[Federal Register Volume 66, Number 145 (Friday, July 27, 2001)]
[Notices]
[Pages 39134-39136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18781]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 98-085-6]


Aquaculture; Public Meetings

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of public meetings.

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

SUMMARY: We are issuing this notice to inform the aquaculture 
industries, interested parties, and the general public that three 
public meetings will be held to discuss how and to what extent the 
Animal and Plant Health Inspection Service should regulate aquatic 
species and to discuss any other issues concerning possible regulation 
of aquaculture by the Agency.

DATES: The public meetings will be held on Wednesday, September 19, 
2001, from 3:30 p.m. to 6 p.m.; on Tuesday, October 9, 2001, from 9 
a.m. to noon; and on Wednesday, October 10, 2001, from 2:30 p.m. to 5 
p.m.

ADDRESSES: The public meeting on September 19, 2001, will be held in 
the Harbor Room of the Silverdale Hotel on the Bay, 3073 NW Bucklin 
Hill Road, Silverdale, WA, in conjunction with the joint meeting of the 
Pacific Coast Shellfish Growers Association and the National Shellfish 
Association/Pacific Coast Section Conference.
    The public meeting on October 9, 2001, will be held in the 
Pennsylvania Farm Show Complex Building, 2301 North Cameron Street, 
Harrisburg, PA, in conjunction with the fall meeting of the 
Pennsylvania Aquaculture Advisory Committee and the annual meeting of 
the Pennsylvania Aquaculture Association.
    The public meeting on October 10, 2001, will be held in the Main 
Building Meeting Room of the Mississippi Agricultural and Forestry 
Museum, 1150 Lakeland Drive, Jackson, MS, in conjunction with the 
annual Board meeting of the Catfish Farmers of America.

FOR FURTHER INFORMATION CONTACT: For information about APHIS public 
meetings, contact Dr. Otis Miller, Jr., National Aquaculture 
Coordinator, Center for Planning, Certification, and

[[Page 39135]]

Monitoring, VS, APHIS, 4700 River Road Unit 46, Riverdale, MD 20737-
1231, (301) 734-6188.
    For information regarding the joint meeting of the Pacific Coast 
Shellfish Growers Association and the National Shellfish Association/
Pacific Coast Section Conference, call Mr. Bill Dewey, Public Affairs 
and Project Manager for Taylor Shellfish Company, Inc., (360) 887-2699.
    For information regarding the joint meeting of the Pennsylvania 
Aquaculture Advisory Committee and the Pennsylvania Aquaculture 
Association, call Mr. Leo Dunn, Pennsylvania Aquaculture Coordinator, 
(717) 783-8462.
    For information regarding the annual meeting of the Catfish Farmers 
of America, call Mr. Hugh Warren, Executive Vice-President, Catfish 
Farmers of America, (662) 887-2699.

SUPPLEMENTARY INFORMATION: On May 4, 1999, the Animal and Plant Health 
Inspection Service (APHIS) published an advance notice of proposed 
rulemaking (ANPR) titled ``Aquaculture: Farm-Raised Fin Fish'' in the 
Federal Register (64 FR 23795-23796, Docket No. 98-085-1). We published 
this ANPR after receiving petitions \1\ asking us to regulate 
aquaculture in various ways. Many petitioners asked us to define farmed 
aquatic animals as livestock. In general, the petitioners seemed to be 
interested in receiving the same services that domestic producers of 
livestock receive for animals moving in interstate and foreign 
commerce. However, based on the petitions alone, it was difficult for 
us to determine what segments of the industry want services and exactly 
what services they want. It was also difficult to determine the 
objectives sought by the petitioners who were requesting Federal 
regulation. We published the ANPR in an attempt to clarify the 
industry's needs, the nature of the services sought, and the concerns 
the petitioners had with regard to such regulations.
---------------------------------------------------------------------------

    \1\ All the petitions and comments we received are a part of the 
rulemaking record for Docket No. 98-085-1. You may read the 
petitions and comments 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.
---------------------------------------------------------------------------

    We received 55 comments \2\ in response to the ANPR. A majority of 
the commenters supported the idea of APHIS regulation of cultured fin 
fish. Unfortunately, the commenters generally did not clearly 
distinguish between fin fish raised for food and ornamental fin fish. 
Commenters who wanted regulation were, however, very clear that they 
want programs to prevent and control disease and to support increased 
commerce, both domestic and export.
---------------------------------------------------------------------------

