[Federal Register Volume 66, Number 137 (Tuesday, July 17, 2001)]
[Rules and Regulations]
[Pages 37125-37128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17841]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 74

[Docket No. 00-016-3]


Importation and Interstate Movement of Certain Land Tortoises

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are adopting as a final rule, with two changes, two interim 
rules concerning the importation and interstate movement of certain 
land tortoises. The first interim rule established regulations to 
prohibit the importation and interstate movement of leopard tortoise, 
African spurred tortoise, and Bell's hingeback tortoise. The second 
interim rule amended the regulations by allowing the interstate 
movement of these land tortoises if they were 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 document amends the second interim rule by allowing that 
certificate to be either a health certificate or a certificate of 
veterinary inspection and by providing that only an accredited 
veterinarian may sign the certificate. This action is necessary 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. This action 
will also relieve an unnecessary burden on Federal veterinarians.

EFFECTIVE DATE: July 17, 2001.

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 on interstate 
movement, these tortoises could 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 could 
no longer export these tortoises.
    Based on these comments, on July 21, 2000, we published in the 
Federal Register (65 FR 45275-45277, Docket No. 00-016-2) an interim 
rule that allowed the interstate movement of leopard tortoise, African 
spurred tortoise, and Bell's hingeback tortoise if they were 
accompanied by a health certificate signed by a Federal or accredited 
veterinarian stating that the tortoises had been examined by that 
veterinarian and found free of ticks. This action was necessary 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.
    We solicited comments on our second interim rule for 60 days, 
ending September 19, 2000. We received two comments by that date. They 
were from a State department of agriculture and an association. We 
discuss the comments we received on the second interim rule, as well as 
comments we received on the first interim rule that were not addressed 
by the action we took in the second interim rule, below.

Public Comments on Interim Rules

    Comment: You should allow the importation of leopard tortoise, 
African spurred tortoise, and Bell's hingeback tortoise with veterinary 
inspection and certification that the tortoises have been found free of 
ticks. This would allow the importation of these tortoises while 
protecting against the introduction of exotic ticks and could help 
decrease the potential for smuggled tortoises.
    Response: Allowing the importation of leopard tortoise, African 
spurred tortoise, and Bell's hingeback tortoise with veterinary 
inspection and certification that the tortoises have been found free of 
ticks would require long-term preparation both for exporting regions 
and for the United States. Currently, most regions, including the 
United States, do not have a national export certification program for 
reptiles. Establishing such a program would require time, resources, 
and review by trading partners of the proposed components of the 
program. We are in the process of determining whether regions that 
export reptiles to the United States have any interest in establishing 
export certification programs.
    In addition, if we were to allow the importation of leopard 
tortoise, African spurred tortoise, and Bell's hingeback tortoise with 
veterinary inspection and certification that the tortoises have been 
found free of ticks, we would have to hire additional port personnel 
and train our inspectors to examine documents, as well as tortoises, at 
U.S. ports of entry. We would also have to ensure that adequate 
facilities for tortoise inspection are available at U.S. ports. At this 
time, we do not have the resources necessary to implement such a 
program, but we are working to establish effective treatment and 
biosecurity controls for tortoises and other reptiles. Until those 
treatment and biosecurity controls are in place, we believe that it is 
necessary to continue to prohibit the importation

[[Page 37126]]

