparasites in the country of origin and 
that they be inspected upon arrival in the United States.
    We solicited comments concerning our proposal for 60 days ending 
July 10, 1995. We received one comment by that date. The comment is 
discussed below.
    Comment: The prohibition on the importation of hedgehogs and 
tenrecs from countries where FMD exists should be expanded to include 
hedgehogs and tenrecs from all countries, not just countries with FMD. 
Imported hedgehogs or tenrecs may carry diseases that are contagious to 
humans, such as bovine tuberculosis and salmonellosis. They can pass on 
fleas, ticks, mange, and, in the case of hedgehogs, five different 
intestinal worms to humans. Also, there is no United States Department 
of Agriculture (USDA) certified vaccine against rabies for hedgehogs 
and tenrecs. Because there is no documentation that exists proving 
hedgehogs and tenrecs cannot carry and transmit rabies, there is a risk 
that they may pass the rabies virus on to humans.
    There are also problems associated with importing and keeping wild 
animals, such as hedgehogs and tenrecs, as pets. Inadequate feeding and 
watering during transportation often causes fatalities in imported 
animals, and the stress associated with capture and transportation 
causes susceptibility to disease and illness. In the wild, hedgehogs 
and tenrecs are solitary insectivores that travel up to a mile per day. 
However, during importation, hedgehogs and tenrecs are often 
transported with other hedgehogs or tenrecs in close proximity and are 
fed cat and dog food. In addition, when owners do not properly maintain 
these animals in a home environment, the animals can become a hazard to 
human health, other animals, and the environment.
    Response: The Animal and Plant Health Inspection Service (APHIS) 
restricts the importation of certain animals into the United States to 
prevent the introduction and dissemination of communicable diseases of 
animals. Published research obtained by APHIS indicates that certain 
animals of the order Insectivora, including the family Erinaceidae 
(hedgehogs), may harbor the FMD virus. (Copies of this research may be 
obtained by writing to the individual listed under FOR FURTHER 
INFORMATION CONTACT.) Animals of the family Tenrecidae (tenrecs), often 
referred to as the Madagascar hedgehog, are similar to hedgehogs in 
appearance and behavior and may also be capable of harboring the FMD 
virus and transmitting it to other animals. Therefore, this rule amends 
part 92 to prohibit the importation of hedgehogs and tenrecs into the 
United States from countries where FMD exists to prevent the 

[[Page 55181]]
introduction of FMD into the United States.
    Further, research and APHIS' experience with hedgehogs and tenrecs 
indicates that these animals present a significant risk of carrying 
ectoparasites such as ticks, mites, and lice. Certain ticks spread East 
coast fever, heartwater, African swine fever, and other exotic diseases 
of livestock. Both hedgehogs and tenrecs are hosts to the type of ticks 
that carry these diseases, which do not exist in the United States. 
Therefore, this rule also amends part 92 to impose certain restrictions 
on the importation of hedgehogs and tenrecs from countries declared 
free of FMD, including requirements for inspection and treatment for 
ectoparasites.
    Bovine tuberculosis is a serious communicable disease of cattle, 
bison, and other species, including humans, caused by Mycobacterium 
bovis. Bovine tuberculosis (TB) causes weight loss, general 
debilitation, and sometimes death. The disease manifests itself as lung 
disease or draining, nonhealing, abscesses, or both. It is generally 
transmitted by breathing in respiratory excretions from infected 
animals or drinking infected milk from infected animals.
    In an interim rule effective on May 31, 1994, and published in the 
Federal Register on June 6, 1994 (see 59 FR 29186-29187, Docket No. 94-
032-1, and the subsequent affirmation of the interim rule at 60 FR 
4372, Docket No. 94-032-2, published in the Federal Register on January 
23, 1995), we amended the regulations to prohibit the importation of 
brushtail possums and hedgehogs from New Zealand. New Zealand reported 
that TB was endemic in the brushtail possum (Trichosurus vulpecula) and 
that the possums were a constant source of disease for the domestic 
livestock population in certain regions. New Zealand also reported that 
TB had been diagnosed in hedgehogs. There is no recognized test for 
detecting TB in hedgehogs or brushtail possums. These factors presented 
an unacceptable risk that hedgehogs from New Zealand could carry TB 
into the United States. However, APHIS does not have the scientific 
evidence to justify a prohibition on the importation of hedgehogs from 
all countries based on the possibility that hedgehogs may carry TB.
    APHIS has not identified any cases of Group D salmonella 
(Salmonella pullorum, Salmonella gallinarum, and Salmonella 
enteritidis), the salmonella that most affect poultry, in hedgehogs and 
tenrecs. Furthermore, many animals can carry salmonella; there is no 
evidence that hedgehogs and tenrecs present a unique risk of infecting 
livestock and poultry.
    Furthermore, there is no documentation proving that hedgehogs and 
tenrecs carry and transmit rabies. Consequently, there is no basis for 
our prohibiting the importation of hedgehogs and tenrecs because of 
rabies.
    We recognize the potential problems associated with keeping 
hedgehogs and tenrecs as pets, including the risk that these animals 
could transmit internal parasites or disease agents to humans. However, 
our regulations to restrict or prohibit the importation of animals are 
based on laws that, in general, authorize action to prevent the 
introduction or dissemination of communicable diseases of animals.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule without change.

