97-11313. Zoological Park Quarantine of Ruminants and Swine Imported From Countries Where Foot-and-Mouth Disease or Rinderpest Exists  

  • [Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
    [Rules and Regulations]
    [Pages 23635-23639]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-11313]
    
    
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    DEPARTMENT OF AGRICULTURE
    
    Animal and Plant Health Inspection Service, USDA
    
    9 CFR Part 92
    
    [Docket No. 94-136-2]
    
    
    Zoological Park Quarantine of Ruminants and Swine Imported From 
    Countries Where Foot-and-Mouth Disease or Rinderpest Exists
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    
    ACTION: Final rule.
    
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    SUMMARY: We are amending the regulations concerning ruminants and swine 
    that are imported from a country where foot-and-mouth disease or 
    rinderpest exists into a zoological park in the United States, to 
    establish conditions under which such animals may be moved from one zoo 
    to another within the United States. This change will benefit zoo 
    programs that move animals for breeding and other purposes, and will 
    facilitate the movement of animals for endangered species breeding 
    programs, while continuing to protect against the introduction of 
    dangerous animal diseases into the United States.
    
    EFFECTIVE DATE: June 2, 1997.
    
    FOR FURTHER INFORMATION CONTACT: Dr. Morley Cook, Senior Staff 
    Veterinarian, Animals Program, National Center for Import and Export, 
    VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1228, (301) 
    734-6479.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The Animal and Plant Health Inspection Service (APHIS) animal 
    importation regulations (contained in 9 CFR part 92 and referred to 
    below as the regulations) prohibit or restrict the importation of 
    certain animals into the United States to prevent the introduction of 
    communicable diseases of livestock. Among other requirements, the 
    regulations restrict the importation of ruminants and swine to prevent 
    the introduction and spread of foot-and-mouth disease (FMD) and 
    rinderpest.
        For many years some animals imported in accordance with these 
    regulations have been admitted under the condition that they be placed 
    in postentry quarantine in zoological parks (zoos) that have been 
    approved by APHIS to receive such animals. We refer to such approved 
    zoos as PEQ Zoos, because they are approved to hold imported animals in 
    postentry quarantine (PEQ). At these zoos, the
    
    [[Page 23636]]
    
    imported animals are maintained in facilities that prevent access to 
    them by the public and by domestic animals, and that include 
    requirements for waste disposal and other matters that prevent the 
    dissemination of any diseases the animals might carry.
        On October 31, 1996, we published in the Federal Register (61 FR 
    56165-56169, Docket No. 94-136-1) a proposal to amend the regulations 
    in 9 CFR 92.404(c) and 92.504(c), by specifying the circumstances under 
    which APHIS will consent to the movement of imported wild ruminants and 
    swine from a PEQ Zoo to a non-PEQ zoo within the United States.
    
