Comment from Charles H Bronson & Richard D Gaskalla, Florida Department of Agriculture and Consumer Services, Division of Plant Industry (FDACS/DPI)

May 1, 2007 Regulatory Analysis and Development PPD, APHIS Station 3A-03.8 4700 River Road Unit 118 Riverdale, MD 20737-1238 RE: Docket No. APHIS-2007-0032 To Whom It May Concern: This is to express our objection to the interim rule that became effective on March 16, 2007, ?Citrus Canker; Interstate Movement of Regulated Nursery Stock from Quarantine Areas? that prohibits the interstate movement of citrus nursery stock with a couple of minor exceptions for non-grafted calamondin and kumquat plants. This interim rule is not in accordance with the National Plant Board Principles of Plant Quarantine in that USDA is imposing more restrictive measures than are needed to prevent the spread of citrus canker. Prior to the implementation of this interim rule, 7 CFR 301.75 permitted the movement of citrus nursery stock from citrus canker quarantine areas provided it was not destined to citrus producing areas. It required that every regulated plant and regulated tree in all nurseries in the quarantine area be inspected for citrus canker by an inspector at intervals of no more than 45 days. A nursery was defined as any premise, including greenhouses but excluding any grove, at which plants were grown or maintained for propagation or replanting. It also required the treatment upon leaving the grove of personnel, vehicles, equipment and other articles in the quarantined area that were used in providing inspection, maintenance, harvesting, or related services in any grove containing regulated plants or regulated trees. In addition, all personnel who entered the grove or premises to provide these services had to be treated for purposes of decontamination. Docket No. APHIS-2007-0032 May 1, 2007 Page Two The Florida Department of Agriculture and Consumer Services, Division of Plant Industry (FDACS/DPI) provided the USDA with evidence and information that these requirements were and could continue to be met. In fact, the FDACS/DPI had passed new regulations in accordance with the Citrus Health Response Plan jointly authored by USDA, FDACS, and the Florida Citrus Industry with input from both the California and Texas Citrus Industries requiring all citrus nursery stock propagations after January 1, 2007 to be made within structures approved by FDACS/DPI to prevent the introduction of citrus canker, citrus greening and the Asian citrus psyllid. They also implemented and fully staffed a new Citrus Nursery Stock Certification Program wherein citrus nurseries are inspected every 30 days. Decontamination of both equipment and personnel at these locations is required and strictly enforced through the inspection process. Decontamination of equipment and personnel working in groves is also still required. The Florida Citrus Nursery Certification Program is the most restrictive in the United States because Florida has more commercial citrus production than any other state in the country in need of protection. Certainly this program provides more than adequate quarantine security for non-citrus producing states that do not even have a citrus industry. Several Florida citrus nurseries have good markets in the northeast and other areas east of the Mississippi River but have now been excluded from these profitable markets. Excluding Florida citrus plants, which are produced under the most restrictive criteria of any state, will provide opportunities for citrus nursery stock production in non-citrus producing states where there are no provisions to ensure clean stock. If citrus canker or citrus greening were even present in these states, it is highly unlikely it would be detected due to minimal surveillance activities for citrus pests and diseases. In addition, if people in non-citrus producing states cannot readily obtain certified citrus plants from Florida, they will be more likely to obtain non-certified plants that pose a very real risk of being infected with citrus canker. This interim rule is overly restrictive, inconsistent with other USDA regulations governing the movement of nursery stock from areas under quarantine for exotic pests or diseases, economically detrimental to Florida citrus nurseries and biologically unjustified. Such deviation from the Principles of Plant Quarantine is unprecedented, and this interim rule should be repealed. Sincerely, CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE Richard D. Gaskalla Division Director RDG/dc