Importation of Pet Birds

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 92 and 130

[Docket No. 95-057-1]

Importation of Pet Birds

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing several changes to the regulations for

importing pet birds into the United States. First, we are proposing to

remove the requirement for veterinary inspection at the port of entry

for all pet birds imported from Canada, including pet birds of U.S.

origin that have been in Canada. We would also remove the requirement

that such birds may only be imported through a designated port. For pet

birds of Canadian origin, we would add the requirement that the birds

be accompanied by a veterinary health certificate issued by Agriculture

Canada. We are also proposing to allow pet birds imported from

countries other than Canada to be maintained under home quarantine for

30 days rather than be quarantined for 30 days at a facility operated

by the United States Department of Agriculture. Finally, we are

proposing to allow microchip implants as a form of permanent

identification for pet birds of U.S. origin. We believe these actions

would facilitate the importation of pet birds, while continuing to

provide protection against the introduction of communicable poultry

diseases into the United States.

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

before October 21, 1996.

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

Docket No. 95-057-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 95-057-1. 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: Dr. Tracye R. Butler, Staff

Veterinarian, Import-Export Animals, National Center for Import-Export,

VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231, (301)

734-5097.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92 (referred to below as the

regulations) regulate the importation of certain animals and birds,

including pet birds that are imported for the personal pleasure of

their individual owners and are not intended for resale, to prevent the

introduction of communicable diseases of livestock and poultry.

The regulations provide different requirements for importing pet

birds depending on the origin of the bird. For pet birds imported from

Canada, the regulations require that, among other things, the birds

must be found upon port of entry veterinary inspection to be free of

poultry diseases. In order to allow for veterinary inspection, the

regulations require that pet birds from Canada may only be imported

through a port designated in Sec. 92.102 or Sec. 92.203, because these

are ports where inspectors qualified to perform veterinary inspections

are available. The result of this requirement has been that some pet

bird owners from Canada have to travel a considerable distance to

import their pet bird through a designated port of entry. This is often

inconvenient and expensive for pet bird owners.

Approximately 300 pet birds are imported from Canada through

designated ports each year. No communicable disease of poultry has ever

been detected upon veterinary inspection at the port of entry in a pet

bird from Canada. For this reason, we believe that importing pet birds

from Canada without veterinary inspection at the port of entry would

not pose any significant risk of introducing a communicable disease of

poultry into the United States. We are, therefore, proposing to remove

the requirement that birds imported from Canada must receive a

veterinary inspection at the port of entry, as well as the requirement

that pet birds from Canada may only be imported through designated

ports.

However, as a precaution to ensure that pet birds imported from

Canada do not carry communicable poultry diseases, we would require

that pet birds imported from Canada must be accompanied by a veterinary

health certificate issued by a veterinarian employed full-time by

Agriculture Canada. The certificate would have to state that, upon

inspection by an Agriculture Canada veterinarian, the bird was found

free of any signs of communicable diseases of poultry. The inspection

by the Agriculture Canada veterinarian must have been conducted within

30 days preceding the date of importation of the pet bird. Although it

would cost a pet bird owner approximately US $9.50 (Can $13.00) to

obtain this certificate, the cost is less than the average charge of US

$16.50 for veterinary inspection of the pet bird at the port of entry.

Also, the pet bird owner would be able to obtain the certificate at his

or her convenience (within 30 days prior to importation) and would be

able to import the pet bird through whatever port is most convenient to

the owner.

For pet birds of U.S. origin that are returning to the United

States from any country, the regulations also require that the birds be

imported only through ports designated in Sec. 92.102 or Sec. 92.203

and that the birds receive a veterinary inspection at the port of

entry. Further, if the pet birds have been outside the United States

for more than 60 days, the regulations require that the birds be

maintained by their owner under home quarantine for a minimum of 30

days, until they are released from quarantine by an inspector of the

Animal and Plant Health Inspection Service (APHIS). For the reasons

stated previously for pet birds from Canada, we are proposing to remove

these requirements for pet birds of U.S. origin that have been outside

the United States only in Canada. Pet birds that originated in the

United States but that have been in any country other than Canada

during their time outside the United States would continue to be

subject to veterinary inspection at the port of entry and, if

appropriate, home quarantine.

