[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Rules and Regulations]
[Pages 45275-45277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18566]



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  Federal Register / Vol. 65, No. 141 / Friday, July 21, 2000 / Rules 
and Regulations  

[[Page 45275]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 74

[Docket No. 00-016-2]


Interstate Movement of Certain Land Tortoises

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are allowing the interstate movement of certain land 
tortoises if they are accompanied by a health certificate signed by a 
Federal or accredited veterinarian stating that the tortoises have been 
examined by that veterinarian and found free of ticks. This action is 
warranted to enable the export, interstate commerce, health care, and 
adoption of these types of tortoises while providing protection against 
the spread of exotic ticks known to be vectors of heartwater disease.

DATES: This interim rule was effective July 17, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
by September 19, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
016-2, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 00-016-2.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. D. D. Wilson, Senior Staff 
Entomologist, Emergency Programs, VS, APHIS, 4700 River Road Unit 41, 
Riverdale, MD 20737-1231; (301) 734-8073.

SUPPLEMENTARY INFORMATION:

Background

    On March 22, 2000, we published in the Federal Register (65 FR 
15216-15218, Docket No. 00-016-1) an interim rule that prohibits, until 
further notice, the importation of the following tortoises into the 
United States: All species and subspecies of leopard tortoise 
(Geochelone pardalis), African spurred tortoise (Geochelone sulcata), 
and Bell's hingeback tortoise (Kinixys belliana). The interim rule also 
prohibits the interstate movement of all species and subspecies of 
these land tortoises. These prohibitions were established in order to 
prevent the spread of exotic ticks known to be vectors of heartwater 
disease, an acute infectious disease of ruminants.
    We solicited comments on our interim rule for 60 days, ending May 
22, 2000. We received 53 comments by that date. They were from tortoise 
breeders and owners, representatives of the reptile industry, animal 
advocacy groups, and other interested individuals. Many commenters 
supported the prohibition on importation of these tortoises, but most 
expressed concerns about the effect of prohibiting the interstate 
movement of these tortoises. Because of the prohibition, these 
tortoises may not be moved interstate for sale, health care, or 
adoption. In addition, many domestic tortoise breeders who must move 
their tortoises interstate prior to exporting them can no longer export 
these tortoises.
    Therefore, based on these comments, we are taking immediate action 
to amend the regulations at 9 CFR part 74 to allow the interstate 
movement of leopard tortoise, African spurred tortoise, and Bell's 
hingeback tortoise if the tortoises are accompanied by a health 
certificate signed by a Federal or accredited veterinarian stating that 
the tortoises have been examined by that veterinarian and found free of 
ticks. The certification will help ensure that the interstate movement 
of these tortoises will pose no risk of spreading exotic ticks. This 
action is warranted to enable the export, interstate commerce, health 
care, and adoption of these types of tortoises while providing 
protection against the spread of exotic ticks known to be vectors of 
heartwater disease.
    In the future, we will publish another document in the Federal 
Register that addresses all of the issues raised by the commenters.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. As a result of an 
interim rule published and effective on March 22, 2000, the importation 
and interstate movement of leopard tortoise, African spurred tortoise, 
and Bell's hingeback tortoise has been prohibited. While this action 
has been effective in preventing the spread of exotic ticks known to be 
vectors of heartwater disease, it has also resulted in increased health 
risks for some tortoises that may not be moved interstate for health 
care or adoption and resulted in financial burdens for owners who have 
not been able to move to their tortoises interstate sale or for export. 
The latter problem may also put some tortoises at risk if owners are 
unable to provide adequate care for those tortoises. This interim rule 
will allow the interstate movement of leopard tortoise, African spurred 
tortoise, and Bell's hingeback tortoise if the tortoises are 
accompanied by a health certificate signed by a Federal or accredited 
veterinarian stating that the tortoises have been examined by that 
veterinarian and found free of ticks. Immediate action is warranted to 
enable the export, interstate commerce, health care, and adoption of 
leopard tortoise, African spurred tortoise, and Bell's hingeback 
tortoise.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553

[[Page 45276]]

to make this action effective less than 30 days after publication. We 
will consider comments that are received within 60 days of publication 
of this rule in the Federal Register. After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule as a result of the comments.

