[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Proposed Rules]
[Pages 43188-43193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21208]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Parts 92 and 130

[Docket No. 95-057-1]


Importation of Pet Birds

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing several changes to the regulations for 
importing pet birds into the United States. First, we are proposing to 
remove the requirement for veterinary inspection at the port of entry 
for all pet birds imported from Canada, including pet birds of U.S. 
origin that have been in Canada. We would also remove the requirement 
that such birds may only be imported through a designated port. For pet 
birds of Canadian origin, we would add the requirement that the birds 
be accompanied by a veterinary health certificate issued by Agriculture 
Canada. We are also proposing to allow pet birds imported from 
countries other than Canada to be maintained under home quarantine for 
30 days rather than be quarantined for 30 days at a facility operated 
by the United States Department of Agriculture. Finally, we are 
proposing to allow microchip implants as a form of permanent 
identification for pet birds of U.S. origin. We believe these actions 
would facilitate the importation of pet birds, while continuing to 
provide protection against the introduction of communicable poultry 
diseases into the United States.

DATES: Consideration will be given only to comments received on or 
before October 21, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-057-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 95-057-1. 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. Tracye R. Butler, Staff 
Veterinarian, Import-Export Animals, National Center for Import-Export, 
VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301) 
734-5097.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 92 (referred to below as the 
regulations) regulate the importation of certain animals and birds, 
including pet birds that are imported for the personal pleasure of 
their individual owners and are not intended for resale, to prevent the 
introduction of communicable diseases of livestock and poultry.
    The regulations provide different requirements for importing pet 
birds depending on the origin of the bird. For pet birds imported from 
Canada, the regulations require that, among other things, the birds 
must be found upon port of entry veterinary inspection to be free of 
poultry diseases. In order to allow for veterinary inspection, the 
regulations require that pet birds from Canada may only be imported 
through a port designated in Sec. 92.102 or Sec. 92.203, because these 
are ports where inspectors qualified to perform veterinary inspections 
are available. The result of this requirement has been that some pet 
bird owners from Canada have to travel a considerable distance to 
import their pet bird through a designated port of entry. This is often 
inconvenient and expensive for pet bird owners.
    Approximately 300 pet birds are imported from Canada through 
designated ports each year. No communicable disease of poultry has ever 
been detected upon veterinary inspection at the port of entry in a pet 
bird from Canada. For this reason, we believe that importing pet birds 
from Canada without veterinary inspection at the port of entry would 
not pose any significant risk of introducing a communicable disease of 
poultry into the United States. We are, therefore, proposing to remove 
the requirement that birds imported from Canada must receive a 
veterinary inspection at the port of entry, as well as the requirement 
that pet birds from Canada may only be imported through designated 
ports.
    However, as a precaution to ensure that pet birds imported from 
Canada do not carry communicable poultry diseases, we would require 
that pet birds imported from Canada must be accompanied by a veterinary 
health certificate issued by a veterinarian employed full-time by 
Agriculture Canada. The certificate would have to state that, upon 
inspection by an Agriculture Canada veterinarian, the bird was found 
free of any signs of communicable diseases of poultry. The inspection 
by the Agriculture Canada veterinarian must have been conducted within 
30 days preceding the date of importation of the pet bird. Although it 
would cost a pet bird owner approximately US $9.50 (Can $13.00) to 
obtain this certificate, the cost is less than the average charge of US 
$16.50 for veterinary inspection of the pet bird at the port of entry. 
Also, the pet bird owner would be able to obtain the certificate at his 
or her convenience (within 30 days prior to importation) and would be 
able to import the pet bird through whatever port is most convenient to 
the owner.
    For pet birds of U.S. origin that are returning to the United 
States from any country, the regulations also require that the birds be 
imported only through ports designated in Sec. 92.102 or Sec. 92.203 
and that the birds receive a veterinary inspection at the port of 
entry. Further, if the pet birds have been outside the United States 
for more than 60 days, the regulations require that the birds be 
maintained by their owner under home quarantine for a minimum of 30 
days, until they are released from quarantine by an inspector of the 
Animal and Plant Health Inspection Service (APHIS). For the reasons 
stated previously for pet birds from Canada, we are proposing to remove 
these requirements for pet birds of U.S. origin that have been outside 
the United States only in Canada. Pet birds that originated in the 
United States but that have been in any country other than Canada 
during their time outside the United States would continue to be 
subject to veterinary inspection at the port of entry and, if 
appropriate, home quarantine.
    For pet birds not of U.S. origin imported from any country other 
than

