[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Rules and Regulations]
[Pages 55180-55183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26871]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 92
[Docket No. 91-071-2]
Importation of Hedgehogs and Tenrecs
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the animal importation regulations to prohibit
the importation of hedgehogs and tenrecs into the United States from
countries affected by foot-and-mouth disease. Additionally, we are
imposing certain restrictions on the importation of hedgehogs and
tenrecs into the United States from countries declared free of foot-
and-mouth disease. These actions are necessary to prevent the
introduction of foot-and-mouth disease and other communicable animal
diseases into the United States.
EFFECTIVE DATE: November 29, 1995.
FOR FURTHER INFORMATION CONTACT: Dr. Keith Hand, Senior Staff
Veterinarian, Import-Export Animals, VS, APHIS, 4700 River Road Unit
39, Riverdale, MD 20737-1228, (301) 734-5097.
SUPPLEMENTARY INFORMATION:
Background
The animal importation regulations in 9 CFR part 92 (referred to
below as the regulations) prohibit or restrict the importation of
certain animals and birds into the United States to prevent the
introduction of communicable diseases of livestock and poultry. Subpart
G of part 92 prohibits the importation of brushtail possums and
hedgehogs from New Zealand.
On May 9, 1995, we published in the Federal Register (60 FR 24580-
24584, Docket No. 91-071-1) a proposal to amend the regulations to
prohibit the importation of hedgehogs and tenrecs into the United
States from countries where foot-and-mouth disease (FMD) exists and to
require that hedgehogs and tenrecs from countries declared free of FMD
be inspected and treated for ectoparasites in the country of origin and
that they be inspected upon arrival in the United States.
We solicited comments concerning our proposal for 60 days ending
July 10, 1995. We received one comment by that date. The comment is
discussed below.
Comment: The prohibition on the importation of hedgehogs and
tenrecs from countries where FMD exists should be expanded to include
hedgehogs and tenrecs from all countries, not just countries with FMD.
Imported hedgehogs or tenrecs may carry diseases that are contagious to
humans, such as bovine tuberculosis and salmonellosis. They can pass on
fleas, ticks, mange, and, in the case of hedgehogs, five different
intestinal worms to humans. Also, there is no United States Department
of Agriculture (USDA) certified vaccine against rabies for hedgehogs
and tenrecs. Because there is no documentation that exists proving
hedgehogs and tenrecs cannot carry and transmit rabies, there is a risk
that they may pass the rabies virus on to humans.
There are also problems associated with importing and keeping wild
animals, such as hedgehogs and tenrecs, as pets. Inadequate feeding and
watering during transportation often causes fatalities in imported
animals, and the stress associated with capture and transportation
causes susceptibility to disease and illness. In the wild, hedgehogs
and tenrecs are solitary insectivores that travel up to a mile per day.
However, during importation, hedgehogs and tenrecs are often
transported with other hedgehogs or tenrecs in close proximity and are
fed cat and dog food. In addition, when owners do not properly maintain
these animals in a home environment, the animals can become a hazard to
human health, other animals, and the environment.
Response: The Animal and Plant Health Inspection Service (APHIS)
restricts the importation of certain animals into the United States to
prevent the introduction and dissemination of communicable diseases of
animals. Published research obtained by APHIS indicates that certain
animals of the order Insectivora, including the family Erinaceidae
(hedgehogs), may harbor the FMD virus. (Copies of this research may be
obtained by writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.) Animals of the family Tenrecidae (tenrecs), often
referred to as the Madagascar hedgehog, are similar to hedgehogs in
appearance and behavior and may also be capable of harboring the FMD
virus and transmitting it to other animals. Therefore, this rule amends
part 92 to prohibit the importation of hedgehogs and tenrecs into the
United States from countries where FMD exists to prevent the
[[Page 55181]]
introduction of FMD into the United States.
Further, research and APHIS' experience with hedgehogs and tenrecs
indicates that these animals present a significant risk of carrying
ectoparasites such as ticks, mites, and lice. Certain ticks spread East
coast fever, heartwater, African swine fever, and other exotic diseases
of livestock. Both hedgehogs and tenrecs are hosts to the type of ticks
that carry these diseases, which do not exist in the United States.