    Comments on the proposed rule
    
        We solicited comments concerning our proposal for 60 days ending 
    December 30, 1996. We received 11 comments by that date. They were from 
    zoos, zoological and endangered species associations, veterinarians and 
    veterinary associations, and animal industry groups. All the comments 
    supported the proposed rule, but several suggested improvements or 
    expansion of its coverage. The comments are discussed below by topic.
        Three commenters suggested that the proposed procedures for 
    allowing movement of animals between zoos should apply not only to 
    ruminants and swine from countries where FMD and rinderpest exist, but 
    also to animals from countries where African swine fever (ASF), hog 
    cholera (HC), swine vesicular disease (SVD), vesicular exanthema of 
    swine (VES), and contagious bovine pleuropneumonia (CBPP) exist. The 
    comments suggested that since reliable diagnostic technologies exist 
    for these diseases, ruminants and swine from countries affected by 
    these diseases should also be allowed to move between zoos after 
    spending at least one year in a postentry quarantine (PEQ) zoo.
        We are not making any changes to the rule in response to this 
    comment, but we are evaluating whether the suggested changes should be 
    made in a future rulemaking. The suggested changes are outside the 
    scope of the current rulemaking because the proposed rule and the 
    affected sections of the regulations deal only with rinderpest and FMD, 
    not the other diseases mentioned by the commenters.
        Three commenters suggested that the rule should allow movement not 
    only for live animals, but for carcasses, body parts, and biological 
    specimens, after the animal they were derived from spent at least one 
    year in a PEQ zoo without diagnosis of disease. These commenters 
    believe that such materials should be allowed movement for scientific 
    research or museum display purposes, and that they can be safely moved 
    after the imported animal spends its first year in postentry 
    quarantine.
        We agree, and are adding the following sentence to 
    Secs. 92.404(c)(4) and 92.504(c)(4): ``The Administrator will approve 
    the movement of a carcass, body part, or biological specimen derived 
    from an imported animal subject to this agreement if the Administrator 
    determines that the animal has spent at least one year in quarantine in 
    a PEQ Zoo following importation without showing clinical evidence of 
    foot-and-mouth disease, rinderpest, or other communicable disease that 
    is exotic to the United States or for which APHIS has an eradication or 
    control program in 9 CFR chapter I, and determines that the carcass, 
    body part, or biological specimen will be moved only for scientific 
    research or museum display purposes.''
        Two commenters questioned whether APHIS would have adequate funding 
    and staff resources to provide the oversight, monitoring, and 
    surveillance necessary for effective implementation of the proposed 
    changes.
        We are not making any change in response to this comment. We 
    believe these regulations are enforceable and that we have adequate 
    manpower to enforce them. Many variables can affect the level of 
    resources APHIS can apply to any given program at any given time; 
    however, APHIS intends to allocate the number of staff hours necessary 
    to ensure animals are moved between zoos under this program safely and 
    in compliance with the regulatory requirements.
        One commenter suggested that APHIS should revise APHIS Form 65-B, 
    which is used in animal importation, to reflect the changes in the 
    proposed rule and to update the form to show the current location of 
    the Animal Import Center in Newburgh, New York, instead of Clifton, New 
    Jersey. We agree, and are updating the form; however, no change to the 
    regulations is necessary to accomplish this revision of APHIS Form 65-
    B.
        One commenter suggested that the regulation should explicitly 
    define which official or group within APHIS has the authority to 
    approve the movement of an animal from one zoo to another.
        We are not making any change in response to this comment. The 
    proposed rule stated that ``The Administrator will approve the movement 
    of an imported animal subject to this agreement . . .'' In Secs. 92.400 
    and 92.500, ``Administrator'' is defined to include the Administrator 
    of APHIS, or any other APHIS employee to whom authority has been or may 
    be delegated to act in the Administrator's stead. Since work 
    assignments and organizational structure may change frequently in 
    APHIS, it is standard practice to designate the Administrator as 
    responsible for certain decisions and activities, and to delegate this 
    authority to specific APHIS staff using nonregulatory documentation 
    internal to the agency, which does not require notice-and-comment 
    rulemaking to change. Persons who are interested in determining who has 
    been delegated authority to enforce particular sections of the 
    regulations (such as the PEQ Zoo provisions) can readily determine this 
    by contacting APHIS headquarters or an area office.
        One commenter suggested that the rule should specify a foolproof 
    method of animal identification to aid enforcement of the rule, and 
    that APHIS should consider using new electronic identification 
    technologies for this purpose.
        We are not making any change in response to this comment. The 
    proposed rule allows movement of ruminants and swine from a PEQ Zoo 
    only to a zoo that is accredited by the American Zoo and Aquarium 
    Association (AZA), or that has facilities and procedures in place 
    related to preventing the spread of communicable animal diseases 
    (including but not limited to procedures for animal identification, 
    record keeping, and veterinary care) that are equivalent to those 
    required for AZA accreditation. We do not believe it is necessary to 
    specify a particular means of animal identification in the final rule 
    because zoos already have a strong incentive to effectively identify 
    animals for their own purposes (breeding, collection management, etc.), 
    and the AZA accreditation process is an additional safeguard to ensure 
    that identification and record keeping is effective. Specifying a 
    separate, Federal requirement for identification would be an 
    unnecessary regulatory burden; our experience has been that we can 
    effectively work with existing identification procedures employed by 
    zoos.
        Several commenters raised issues related to the proposed rule's 
    description in the agreements in Secs. 92.404(c)(4) and 92.504(c)(4), 
    that animals may be moved from a PEQ Zoo only to a zoo accredited by 
    the AZA, or to a non-accredited zoo that ``has facilities and 
    procedures in place related to preventing the spread of communicable 
    animal diseases
    