For pet birds not of U.S. origin imported from any country other

than

[[Page 43189]]

Canada, the regulations require, among other things, that the birds be

quarantined for a minimum of 30 days at a quarantine facility operated

by the United States Department of Agriculture (USDA). There, each pet

bird or lot of birds is isolated in a biologically secure unit separate

and apart from all other avian species (if more than one bird is

imported by the same owner and the birds are compatible, the ``lot''

can be kept together in the same isolette). During the isolation

period, the pet birds are subjected to tests and procedures to

determine whether they are free from communicable diseases of poultry.

If the pet birds are found during quarantine to be infected with or

exposed to any communicable disease of poultry, they will not be

released for entry into the United States.

The primary diseases of concern that could be carried by pet birds

imported from other countries are exotic Newcastle disease (END) and

pathogenic strains of avian influenza (AI). Captive-bred birds are at a

relatively low risk of spreading END, pathogenic AI, or other

communicable poultry diseases, because they are born and raised in a

controlled environment where it would be easy to determine if they had

been exposed to an infected bird. Wild-caught birds are at the highest

risk for carrying END, pathogenic AI, and other communicable diseases

of poultry, because it is impossible to control or determine what they

were exposed to in the wild.

As a result of the Wild Bird Conservation Act of 1992 (the Act),

the number of wild-caught pet birds imported into the United States has

been significantly reduced. Under the Act, in order to import any pet

bird purchased outside the United States, an owner must have documented

evidence that he or she has resided outside the United States

continuously for at least 1 year, may not import more than two pet

birds, must have a permit from the U.S. Fish and Wildlife Service,

documented evidence that each bird was acquired legally, and all

necessary permits from the country of export. These requirements

eliminate a once common practice of U.S. citizens purchasing exotic,

wild-caught birds while on vacation, and bringing them back to the

United States as pets. The virtual elimination of wild-caught pet bird

importations, as well as an overall reduction in importation of any pet

birds, significantly reduces the risk of imported pet birds introducing

communicable diseases of poultry into the United States. There have

been no isolations of END or pathogenic AI in any pet bird legally

imported through a USDA-operated quarantine facility in at least 10

years.

For these reasons, although we continue to believe that it is

necessary to take the precaution of quarantining pet birds imported

from countries other than Canada for a minimum of 30 days, we do not

believe that it is necessary to require that the birds be quarantined

in a USDA-operated facility. Therefore, we are proposing to allow

owners of such birds to maintain their pet birds under home quarantine

for the same 30-day time period. The provisions for home quarantine

would be the same as those currently in the regulations for pet birds

of U.S. origin that have been outside of the United States for more

than 60 days (see Sec. 92.101(c)(2)). At the time the pet bird is

offered for importation at the port of entry, the owner must sign a

home quarantine agreement on VS Form 17-8, stating that: (1) The bird

has been in the owner's possession while outside the United States for

the 90 days prior to the date the bird is offered for importation and

that, during that 90 days, the bird was not in contact with any poultry

or other birds; (2) the bird will be maintained under quarantine in the

owner's personal possession separate and apart from all poultry and

other birds for a minimum of 30 days following importation at the

address where the birds are to held (listed by the owner on the

agreement); (3) the bird will be made available for health inspection

and testing by an inspector upon request until released from quarantine

by the inspector; (4) if the bird must be moved from the address listed

on the agreement, the owner will contact the Federal official listed on

the agreement prior to such movement; and (5) the owner agrees to

immediately notify appropriate Federal officials in the State of

destination if any signs of disease are noted in any bird, or if any

bird dies, during the quarantine period. The bird will not be released

from quarantine until an inspector has determined that the owner has

complied with all the provisions on the agreement.