Therefore, this rule also amends part 92 to impose certain restrictions
on the importation of hedgehogs and tenrecs from countries declared
free of FMD, including requirements for inspection and treatment for
ectoparasites.
Bovine tuberculosis is a serious communicable disease of cattle,
bison, and other species, including humans, caused by Mycobacterium
bovis. Bovine tuberculosis (TB) causes weight loss, general
debilitation, and sometimes death. The disease manifests itself as lung
disease or draining, nonhealing, abscesses, or both. It is generally
transmitted by breathing in respiratory excretions from infected
animals or drinking infected milk from infected animals.
In an interim rule effective on May 31, 1994, and published in the
Federal Register on June 6, 1994 (see 59 FR 29186-29187, Docket No. 94-
032-1, and the subsequent affirmation of the interim rule at 60 FR
4372, Docket No. 94-032-2, published in the Federal Register on January
23, 1995), we amended the regulations to prohibit the importation of
brushtail possums and hedgehogs from New Zealand. New Zealand reported
that TB was endemic in the brushtail possum (Trichosurus vulpecula) and
that the possums were a constant source of disease for the domestic
livestock population in certain regions. New Zealand also reported that
TB had been diagnosed in hedgehogs. There is no recognized test for
detecting TB in hedgehogs or brushtail possums. These factors presented
an unacceptable risk that hedgehogs from New Zealand could carry TB
into the United States. However, APHIS does not have the scientific
evidence to justify a prohibition on the importation of hedgehogs from
all countries based on the possibility that hedgehogs may carry TB.
APHIS has not identified any cases of Group D salmonella
(Salmonella pullorum, Salmonella gallinarum, and Salmonella
enteritidis), the salmonella that most affect poultry, in hedgehogs and
tenrecs. Furthermore, many animals can carry salmonella; there is no
evidence that hedgehogs and tenrecs present a unique risk of infecting
livestock and poultry.
Furthermore, there is no documentation proving that hedgehogs and
tenrecs carry and transmit rabies. Consequently, there is no basis for
our prohibiting the importation of hedgehogs and tenrecs because of
rabies.
We recognize the potential problems associated with keeping
hedgehogs and tenrecs as pets, including the risk that these animals
could transmit internal parasites or disease agents to humans. However,
our regulations to restrict or prohibit the importation of animals are
based on laws that, in general, authorize action to prevent the
introduction or dissemination of communicable diseases of animals.
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 without change.
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.
This document amends the animal import regulations to prohibit the
importation of hedgehogs and tenrecs from countries affected with FMD.
Additionally, it requires hedgehogs and tenrecs from countries that
have been declared free of FMD to be inspected and treated for
ectoparasites in the country of origin and to be inspected upon arrival
in the United States.
At present, approximately 3 to 10 small businesses in the United
States import hedgehogs or tenrecs or both. These businesses specialize
in the importation of exotic species for the domestic pet industry.
Animal importers pay less than $75 per head to purchase and transport
individual hedgehogs and tenrecs to the United States. In the present
market, adult hedgehogs and tenrecs sell for an estimated retail range
of approximately $120 to $360 each, depending upon age and species.
During 1990, approximately 500 to 800 hedgehogs entered the United
States from countries affected by FMD. Almost all of the hedgehogs
imported into the United States were imported from Africa. Although we
do not have information regarding the number of tenrecs imported into
the United States in 1990, we believe that the number of imported
tenrecs did not exceed the number of imported hedgehogs. Based upon
those figures, we estimate an annual economic impact on the United
States exotic pet industry of between $60,000 ($120 x 500) to
$288,000 ($360 x 800) due to reduced sales. This loss in sales
represents a negligible impact for an industry with sales that exceeded
$300 million during 1990.
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 12778
This rule has been reviewed under Executive Order 12778, 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
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this proposed rule have been approved by the Office of
Management and Budget (OMB) under OMB control numbers 0579-0040 and
0579-0120.
List of Subjects in 9 CFR Part 92
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
PART 92--IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN
ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR
CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON
Accordingly, 9 CFR part 92 is amended as follows:
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 2.17, 2.51, and 371.2(d).
2. In part 92, subpart G is revised to read as follows:
Subpart G--Miscellaneous Animals
Sec.
