[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Rules and Regulations]
[Pages 16973-16975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3297]



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  Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Rules 
and Regulations  

[[Page 16973]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 330

[Docket No. APHIS-2006-0051]


Aquatic Snails; Permit Requirements for Importation and 
Interstate Movement

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Policy statement.

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SUMMARY: This document gives notice that we intend to begin 
consistently and routinely requiring that a permit must accompany all 
aquatic snails that are imported into the United States or that are 
moving interstate. We also intend to consistently require that 
shipments of aquatic snails, as with all other plant pests imported 
under permit, be subject to inspection and to begin routinely and 
consistently inspecting shipments of aquatic supplies or plants that 
may contain aquatic snails. This action is necessary in order to 
prevent the importation or interstate movement of certain species of 
aquatic snails which, if released into the environment, can become 
destructive agricultural pests.

DATES: Effective Date: April 5, 2006.

FOR FURTHER INFORMATION CONTACT: For information regarding import 
permits, contact Dr. Michael J. Firko, Director of Permits, 
Registration, and Imports, PPQ, APHIS, 4700 River Road Unit 133, 
Riverdale, MD 20737-1231; (301) 734-8758. For information concerning 
inspection of commodities, contact Mr. William Thomas, Director, 
Quarantine Policy, Analysis and Support, PPQ, APHIS, 4700 River Road 
Unit 60, Riverdale, MD 20737-1236; (301) 734-5214.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 330 prohibit or restrict the 
importation into the United States or the interstate movement of plant 
pests and the movement of means of conveyance, earth, stone and quarry 
products, garbage, and certain other articles to prevent the 
introduction and dissemination of plant pests into and within the 
United States. The regulations in part 330 identify snails among the 
organisms considered to be plant pests.
    The regulations contained in ``Subpart-Movement of Plant Pests,'' 
Sec. Sec.  330.200 through 330.212 (referred to below as the 
regulations), restrict or prohibit the importation or interstate 
movement of plant pests. Section 330.200 specifies that a permit is 
required for the intentional movement of any plant pest into or through 
the United States. Section 330.203 provides that permits may include 
any conditions which, in the opinion of the Deputy Administrator, are 
necessary to prevent dissemination of plant pests into the United 
States or interstate. Such conditions may vary, but may include 
requirements for inspection of the premises where the plant pests are 
to be handled after their movement under permit to determine whether 
the facilities are adequate to prevent plant pest dissemination.
    While we have considered snails to be plant pests for decades, we 
have not routinely enforced permit and inspection requirements for 
aquatic snails, particularly those moving interstate. Most aquatic 
snails imported into the United States are imported for use in 
aquariums, often as part of shipments of aquarium supplies such as fish 
or plants. Other aquatic snails are inadvertently imported as 
``hitchhikers'' in shipments of other aquatic supplies or plants. The 
majority of aquatic snails moving interstate are moved as pets or for 
sale as pets.
    Before plastic aquarium plants became popular among aquarium 
owners, plant-feeding snails were undesirable for aquarium use. 
Importers of aquarium plants did not intentionally import them and were 
vigilant about inspecting shipments to prevent ``hitchhikers.'' As a 
result, imports of plant-feeding snails were insignificant and did not 
present a risk to U.S. agriculture. However, the widespread use of 
plastic aquarium plants has led to an increase in the use of such 
aquatic snails in aquariums as pets. Importers are also less concerned 
by aquatic snails being imported in shipments of aquarium supplies. In 
addition, more aquatic snails are now being sold and moved interstate, 
often from areas where exotic aquatic snails have become established.
    Some of the most damaging of these aquatic snails, and most popular 
among aquarium owners, are the channeled apple snails (Pomacea 
canaliculata complex), or other species of Pomacea. Channeled apple 
snails, as well as other species of Pomacea, pose a significant threat 
to U.S. agriculture, especially rice crops. In southeast Asia, several 
channeled apple snail species were intentionally introduced as a food 
item in the early 1980s. Instead of becoming a useful food source, 
however, many snails either escaped or were released into nearby rice 
fields. In addition to causing millions of dollars of rice crop damage 
annually in Taiwan, Japan, the Philippines, China, Korea, and other 
southeast Asian countries, the snail was found to carry Angiostrongylus 
cantonensis, a parasite nematode that causes potentially lethal 
eosinophilic meningitis, a disease of humans and other animals.
    During the early 1990s, fish farmers in the Cibao region of the 
Dominican Republic intentionally introduced channeled apple snails to 
control algal and macrophytic buildup in their ponds. Within a few 
months, the snails escaped into the surrounding rice-producing area. By 
1997, about 40 percent of the Dominican rice-producing areas were 
infested, with crop losses in some areas estimated at 75 percent or 
more.
    Channeled apple snails are also now established in regions of the 
United States. In Hawaii, the channeled apple snail was first reported 
in 1989. Since then, it has spread to several islands in the Hawaiian 
archipelago, including Maui, Kaua[revaps]i, O[revaps]ahu, 
Hawai[revaps]i, and Lana[revaps]i, where it has become a serious pest 
of taro. The snail was first reported in Florida in 1998 and is 
believed to be established in Collier, Hillsborough, Palm Beach, and 
Pinellas Counties. In California, the channeled apple snail emerged in 
1998 in San Diego County, and isolated populations have subsequently 
been reported in several