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 document amends the animal import regulations to prohibit the 
importation of hedgehogs and tenrecs from countries affected with FMD. 
Additionally, it requires hedgehogs and tenrecs from countries that 
have been declared free of FMD to be inspected and treated for 
ectoparasites in the country of origin and to be inspected upon arrival 
in the United States.
    At present, approximately 3 to 10 small businesses in the United 
States import hedgehogs or tenrecs or both. These businesses specialize 
in the importation of exotic species for the domestic pet industry. 
Animal importers pay less than $75 per head to purchase and transport 
individual hedgehogs and tenrecs to the United States. In the present 
market, adult hedgehogs and tenrecs sell for an estimated retail range 
of approximately $120 to $360 each, depending upon age and species. 
During 1990, approximately 500 to 800 hedgehogs entered the United 
States from countries affected by FMD. Almost all of the hedgehogs 
imported into the United States were imported from Africa. Although we 
do not have information regarding the number of tenrecs imported into 
the United States in 1990, we believe that the number of imported 
tenrecs did not exceed the number of imported hedgehogs. Based upon 
those figures, we estimate an annual economic impact on the United 
States exotic pet industry of between $60,000 ($120  x  500) to 
$288,000 ($360  x  800) due to reduced sales. This loss in sales 
represents a negligible impact for an industry with sales that exceeded 
$300 million during 1990.
    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 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 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this proposed rule have been approved by the Office of 
Management and Budget (OMB) under OMB control numbers 0579-0040 and 
0579-0120.

List of Subjects in 9 CFR Part 92

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN 
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR 
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

    Accordingly, 9 CFR part 92 is amended as follows:
    1. The authority citation for part 92 continues to read as follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31 
U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

    2. In part 92, subpart G is revised to read as follows:

Subpart G--Miscellaneous Animals

Sec.
92.700  Definitions.
92.701  Prohibitions.
92.702  Restrictions.
92.703  Ports designated for importation.
92.704  Import permit.
92.705  Health certificate.
92.706  Notification of arrival.
92.707  Inspection at the port of first arrival. 

[[Page 55182]]


Subpart G--Miscellaneous Animals


Sec. 92.700  Definitions.

    Wherever in this subpart the following terms are used, unless the 
context otherwise requires, they shall be construed, respectively, to 
mean:
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any other employee of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, delegated 
to act in the Administrator's stead.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture (APHIS).
    Brushtail possum. Vulpine phalangers (Trichosurus vulpecula) of the 
family Phalangeridae.
    Delivery. The transfer of goods or interest in goods from one 
person to another.
    Enter (entry). To introduce into the commerce of the United States 
after release from government detention.
    Hedgehog. All members of the family Erinaceidae.
    Import (imported, importation). To bring into the territorial 
limits of the United States.
    Inspector. An employee of the Animal and Plant Health Inspection 
Service authorized to perform duties required under this subpart.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company.
    Tenrec. All members of the family Tenrecidae.
    United States. All of the States of the United States, the District 
of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the 
Virgin Islands of the United States, and all other territories and 
possessions of the United States.