    \2\ All the petitions and comments we received are a part of the 
rulemaking record for Docket No. 98-085-1. You may read the 
petitions and comments 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.
---------------------------------------------------------------------------

    The commenters also suggested that any rulemaking initiated by 
APHIS be a negotiated rulemaking. In negotiated rulemaking, industry 
representatives and other interested persons meet with APHIS officials 
and draft proposed regulations together. The proposed regulations are 
then published for public comment. Negotiated rulemaking is designed to 
ensure that all interested persons are involved together from the start 
in the development of regulations.
    Unfortunately, negotiated rulemaking is not suitable for all 
situations. It works well when there is a small number of interested 
parties and the parties are easy to identify. This is not the case with 
aquaculture. Because the aquaculture industry is large and diverse, we 
would have difficulty identifying everyone who should be represented in 
a negotiated rulemaking. In addition, many parties outside aquaculture 
would have a substantial interest in such a rulemaking. In our view, 
the number of people who would need to participate in a negotiated 
rulemaking would be too large and would suggest that negotiated 
rulemaking is not appropriate. Furthermore, a negotiated rulemaking 
would be expensive, and APHIS does not have adequate funds. Therefore, 
we have concluded that it would not be appropriate to pursue an 
aquaculture negotiated rulemaking.
    However, we have not decided whether to pursue aquaculture 
rulemaking by other means. Before we make that decision, we want to 
have as much information as possible from all interested persons, and 
we want to provide you with as much opportunity as possible to discuss 
with us and inform us regarding the relevant issues.
    Therefore, we are holding a series of public meetings. Public 
meetings allow all interested parties--industry representatives, 
producers, consumers, and others--to present their views and to 
exchange information among themselves and with APHIS.
    There are no set agendas for the meetings. Any issues and concerns 
related to aquaculture and possible APHIS regulatory action can be 
discussed. However, we would like more information on three specific 
issues. These are issues that the people and organizations who 
commented on our ANPR either did not address or were unclear about. 
Specifically, if APHIS does propose regulations: (1) Should our program 
be mandatory or voluntary; (2) should we cover shell fish; and (3) 
should we cover ornamental fin fish?
    Information elicited at the meetings could result in a new APHIS 
regulatory program or in changes to aquaculture-related services 
currently provided by APHIS.
    We have scheduled public meetings on Wednesday, September 19, 2001, 
in Silverdale, WA; on Tuesday, October 9, 2001, in Harrisburg, PA; and 
on Wednesday, October 10, 2001, in Jackson, MS.
    If you wish to speak at any of the meetings, please register in 
advance by calling the Regulatory Analysis and Development voice mail 
at (301) 734-4339. Leave a message with your name, telephone number, 
organization, if any, the date(s) and location(s) of the meeting(s) you 
will be attending, and an estimate of the time you need to speak. On 
the day of each meeting, you may also register to speak during the 
specified registration time scheduled before each meeting begins.
    On-site registration for each meeting will take place outside the 
meeting rooms one half hour before the meetings begin. The scheduled 
dates and times for each meeting are listed under DATES. We may end a 
meeting early if all the registered speakers have had a chance to speak 
and if no one else wants to speak. We may also extend a meeting or 
limit the time allowed for each speaker, if necessary, so all 
interested persons have an opportunity to participate.
    An APHIS representative will preside at all of the meetings. The 
meetings will be recorded. We encourage speakers to present written 
statements, though it is not required. If you choose to present a 
written statement, please provide the chairperson with a copy. The 
complete record of each meeting, including the transcript and all 
written comments, will be available to the public.
    These meetings are part of a series of public meetings. The first 
public meeting was held on January 25, 2001, in Lake Buena Vista, FL. 
The second public meeting was held on February 16, 2001, in Hebron, KY. 
The third public meeting was held on April 5, 2001, in Machias, ME, and 
the fourth public meeting was held on June 8, 2001, in Twin Falls, ID. 
Shortly, we

[[Page 39136]]

plan to announce an additional public meeting in Arkansas, which is 
tentatively scheduled for Thursday, October 4, 2001. We will publish a 
notice in the Federal Register announcing the date, time, and location 
of this meeting.

    Done in Washington, DC, this 23rd day of July 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-18781 Filed 7-26-01; 8:45 am]
BILLING CODE 3410-34-U