[[Page 43189]]

Canada, the regulations require, among other things, that the birds be 
quarantined for a minimum of 30 days at a quarantine facility operated 
by the United States Department of Agriculture (USDA). There, each pet 
bird or lot of birds is isolated in a biologically secure unit separate 
and apart from all other avian species (if more than one bird is 
imported by the same owner and the birds are compatible, the ``lot'' 
can be kept together in the same isolette). During the isolation 
period, the pet birds are subjected to tests and procedures to 
determine whether they are free from communicable diseases of poultry. 
If the pet birds are found during quarantine to be infected with or 
exposed to any communicable disease of poultry, they will not be 
released for entry into the United States.
    The primary diseases of concern that could be carried by pet birds 
imported from other countries are exotic Newcastle disease (END) and 
pathogenic strains of avian influenza (AI). Captive-bred birds are at a 
relatively low risk of spreading END, pathogenic AI, or other 
communicable poultry diseases, because they are born and raised in a 
controlled environment where it would be easy to determine if they had 
been exposed to an infected bird. Wild-caught birds are at the highest 
risk for carrying END, pathogenic AI, and other communicable diseases 
of poultry, because it is impossible to control or determine what they 
were exposed to in the wild.
    As a result of the Wild Bird Conservation Act of 1992 (the Act), 
the number of wild-caught pet birds imported into the United States has 
been significantly reduced. Under the Act, in order to import any pet 
bird purchased outside the United States, an owner must have documented 
evidence that he or she has resided outside the United States 
continuously for at least 1 year, may not import more than two pet 
birds, must have a permit from the U.S. Fish and Wildlife Service, 
documented evidence that each bird was acquired legally, and all 
necessary permits from the country of export. These requirements 
eliminate a once common practice of U.S. citizens purchasing exotic, 
wild-caught birds while on vacation, and bringing them back to the 
United States as pets. The virtual elimination of wild-caught pet bird 
importations, as well as an overall reduction in importation of any pet 
birds, significantly reduces the risk of imported pet birds introducing 
communicable diseases of poultry into the United States. There have 
been no isolations of END or pathogenic AI in any pet bird legally 
imported through a USDA-operated quarantine facility in at least 10 
years.
    For these reasons, although we continue to believe that it is 
necessary to take the precaution of quarantining pet birds imported 
from countries other than Canada for a minimum of 30 days, we do not 
believe that it is necessary to require that the birds be quarantined 
in a USDA-operated facility. Therefore, we are proposing to allow 
owners of such birds to maintain their pet birds under home quarantine 
for the same 30-day time period. The provisions for home quarantine 
would be the same as those currently in the regulations for pet birds 
of U.S. origin that have been outside of the United States for more 
than 60 days (see Sec. 92.101(c)(2)). At the time the pet bird is 
offered for importation at the port of entry, the owner must sign a 
home quarantine agreement on VS Form 17-8, stating that: (1) The bird 
has been in the owner's possession while outside the United States for 
the 90 days prior to the date the bird is offered for importation and 
that, during that 90 days, the bird was not in contact with any poultry 
or other birds; (2) the bird will be maintained under quarantine in the 
owner's personal possession separate and apart from all poultry and 
other birds for a minimum of 30 days following importation at the 
address where the birds are to held (listed by the owner on the 
agreement); (3) the bird will be made available for health inspection 
and testing by an inspector upon request until released from quarantine 
by the inspector; (4) if the bird must be moved from the address listed 
on the agreement, the owner will contact the Federal official listed on 
the agreement prior to such movement; and (5) the owner agrees to 
immediately notify appropriate Federal officials in the State of 
destination if any signs of disease are noted in any bird, or if any 
bird dies, during the quarantine period. The bird will not be released 
from quarantine until an inspector has determined that the owner has 
complied with all the provisions on the agreement.
    Although we believe that most owners importing pet birds from 
countries other than Canada would choose to quarantine their pet birds 
at home, we would not remove the option for quarantine in a USDA-
operated facility. Some owners may choose not to quarantine their pet 
birds at home. Also, we would add a stipulation for the importation of 
any pet bird, including pet birds of U.S. origin or pet birds from 
Canada, that if an inspector at the port of entry determines that any 
of the requirements for importation have not been met (for example, the 
pet bird has not been in the owner's personal possession for the 
required minimum amount of time prior to importation, or the pet bird 
is not accompanied by the appropriate health certificate), the 
inspector will require that the pet bird be quarantined at a USDA-
operated facility in order to be imported.