Sec. 92.701  Prohibitions.

    (a) No person may import a hedgehog or tenrec into the United 
States from any country designated in Sec. 94.1 of this chapter as a 
country where foot-and-mouth disease exists.
    (b) No person may import a brushtail possum or hedgehog into the 
United States from New Zealand.


Sec. 92.702  Restrictions.

    Hedgehogs and tenrecs not specifically prohibited from being 
imported under Sec. 92.701 may be imported into the United States only 
in accordance with the regulations in this subpart.


Sec. 92.703  Ports designated for importation.

    (a) Any person importing a hedgehog or tenrec into the United 
States may import it, except as provided in paragraph (b) of this 
section, only through the following ports:
    (1) Air and ocean ports. Anchorage and Fairbanks, AK; San Diego and 
Los Angeles, CA; Denver, CO; Jacksonville, Miami, St. Petersburg-
Clearwater, and Tampa, FL; Atlanta, GA; Honolulu, HI; Chicago, IL; New 
Orleans, LA; Portland, ME; Baltimore, MD; Boston, MA; Minneapolis, MN; 
Great Falls, MT; Newburgh, NY; Portland, OR; San Juan, PR; Galveston 
and Houston, TX; and Seattle, Spokane, and Tacoma, WA.
    (2) Canadian border ports. Eastport, ID; Houlton and Jackman, ME; 
Detroit, Port Huron, and Sault Ste. Marie, MI; Opheim, Raymond, and 
Sweetgrass, MT; Alexandria Bay, Buffalo, and Champlain, NY; Dunseith, 
Pembina, and Portal, ND; Derby Line and Highgate Springs, VT; Blaine, 
Lynden, Oroville, and Sumas, WA.
    (3) Mexican border ports. Douglas, Naco, Nogales, Sasabe, and San 
Luis, AZ; Calexico and San Ysidro, CA; Antelope Wells, and Columbus, 
NM; and Brownsville, Hidalgo, Laredo, Eagle Pass, Del Rio, Presidio, 
and El Paso, TX.
    (b) The Secretary of the Treasury has approved the designation, as 
inspection stations, of the ports specified in paragraph (a) of this 
section. In special cases, the Administrator may designate other ports 
as inspection stations in accordance with this section, with the 
concurrence of the Secretary of the Treasury.


Sec. 92.704  Import permit.

    (a) General requirements. No person may import a hedgehog or tenrec 
into the United States unless it is accompanied by an import permit 
issued by APHIS and is imported into the United States within 30 days 
after the proposed date of arrival stated in the import permit. The 
importer or his or her agent must notify the inspector at the port of 
first arrival of the date of arrival at least 72 hours before the 
hedgehog or tenrec arrives in the United States.
    (b) Import permit required. Any person who desires to import a 
hedgehog or tenrec must complete and submit one copy of an application 
(VS Form 17-129) for an import permit to the Import-Export Animals 
Staff, National Center for Import-Export, Veterinary Services, Animal 
and Plant Health Inspection Service, United States Department of 
Agriculture, 4700 River Road Unit 39, Riverdale, Maryland 20737-1231. 
This staff will supply application forms for import permits upon 
request. A separate application must be prepared for each shipment.
    (c) Application for an import permit. The importer must complete, 
sign, and date the application for an import permit, which must include 
the following information:
    (1) The name and address of the shipper in the country of origin of 
the hedgehog or tenrec intended for importation into the United States.
    (2) The name, address, and telephone number of the importer.
    (3) The port of embarkation.
    (4) The country from which the hedgehog or tenrec will be shipped 
to the United States.
    (5) The mode of transportation.
    (6) The number, breed, species, and descriptions of the hedgehogs 
or tenrecs to be imported.
    (7) The purpose of the importation.
    (8) The route of travel, including all carrier stops en route.
    (9) The proposed shipping and arrival dates.
    (10) The port of first arrival in the United States.
    (11) The name, mailing address, and telephone number of the person 
to whom the hedgehog or tenrec will be delivered in the United States.
    (12) The location of the place where delivery will be made in the 
United States.
    (13) Any remarks regarding the shipment.
    (d) Issuance of an import permit. Upon receipt of the application, 
APHIS will review the application. If the hedgehog or tenrec appears to 
be eligible to be imported into the United States, APHIS will issue an 
import permit indicating the applicable requirements under this subpart 
for the importation of the hedgehog or tenrec. Even though an import 
permit has been issued for the importation of a hedgehog or tenrec, the 
animal may enter the United States only if all other applicable 
requirements of this subpart have been met.

