[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Notices]
[Pages 13485-13486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5421]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 00-008-2]


Imported Fire Ant

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: The Animal and Plant Health Inspection Service will continue 
to administer its imported fire ant program.

FOR FURTHER INFORMATION CONTACT: Ron Milberg, Operations Officer, PPQ, 
APHIS, 4700 River Road, Unit 134, Riverdale, MD 20737-1236; (301) 734-
5255.

SUPPLEMENTARY INFORMATION: Our imported fire ant program is based on 
our imported fire ant regulations (7 CFR 301.81-1 through 301.81-10, 
referred to below as the regulations). The regulations govern the 
interstate movement of regulated articles from areas quarantined 
because of the imported fire ant. Section 301.81-2 of the regulations 
provides a list of articles regulated because of the imported fire ant. 
Regulated articles are imported fire ant queens and reproducing 
colonies of imported fire ants, soil (except potting soil shipped in 
its original container), baled hay or straw stored in direct contact 
with the ground, nursery stock (except plants maintained indoors in a 
home or office environment and not for sale), used soil-moving 
equipment (unless removed of all noncompacted soil), and any other 
article or means of conveyance determined to present a risk of 
spreading imported fire ant. Section 301.81-3 of the regulations lists 
areas quarantined because of the imported fire ant. Quarantined areas 
are all or portions of the following States and territories: Alabama, 
Arkansas, California, Florida, Georgia, Louisiana, Mississippi, New 
Mexico, North Carolina, Oklahoma, Puerto Rico, South Carolina, 
Tennessee, and Texas. Sections 301.81-4 through 301.81-10 provide 
requirements for moving regulated articles interstate from quarantined 
areas to nonquarantined areas. These sections include requirements for 
certificates and limited permits and for treatment of regulated 
articles.
    On March 2, 2000, we published in the Federal Register (65 FR 
11281-11283, Docket No. 00-008-1), a notice announcing four public 
meetings to discuss how we should administer our imported fire ant 
program in light of reduced funding. The meetings were held in Raleigh, 
NC, on March 21, 2000; Orlando, FL, on March 23, 2000; Austin, TX, on 
March 28, 2000; and Santa Ana, CA, on March 30, 2000. We also solicited 
written comments on our notice for 60 days, ending May 1, 2000.
    In the notice, we asked the public to comment on the following 
three options: (1) Maintain our imported fire ant program with minimal 
Federal regulatory activity, in line with Fiscal Year 2000 funding; (2) 
eliminate the imported fire ant regulations (i.e., rescind the Federal 
quarantine) and develop model guidelines for States to use in 
harmonizing their quarantines; or (3) eliminate the imported fire ant 
regulations (i.e., rescind the Federal quarantine) and establish a 
voluntary nursery self-certification program.
    Approximately 105 individuals representing industry and cooperating 
States attended the public meetings. In addition, we received 58 
written comments in response to the notice by the May 1, 2000, close of 
the comment period. They were from representatives of industry, 
cooperating States, and other interested individuals. With one 
exception, those who spoke at the public meetings and those who 
submitted written comments supported retention of the current imported 
fire ant program with a significant increase in funding for the 
program. They stated that the program enhances producers' ability to 
move regulated articles interstate. One commenter recommended enacting 
more stringent regulations in order to prevent the spread of the 
imported fire ant to the State of Hawaii. The majority of respondents 
also supported the National Plant Board's proposal for $7.5 million in 
congressional funding for the imported fire ant program and the 
Gulfport Plant Protection Station's unique methods development work.
    Given the public support for our imported fire ant program, we will 
maintain the program in line with current funding. Therefore, our 
regulations will continue to provide uniform standards for the 
regulated industry, along with consistent interstate shipping 
requirements. Along with cooperating States, we will also continue to 
enforce the Federal quarantine. This means that when alerted by States, 
APHIS personnel will investigate noncompliance with the regulations and 
will examine the origin and pathway of introduction of imported fire 
ants found on regulated articles. In addition, we will continue to 
develop new regulatory treatments and nursery compliance protocols to 
control or reduce imported fire ant populations

[[Page 13486]]

in nursery production areas. For the development of new regulatory 
treatments, about $350,000 is allocated annually to our plant 
protection station in Gulfport, MS. To our knowledge, the Gulfport 
Plant Protection Station is the only facility in the country that is 
developing regulatory treatments for the imported fire ant.
    In response to public support for increased funding for our 
imported fire ant program, Congress restored about $2.1 million for the 
imported fire ant program in Fiscal Year 2001. The majority of this 
appropriation will be distributed to States for enforcement and 
regulatory activities. We will retain a small percentage for 
administrative costs.

    Done in Washington, DC, this 28th day of February 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-5421 Filed 3-5-01; 8:45 am]
BILLING CODE 3410-34-P