User Fees

    The regulations in 9 CFR part 130 contain schedules of user fees 
for certain services performed by APHIS. Among the services for which 
APHIS charges a user fee are veterinary inspection of pet birds at the 
port of entry, home quarantine inspection for pet birds, and isolette 
fees for pet birds that are quarantined at facilities operated by the 
USDA. We are proposing to add a new paragraph (c)(4) to Sec. 92.101 to 
reference the user fee schedules in part 130, in order to ensure that 
pet bird owners would be aware that they will be charged all applicable 
user fees for inspection and quarantine services, as listed in 9 CFR 
part 130. We would also amend the regulations in 9 CFR part 130 to 
reflect that pet birds imported from any country could now undergo home 
quarantine, and should be charged the appropriate user fee for home 
quarantine services.

Miscellaneous

    The regulations in Sec. 92.101(c)(2)(i) currently require that pet 
birds of U.S. origin must have been identified prior to departure from 
the United States with a leg band or tattoo bearing a number. The leg 
band or tattoo number must be listed on the veterinary health 
certificate that accompanies the pet bird. However, microchip implants 
are the preferred form of identification for some pet bird owners 
because some birds do not adapt well to wearing a leg band (they chew 
the band or catch it on objects, potentially injuring themselves), and 
because the thin skin of birds makes it difficult to read a tattoo.
    Therefore, we are proposing to allow owners of U.S.-origin birds 
the option of identifying their pet birds with a microchip implant. We 
would revise the regulations in this respect to state that the 
veterinary health certificate accompanying the bird must show the leg 
band, tattoo, or microchip identification number that was affixed to 
the bird prior to the departure of the bird from the United States. 
Even though we would allow identification with a microchip, we would 
not be able to provide devices necessary to read the microchip at the 
port of entry. Currently, there is no microchip reader capable of 
reading all microchips produced by different manufacturers.

[[Page 43190]]

Therefore, we would require the owner of a pet bird identified by a 
microchip to also provide a reader capable of reading the microchip 
identification of the pet bird.
    We are proposing to amend Sec. 92.101(c) to require all pet birds 
to be presented in a cage at the port of entry by their owners. These 
requirements currently appear only in Sec. 92.101(c)(1) for pet birds 
imported from Canada. We are also proposing to remove the requirement 
in Sec. 92.101(c)(2)(ii)(A) that pet birds of U.S. origin that have 
been outside the United States for more than 60 days must be 
accompanied by a notarized declaration under oath or affirmation (or a 
statement signed by the owner and witnessed by a Department inspector) 
stating that the birds have not been in contact with poultry or other 
birds while outside the United States. Owners of such birds are already 
required to sign a home quarantine agreement on VS Form 17-8. VS Form 
17-8 includes a certification that the bird has not been in contact 
with any poultry or other birds for at least 90 days prior to 
importation, and we believe 90 days would allow adequate time for any 
signs of communicable poultry diseases to appear. Therefore, the 
notarized declaration appears to be unnecessary.
    We are also proposing to make two editorial changes in order to 
make the regulations consistent and easier to read. First, the current 
regulations in Sec. 92.101(c) refer variably to the importation of pet 
birds and to the importation of ``lots'' of pet birds. Because the 
importation of pet birds under these regulations is not necessarily in 
lots, and often involves a single pet bird, and because the term 
``lot'' could be confused to mean commercial lots of birds, we are 
proposing to remove the term ``lots of pet birds'' wherever it appears.
    The second editorial change would be to revise the description in 
Sec. 92.101(c)(2)(ii)(B) of the agreement for home quarantine to make 
it consistent with the language that actually appears on VS Form 17-8. 
For example, as stated on VS Form 17-8, we would add that, if the birds 
must be moved during the quarantine period, the owner agrees to contact 
the official listed on the form prior to such movement.