[[Page 16974]]

other areas of the State. So far, however, California's rice-growing 
regions are not affected. Additionally, channeled apple snail 
infestations in Texas, which were previously confined to the American 
Canal south of Houston, appear to have spread to areas of active rice 
production as a result of Tropical Storm Alison in 2001. The effects of 
this introduction are not yet known.
    Allowing further imports of the channeled apple snail and other 
aquatic snails would increase the number of potentially invasive snails 
in the United States beyond the rate of natural increase and spread and 
would increase the damage the snails do to the environment, as well as 
the likelihood that they will spread into areas beyond where they are 
already found. This would make it more difficult and expensive to 
control and eradicate them.
    Preventing the introduction and dissemination of destructive 
aquatic snails is difficult for a number of reasons. The distinction 
between species and species complexes is blurred and the biology of 
various snail taxa is generally poorly understood. Currently, only one 
species of apple snail, Pomacea bridgesii, appears to be innocuous. 
However, even to a well-trained eye, these snails appear remarkably 
similar to the extremely destructive channeled apple snails. In 
addition, immature snails imported in shipments of aquarium plants can 
be difficult to find during routine inspections.
    Routinely and consistently enforcing the regulations with respect 
to aquatic snails will help prevent the introduction and spread of 
apple snails and many other Pomacea species not established in the 
United States, as well as prevent the introduction and spread of the 
snails from one region of the country to other, uninfested regions. 
Further, it is unlikely that we would issue permits for the importation 
or interstate movement of species of Pomacea, except specimens of P. 
bridgesii. As stated above, even to a well-trained eye, P. bridgesii 
can appear very similar to the destructive channeled apple snail, 
particularly when the snail is immature. Therefore, we would require, 
as a permit condition, that the P. bridgesii be a minimum of 1.4 inches 
(3.5 cm) long. Establishing a minimum length for import and interstate 
movement of P. bridgesii will allow inspectors to more easily confirm 
the species of the snail in question.
    We further intend to begin consistently and routinely enforcing the 
regulations to require that a permit accompany all aquatic snails 
moving into or through the country and will increase the level of 
inspection of shipments of aquarium supplies and plants offered for 
entry into the United States to look for evidence of aquatic snails. We 
are issuing this policy statement to ensure that affected importers, 
shippers, and members of the public are made aware of these 
requirements. Any shipment found to contain aquatic snails for which a 
permit has not been issued will be subject to administratively approved 
procedures to prevent the dissemination of the snails. These procedures 
can vary, but may involve seizure, quarantine, exportation, return to 
shipping point of origin, destruction, or other disposal. These actions 
are necessary to prevent new introductions of exotic snails and 
increases in the existing populations of destructive aquatic snails. 
This notice is intended to alert affected importers and other shippers 
as well as members of the public that we intend to enforce these 
regulations on a consistent, uniform basis.

