[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39247-39248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14247]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0119]


Implementation of Revised Lacey Act Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: The Food, Conservation, and Energy Act of 2008 amended the 
Lacey Act to provide, among other things, that importers submit a 
declaration at the time of importation for certain plants and plant 
products. Enforcement of the declaration requirement began on April 1, 
2009, and products requiring a declaration are being phased-in. The 
purpose of this notice is to clarify that the declaration is required 
for all formal consumption entries of plant and plant products into the 
United States, including those entries from foreign trade zones and 
bonded warehouses.

FOR FURTHER INFORMATION CONTACT: Ms. Parul Patel, Senior 
Agriculturalist, Permitting and Compliance Coordination, PPQ, APHIS, 
4700 River Road Unit 60, Riverdale, MD 20737-1231; (301) 851-2351.

SUPPLEMENTARY INFORMATION: 

Background

    The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and 
significantly amended in 1981, is the United States' oldest wildlife 
protection statute. The Act combats trafficking in illegally taken 
wildlife, fish, and plants. The Food, Conservation, and Energy Act of 
2008 amended the Lacey Act by expanding its protection to a broader 
range of plants and plant products (Section 8204, Prevention of Illegal 
Logging Practices). As amended, the

[[Page 39248]]

Lacey Act makes it unlawful to import, export, transport, sell, 
receive, acquire, or purchase in interstate or foreign commerce any 
plant, with some limited exceptions, taken in violation of the laws of 
a U.S. State or any foreign law that protects plants. The Lacey Act 
also makes it unlawful to make or submit any false record, account, or 
label for, or any false identification of, any plant.
    In addition, Section 3 of the Lacey Act, as amended (16 U.S.C. 
3372), makes it unlawful to import certain plants and plant products 
without an import declaration. The declaration must contain, among 
other things, the scientific name of the plant, value of the 
importation, quantity of the plant, and name of the country from where 
the plant was harvested. For paper and paperboard products containing 
recycled content, the declaration also must include the average percent 
of recycled content without regard for species or country of harvest. 
Currently, enforcement of the declaration requirement is being phased 
in, as described in three notices we published in the Federal 
Register,\1\ the first on February 3, 2009 (74 FR 5911, Docket No. 
APHIS-2008-0119), the second on September 2, 2009 (74 FR 45415, Docket 
No. APHIS-2008-0119), and the third on February 6, 2015 (80 FR 6681, 
Docket No. APHIS-2008-0019).
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    \1\ To view these notices and the comments we received, go to 
http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0119.
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    In our February 2009 notice, we stated that we would be enforcing 
the declaration requirement only as to formal consumption entries 
(i.e., most commercial shipments). We also stated that we did not 
intend to enforce the declaration requirement for informal entries 
(i.e., most personal shipments), personal importations, mail (unless 
subject to formal entry), transportation and exportation entries, in-
transit movements, carnet importations (i.e., merchandise or equipment 
that will be re-exported within a year), and U.S. Foreign Trade Zones 
(FTZ) and bonded warehouse entries.
    The Animal and Plant Health Inspection Service (APHIS) has become 
aware of certain instances where a Plant and Plant Product Declaration 
has not been filed for plant or plant products entered into the United 
States from FTZ and bonded warehouses. This practice is not in 
conformity with the purpose and intent of the Lacey Act, as amended. We 
are publishing this notice to make clear that such a declaration is 
required for all formal consumption entries of plant and plant products 
imported into the United States, including those entries from FTZ and 
bonded warehouses. However, such declarations are not required for 
admission into such FTZ or bonded warehouses, which is what we were 
referring to in the February 2009 notice when we stated that we did not 
intend to enforce the declaration requirement for FTZ and warehouse 
entries.
    APHIS will continue to provide the latest information regarding the 
Lacey Act on our Web site, http://www.aphis.usda.gov/plant_health/lacey_act/. The Web site currently contains the Lacey Act, as amended; 
a slideshow covering background and context, requirements, commodities 
and products covered, information on prohibitions, and the current 
status of implementation of the declaration requirement of the Lacey 
Act; frequently asked questions; the phase-in implementation plan; a 
link to the Lacey Act Web Governance System (LAWGS); and the paper 
declaration form. The Web site will be updated as new materials become 
available.
    We encourage persons interested in receiving timely updates on 
APHIS' Lacey Act efforts to register for our stakeholder registry at 
https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new/ and 
select ``Lacey Act Declaration'' as a topic of interest.

    Done in Washington, DC, this 10th day of June 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-14247 Filed 6-15-16; 8:45 am]
BILLING CODE 3410-34-P