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 the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposal would remove the requirement for veterinary 
inspection at the port of entry for all pet birds imported from Canada, 
including pet birds of U.S. origin that have been in Canada. We would 
also remove the requirement that such birds may only be imported 
through a port designated in Sec. 92.102 or Sec. 92.203. For pet birds 
of Canadian origin, we would add the requirement that the birds be 
accompanied by a veterinary health certificate issued by Agriculture 
Canada.
    Approximately 300 pet birds of U.S. and Canadian origin are 
imported into the United States from Canada each year. Many American 
and Canadian citizens routinely travel across the United States-Canada 
border with their pet birds. Some have homes on both sides of the 
border. Currently, pet birds imported from Canada, whether of U.S. or 
Canadian origin, must undergo veterinary inspection at the port of 
entry. In order to allow for veterinary inspection, the pet birds may 
only be imported through a port designated in Sec. 92.102 or 
Sec. 92.203, because these are ports where inspectors qualified to 
perform veterinary inspections are available. The result of this 
requirement has been that pet bird owners entering the United States 
from Canada often travel a considerable distance in order to import 
their pet bird through a designated port of entry. This is often 
inconvenient and expensive for pet bird owners.
    This proposal would allow both Canadian- and U.S.-origin pet birds 
imported from Canada to be imported through any port of entry on the 
U.S.-Canada border. This could result in a savings for pet bird owners 
who would otherwise have had to travel considerable distances to enter 
through a designated port of entry. These pet bird owners would also no 
longer have to pay the user fee for port of entry veterinary 
inspection. Currently, if the pet birds are imported during business 
hours, the user fee for veterinary inspection is based on an hourly 
rate of $56.00 per hour or $14.00 per quarter hour, with a minimum 
charge of $16.50. The average charge for a veterinary inspection is 
$16.50. After business hours, the user fee is $65.00 per hour on 
weekdays and holidays ($16.25 per quarter-hour) and $74.00 per hour on 
Sundays ($18.50 per quarter-hour).
    We do not expect that the addition of a veterinary health 
certificate requirement for pet birds of Canadian origin would have any 
significant economic impact on pet bird owners. Agriculture Canada 
charges Can$13.00 (approximately US$9.50) to issue a veterinary health 
certificate.
    This proposal would also allow pet birds imported from countries 
other than Canada to be maintained under home quarantine for 30 days 
rather than be quarantined for 30 days at a facility operated by USDA. 
Approximately 1,520 pet birds were imported into the United States from 
countries other than Canada during FY 1994.
    Currently, a user fee of $6.50 per day for one bird is charged to 
owners who quarantine their pet birds in a USDA-operated facility, 
adding to about $195.00 for a minimum 30-day isolation. If an owner is 
importing more than one pet bird and the birds can be kept together in 
a single isolette, the daily fee is raised by approximately $1.25 to 
$1.50 per bird (for up to five birds). If the birds cannot be kept 
together, the owner is charged the full $6.50 per day for each bird 
imported. Since the quarantine facility is usually far from the owner's 
final destination, the owner must also either return to pick up the 
bird personally or pay a broker to deliver the bird after it is 
released from quarantine. Costs for broker services, the most common 
choice of pet bird owners, run between approximately $50 and $150 plus 
shipping costs.
    Pet bird owners who choose to maintain their birds under a 30-day 
home quarantine as a result of this proposal would be charged a user 
fee of $169.75 per bird or group of birds (if the group of birds 
entered the United States at the same time and undergoes quarantine at 
the same location). This is the same user fee currently charged for pet 
birds of U.S. origin that must be maintained under home quarantine 
because they were outside of the United States for more than 60 days. 
The fee covers veterinary inspection at the port of entry and the cost 
of veterinary inspection at the address where the bird is held under 
home quarantine. The user fee for home quarantine is $25.25 less than 
the fee for quarantine at a USDA-operated facility. The owner would 
also save the cost of retrieving the bird personally or paying a broker 
to deliver the bird. Also, home quarantine would result in a savings 
for pet bird owners who are importing more than one pet bird because 
the fee would remain the same as long as the birds are quarantined at 
the same location. Pet bird owners would continue under this proposal 
to have the option of quarantining their birds at a USDA-operated 
facility.
    Finally, this proposal would allow microchip implants to be used as 
a form of permanent identification for pet birds

