Importation of Honeybees and Honeybee Semen From New Zealand

SUMMARY: We are reopening the comment period for a proposal that would

amend the honeybee and honeybee semen regulations to allow honeybees

and honeybee semen to be imported from New Zealand into the United

States, subject to certain conditions. The proposed action appears

warranted based on our determination that New Zealand is free of, and

has adequate protection against the introduction of, diseases and

parasites of honeybees, and undesirable species or subspecies of

honeybees and their semen. The proposed action would relieve certain

restrictions on the importation of honeybees and honeybee semen from

New Zealand without presenting a significant risk of introducing

harmful diseases or parasites of honeybees into the United States.

Reopening the comment period will provide interested persons with

another opportunity to comment on the proposed rule.

DATES: Consideration will be given only to comments received on or

before August 17, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 89-117. Comments received

may be inspected at USDA, room 1141, South Building, 14th Street and

Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m.,

Monday through Friday, except holidays. Persons wishing to inspect

comments are requested to call ahead on (202) 690-2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. James Fons, Operations Officer,

Port Operations Staff, Plant Protection and Quarantine, APHIS, USDA,

room 637, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782,

(301) 436-8295.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR part 322 (referred to below as the

regulations) govern the importation into the United States of honeybees

and honeybee semen. These regulations were established pursuant to the

Honeybee Act (7 U.S.C. 281 et seq.). The Honeybee Act was designed to

prevent the movement into the United States of diseases and parasites

harmful to honeybees. In addition, the Honeybee Act was designed to

prevent the movement into the United States of undesirable species or

subspecies of honeybees, such as Apis mellifera scutellata, commonly

known in the United States as the African honeybee.

In this regard, 7 U.S.C. 281 provides, in relevant part, that:

(a) In order to prevent the introduction and spread of diseases and

parasites harmful to honeybees, and the introduction of genetically

undesirable germplasm of honeybees, the importation into the United

States of all honeybees is prohibited, except that honeybees may be

imported into the United States--

(1) By the United States Department of Agriculture for experimental

or scientific purposes;

(2) From countries determined by the Secretary of Agriculture--

(A) To be free of diseases or parasites harmful to honeybees, and

undesirable species or subspecies of honeybees; and

(B) To have in operation precautions adequate to prevent the

importation of honeybees from other countries where harmful diseases or

parasites, or undesirable species or subspecies, of honeybees exist; or

(3) From Canada or Mexico, subject to such terms and conditions as

the Secretary of Agriculture determines appropriate, if the Secretary

determines that the region of Canada or Mexico from which the honeybees

originated is, and is likely to remain, free of diseases or parasites

harmful to honeybees, and undesirable species or subspecies of

honeybees.

These provisions are set forth at Sec. 322.1 as criteria for

determining which countries may be listed in the regulations as

countries from which honeybees or honeybee semen may be imported into

the United States.

Under the regulations, honeybees may be imported into the United

States from New Zealand only by the United States Department of

Agriculture (USDA) for experimental or scientific purposes. Honeybee

semen may be imported from New Zealand only after issuance of a permit

by Plant Protection and Quarantine, Animal and Plant Health Inspection

Service.

On February 6, 1990, we published in the Federal Register (55 FR

3968-3969, Docket No. 89-117) a proposal to amend the regulations by

removing these restrictions on honeybees and honeybee semen imported

into the United States from New Zealand. We stated that the proposal

was warranted because it had been determined that New Zealand met the

criteria set forth in Sec. 322.1, based on USDA review of the

scientific literature; an ongoing sampling program of New Zealand

honeybees by the USDA; an ongoing exchange of information between New

Zealand and the United States relating to bee diseases and parasites,

and undesirable species and subspecies of honeybees; and a review by

USDA of the bee enforcement program in New Zealand.

However, we recognized that shipments of honeybees or honeybee

semen from New Zealand could, during transit through countries from

which honeybees and honeybee semen may not be imported into the United

States, come in contact with foreign honeybees that may be diseased. We

therefore proposed to allow honeybees and honeybee semen to be imported

from New Zealand into the United States if they were shipped to the

United States nonstop and if they were accompanied by a certificate of

origin issued by the New Zealand Department of Agriculture certifying

that the honeybees and honeybee semen were of New Zealand origin. We

also proposed to amend Sec. 322.2 to add a definition for ``certificate

of origin.''

We solicited comments concerning the 1990 proposal for a 15-day

comment period ending February 21, 1990. In response to a comment, we

published a notice in the Federal Register on March 2, 1990 (55 FR

7499, Docket No. 90-025), that extended the comment period to April 2,

1990. We received 37 comments by that date. The comments were from

apiaries, queen breeders, beekeeper associations, and State departments

of agriculture.

We did not at that time publish a final rule. However, we now wish

to proceed with rulemaking. We have consulted the most current

scientific literature and discussed this action with experts within and

outside of the Department, and we have confirmed that the actions

described in the original proposal are still appropriate. Nevertheless,

because considerable time has elapsed since publication of the original

proposed rule, we are reopening the comment period on the 1990 proposal

to allow interested persons another opportunity to comment.

Done in Washington, DC, this 13th day of July 1994.

B. Glen Lee,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-17346 Filed 7-15-94; 8:45 am]

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