Although we believe that most owners importing pet birds from

countries other than Canada would choose to quarantine their pet birds

at home, we would not remove the option for quarantine in a USDA-

operated facility. Some owners may choose not to quarantine their pet

birds at home. Also, we would add a stipulation for the importation of

any pet bird, including pet birds of U.S. origin or pet birds from

Canada, that if an inspector at the port of entry determines that any

of the requirements for importation have not been met (for example, the

pet bird has not been in the owner's personal possession for the

required minimum amount of time prior to importation, or the pet bird

is not accompanied by the appropriate health certificate), the

inspector will require that the pet bird be quarantined at a USDA-

operated facility in order to be imported.

User Fees

The regulations in 9 CFR part 130 contain schedules of user fees

for certain services performed by APHIS. Among the services for which

APHIS charges a user fee are veterinary inspection of pet birds at the

port of entry, home quarantine inspection for pet birds, and isolette

fees for pet birds that are quarantined at facilities operated by the

USDA. We are proposing to add a new paragraph (c)(4) to Sec. 92.101 to

reference the user fee schedules in part 130, in order to ensure that

pet bird owners would be aware that they will be charged all applicable

user fees for inspection and quarantine services, as listed in 9 CFR

part 130. We would also amend the regulations in 9 CFR part 130 to

reflect that pet birds imported from any country could now undergo home

quarantine, and should be charged the appropriate user fee for home

quarantine services.

Miscellaneous

The regulations in Sec. 92.101(c)(2)(i) currently require that pet

birds of U.S. origin must have been identified prior to departure from

the United States with a leg band or tattoo bearing a number. The leg

band or tattoo number must be listed on the veterinary health

certificate that accompanies the pet bird. However, microchip implants

are the preferred form of identification for some pet bird owners

because some birds do not adapt well to wearing a leg band (they chew

the band or catch it on objects, potentially injuring themselves), and

because the thin skin of birds makes it difficult to read a tattoo.

Therefore, we are proposing to allow owners of U.S.-origin birds

the option of identifying their pet birds with a microchip implant. We

would revise the regulations in this respect to state that the

veterinary health certificate accompanying the bird must show the leg

band, tattoo, or microchip identification number that was affixed to

the bird prior to the departure of the bird from the United States.

Even though we would allow identification with a microchip, we would

not be able to provide devices necessary to read the microchip at the

port of entry. Currently, there is no microchip reader capable of

reading all microchips produced by different manufacturers.

[[Page 43190]]

Therefore, we would require the owner of a pet bird identified by a

microchip to also provide a reader capable of reading the microchip

identification of the pet bird.

We are proposing to amend Sec. 92.101(c) to require all pet birds

to be presented in a cage at the port of entry by their owners. These

requirements currently appear only in Sec. 92.101(c)(1) for pet birds

imported from Canada. We are also proposing to remove the requirement

in Sec. 92.101(c)(2)(ii)(A) that pet birds of U.S. origin that have

been outside the United States for more than 60 days must be

accompanied by a notarized declaration under oath or affirmation (or a

statement signed by the owner and witnessed by a Department inspector)

stating that the birds have not been in contact with poultry or other

birds while outside the United States. Owners of such birds are already

required to sign a home quarantine agreement on VS Form 17-8. VS Form

17-8 includes a certification that the bird has not been in contact

with any poultry or other birds for at least 90 days prior to

importation, and we believe 90 days would allow adequate time for any

signs of communicable poultry diseases to appear. Therefore, the

notarized declaration appears to be unnecessary.

We are also proposing to make two editorial changes in order to

make the regulations consistent and easier to read. First, the current

regulations in Sec. 92.101(c) refer variably to the importation of pet

birds and to the importation of ``lots'' of pet birds. Because the

importation of pet birds under these regulations is not necessarily in

lots, and often involves a single pet bird, and because the term

``lot'' could be confused to mean commercial lots of birds, we are

proposing to remove the term ``lots of pet birds'' wherever it appears.

