Importation of Hedgehogs and Tenrecs

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]

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