(Approved by the Office of Management and Budget under control 
number 0579-0040)


Sec. 92.705  Health certificate.

    (a) No person may import a hedgehog or tenrec into the United 
States unless it is accompanied by a health certificate either issued 
by a full-time salaried veterinary officer of the national government 
of the exporting country or issued by a veterinarian authorized or 
accredited by the national government of the exporting country and 
endorsed by a full-time salaried veterinary officer of the national 
government of that country. The health certificate must contain the 
names and street addresses of the consignor and consignee and must 
state: 

[[Page 55183]]

    (1) That the hedgehog or tenrec originated in a country that has 
been recognized as free of foot-and-mouth disease by the USDA;
    (2) That the hedgehog or tenrec has never been in a country where 
foot-and-mouth disease exists;
    (3) That the hedgehog or tenrec has not been commingled with any 
other hedgehog or tenrec that originated in or has ever been in a 
country where foot-and-mouth disease exists;
    (4) That the hedgehog or tenrec was inspected by the individual 
issuing the health certificate and was found free of any ectoparasites 
not more than 72 hours before being loaded on the means of conveyance 
which transported the animal to the United States;
    (5) That all body surfaces of the hedgehog or tenrec were treated 
for ectoparasites under the supervision of the veterinarian issuing the 
health certificate at least 3 days but not more than 14 days before 
being loaded on the means of conveyance that transported the animal to 
the United States;
    (6) That the pesticide and the concentration used would kill the 
types of ectoparasites that may infest the animal to be imported;
    (7) That the hedgehog or tenrec, after being treated for 
ectoparasites in accordance with paragraphs (a)(5) and (a)(6) of this 
section, had physical contact only with, or shared a pen or bedding 
materials only with, treated hedgehogs or tenrecs in the same shipment 
to the United States; and
    (8) The name and concentration of the pesticide used to treat the 
hedgehog or tenrec.
    (b) [Reserved]

(Approved by the Office of Management and Budget under control 
number 0579-0040)


Sec. 92.706  Notification of arrival.

    Upon the arrival of a hedgehog or tenrec at the port of first 
arrival in the United States, the importer or his or her agent must 
present the import permits and health certificates required by this 
subpart to the collector of customs for the use of the inspector at 
that port.


Sec. 92.707  Inspection at the port of first arrival.

    (a) A hedgehog or tenrec from any part of the world must be 
inspected by an APHIS inspector at the port of first arrival. Subject 
to the other provisions in this subpart, a shipment of hedgehogs or 
tenrecs may enter the United States only if each hedgehog or tenrec in 
the shipment is found free of ectoparasites and any clinical signs of 
communicable diseases.
    (b) If any hedgehog or tenrec in a shipment is found to be infested 
with ectoparasites or demonstrates any clinical signs of communicable 
diseases, then the entire shipment will be refused entry. The importer 
will be given the following options:
    (1) Remove the shipment from the United States; or
    (2) Release the shipment to the U.S. Department of Agriculture. The 
Administrator will destroy or otherwise dispose of the shipment as 
necessary to prevent the possible introduction into the United States 
of communicable animal diseases.

    Done in Washington, DC, this 24th day of October 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-26871 Filed 10-27-95; 8:45 am]
BILLING CODE 3410-34-P