[[Page 43191]]

of U.S. origin. The cost of a microchip implant is less than $10. A 
microchip reader, which the owner would have to provide, costs 
approximately $450 to $1250. However, this rule would not require 
owners to identify their pet birds with microchip implants, and we 
believe that most pet bird owners would choose the less costly 
identification methods currently allowed in the regulations (tattoo or 
leg band).
    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 12988

    This proposed rule has been reviewed under Executive Order 12988, 
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.

Paperwork Reduction Act

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

List of Subjects

9 CFR Part 92

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

9 CFR Part 130

    Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry, 
Quarantine, Reporting and recordkeeping requirements, Tests.

    Accordingly, 9 CFR parts 92 and 130 would be amended as follows:

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

    1. The authority citation for part 92 would continue 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 2.22, 2.80, and 371.2(d).

    2. Section 92.101 would be amended as follows:
    a. Paragraphs (c)(3)(ii), (c)(3)(iii), (c)(3)(iv), and (c)(3)(v) 
would be redesignated as paragraphs (c)(3)(iv)(B)(1), (c)(3)(iv)(B)(2), 
(c)(3)(iv)(B)(3), and (c)(3)(iv)(B)(4), respectively.
    b. In paragraph (c), a heading and introductory text would be 
added, paragraphs (c)(1), (c)(2), (c)(3) introductory text and 
(c)(3)(i) would be revised, and new paragraphs (c)(3)(ii), (c)(3)(iii), 
(c)(3)(iv) introductory text, (c)(3)(iv) (A), (c)(3)(iv)(B) 
introductory text and (c)(4) would be added to read as set forth below.
    c. In paragraph (d), the introductory text would be revised to read 
as set forth below.


Sec. 92.101  General prohibitions; exceptions.