into the United States of leopard tortoise, African spurred tortoise, 
and Bell's hingeback tortoise.
    Therefore, we are making no changes to the interim rules in 
response to this comment.
    Comment: You should prohibit the importation and interstate 
movement of only wild-caught leopard tortoises, African spurred 
tortoises, and Bell's hingeback tortoises. If a tortoise can be 
documented or certified as captive-bred, it should be allowed to be 
imported and to move interstate without restrictions.
    Response: We are considering a certification program for captive-
bred tortoises. Before instituting such a program, however, we would 
need to develop standards for establishments that breed tortoises in 
captivity and to inspect and certify those establishments as free of 
ticks. If we decide to pursue a certification program, we will publish 
a proposed rule for public comment in the Federal Register.
    However, at this time, because it is impossible to certify that a 
tortoise has been captive-bred based on a visual inspection of the 
tortoise, we are making no changes to the interim rules in response to 
this comment.
    Comment: You should limit the prohibition on the importation of 
leopard tortoises, African spurred tortoises, and Bell's hingeback 
tortoises to only those tortoises imported from Africa.
    Response: International trade in leopard tortoises, African spurred 
tortoises, and Bell's hingeback tortoises is very active. We fear that 
limiting our prohibition on the importation of leopard tortoises, 
African spurred tortoises, and Bell's hingeback tortoises to only those 
tortoises imported from Africa would encourage transshipment of these 
animals from Africa through other countries to the United States. Our 
wider prohibition on the importation of leopard tortoises, African 
spurred tortoises, and Bell's hingeback tortoises from all foreign 
regions ensures that these tortoises will not be transshipped and, 
therefore, provides protection against the introduction of exotic ticks 
into the United States. Therefore, we are making no changes to the 
interim rules in response to this comment.
    Comment: Florida, the location of the primary U.S. port of entry 
for importations of leopard tortoise and African spurred tortoise, 
developed a comprehensive set of protocols for imported tortoises. The 
set of protocols includes mandatory inspection of all shipments of 
tortoises and treatment and quarantine of all shipments found to 
possess ticks. The set of protocols has proven effective in ensuring 
that imported tortoises do not introduce exotic ticks into the United 
States. You should allow the importation of leopard tortoise, African 
spurred tortoise, and Bell's hingeback tortoise under a similar set of 
protocols.
    Response: If we were to allow the importation of leopard tortoise, 
African spurred tortoise, and Bell's hingeback tortoise under a set of 
protocols like the one Florida developed, we would have to hire 
additional port personnel and train our inspectors to examine tortoises 
at U.S. ports of entry. We would also have to ensure that adequate 
facilities for tortoise inspection and quarantine are available at U.S. 
ports throughout the country. At this time, we do not have the 
resources necessary to implement this kind of national program, but we 
are working to establish practical, effective treatment and biosecurity 
controls for tortoises and other reptiles. Florida's protocols will 
offer us important data as we build our national program. However, 
until our treatment and biosecurity controls are in place, we believe 
that it is necessary to continue to prohibit the importation into the 
United States of leopard tortoise, African spurred tortoise, and Bell's 
hingeback tortoise. Therefore, we are making no changes to the interim 
rules in response to this comment.
    Comment: Exotic ticks known to be vectors of heartwater disease 
cannot survive in all climates. Therefore, you should allow the 
importation of leopard tortoise, African spurred tortoise, and Bell's 
hingeback tortoise to States where the climate ensures that the ticks 
will not survive.
    Response: Leopard tortoises, African spurred tortoises, and Bell's 
hingeback tortoises need a specific temperature and humidity range for 
survival, and that range adequately supports the survival of ticks. 
Therefore, although it is true that owners of these tortoises may live 
in areas with climates that seasonally do not support exotic ticks 
known to be vectors of heartwater disease (such as the northernmost 
United States during the winter months), these owners must house their 
tortoises indoors, where ticks can easily survive on their host during 
harsh, inclement, or otherwise unsuitable weather. Because of this, it 
is possible that when the season changes and an indoor tortoise is 
placed outside, that tortoise may still carry ticks that could act as 
vectors of heartwater disease to local wildlife or livestock. 
Therefore, we are making no changes to the interim rules in response to 
this comment.
    Comment: You should also prohibit the importation of Savannah 
monitor lizards, plated lizards, ball pythons, and other reptiles and 
amphibians that may carry exotic ticks known to be vectors of 
heartwater disease. Alternately, you could prohibit the importation of 
all reptiles and amphibians from regions known to have heartwater 
disease and allow the importation of reptiles and amphibians from 
regions that do not have heartwater disease with veterinary inspection 
and certification that the reptiles or amphibians have been found free 
of ectoparasites.
    Response: We are gathering information on whether other reptiles 
and amphibians present a risk of introducing exotic ticks known to be 
vectors of heartwater disease into the United States. At this time, 
however, we are prohibiting the importation of only leopard tortoise, 
African spurred tortoise, and Bell's hingeback tortoise because 
interception records from 1995-1999 report that 90 percent of the 
tropical bont ticks, African tortoise ticks, and ticks of the species 
Amblyomma sparsum found on reptiles entering the United States occurred 
on these three species of land tortoise. Further, tortoises generally 
live outdoors, unlike most other reptiles and amphibians, and, 
therefore, obviously present a greater risk of coming into contact with 
and spreading ticks to other potential hosts.
    Regarding the commenter's alternate suggestion, we fear that 
limiting our prohibition on the importation of leopard tortoises, 
African spurred tortoises, and Bell's hingeback tortoises to only those 
tortoises imported from countries known to have heartwater disease 
would encourage transshipment of these animals from those countries 
through countries known to be free of heartwater disease to the United 
States. Our wider prohibition on the importation of leopard tortoises, 
African spurred tortoises, and Bell's hingeback tortoises from all 
foreign regions ensures that these tortoises will not be transshipped 
and, therefore, provides protection against the introduction of exotic 
ticks into the United States.
    Therefore, we are making no changes to the interim rules in 
response to this comment.
    Comment: U.S. exporters, in an effort to profit from the huge 
demand for turtle meat in many Asian countries, may decimate our native 
tortoise populations. Therefore, you should also ban the exportation of 
tortoises from the United States.
    Response: This comment requests an action outside of our authority. 
Therefore, we are making no changes to the interim rules in response to 
this comment.