The second editorial change would be to revise the description in

Sec. 92.101(c)(2)(ii)(B) of the agreement for home quarantine to make

it consistent with the language that actually appears on VS Form 17-8.

For example, as stated on VS Form 17-8, we would add that, if the birds

must be moved during the quarantine period, the owner agrees to contact

the official listed on the form prior to such movement.

Executive Order 12866 and Regulatory Flexibility Act

This proposed 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 proposal would remove the requirement for veterinary

inspection at the port of entry for all pet birds imported from Canada,

including pet birds of U.S. origin that have been in Canada. We would

also remove the requirement that such birds may only be imported

through a port designated in Sec. 92.102 or Sec. 92.203. For pet birds

of Canadian origin, we would add the requirement that the birds be

accompanied by a veterinary health certificate issued by Agriculture

Canada.

Approximately 300 pet birds of U.S. and Canadian origin are

imported into the United States from Canada each year. Many American

and Canadian citizens routinely travel across the United States-Canada

border with their pet birds. Some have homes on both sides of the

border. Currently, pet birds imported from Canada, whether of U.S. or

Canadian origin, must undergo veterinary inspection at the port of

entry. In order to allow for veterinary inspection, the pet birds may

only be imported through a port designated in Sec. 92.102 or

Sec. 92.203, because these are ports where inspectors qualified to

perform veterinary inspections are available. The result of this

requirement has been that pet bird owners entering the United States

from Canada often travel a considerable distance in order to import

their pet bird through a designated port of entry. This is often

inconvenient and expensive for pet bird owners.

This proposal would allow both Canadian- and U.S.-origin pet birds

imported from Canada to be imported through any port of entry on the

U.S.-Canada border. This could result in a savings for pet bird owners

who would otherwise have had to travel considerable distances to enter

through a designated port of entry. These pet bird owners would also no

longer have to pay the user fee for port of entry veterinary

inspection. Currently, if the pet birds are imported during business

hours, the user fee for veterinary inspection is based on an hourly

rate of $56.00 per hour or $14.00 per quarter hour, with a minimum

charge of $16.50. The average charge for a veterinary inspection is

$16.50. After business hours, the user fee is $65.00 per hour on

weekdays and holidays ($16.25 per quarter-hour) and $74.00 per hour on

Sundays ($18.50 per quarter-hour).

We do not expect that the addition of a veterinary health

certificate requirement for pet birds of Canadian origin would have any

significant economic impact on pet bird owners. Agriculture Canada

charges Can$13.00 (approximately US$9.50) to issue a veterinary health

certificate.

This proposal would also allow pet birds imported from countries

other than Canada to be maintained under home quarantine for 30 days

rather than be quarantined for 30 days at a facility operated by USDA.

Approximately 1,520 pet birds were imported into the United States from

countries other than Canada during FY 1994.

Currently, a user fee of $6.50 per day for one bird is charged to

owners who quarantine their pet birds in a USDA-operated facility,

adding to about $195.00 for a minimum 30-day isolation. If an owner is

importing more than one pet bird and the birds can be kept together in

a single isolette, the daily fee is raised by approximately $1.25 to

$1.50 per bird (for up to five birds). If the birds cannot be kept

together, the owner is charged the full $6.50 per day for each bird

imported. Since the quarantine facility is usually far from the owner's

final destination, the owner must also either return to pick up the

bird personally or pay a broker to deliver the bird after it is

released from quarantine. Costs for broker services, the most common

choice of pet bird owners, run between approximately $50 and $150 plus

shipping costs.

Pet bird owners who choose to maintain their birds under a 30-day

home quarantine as a result of this proposal would be charged a user

fee of $169.75 per bird or group of birds (if the group of birds

entered the United States at the same time and undergoes quarantine at

the same location). This is the same user fee currently charged for pet

birds of U.S. origin that must be maintained under home quarantine

because they were outside of the United States for more than 60 days.