    [[Page 23637]]
    
    (including but not limited to procedures for animal identification, 
    record keeping, and veterinary care) that are equivalent to those 
    required for AZA accreditation.'' There was some concern that this was 
    too open-ended, and could preclude some zoos from receiving such 
    animals only because they do not fully comply with voluminous AZA 
    standards that specify effective methods (but not the only effective 
    methods) to safely receive and maintain the animals without risk of 
    spreading disease.
        We are not making any change based on these comments, because we 
    believe the rule clearly states that in approving movements to such 
    zoos, the Administrator will focus on determining whether the zoo has 
    standards equivalent to the AZA for preventing the spread of animal 
    diseases. That decision will be made based on whether the receiving zoo 
    achieves the necessary levels of biosecurity (a performance standard 
    approach), rather than whether the zoo employs the exact same facility 
    and procedure standards specified by the AZA (an engineering standard 
    approach).
    
    Miscellaneous
    
        The proposed rule used the phrase ``or other communicable disease'' 
    several times in reference to the observation of any clinical evidence 
    of disease from animals held in isolation or quarantine. That phrase 
    was intended to refer to any other communicable animal diseases that 
    APHIS was either trying to exclude from the United States or prevent 
    from spreading in the United States. In the interest of maximum 
    clarity, we are changing the phrase ``or other communicable disease'' 
    in the final rule to read ``or other communicable disease that is 
    exotic to the United States or for which APHIS has an eradication or 
    control program in 9 CFR chapter I.''
        Therefore, based on the rationale set forth in the proposed rule 
    and in this document, we are adopting the provisions of the proposal as 
    a final rule with the changes discussed in this document.
    
    Executive Order 12866 and Regulatory Flexibility Act
    
        This rule has been reviewed under Executive Order 12866. For this 
    action, the Office of Management and Budget has waived its review 
    process required by Executive Order 12866.
        This rule allows increased movement of certain imported ruminants 
    and swine from one zoo to another in the United States. It will not 
    increase the number of such animals that are imported. It should not 
    have any appreciable impact on commerce, and will primarily benefit a 
    small number of zoos that wish to acquire animals from other zoos or 
    trade their own animals to other zoos.
        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.
    
    Executive Order 12988
    
        This rule has been reviewed under Executive Order 12988, Civil 
    Justice Reform. This rule: (1) Preempts all State and local laws and 
    regulations that are inconsistent with this rule; (2) has no 
    retroactive effect; and
        (3) does not require administrative proceedings before parties may 
    file suit in court challenging this rule.
    
    Paperwork Reduction Act
    
        This rule contains no new information collection or recordkeeping 
    requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
    et seq.). The existing information collection and recordkeeping 
    requirements in Secs. 92.404 and 92.504 were previously approved by the 
    Office of Management and Budget (OMB) under OMB control number 0579-
    0040, and we are adding that control number at the end of these 
    sections.
    
    List of Subjects in 9 CFR Part 92
    
        Animal diseases, Imports, Livestock, Poultry and poultry products, 
    Quarantine, Reporting and recordkeeping requirements.
    
        Accordingly, 9 CFR part 92 is amended as follows:
    
    PART 92--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
    CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
    OF CONVEYANCE AND SHIPPING CONTAINERS
    
        1. The authority citation for part 92 continues to read as follows:
    
        Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
    111, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 31 
    U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).
    