[[Page 37127]]

    Comment: Ensuring that tortoises are free of ticks before 
importation or interstate movement may not be enough to protect against 
the introduction or spread of heartwater disease via tortoises. 
Research points out that an African tortoise was infected with 
heartwater rickettsia and remained a latent carrier, infective to 
ticks, for at least 3 months. In addition, at least three ticks native 
to the United States have been shown experimentally to be vectors of 
the rickettsia.
    Therefore, a tick-free tortoise infected with the rickettsia could 
infect native ticks, which could in turn transmit the disease to 
domestic livestock or wildlife. Any changes made to the prohibition on 
importation and interstate movement of leopard tortoise, African 
spurred tortoise, and Bell's hingeback tortoise should include either a 
test for infection in tortoises, a minimum period of quarantine for 
tortoises, or a course of antibiotics.
    Response: According to Dr. Michael Burridge, very recent research 
(unpublished data) conducted in Zimbabwe in conjunction with the 
University of Florida indicates that leopard tortoise is not a carrier 
of heartwater disease. Further, we have no evidence that either African 
spurred tortoise or Bell's hingeback tortoise is a carrier of the 
disease. Therefore, we are making no changes to the interim rules in 
response to this comment.
    Comment: Instead of issuing health certificates for each shipment 
of leopard tortoises, African spurred tortoises, and Bell's hingeback 
tortoises moving interstate, you should inspect each tortoise breeder's 
facility, certify those facilities that are free of ticks, and then 
allow tortoises to be moved interstate from certified facilities 
without further restrictions. This would significantly reduce expenses 
for breeders who move their tortoises interstate.
    Response: If we were to allow interstate movement of these 
tortoises based on inspection of each tortoise breeder's facility and 
certification that facilities are free of ticks, then APHIS personnel 
would have to inspect each facility and all of its tortoises. We would 
likely not approve other individuals to conduct these inspections. 
Therefore, it would take us months, if not years, to complete these 
initial inspections. This would mean that while many breeders wait for 
an undetermined amount of time to move their tortoises interstate, 
which would increase expenses for these breeders, a few breeders would 
be free to move their tortoises interstate and reap the profits that 
may be associated with a smaller supply of these types of tortoises. 
This would also mean that, at the outset of such a program, we would 
have to spend time establishing the criteria we would use to determine 
the order of such inspections. In addition, the inspections would have 
to be conducted on a regular basis, such as annually or every other 
year, to ensure that facilities remain free of ticks. Instead, we 
elected through our second interim rule to allow the interstate 
movement of leopard tortoise, African spurred tortoise, and Bell's 
hingeback tortoise if they were accompanied by a health certificate 
signed by a Federal or accredited veterinarian stating that the 
tortoises had been examined by that veterinarian and found free of 
ticks. We believe that this system ensured that every breeder's 
tortoises could move interstate as quickly as possible following the 
effective date of the second interim rule and, therefore, provided a 
method to allow interstate movement of these tortoises that is fair to 
all affected breeders. Therefore, we are making no changes to the 
interim rules in response to this comment.
    Comment: In addition to Federal and accredited veterinarians, you 
should allow also State veterinarians to examine leopard tortoises, 
African spurred tortoises, or Bell's hingeback tortoises and sign the 
health certificate required for their interstate movement.
    Response: We believe that State veterinarians should not sign 
health certificates for the interstate movement of leopard tortoise, 
African spurred tortoise, or Bell's hingeback tortoise for three 
reasons. First, several States have indicated to APHIS that they 
believe that the time spent performing the thorough inspection that 
would be required prior to the issuance of a health certificate would 
take time away from the State veterinarian's primary mission 
activities. Second, if State veterinarians were allowed to sign these 
health certificates, many accredited veterinarians, who are generally 
private practitioners, would lose business, and its accompanying 
revenue, to State veterinarians. Third, and perhaps most important, we 
believe that accredited veterinarians who have experience dealing with 
tortoises and other reptiles can perform a more knowledgeable and 
thorough examination of leopard tortoises, African spurred tortoises, 
or Bell's hingeback tortoises than could many State and Federal 
veterinarians, who are less likely to have experience with tortoises 
and other reptiles. Upon further consideration, we also believe that 
these same reasons provide a sound basis for withdrawing Federal 
veterinarians from those eligible to sign the health certificate for 
the interstate movement of leopard tortoises, African spurred 
tortoises, and Bell's hingeback tortoises. Therefore, we are amending 
the second interim rule by allowing only an accredited veterinarian to 
sign the health certificate for the interstate movement of leopard 
tortoises, African spurred tortoises, and Bell's hingeback tortoises. 
Further, in order to ensure that those tortoises are accompanied by a 
health certificate that can be reasonably expected to reflect their 
status at the time they are moved interstate, we are also amending the 
second interim rule to state that the certificate must be signed within 
the 30 days prior to the interstate movement.
    Comment: You should change the name of the certificate required for 
the interstate movement of leopard tortoise, African spurred tortoise, 
and Bell's hingeback tortoise. Instead of ``health certificate,'' you 
should call it a ``certificate of veterinary inspection.''
    Response: ``Health certificate'' is the term we use most often in 
our regulations and is consistent with our approved forms. However, we 
agree that a certificate of veterinary inspection, which is used by 
many States, would also provide the necessary certification that 
tortoises have been examined by an accredited veterinarian and found 
free of ticks. Therefore, we are amending the regulations to allow the 
accredited veterinarian to sign either a health certificate or a 
certificate of veterinary inspection for the interstate movement of 
leopard tortoise, African spurred tortoise, and Bell's hingeback 
tortoise.
    Therefore, for the reasons given in the interim rules and in this 
document, we are adopting the interim rules as a final rule, with the 
changes discussed in this document.