Economic Considerations and Analysis

    Most aquatic snails imported into the United States are destined 
for aquarium use and often consist of part of a larger shipment of 
aquarium supplies. Aquatic snails are also imported unintentionally 
(i.e., as hitchhikers) in shipments of aquatic plants. Aquatic snails 
could pose both animal and human health risks, because they may be 
infested with parasites, such as liver flukes. Unfortunately, some 
aquarium owners dispose of unwanted snails by dumping them in local 
waterways or sewage systems, where the snails can survive. Destructive 
aquatic snails, if released into the environment, could become 
established as major pests of agricultural crops such as rice. In 
addition, as apple snails have both lungs and gills and can therefore 
survive out of water for months at a time, any endangered or threatened 
plant species living in or near infested waters could be directly 
affected.
    To prevent destructive aquatic snails from being imported into the 
United States and from being moved interstate, APHIS needs to enforce 
permit and inspection requirements for aquatic snails. This policy 
statement does not entail new regulatory requirements; rather, it is 
intended to communicate the Agency's intent to consistently and 
routinely enforce the provisions of the existing regulations.
    Between 2002 and 2004, the value of U.S. imports of live aquatic 
supplies including snails increased by about 9 percent, whereas U.S. 
imports of mollusks (including freshwater snails) and nondestructive 
snails increased in value by 11 and 28 percent, respectively (table 1). 
Thus, snail imports are growing at a more rapid rate than are imports 
of live aquatic supplies generally.

                                            Table 1.--Value of U.S. Imports of Selected Live Aquatic Supplies
                                                                    [In U.S. dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         % change  2001-
                     Live aquatic supplies                       HS 6-digit code        2002              2003              2004              2004
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aquatic invertebrates:
    Crustaceans...............................................            030600    $4,136,004,000    $4,623,263,000    $4,490,191,000             +8.56
    Mollusks (fresh water snails, clams, etc.)................            030700       427,218,000       482,416,000       474,551,000            +11.08
    Snails, non-destructive (Gastropoda)......................            030760           806,000           909,000         1,032,000            +28.04
Other aquatic supplies:
    Ornamental fish...........................................            030110        39,658,000        41,324,000        43,762,000            +10.35
    Corals and seashells......................................            050800        10,437,000        11,099,000        11,529,000           +10.46
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: U.S. Department of Commerce, U.S. Census Bureau, Foreign Trade Statistics, Harmonized Standard codes 4-digit and 6-digit.

    Destructive aquatic snails can feed on young rice seedlings and 
spread through the extensive irrigation networks of U.S. rice-growing 
regions. Rice production in the United States is concentrated in six 
regions: The Arkansas Grand Prairie, northeastern Arkansas and the 
bootheel of Missouri, the Mississippi River Delta (in Arkansas, 
Mississippi, and northeast Louisiana), southwest Louisiana, the coastal 
prairie of Texas, and the Sacramento Valley of California. These

[[Page 16975]]

six States account for 99.5 percent of U.S. rice production (table 
2).\1\ Arkansas, with more than 48 percent of U.S. rice acreage, 
produces more rice than any other State (i.e., 50 percent). California 
has the second largest production, more than 16 percent of the U.S. 
rice crop, and the highest yields in the United States. Louisiana has 
the third largest production, accounting for about 14 percent of the 
U.S. rice crop. Mississippi and Texas rank fourth and fifth in both 
area and production, accounting for 7 percent to 8 percent of U.S. rice 
production. Missouri accounts for about 5 percent of U.S. production.
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    \1\ Source: National Agricultural Statistics Service, USDA.
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    Florida is a minor rice producer, with less than 1 percent of U.S. 
production. In Florida, rice is grown as a rotation crop with sugarcane 
and vegetables around the southern and eastern shores of Lake 
Okeechobee. Although Florida's rice production is not large, the 
Everglades and other natural areas are susceptible to the introduction 
of destructive snails.
    In the major U.S. rice producing States plus Florida, over 3 
million acres are planted with rice (table 2). These same States 
account for approximately 32 percent of aquatic/pet supply stores and 
sales in the country. In 2002, the annual sale revenue of aquatic/pet 
supply stores in these rice-producing States was over $1.7 billion.