        2. Section 92.404, paragraph(c) is revised to read as follows:
    
    
    Sec. 92.404  Import permits for ruminants and for ruminant test 
    specimens for diagnostic purposes; and reservation fees for space at 
    quarantine facilities maintained by APHIS.
    
    * * * * *
        (c) Wild ruminants from countries where foot-and-mouth disease or 
    rinderpest exists. This paragraph (c) applies to the importation of 
    wild ruminants, such as, but not limited to, giraffes, deer and 
    antelopes, from countries designated in part 94 of this subchapter as 
    countries in which foot-and-mouth disease or rinderpest exist.
        (1) Permits for the importation of wild ruminants will be issued 
    only for importations through the Port of New York, and only if the 
    animals are imported for exhibition in a PEQ Zoo. A PEQ Zoo is a 
    zoological park or other place maintained for the exhibition of live 
    animals for recreational or educational purposes that:
        (i) Has been approved by the Administrator in accordance with 
    paragraph (c)(2) of this section to receive and maintain imported wild 
    ruminants; and
        (ii) Has entered into the agreement with APHIS set forth in 
    paragraph (c)(4) of this section for the maintenance and handling of 
    imported wild ruminants.
        (2) Approval of a PEQ Zoo shall be on the basis of an inspection, 
    by an authorized representative of the Department, of the physical 
    facilities of the establishment and its methods of operation. Standards 
    for acceptable physical facilities shall include satisfactory pens, 
    cages, or enclosures in which the imported ruminants can be maintained 
    so as not to be in contact with the general public and free from 
    contact with domestic livestock; natural or established drainage from 
    the PEQ Zoo which will avoid contamination of land areas where domestic 
    livestock are kept or with which domestic livestock may otherwise come 
    in contact; provision for the disposition of manure, other wastes, and 
    dead ruminants within the PEQ Zoo; and other reasonable facilities 
    considered necessary to prevent the dissemination of diseases from the 
    PEQ Zoo. The operator of the PEQ Zoo shall have available the services 
    of a full-time or part-time veterinarian, or a veterinarian on a 
    retainer basis, who shall make periodic examinations of all animals 
    maintained at the PEQ Zoo for evidence of disease; who shall make a 
    post-mortem examination of each animal that dies; and who shall make a 
    prompt report of suspected cases of contagious or communicable diseases 
    to an APHIS representative or the State agency responsible for 
    livestock disease control programs.
        (3) Manure and other animal wastes must be disposed of within the 
    PEQ Zoo park for a minimum of one year following the date an imported 
    wild ruminant enters the zoo. If an APHIS veterinarian determines that 
    an imported ruminant shows no signs of
    
    [[Page 23638]]
    
    any communicable disease or exposure to any such disease during this 1-
    year period, its manure and other wastes need not be disposed of within 
    the zoo after the 1-year period. If, however, an APHIS veterinarian 
    determines that an imported ruminant does show signs of any 
    communicable disease during this 1-year period, an APHIS veterinarian 
    will investigate the disease and determine whether the ruminant's 
    manure and other wastes may safely be disposed of outside the zoo after 
    the 1-year period has ended.
        (4) Prior to the issuance of an import permit under this section, 
    the operator of the approved PEQ Zoo to which the imported ruminants 
    are to be consigned, and the importer of the ruminants, if such 
    operator and importer are different parties, shall execute an agreement 
    covering each ruminant or group of ruminants for which the import 
    permit is requested. The agreement shall be in the following form:
    
    Agreement for the Importation, Quarantine and Exhibition of Certain 
    Wild Ruminants and Wild Swine
    