92.700 Definitions.
92.701 Prohibitions.
92.702 Restrictions.
92.703 Ports designated for importation.
92.704 Import permit.
92.705 Health certificate.
92.706 Notification of arrival.
92.707 Inspection at the port of first arrival.
[[Page 55182]]
Subpart G--Miscellaneous Animals
Sec. 92.700 Definitions.
Wherever in this subpart the following terms are used, unless the
context otherwise requires, they shall be construed, respectively, to
mean:
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any other employee of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, delegated
to act in the Administrator's stead.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture (APHIS).
Brushtail possum. Vulpine phalangers (Trichosurus vulpecula) of the
family Phalangeridae.
Delivery. The transfer of goods or interest in goods from one
person to another.
Enter (entry). To introduce into the commerce of the United States
after release from government detention.
Hedgehog. All members of the family Erinaceidae.
Import (imported, importation). To bring into the territorial
limits of the United States.
Inspector. An employee of the Animal and Plant Health Inspection
Service authorized to perform duties required under this subpart.
Person. Any individual, corporation, company, association, firm,
partnership, society, or joint stock company.
Tenrec. All members of the family Tenrecidae.
United States. All of the States of the United States, the District
of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the
Virgin Islands of the United States, and all other territories and
possessions of the United States.
Sec. 92.701 Prohibitions.
(a) No person may import a hedgehog or tenrec into the United
States from any country designated in Sec. 94.1 of this chapter as a
country where foot-and-mouth disease exists.
(b) No person may import a brushtail possum or hedgehog into the
United States from New Zealand.
Sec. 92.702 Restrictions.
Hedgehogs and tenrecs not specifically prohibited from being
imported under Sec. 92.701 may be imported into the United States only
in accordance with the regulations in this subpart.
Sec. 92.703 Ports designated for importation.
(a) Any person importing a hedgehog or tenrec into the United
States may import it, except as provided in paragraph (b) of this
section, only through the following ports:
(1) Air and ocean ports. Anchorage and Fairbanks, AK; San Diego and
Los Angeles, CA; Denver, CO; Jacksonville, Miami, St. Petersburg-
Clearwater, and Tampa, FL; Atlanta, GA; Honolulu, HI; Chicago, IL; New
Orleans, LA; Portland, ME; Baltimore, MD; Boston, MA; Minneapolis, MN;
Great Falls, MT; Newburgh, NY; Portland, OR; San Juan, PR; Galveston
and Houston, TX; and Seattle, Spokane, and Tacoma, WA.
(2) Canadian border ports. Eastport, ID; Houlton and Jackman, ME;
Detroit, Port Huron, and Sault Ste. Marie, MI; Opheim, Raymond, and
Sweetgrass, MT; Alexandria Bay, Buffalo, and Champlain, NY; Dunseith,
Pembina, and Portal, ND; Derby Line and Highgate Springs, VT; Blaine,
Lynden, Oroville, and Sumas, WA.
(3) Mexican border ports. Douglas, Naco, Nogales, Sasabe, and San
Luis, AZ; Calexico and San Ysidro, CA; Antelope Wells, and Columbus,
NM; and Brownsville, Hidalgo, Laredo, Eagle Pass, Del Rio, Presidio,
and El Paso, TX.
(b) The Secretary of the Treasury has approved the designation, as
inspection stations, of the ports specified in paragraph (a) of this
section. In special cases, the Administrator may designate other ports
as inspection stations in accordance with this section, with the
concurrence of the Secretary of the Treasury.
Sec. 92.704 Import permit.
(a) General requirements. No person may import a hedgehog or tenrec
into the United States unless it is accompanied by an import permit
issued by APHIS and is imported into the United States within 30 days
after the proposed date of arrival stated in the import permit. The
importer or his or her agent must notify the inspector at the port of
first arrival of the date of arrival at least 72 hours before the
hedgehog or tenrec arrives in the United States.
(b) Import permit required. Any person who desires to import a
hedgehog or tenrec must complete and submit one copy of an application
(VS Form 17-129) for an import permit to the Import-Export Animals
Staff, National Center for Import-Export, Veterinary Services, Animal
and Plant Health Inspection Service, United States Department of
Agriculture, 4700 River Road Unit 39, Riverdale, Maryland 20737-1231.
This staff will supply application forms for import permits upon
request. A separate application must be prepared for each shipment.