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.
    We are allowing the interstate movement of certain land tortoises 
if they are accompanied by a health certificate signed by a Federal or 
accredited veterinarian stating that the tortoises have been examined 
by that veterinarian and found free of ticks. This action is warranted 
to enable the export, interstate commerce, health care, and adoption of 
these types of tortoises.
    The United States accounts for about 80 percent of the world's live 
reptile trade. In 1998, a total of 1,921,272 reptiles were imported, 
valued at approximately $6.37 million. Of these, turtles, including 
tortoises, accounted for about 26.5 percent of imports. Three states, 
California (48 percent), Florida (33.2 percent), and Louisiana (11.7 
percent), accounted for nearly 93 percent of turtle imports.
    The United States exports about 9 million live reptiles annually. 
Red-eared slider turtles make up about 85 percent of these exports 
every year. South Korea, Japan, and European countries are the major 
importers of U.S. turtles. However, Canada appears to be the major 
importer of leopard tortoise, African spurred tortoise, and Bell's 
hingeback tortoise. In 1995, the United States exported to Canada 32 
leopard tortoises, 527 African spurred tortoises, and 2,332 Bell's 
hingeback tortoises. During the same year, U.S. imports of these 
species were 2,683, 1,223 and 952, respectively.
    In 1996, between 1.5 million and 2.5 million households in the 
United States owned various reptiles as pets. Of these, about 534,000 
households, or about 35 percent, owned a total of 950,000 turtles, 
including tortoises. Overall, turtles represented about 27 percent of 
the total reptile pet population. The prices paid for turtles ranged 
between $25 and $750, depending on species, size, and age. Between 1993 
and 1996, the average price in the United States for a leopard tortoise 
was $190, for an African spurred tortoise $578, and for a Bell's 
hingeback tortoise $35.
    This rule will positively affect individuals involved in the 
interstate movement of leopard tortoises, African spurred tortoises, 
and Bell's hingeback tortoises. This rule will require persons wishing 
to move these tortoises interstate to acquire a health certificate from 
a Federal or accredited veterinarian. This will cost about $16 to $25 
dollars per health certificate. These costs are small when compared to 
the potential losses in revenue and animals that may result from 
continuing to prohibit the interstate movement of these species of 
tortoises. Another benefit for U.S. exporters of these tortoises is 
that a health certificate will help ensure the acceptability of these 
animals in international markets and prevent the spread of exotic ticks 
known to be vectors of heartwater disease.
    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 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, 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 section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0579-0156 to the information 
collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Docket No. 00-016-2, Regulatory Analysis and 
Development, PPD, APHIS, suite 3C03, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238, and (2) Clearance Officer, OCIO, USDA, room 
404-W, 14th Street and Independence Avenue, SW., Washington, DC 20250. 
Please state that your comments refer to Docket No. 00-016-2 and send 
your comments within 60 days of publication of this rule.
    This interim rule requires that, prior to interstate movement of 
certain land tortoises, a Federal or accredited veterinarian must sign 
a health certificate stating that the tortoises have been examined by 
that veterinarian and found free of ticks. The health certificate must 
accompany the tortoises during interstate movement. This certification 
will help ensure that the interstate movement of these tortoises will 
pose no risk of spreading exotic ticks. We are soliciting comments from 
the public concerning our information collection and recordkeeping 
requirements. These comments will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
information collection, including the validity of the methodology and 
assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.083 hours per response.
    Respondents: Tortoise breeders and owners, and members of tortoise 
adoption organizations, in the United States.
    Estimated annual number of respondents: 150.
    Estimated annual number of responses per respondent: 6.
    Estimated annual number of responses: 900.
    Estimated total annual burden on respondents: 75 hours.
    Copies of this information collection can be obtained from Ms. 
Cheryl Groves, APHIS' Information Collection Coordinator, at (301) 734-
5086.

[[Page 45277]]

List of Subjects in 9 CFR Part 74

    Animal diseases, Livestock, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

    Accordingly, we are revising 9 CFR part 74 to read as follows:

PART 74--PROHIBITION OF INTERSTATE MOVEMENT OF LAND TORTOISES

Sec.
74.1   General prohibition.

    Authority: 21 U.S.C. 111-113, 114a, 115, 117, 120, 122-126, 
134b, 134f; 7 CFR 2.22, 2.80, and 371.2(d).


Sec. 74.1  General prohibition.

    The interstate movement of leopard tortoise (Geochelone pardalis), 
African spurred tortoise (Geochelone sulcata), and Bell's hingeback 
tortoise (Kinixys belliana) is prohibited except when tortoises are 
accompanied by a health certificate signed by a Federal or accredited 
veterinarian stating that the tortoises have been examined by that 
veterinarian and found free of ticks.

    Done in Washington, DC, this 17th day of July 2000.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-18566 Filed 7-20-00; 8:45 am]
BILLING CODE 3410-34-U