The fee covers veterinary inspection at the port of entry and the cost

of veterinary inspection at the address where the bird is held under

home quarantine. The user fee for home quarantine is $25.25 less than

the fee for quarantine at a USDA-operated facility. The owner would

also save the cost of retrieving the bird personally or paying a broker

to deliver the bird. Also, home quarantine would result in a savings

for pet bird owners who are importing more than one pet bird because

the fee would remain the same as long as the birds are quarantined at

the same location. Pet bird owners would continue under this proposal

to have the option of quarantining their birds at a USDA-operated

facility.

Finally, this proposal would allow microchip implants to be used as

a form of permanent identification for pet birds

[[Page 43191]]

of U.S. origin. The cost of a microchip implant is less than $10. A

microchip reader, which the owner would have to provide, costs

approximately $450 to $1250. However, this rule would not require

owners to identify their pet birds with microchip implants, and we

believe that most pet bird owners would choose the less costly

identification methods currently allowed in the regulations (tattoo or

leg band).

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are inconsistent with this rule

will be preempted; (2) no retroactive effect will be given to this

rule; and (3) administrative proceedings will not be required before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no new information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

Regulatory Reform

This action is part of the President's Regulatory Reform

Initiative, which, among other things, directs agencies to remove

obsolete and unnecessary regulations and to find less burdensome ways

to achieve regulatory goals.

List of Subjects

9 CFR Part 92

Animal diseases, Imports, Livestock, Poultry and poultry products,

Quarantine, Reporting and recordkeeping requirements.

9 CFR Part 130

Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry,

Quarantine, Reporting and recordkeeping requirements, Tests.

Accordingly, 9 CFR parts 92 and 130 would be amended as follows:

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

1. The authority citation for part 92 would continue 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 2.22, 2.80, and 371.2(d).

2. Section 92.101 would be amended as follows:

a. Paragraphs (c)(3)(ii), (c)(3)(iii), (c)(3)(iv), and (c)(3)(v)

would be redesignated as paragraphs (c)(3)(iv)(B)(1), (c)(3)(iv)(B)(2),

(c)(3)(iv)(B)(3), and (c)(3)(iv)(B)(4), respectively.

b. In paragraph (c), a heading and introductory text would be

added, paragraphs (c)(1), (c)(2), (c)(3) introductory text and

(c)(3)(i) would be revised, and new paragraphs (c)(3)(ii), (c)(3)(iii),

(c)(3)(iv) introductory text, (c)(3)(iv) (A), (c)(3)(iv)(B)

introductory text and (c)(4) would be added to read as set forth below.

c. In paragraph (d), the introductory text would be revised to read

as set forth below.

Sec. 92.101 General prohibitions; exceptions.

* * * * *

(c) Importation of pet birds. Any pet bird that does not meet the

requirements in paragraph (c)(1), (c)(2), or (c)(3) may only be

imported after quarantine at a USDA-operated quarantine facility, in

accordance with paragraph (c)(3)(iv)(B).

(1) Pet birds from Canada. Any pet bird that is not known to be

affected with or exposed to any communicable disease of poultry may be

imported from Canada in accordance with the following requirements:

(i) The bird must be presented at the port of entry by its owner

and in a cage;

(ii) The bird must be accompanied by a veterinary health

certificate issued by a veterinarian employed full-time by Agriculture

Canada. The certificate must state that, upon inspection by the

veterinarian, the bird was found free of any signs of communicable

diseases of poultry. The veterinary inspection must have been conducted

within 30 days preceding the date of importation; and

(iii) At the time the bird is offered for importation at the port

of entry, the owner must sign a document stating that the bird has been

in the owner's possession for the 90 days preceding the date of

importation and that, during that 90 days, the bird has not been in

contact with any poultry or other birds (for example, association with

other avian species at exhibitions or in aviaries).