                        Table 2.--U.S. Rice Planted Area and Aquatic Supply Stores, 2003
----------------------------------------------------------------------------------------------------------------
                                                         Rice                    Aquarium/pet and pet supplies
                                         ------------------------------------               stores
                  State                                      Production  (in -----------------------------------
                                            Acres planted         cwt)        Number of stores   Value of sales
----------------------------------------------------------------------------------------------------------------
Arkansas................................         1,455,000        95,860,000                48       $18,228,000
California..............................           507,000        38,624,000             1,093       880,936,000
Louisiana...............................           450,000        26,397,000                81        22,756,000
Mississippi.............................           234,000        15,912,000                33        15,289,000
Missouri................................           171,000        10,484,000               153       101,257,000
Texas...................................           180,000        11,880,000               431       354,954,000
                                         -----------------------------------------------------------------------
    Sum of 6 States.....................         2,997,000       187,387,000             1,839     1,393,420,000
Florida.................................            17,864           958,000               584       340,730,000
                                         -----------------------------------------------------------------------
    Sum of 7 States.....................         3,014,864       188,345,000         \1\ 2,423               \1\
                                                                                                   1,734,150,000
                                         -----------------------------------------------------------------------
    United States.......................         3,014,864       188,345,000             7,629    5,492,749,000
----------------------------------------------------------------------------------------------------------------
Sources: USDA/Economic Research Service/ Rice Outlook 2005 and U.S. Economic Census 2002, NAICS 453910;
  University of Florida, IFAS Extension, ``An Overview of the Florida Rice Industry,'' Schueneman, T.J., and
  C.W. Deren.
\1\ 32% of U.S. total.

    U.S. rice producers would bear direct costs of controlling 
destructive aquatic snails introduced into rice-growing regions, as 
well as costs of replanting after initial destruction of seedlings by 
the snails and rice yield losses. By acting to prevent the importation 
and interstate movement of destructive aquatic snails, U.S. rice-
growing regions and susceptible natural areas such as the Everglades 
will be better protected from possible infestations. For the U.S. rice 
industry, potential rice yield losses and costs of eliminating 
infestations will be avoided.
    Retail aquarium/pet stores are classified under North American 
Industry Classification System (NAICS) code number 453910. According to 
the 2002 Economic Census, there were 7,629 such stores in the United 
States, with $5.5 billion in annual sales. Of these pet/aquarium supply 
stores, 2,423 with $1.73 billion in annual sales were in rice-producing 
States.
    It can be assumed that nearly all aquariums and aquatic supplies 
are sold in pet/aquarium stores. We do not have information on how many 
of these stores are small entities, but clearly most have annual sales 
revenue well below the SBA small entity threshold for pet stores of $5 
million (NAICS 453910); the average pet/aquarium store had annual sales 
revenue of about $720,000 in 2002. Even though most pet/aquarium stores 
may be classified as small entities, we anticipate a minimal economic 
impact on the domestic pet industry. Fulfilling the permit and other 
requirements of the regulations with regard to aquatic snails will not 
noticeably increase costs to potential importers. In fact, importers 
will be assured that their shipments do not contain snails they did not 
intend to import. Further, consumers who purchase aquatic supplies will 
not receive destructive aquatic snails that might damage their home 
aquarium environments. Subsequently, there is less of a risk of 
consumers releasing destructive aquatic snails into waterways where 
they may spread to damage rice crops or delicate ecosystems. There are 
multiple important benefits of this action that outweigh any potential 
economic consequences.
    Therefore, we intend to begin consistently enforcing the 
regulations in Sec. Sec.  330.200 through 330.212 with regard to 
aquatic snails in order to prevent the introduction and dissemination 
of destructive aquatic snails.

    Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 
U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 30th day of March 2006.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-3297 Filed 4-4-06; 8:45 am]
BILLING CODE 3410-34-P