Effective Date

    Pursuant to the administrative procedure provisions in 5 U.S.C. 
553, we find good cause for making this rule effective less than 30 
days after publication in the Federal Register. The interim rules 
adopted as final by this rule were effective on March 22, 2000, and 
July 17, 2000. This rule revises the second interim rule by allowing 
the certificate for interstate movement to be either a health 
certificate or a certificate of veterinary inspection and by providing 
that only an accredited veterinarian may sign the certificate. 
Immediate action is necessary to relieve an unnecessary burden on 
Federal veterinarians, who cannot be compensated through user fees for 
the time they spend inspecting and certifying tortoises for interstate 
movement. Therefore, the Administrator of the Animal and Plant Health

[[Page 37128]]

Inspection Service has determined that this rule should be effective 
upon publication in the Federal Register.

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.
    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. Almost all 
turtles imported into the United States are wild caught.
    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 require persons wishing to move these tortoises 
interstate to acquire a health certificate or a certificate of 
veterinary inspection from an accredited veterinarian. We estimate that 
a certificate will cost about $25 to $50 for the first tortoise, plus 
$2 to $5 for each additional tortoise in the shipment. These costs are 
small when compared to the potential losses in revenue and animals that 
could result from a reinstitution of the prohibition on the interstate 
movement of these species of tortoises. The health certificate will 
also help ensure the acceptability of these animals in international 
markets and prevent the spread of exotic ticks known to be vectors of 
heartwater disease, an acute infectious disease of ruminants, including 
cattle, sheep, goats, white-tailed deer, and antelope.
    Heartwater disease has a 60 percent or greater mortality rate in 
livestock and a 90 percent or greater mortality rate in white-tailed 
deer. The direct contribution of the U.S. livestock industry to the 
gross domestic product is close to $60 billion; with indirect and 
induced impacts taken into account, that figure could reach about $150 
billion. Considering the virulence and high mortality rate of 
heartwater disease, its introduction and spread in the United States 
could have severe economic consequences, even when a less than worst-
case scenario is considered. Thus, the costs associated with this rule 
are far outweighed by the benefits of maintaining the United States' 
freedom from 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.
    This final rule also affirms the information contained in the 
interim rules concerning Executive Orders 12372 and 12988.

Paperwork Reduction Act

    The information collection and recordkeeping requirements included 
in this rule have been approved by the Office of Management and Budget 
(OMB) under control number 0579-0156.

List of Subjects in 9 CFR Part 74

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

    Accordingly, the interim rules amending 9 CFR part 74 which were 
published at 65 FR 15216-15218 on March 22, 2000, and 65 FR 45275-45277 
on July 21, 2000, are adopted as a final rule with the following 
changes:

PART 74--PROHIBITION OF INTERSTATE MOVEMENT OF LAND TORTOISES

    1. The authority citation for part 74 is revised to read as 
follows:

    Authority: 21 U.S.C. 111-113, 114a, 115, 117, 120, 122-126, 
134b, 134f; 7 CFR 2.22, 2.80, and 371.4.


    2. Section 74.1 is revised to read as follows:


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 either a health certificate or a certificate of 
veterinary inspection. The health certificate or certificate of 
veterinary inspection must be signed by an accredited veterinarian 
within 30 days prior to the interstate movement and must state that the 
tortoises have been examined by that veterinarian and found free of 
ticks.

    Done in Washington, DC, this 11th day of July 2001.

(Approved by the Office of Management and Budget under control 
number 0579-0156)
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-17841 Filed 7-16-01; 8:45 am]
BILLING CODE 3410-34-U