        ________, operator(s) of the zoological park known as 
    ____________________ (Name) located at ____________________ (City 
    and state), and ____________________ (Importer) hereby request a 
    permit for the importation of ________ (Number and kinds of animals) 
    for exhibition purposes at the said zoological park, said animals 
    originating in a country where foot-and-mouth disease or rinderpest 
    exists and being subject to restrictions under regulations contained 
    in part 92, title 9, Code of Federal Regulations.
        In making this request, it is understood and agreed that:
        1. The animals for which an import permit is requested will be 
    held in isolation at a port of embarkation in the country of origin, 
    approved by the Administrator as a port having facilities which are 
    adequate for maintaining wild animals in isolation from all other 
    animals and having veterinary supervision by officials of the 
    country of origin of the animals. Such animals will be held in such 
    isolation for not less than 60 days under the supervision of the 
    veterinary service of that country to determine whether the animals 
    show any clinical evidence of foot-and-mouth disease, rinderpest, or 
    other communicable disease that is exotic to the United States or 
    for which APHIS has an eradication or control program in 9 CFR 
    chapter I, and to assure that the animals will not have been exposed 
    to such a disease within the 60 days next before their exportation 
    from that country.
        2. Shipment will be made direct from such port of embarkation to 
    the port of New York as the sole port of entry in this country. If 
    shipment is made by ocean vessel the animals will not be unloaded in 
    any foreign port en route. If shipment is made by air, the animals 
    will not be unloaded at any port or other place of landing, except 
    at a port approved by the Administrator as a port not located in a 
    country where rinderpest or foot-and-mouth disease exists or as a 
    port in such a country having facilities and inspection adequate for 
    maintaining wild animals in isolation from all other animals.
        3. No ruminants or swine will be aboard the transporting 
    vehicle, vessel or aircraft, except those for which an import permit 
    has been issued.
        4. The animals will be quarantined for not less than 30 days in 
    the Department's Animal Import Center in Newburgh, New York.
        5. Upon release from quarantine the animals will be delivered to 
    the zoological park named in this agreement to become the property 
    of the park and they will not be sold, exchanged or removed from the 
    premises without the prior consent of APHIS. If moved to another 
    zoological park in the United States, the receiving zoological park 
    must be approved by the Administrator in accordance with paragraph 6 
    of this agreement.
        6. The Administrator will approve the movement of an imported 
    animal subject to this agreement if the Administrator determines 
    that the animal has spent at least one year in quarantine in a PEQ 
    Zoo following importation without showing clinical evidence of foot-
    and-foot mouth disease, rinderpest, or other communicable disease 
    that is exotic to the United States or for which APHIS has an 
    eradication or control program in 9 CFR chapter I, and determines 
    that the receiving zoological park is accredited by the American Zoo 
    and Aquarium Association (AZA), or the receiving zoological park has 
    facilities and procedures in place related to preventing the spread 
    of communicable animal diseases (including but not limited to 
    procedures for animal identification, record keeping, and veterinary 
    care) that are equivalent to those required for AZA accreditation. 
    The Administrator will approve the movement of a carcass, body part, 
    or biological specimen derived from an imported animal subject to 
    this agreement if the Administrator determines that the animal has 
    spent at least one year in quarantine in a PEQ Zoo following 
    importation without showing clinical evidence of foot-and-foot mouth 
    disease, rinderpest, or other communicable disease that is exotic to 
    the United States or for which APHIS has an eradication or control 
    program in 9 CFR chapter I, and determines that the carcass, body 
    part, or biological specimen will be moved only for scientific 
    research or museum display purposes.
    
    ----------------------------------------------------------------------
    (Signature of importer)
        Subscribed and sworn to before me this ________ day of 
    ____________, ________.
    ----------------------------------------------------------------------
    (Title or designation)
    
    ----------------------------------------------------------------------
    (Name of zoological park)
    
      By-------------------------------------------------------------------
    (Signature of officer of zoological park)
    
    ----------------------------------------------------------------------
    (Title of officer)
        Subscribed and sworn to before me this ________ day of 
    ____________, ________.
    (Title or designation)
    
    (Approved by the Office of Management and Budget under control 
    number 0579-0040.)
    
        3. Section 92.504, paragraph (c) is revised to read as follows:
    
    
    Sec. 92.504  Import permits for swine and for swine specimens for 
    diagnostic purposes; and reservation fees for space at quarantine 
    facilities maintained by APHIS.
    