(c) Application for an import permit. The importer must complete,
sign, and date the application for an import permit, which must include
the following information:
(1) The name and address of the shipper in the country of origin of
the hedgehog or tenrec intended for importation into the United States.
(2) The name, address, and telephone number of the importer.
(3) The port of embarkation.
(4) The country from which the hedgehog or tenrec will be shipped
to the United States.
(5) The mode of transportation.
(6) The number, breed, species, and descriptions of the hedgehogs
or tenrecs to be imported.
(7) The purpose of the importation.
(8) The route of travel, including all carrier stops en route.
(9) The proposed shipping and arrival dates.
(10) The port of first arrival in the United States.
(11) The name, mailing address, and telephone number of the person
to whom the hedgehog or tenrec will be delivered in the United States.
(12) The location of the place where delivery will be made in the
United States.
(13) Any remarks regarding the shipment.
(d) Issuance of an import permit. Upon receipt of the application,
APHIS will review the application. If the hedgehog or tenrec appears to
be eligible to be imported into the United States, APHIS will issue an
import permit indicating the applicable requirements under this subpart
for the importation of the hedgehog or tenrec. Even though an import
permit has been issued for the importation of a hedgehog or tenrec, the
animal may enter the United States only if all other applicable
requirements of this subpart have been met.
(Approved by the Office of Management and Budget under control
number 0579-0040)
Sec. 92.705 Health certificate.
(a) No person may import a hedgehog or tenrec into the United
States unless it is accompanied by a health certificate either issued
by a full-time salaried veterinary officer of the national government
of the exporting country or issued by a veterinarian authorized or
accredited by the national government of the exporting country and
endorsed by a full-time salaried veterinary officer of the national
government of that country. The health certificate must contain the
names and street addresses of the consignor and consignee and must
state:
[[Page 55183]]
(1) That the hedgehog or tenrec originated in a country that has
been recognized as free of foot-and-mouth disease by the USDA;
(2) That the hedgehog or tenrec has never been in a country where
foot-and-mouth disease exists;
(3) That the hedgehog or tenrec has not been commingled with any
other hedgehog or tenrec that originated in or has ever been in a
country where foot-and-mouth disease exists;
(4) That the hedgehog or tenrec was inspected by the individual
issuing the health certificate and was found free of any ectoparasites
not more than 72 hours before being loaded on the means of conveyance
which transported the animal to the United States;
(5) That all body surfaces of the hedgehog or tenrec were treated
for ectoparasites under the supervision of the veterinarian issuing the
health certificate at least 3 days but not more than 14 days before
being loaded on the means of conveyance that transported the animal to
the United States;
(6) That the pesticide and the concentration used would kill the
types of ectoparasites that may infest the animal to be imported;
(7) That the hedgehog or tenrec, after being treated for
ectoparasites in accordance with paragraphs (a)(5) and (a)(6) of this
section, had physical contact only with, or shared a pen or bedding
materials only with, treated hedgehogs or tenrecs in the same shipment
to the United States; and
(8) The name and concentration of the pesticide used to treat the
hedgehog or tenrec.
(b) [Reserved]
(Approved by the Office of Management and Budget under control
number 0579-0040)
Sec. 92.706 Notification of arrival.
Upon the arrival of a hedgehog or tenrec at the port of first
arrival in the United States, the importer or his or her agent must
present the import permits and health certificates required by this
subpart to the collector of customs for the use of the inspector at
that port.
Sec. 92.707 Inspection at the port of first arrival.
(a) A hedgehog or tenrec from any part of the world must be
inspected by an APHIS inspector at the port of first arrival. Subject
to the other provisions in this subpart, a shipment of hedgehogs or
tenrecs may enter the United States only if each hedgehog or tenrec in
the shipment is found free of ectoparasites and any clinical signs of
communicable diseases.
(b) If any hedgehog or tenrec in a shipment is found to be infested
with ectoparasites or demonstrates any clinical signs of communicable
diseases, then the entire shipment will be refused entry. The importer
will be given the following options:
(1) Remove the shipment from the United States; or
(2) Release the shipment to the U.S. Department of Agriculture. The
Administrator will destroy or otherwise dispose of the shipment as
necessary to prevent the possible introduction into the United States
of communicable animal diseases.
Done in Washington, DC, this 24th day of October 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-26871 Filed 10-27-95; 8:45 am]
BILLING CODE 3410-34-P
