Importation of Certain Animal Semen

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 98

[Docket No. 93-032-2]

Importation of Certain Animal Semen

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to prohibit the importation of

animal semen from any country other than the country in which it was

collected. This action is intended to prevent the introduction of

exotic animal diseases into the United States.

EFFECTIVE DATE: June 22, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Roger Perkins, Staff Veterinarian,

Import-Export Products Staff, VS, APHIS, USDA, room 765B, Federal

Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-4325.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 98 (referred to below as the

regulations) govern the importation of animal germ plasm so as to

prevent the introduction of contagious diseases of livestock or poultry

into the United States. Subparts A and B of part 98 apply to certain

animal embryos and subpart C applies to certain animal semen.

On October 25, 1993, we published in the Federal Register (58 FR

55026-55027, Docket No. 93-032-1) a proposal to amend the regulations

to prohibit the importation of animal semen from any country other than

the country in which it was collected. We solicited comments concerning

our proposal for a 60-day comment period ending December 27, 1993.

During that period, we received three comments, one in support and two

opposed. They were from a national veterinary association, a foreign

agricultural agency, and a national association of zoological parks and

aquariums. The comments opposing the proposal are discussed below.

One commenter argues that this action would unreasonably restrict

the trade of animal semen from certain European storage banks which

stockpile animal semen collected in various other countries for export

to the United States and elsewhere. The comment claims that because

these banks are located in countries free of rinderpest, foot and mouth

disease (FMD), and other diseases, and because all animal semen

imported into the United States from these banks would have been

collected in countries similarly free of disease, contaminated semen

would only be imported into the United States if the semen were

misidentified, commingled with contaminated semen, or otherwise

contaminated while at the storage bank. Consequently, as an alternative

to our proposal, the commenter suggests that we require veterinary

guarantees attesting to the storage conditions of animal semen at

regional storage banks after its import from the country of collection

and before its export to the United States.

Though veterinary guarantees concerning storage of animal semen

after its arrival at a regional bank would help to prevent importation

of contaminated animal semen into the United States, such guarantees

still would not provide us with the control over semen collection we

believe necessary to ensure that contaminated semen is not introduced

into the United States. Under the regulations, in order to import

animal semen into the United States from countries free of rinderpest

and FMD, an importer must supply the U.S. Department of Agriculture

(USDA) with information regarding the health and origin of the donor

animal and the location, date, and other details regarding the semen

collection. When animal semen is imported into the United States from

countries other than the country of its collection, the nature and

quality of this required information is often deficient or incomplete,

and, obtaining additional information can be difficult. We believe that

such problems expose the United States to increased risk of animal

disease being introduced inadvertently through the import of

contaminated semen.

Similarly, the other comment in opposition claims that this action

would hinder animal conservation programs which depend on the use of

regional storage banks containing animal semen of endangered species,

including ruminants, collected in various countries. As an alternative

to our proposal, the commenter suggests that we provide for the

certification of foreign veterinary services with animal health

standards equivalent to our own. After certification, these foreign

veterinary services could regulate the export to the United States of

animal semen collected in various countries and stored in their

countries' regional banks.

Allowing for this sort of certification would not provide us with

the control over semen collection we believe necessary to ensure that

contaminated semen is not introduced into the United States. We also

believe that it would be especially difficult to certify foreign

veterinary services as having animal health standards equivalent to our

own; varying biological and epidemiological factors in different

countries and regions compel some veterinary services to test imported

and exported animals for diseases and pests that other veterinary

services might not.

Furthermore, there are and will continue to be available

alternative conservation methods for endangered animals involving the

importation of animal semen. For example, following the effective date

of this action, animal semen still may be imported directly into the

United States from the country of collection, even from FMD countries,

if collected and transported in accordance with the regulations.

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 final rule has been reviewed under Executive Order 12866. The

rule has been determined to be not significant for purposes of

Executive Order 12866, and, therefore, has not been reviewed by the

Office of Management and Budget.

We anticipate that the provisions of this rule will have little or

no economic effect. The prohibition against importing animal semen from

a country other than the country in which it was collected will not

affect significantly the cost of doing business for importers. This

rule only requires importers to import animal semen directly from the

country in which it was collected; no countries currently allowed to

export animal semen under the various regulations will be excluded as a

source of animal semen as a result of this rule.

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

This document contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 98

Animal diseases, Imports.

Accordingly, 9 CFR part 98, subpart C, is amended as follows:

PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

1. The authority citation for part 98 is revised to read as

follows:

Authority: 7 U.S.C. 1622; 21 U.S.C. 103, 104, 105, 111, 134a,

134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 CFR 2.17,

2.51, and 371.2(d).

2. The undesignated paragraph in Sec. 98.31 is designated as

paragraph (a) and a new paragraph (b) is added to read as follows:

Sec. 98.31 General prohibitions; exceptions.

(a) * * *

(b) Animal semen may not be imported into the United States from

any country other than the country in which it was collected.

Sec. 98.34 [Amended]

3. In Sec. 98.34, paragraph (a)(3), the first sentence is amended

by removing the phrase ``where the shipment has been or will be held

or''.

Done in Washington, DC, this 18th day of May 1994.

William S. Wallace,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-12528 Filed 5-20-94; 8:45 am]

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