* * * * *
    (c) Importation of pet birds. Any pet bird that does not meet the 
requirements in paragraph (c)(1), (c)(2), or (c)(3) may only be 
imported after quarantine at a USDA-operated quarantine facility, in 
accordance with paragraph (c)(3)(iv)(B).
    (1) Pet birds from Canada. Any pet bird that is not known to be 
affected with or exposed to any communicable disease of poultry may be 
imported from Canada in accordance with the following requirements:
    (i) The bird must be presented at the port of entry by its owner 
and in a cage;
    (ii) The bird must be accompanied by a veterinary health 
certificate issued by a veterinarian employed full-time by Agriculture 
Canada. The certificate must state that, upon inspection by the 
veterinarian, the bird was found free of any signs of communicable 
diseases of poultry. The veterinary inspection must have been conducted 
within 30 days preceding the date of importation; and
    (iii) At the time the bird is offered for importation at the port 
of entry, the owner must sign a document stating that the bird has been 
in the owner's possession for the 90 days preceding the date of 
importation and that, during that 90 days, the bird has not been in 
contact with any poultry or other birds (for example, association with 
other avian species at exhibitions or in aviaries).
    (2) Pet birds that originated in the United States. (i) Not outside 
the United States for more than 60 days. Any pet bird that originated 
in the United States, and that has not been outside the United States 
for more than 60 days, and that is not known to be affected with or 
exposed to any communicable disease of poultry may be imported in 
accordance with the following requirements:
    (A) The bird must be presented in a cage at the port of entry by 
its owner;
    (B) The bird must be accompanied by a United States veterinary 
health certificate issued prior to the departure of the bird from the 
United States. The certificate must show the leg band, tattoo, or 
microchip permanent identification number that was affixed to the bird 
prior to the departure of the bird from the United States. If the bird 
is identified by a microchip, the owner must provide a reader capable 
of reading the microchip identification of the pet bird; and
    (C) At the time the bird is offered for importation at the port of 
entry, the owner must sign a document stating that the bird has been in 
the owner's possession during the entire time it was outside the United 
States and that, during that time, the bird was not in contact with any 
poultry or other birds (for example, association with other avian 
species at exhibitions or in aviaries).
    (D) Except for pet birds of U.S. origin that have been outside the 
United States only in Canada, the bird may be imported only through a 
port designated in Sec. 92.102 or Sec. 92.203. An inspector at the port 
of entry will perform a veterinary inspection and must determine that 
the bird is free of any signs of communicable diseases of poultry, and 
that the leg band, tattoo, or microchip number is the same as the 
identification number found on the veterinary health certificate, 
before the bird may be imported.
    (ii) Outside the United States for more than 60 days. Any pet bird 
that originated in the United States and that has been outside the 
United States for more than 60 days, and that is not known to be 
affected with or exposed to any communicable diseases of poultry, may 
be imported in accordance with the following requirements:
    (A) The bird must meet all the requirements of paragraphs 
(c)(2)(i)(A), (c)(2)(i)(B), and (c)(2)(i)(D); and
    (B) Except for pet birds of U.S. origin that have been outside the 
United States only in Canada, at the time the bird is offered for 
importation at the port of

[[Page 43192]]