    * * * * *
        (c) Wild swine from countries where foot-and-mouth disease or 
    rinderpest exists. This paragraph (c) applies to the importation of 
    wild swine from countries designated in part 94 of this subchapter as 
    countries in which foot-and-mouth disease or rinderpest exist.
        (1) Permits for the importation of wild swine will be issued only 
    for importations through the Port of New York, and only if the animals 
    are imported for exhibition in a PEQ Zoo. A PEQ Zoo is a zoological 
    park or other place maintained for the exhibition of live animals for 
    recreational or educational purposes that:
        (i) Has been approved by the Administrator in accordance with 
    paragraph (c)(2) of this section to receive and maintain imported wild 
    swine; and
        (ii) Has entered into the agreement with APHIS set forth in 
    paragraph (c)(4) of this section for the maintenance and handling of 
    imported wild swine.
        (2) Approval of a PEQ Zoo shall be on the basis of an inspection, 
    by an authorized representative of the Department, of the physical 
    facilities of the establishment and its methods of operation. Standards 
    for acceptable physical facilities shall include satisfactory pens, 
    cages, or enclosures in which the imported swine can be maintained so 
    as not to be in contact with the general public and free from contact 
    with domestic livestock; natural or established drainage from the PEQ 
    Zoo which will avoid contamination of land areas where domestic 
    livestock are kept or with which domestic livestock may otherwise come 
    in contact; provision for the disposition of manure, other wastes, and 
    dead swine within the PEQ Zoo; and other reasonable facilities 
    considered necessary to prevent the dissemination of diseases from the 
    PEQ Zoo. The operator of the PEQ Zoo shall have available the services 
    of a full-time or part-time veterinarian, or a veterinarian on a 
    retainer basis, who shall make periodic examinations of all animals 
    maintained at the PEQ Zoo for evidence of disease; who shall make a 
    post-mortem examination of each animal that dies; and who shall make a 
    prompt report of suspected cases of contagious or communicable diseases 
    to appropriate state or federal livestock sanitary officials.
    
    [[Page 23639]]
    
        (3) Manure and other animal wastes must be disposed of within the 
    PEQ Zoo park for a minimum of one year following the date an imported 
    wild swine enters the zoo. If an APHIS veterinarian determines that an 
    imported swine shows no signs of any communicable disease during this 
    1-year period, its manure and other wastes need not be disposed of 
    within the zoo after the 1-year period. If, however, an APHIS 
    veterinarian determines that the swine does show signs of any 
    communicable disease during this 1-year period, an APHIS veterinarian 
    will investigate the disease and determine whether the swine's manure 
    and other wastes may safely be disposed of outside the zoo after the 1-
    year period has ended.
        (4) Prior to the issuance of an import permit under this section, 
    the operator of the approved PEQ Zoo to which the imported swine are to 
    be consigned, and the importer of the swine, if such operator and 
    importer are different parties, shall execute an agreement covering 
    each swine or group of swine for which the import permit is requested. 
    The agreement shall be in the following form:
    
    Agreement for the Importation, Quarantine and Exhibition of Certain 
    Wild Ruminants and Wild Swine
    