(2) Pet birds that originated in the United States. (i) Not outside

the United States for more than 60 days. Any pet bird that originated

in the United States, and that has not been outside the United States

for more than 60 days, and that is not known to be affected with or

exposed to any communicable disease of poultry may be imported in

accordance with the following requirements:

(A) The bird must be presented in a cage at the port of entry by

its owner;

(B) The bird must be accompanied by a United States veterinary

health certificate issued prior to the departure of the bird from the

United States. The certificate must show the leg band, tattoo, or

microchip permanent identification number that was affixed to the bird

prior to the departure of the bird from the United States. If the bird

is identified by a microchip, the owner must provide a reader capable

of reading the microchip identification of the pet bird; and

(C) At the time the bird is offered for importation at the port of

entry, the owner must sign a document stating that the bird has been in

the owner's possession during the entire time it was outside the United

States and that, during that time, the bird was not in contact with any

poultry or other birds (for example, association with other avian

species at exhibitions or in aviaries).

(D) Except for pet birds of U.S. origin that have been outside the

United States only in Canada, the bird may be imported only through a

port designated in Sec. 92.102 or Sec. 92.203. An inspector at the port

of entry will perform a veterinary inspection and must determine that

the bird is free of any signs of communicable diseases of poultry, and

that the leg band, tattoo, or microchip number is the same as the

identification number found on the veterinary health certificate,

before the bird may be imported.

(ii) Outside the United States for more than 60 days. Any pet bird

that originated in the United States and that has been outside the

United States for more than 60 days, and that is not known to be

affected with or exposed to any communicable diseases of poultry, may

be imported in accordance with the following requirements:

(A) The bird must meet all the requirements of paragraphs

(c)(2)(i)(A), (c)(2)(i)(B), and (c)(2)(i)(D); and

(B) Except for pet birds of U.S. origin that have been outside the

United States only in Canada, at the time the bird is offered for

importation at the port of

[[Page 43192]]

entry, the owner must sign a home quarantine agreement on VS Form 17-8.

The bird will not be released from quarantine until an inspector has

determined that the owner has complied with all the provisions on the

agreement. Under the agreement:

(1) The owner certifies that the bird has been in the owner's

possession while outside the United States for the 90 days prior to the

date the bird is offered for importation and that, during that 90 days,

the bird was not in contact with any poultry or other birds;

(2) The owner agrees that the bird will be maintained under

quarantine in the owner's personal possession separate and apart from

all poultry and other birds for a minimum of 30 days following

importation at the address where the birds are to be held (listed by

the owner on the agreement), and that the bird will be made available

for health inspection and testing by an inspector upon request until

released from quarantine by the inspector. The owner also agrees that,

if the bird must be moved from the address listed on the agreement, the

owner will contact the Federal official listed on the agreement prior

to such movement; and

(3) The owner agrees to immediately notify appropriate Federal

officials in the State of destination if any signs of disease are noted

in any bird, or if any bird dies, during the quarantine period.

(iii) Pet birds of United States origin that do not meet the

requirements of paragraph (c)(2) of this section may be imported in

accordance with the requirements of paragraph (c)(3) of this section.

(3) Pet birds from countries other than Canada that did not

originate in the United States. Any pet bird may be imported from any

country other than Canada in accordance with the following

requirements:

(i) The bird may be imported only through a port designated in

Sec. 92.102 or Sec. 92.203; except, if the bird is to be quarantined at

a USDA-operated facility, the bird may be imported only through a port

designated in Sec. 92.102(a). An inspector at the port of entry will

perform a veterinary inspection and must determine that the bird is

free of any signs of communicable diseases of poultry before the bird

will be released for entry into the United States;

(ii) The bird must be presented at the port of entry by its owner

and in a cage;

(iii) The bird must be accompanied by a veterinary health

certificate issued by a national government veterinary officer of the

country of export stating that he or she personally inspected the bird

or birds listed on the health certificate and found them to be free of

any signs of exotic Newcastle disease, ornithosis, or any other

communicable diseases of poultry, and that the birds were being

exported in compliance with the laws and regulations of the country of

export. For pet birds from Mexico, the veterinary health certificate

may be issued by a veterinarian accredited by the National Government

of Mexico and endorsed by a full-time salaried veterinary officer of

the National Government of Mexico, thereby representing that the

veterinarian issuing the certificate was authorized to do so.