entry, the owner must sign a home quarantine agreement on VS Form 17-8. 
The bird will not be released from quarantine until an inspector has 
determined that the owner has complied with all the provisions on the 
agreement. Under the agreement:
    (1) The owner certifies that the bird has been in the owner's 
possession while outside the United States for the 90 days prior to the 
date the bird is offered for importation and that, during that 90 days, 
the bird was not in contact with any poultry or other birds;
    (2) The owner agrees that the bird will be maintained under 
quarantine in the owner's personal possession separate and apart from 
all poultry and other birds for a minimum of 30 days following 
importation at the address where the birds are to be held (listed by 
the owner on the agreement), and that the bird will be made available 
for health inspection and testing by an inspector upon request until 
released from quarantine by the inspector. The owner also agrees that, 
if the bird must be moved from the address listed on the agreement, the 
owner will contact the Federal official listed on the agreement prior 
to such movement; and
    (3) The owner agrees to immediately notify appropriate Federal 
officials in the State of destination if any signs of disease are noted 
in any bird, or if any bird dies, during the quarantine period.
    (iii) Pet birds of United States origin that do not meet the 
requirements of paragraph (c)(2) of this section may be imported in 
accordance with the requirements of paragraph (c)(3) of this section.
    (3) Pet birds from countries other than Canada that did not 
originate in the United States. Any pet bird may be imported from any 
country other than Canada in accordance with the following 
requirements:
    (i) The bird may be imported only through a port designated in 
Sec. 92.102 or Sec. 92.203; except, if the bird is to be quarantined at 
a USDA-operated facility, the bird may be imported only through a port 
designated in Sec. 92.102(a). An inspector at the port of entry will 
perform a veterinary inspection and must determine that the bird is 
free of any signs of communicable diseases of poultry before the bird 
will be released for entry into the United States;
    (ii) The bird must be presented at the port of entry by its owner 
and in a cage;
    (iii) The bird must be accompanied by a veterinary health 
certificate issued by a national government veterinary officer of the 
country of export stating that he or she personally inspected the bird 
or birds listed on the health certificate and found them to be free of 
any signs of exotic Newcastle disease, ornithosis, or any other 
communicable diseases of poultry, and that the birds were being 
exported in compliance with the laws and regulations of the country of 
export. For pet birds from Mexico, the veterinary health certificate 
may be issued by a veterinarian accredited by the National Government 
of Mexico and endorsed by a full-time salaried veterinary officer of 
the National Government of Mexico, thereby representing that the 
veterinarian issuing the certificate was authorized to do so. 
Veterinary health certificates written in a foreign language must be 
translated into English, at the expense of the importer; and
    (iv) The bird must be quarantined for a minimum of 30 days 
following the date of importation. The owner of the bird may choose to 
make advance reservations at a USDA-operated quarantine facility or may 
agree to maintain the bird under home quarantine, as described, in 
paragraph (c)(3)(iv)(A), unless an inspector at the port of entry 
determines that the bird must be quarantined at a USDA-operated 
quarantine facility because any of the requirements in paragraph (c)(3) 
are not met.
    (A) Home quarantine. For any pet bird that is to be maintained 
under home quarantine, the owner must sign an agreement on VS Form 17-
8. The bird will not be released from quarantine until an inspector has 
determined that the owner has complied with all the provisions on the 
agreement. Under the agreement:
    (1) The owner certifies that the bird has been in the owner's 
possession for the 90 days prior to the date the bird is offered for 
importation and that, during that 90 days, the bird was not in contact 
with any poultry or other birds;
    (2) The owner agrees that the bird will be maintained under 
quarantine in the owner's personal possession separate and apart from 
all poultry and other birds for a minimum of 30 days following 
importation at the address where the bird is to be held (listed by the 
owner on the agreement), and that the bird will be made available for 
health inspection and testing by an inspector upon request until 
released from quarantine by the inspector. The owner must also agree 
that, if the bird must be moved from the address listed on the 
agreement, the owner will contact the Federal official listed on the 
agreement prior to such movement; and
    (3) The owner agrees to immediately notify appropriate Federal 
officials in the State of destination if any signs of disease are noted 
in any bird, or if any bird dies, during the quarantine period.
    (B) USDA-operated facility quarantine. For any bird that is to be 
quarantined at a USDA-operated facility:
* * * * *
    (4) User fees. Owners of pet birds imported in accordance with 
paragraph (c)(1), (c)(2), or (c)(3) will be charged all applicable user 
fees for inspection and quarantine services, as listed in part 130 of 
this chapter.
    (d) Birds transiting the United States en route to another country. 
The provisions in this subpart relating to birds shall not apply to 
healthy birds, except ratites, that are transiting the United States en 
route to another country, and that are not known to be affected with or 
exposed, within the 90 days preceding the date of export from the 
country of origin, to communicable diseases of poultry, if an import 
permit 4 has been obtained under Sec. 92.103 of this chapter and 
all conditions therein are observed; and if such birds are handled as 
follows:
---------------------------------------------------------------------------

    \4\  Such permit may be obtained from the Animal and Plant 
Health Inspection Service, Veterinary Services, Operational Support, 
4700 River Road Unit 33, Riverdale, Maryland 20737-1231. Requests 
for approval of such facilities should also be made to the Deputy 
Administrator.
---------------------------------------------------------------------------

* * * * *

PART 130--USER FEES

    3. The authority citation for part 130 would continue to read as 
follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 7 
CFR 2.22, 2.80, and 371.2(d).

    4. In Sec. 130.8, paragraph (a), the table would be amended by 
revising the entry for ``Pet birds'' to read as follows:


Sec. 130.8  User fees for other services.

    (a) * * *

------------------------------------------------------------------------
                                                                   User 
                                                                   fee  
                            Service                                (per 
                                                                   lot) 
------------------------------------------------------------------------
                                                                        
                          *    *    *    *    *                         
Pet birds imported into the United States from any country              
 except Canada that are:                                                
    Subject to port of entry veterinary inspection and home             
     quarantine inspection.....................................   169.75
    Subject only to port of entry veterinary inspection........    71.25
                                                                        
                          *    *    *    *    *                         
------------------------------------------------------------------------


[[Page 43193]]


    Done in Washington, DC, this 14th day of August 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-21208 Filed 8-20-96; 8:45 am]
BILLING CODE 3410-34-P