        ________, operator(s) of the zoological park known as 
    ____________________ (Name) located at ____________________ (City 
    and state), and ____________________ (Importer) hereby request a 
    permit for the importation of ________ (Number and kinds of animals) 
    for exhibition purposes at the said zoological park, said animals 
    originating in a country where foot-and-mouth disease or rinderpest 
    exists and being subject to restrictions under regulations contained 
    in part 92, title 9, Code of Federal Regulations.
        In making this request, it is understood and agreed that:
        1. The animals for which an import permit is requested will be 
    held in isolation at a port of embarkation in the country of origin, 
    approved by the Administrator as a port having facilities which are 
    adequate for maintaining wild animals in isolation from all other 
    animals and having veterinary supervision by officials of the 
    country of origin of the animals. Such animals will be held in such 
    isolation for not less than 60 days under the supervision of the 
    veterinary service of that country to determine whether the animals 
    show any clinical evidence of foot-and-mouth disease, rinderpest, or 
    other communicable disease that is exotic to the United States or 
    for which APHIS has an eradication or control program in 9 CFR 
    chapter I, and to assure that the animals will not have been exposed 
    to such a disease within the 60 days next before their exportation 
    from that country.
        2. Shipment will be made direct from such port of embarkation to 
    the port of New York as the sole port of entry in this country. If 
    shipment is made by ocean vessel, the animals will not be unloaded 
    in any foreign port en route. If shipment is made by air, the 
    animals will not be unloaded at any port or other place of landing, 
    except at a port approved by the Administrator as a port not located 
    in a country where rinderpest or foot-and-mouth disease exists or as 
    a port in such a country having facilities and inspection adequate 
    for maintaining wild animals in isolation from all other animals.
        3. No ruminants or swine will be aboard the transporting 
    vehicle, vessel or aircraft, except those for which an import permit 
    has been issued.
        4. The animals will be quarantined for not less than 30 days in 
    the Department's Animal Import Center in Newburgh, New York.
        5. Upon release from quarantine the animals will be delivered to 
    the zoological park named in this agreement to become the property 
    of the park and they will not be sold, exchanged or removed from the 
    premises without the prior consent of APHIS. If moved to another 
    zoological park in the United States, the receiving zoological park 
    must be approved by the Administrator in accordance with paragraph 6 
    of this agreement.
        6. The Administrator will approve the movement of an imported 
    animal subject to this agreement if the Administrator determines 
    that the animal has spent at least one year in quarantine in a PEQ 
    Zoo following importation without showing clinical evidence of foot-
    and-mouth disease, rinderpest, or other communicable disease that is 
    exotic to the United States or for which APHIS has an eradication or 
    control program in 9 CFR chapter I, and determines that the 
    receiving zoological park is accredited by the American Zoo and 
    Aquarium Association (AZA), or the receiving zoological park has 
    facilities and procedures in place related to preventing the spread 
    of communicable animal diseases (including but not limited to 
    procedures for animal identification, record keeping, and veterinary 
    care) that are equivalent to those required for AZA accreditation. 
    The Administrator will approve the movement of a carcass, body part, 
    or biological specimen derived from an imported animal subject to 
    this agreement if the Administrator determines that the animal has 
    spent at least one year in quarantine in a PEQ Zoo following 
    importation without showing clinical evidence of foot-and-foot mouth 
    disease, rinderpest, or other communicable disease that is exotic to 
    the United States or for which APHIS has an eradication or control 
    program in 9 CFR chapter I, and determines that the carcass, body 
    part, or biological specimen will be moved only for scientific 
    research or museum display purposes.
    
    ----------------------------------------------------------------------
    (Signature of importer)
        Subscribed and sworn to before me this ________ day of 
    ____________, ________.
    ----------------------------------------------------------------------
    (Title or designation)
    
    ----------------------------------------------------------------------
    (Name of zoological park)
    
      By-------------------------------------------------------------------
    (Signature of officer of zoological park)
    
    ----------------------------------------------------------------------
    (Title of officer)
        Subscribed and sworn to before me this ________ day of 
    ____________, ________.
    
    ----------------------------------------------------------------------
    (Title or designation)
    
    (Approved by the Office of Management and Budget under control 
    number 0579-0040.)
    
    Done in Washington, DC, this 24th day of April 1997.
    Terry L. Medley,
    Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 97-11313 Filed 4-30-97; 8:45 am]
    BILLING CODE 3410-34-P
    
    
    

Document Information

Effective Date:
6/2/1997
Published:
05/01/1997
Department:
Agriculture Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-11313
Dates:
June 2, 1997.
Pages:
23635-23639 (5 pages)
Docket Numbers:
Docket No. 94-136-2
PDF File:
97-11313.pdf
CFR: (2)
9 CFR 92.404
9 CFR 92.504