Veterinary health certificates written in a foreign language must be

translated into English, at the expense of the importer; and

(iv) The bird must be quarantined for a minimum of 30 days

following the date of importation. The owner of the bird may choose to

make advance reservations at a USDA-operated quarantine facility or may

agree to maintain the bird under home quarantine, as described, in

paragraph (c)(3)(iv)(A), unless an inspector at the port of entry

determines that the bird must be quarantined at a USDA-operated

quarantine facility because any of the requirements in paragraph (c)(3)

are not met.

(A) Home quarantine. For any pet bird that is to be maintained

under home quarantine, the owner must sign an agreement on VS Form 17-

8. The bird will not be released from quarantine until an inspector has

determined that the owner has complied with all the provisions on the

agreement. Under the agreement:

(1) The owner certifies that the bird has been in the owner's

possession for the 90 days prior to the date the bird is offered for

importation and that, during that 90 days, the bird was not in contact

with any poultry or other birds;

(2) The owner agrees that the bird will be maintained under

quarantine in the owner's personal possession separate and apart from

all poultry and other birds for a minimum of 30 days following

importation at the address where the bird is to be held (listed by the

owner on the agreement), and that the bird will be made available for

health inspection and testing by an inspector upon request until

released from quarantine by the inspector. The owner must also agree

that, if the bird must be moved from the address listed on the

agreement, the owner will contact the Federal official listed on the

agreement prior to such movement; and

(3) The owner agrees to immediately notify appropriate Federal

officials in the State of destination if any signs of disease are noted

in any bird, or if any bird dies, during the quarantine period.

(B) USDA-operated facility quarantine. For any bird that is to be

quarantined at a USDA-operated facility:

* * * * *

(4) User fees. Owners of pet birds imported in accordance with

paragraph (c)(1), (c)(2), or (c)(3) will be charged all applicable user

fees for inspection and quarantine services, as listed in part 130 of

this chapter.

(d) Birds transiting the United States en route to another country.

The provisions in this subpart relating to birds shall not apply to

healthy birds, except ratites, that are transiting the United States en

route to another country, and that are not known to be affected with or

exposed, within the 90 days preceding the date of export from the

country of origin, to communicable diseases of poultry, if an import

permit 4 has been obtained under Sec. 92.103 of this chapter and

all conditions therein are observed; and if such birds are handled as

follows:

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\4\ Such permit may be obtained from the Animal and Plant

Health Inspection Service, Veterinary Services, Operational Support,

4700 River Road Unit 33, Riverdale, Maryland 20737-1231. Requests

for approval of such facilities should also be made to the Deputy

Administrator.

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* * * * *

PART 130--USER FEES

3. The authority citation for part 130 would continue to read as

follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105,

111, 114, 114a, 134a, 134b, 134c, 134d, 134f, 135, 136, and 136a; 7

CFR 2.22, 2.80, and 371.2(d).

4. In Sec. 130.8, paragraph (a), the table would be amended by

revising the entry for ``Pet birds'' to read as follows:

Sec. 130.8 User fees for other services.

(a) * * *

------------------------------------------------------------------------

User

fee

Service (per

lot)

------------------------------------------------------------------------

* * * * *

Pet birds imported into the United States from any country

except Canada that are:

Subject to port of entry veterinary inspection and home

quarantine inspection..................................... 169.75

Subject only to port of entry veterinary inspection........ 71.25

* * * * *

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[[Page 43193]]

Done in Washington, DC, this 14th day of August 1996.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-21208 Filed 8-20-96; 8:45 am]

BILLING CODE 3410-34-P