Zoological Park Quarantine of Ruminants and Swine Imported From Countries Where Foot-and-Mouth Disease or Rinderpest Exists

Federal RegisterOct 31, 1996

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service, USDA

9 CFR Part 92

[Docket No. 94-136-1]

Zoological Park Quarantine of Ruminants and Swine Imported From

Countries Where Foot-and-Mouth Disease or Rinderpest Exists

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations concerning ruminants

and swine that are imported from a country where foot-and-mouth disease

or rinderpest exists into a zoological park in the United States. These

animals are maintained in the zoological park under conditions to

prevent the spread of animal diseases. We propose to establish

conditions under which such animals may be moved from one zoological

park in the United States to another. This change would benefit zoo

programs that move animals for breeding and other purposes, and would

facilitate the movement of animals for endangered species breeding

programs, while continuing to protect against the introduction of

dangerous animal diseases into the United States.

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

before December 30, 1996.

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

Docket No. 94-136-1, 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. 94-136-1. 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. Joyce Bowling, Senior Staff

Veterinarian, Import-Export Animals Staff, VS, APHIS, 4700 River Road

Unit 40, Riverdale, MD 20737-1228, (301) 734-8688.

SUPPLEMENTARY INFORMATION:

Background

The Animal and Plant Health Inspection Service (APHIS) animal

importation regulations (contained in 9 CFR part 92 and referred to

below as the regulations) prohibit or restrict the importation of

certain animals into the United States to prevent the introduction of

communicable diseases of livestock. Among other requirements, the

regulations restrict the importation of ruminants and swine to prevent

the introduction and spread of foot-and-mouth disease (FMD) and

rinderpest.

For many years some animals imported in accordance with these

regulations have been admitted under the condition that they be placed

in postentry quarantine in zoological parks (zoos) that have been

approved by APHIS to receive such animals. We refer to such approved

zoos as PEQ Zoos, because they are approved to hold imported animals in

postentry quarantine (PEQ). At these zoos, the imported animals are

maintained in facilities that prevent access to them by the public and

by domestic animals, and that include requirements for waste disposal

and other matters that prevent the dissemination of any diseases the

animals might carry.

Section 92.404(c) concerns the importation, into a PEQ Zoo where

they will be maintained under postentry quarantine, of wild ruminants

from countries where foot-and-mouth disease or rinderpest exists.

Section 92.504(c) concerns the importation, into a PEQ Zoo where

they will be maintained under postentry quarantine, of wild swine from

countries where foot-and-mouth disease or rinderpest exists.

The regulations allow APHIS to approve a zoo as a PEQ Zoo if the

following conditions, among others, are met. The operator of the zoo

receiving the imported animals must enter into a written agreement with

APHIS for the maintenance and handling of the animals in a manner

specified in the agreement and the regulations to prevent the

introduction and dissemination of communicable disease. Among other

things, the regulations require that the zoo must include satisfactory

pens, cages, or enclosures in which the animals can be maintained so as

not to be in contact with the general public and free from contact with

domestic livestock; natural or established drainage from the zoological

park which will void contamination of land areas where domestic

livestock are kept or with which domestic livestock may otherwise come

in contact; provision for the disposition of manure, other wastes, and

dead animals within the zoo; and other reasonable facilities considered

necessary to prevent the dissemination of diseases from the zoo. The

regulations also require the operator of the zoo to have available the

services of a full-time or part-time veterinarian, or a veterinarian on

a retainer basis, to make periodic examinations of all animals

maintained at the zoo for evidence of disease. This veterinarian must

make a post-mortem examination of each animal that dies and report

suspected cases of contagious or communicable diseases to appropriate

state or federal livestock sanitary officials.

We do not propose to change any of the requirements for obtaining

permits to import wild ruminants or wild swine, and we do not propose

to change the requirements for the PEQ zoos to which these animals are

consigned after their importation.

However, the agreement between zoo operators and APHIS which is

currently required by 92.404(c)(3) and 92.504(c)(3) states that wild

ruminants and wild swine imported and consigned to postentry quarantine

in a PEQ Zoo will not be sold, exchanged or removed from the premises

of the zoo without the prior consent of APHIS. In this document, we

propose to specify the circumstances under which APHIS will consent to

the movement of imported wild ruminants and swine from a PEQ Zoo to a

non-PEQ zoo within the United States. Many zoos wish to be able to move

such animals, especially to participate in breeding programs (including

breeding programs for endangered species of ruminants and swine).

We are proposing that wild ruminants or wild swine may be moved to

a non-PEQ zoo after they have spent at least one year in postentry

quarantine in the PEQ Zoo to which the animal(s) were consigned after

importation. We propose this condition because the one year requirement

allows time for the symptoms of many communicable animal diseases to

manifest, and be detected by the zoo veterinarian required to make

periodic examinations of the imported animals. Any imported wild

ruminants or swine at a PEQ Zoo that are diagnosed with communicable

diseases during this year would not be allowed to move to other zoos,

thereby

[[Page 56166]]

reducing the risk of infecting other animals.1

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\1\ This proposed rule only addresses movement of imported wild

ruminants and wild swine. Other animals at zoos that are diagnosed

with communicable diseases are subject to various movement

restrictions by State animal health agencies. In addition, APHIS

would investigate and take action if necessary if a zoo has an

outbreak of a disease for which we have regulations in 9 CFR Chapter

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We are also proposing that wild ruminants or wild swine may be

moved from a PEQ Zoo only to a zoo accredited by the American Zoo and

Aquarium Association (the AZA), or to a zoo that the Administrator of

APHIS determines to have procedures in place that are equivalent to

certain requirements for AZA accreditation that address preventing the

spread of communicable diseases.

The American Zoo and Aquarium Association maintains an

accreditation program to document that their member zoos meet high

professional standards in their facilities and operations. The

requirements for AZA accreditation include specific standards relevant

to preventing the spread of communicable diseases between animals, such

as standards for tracking identity and movement of animals, diagnosis

of disease in zoo animals, and regular veterinary care. These AZA

standards achieve some of the same purposes as the requirements APHIS

currently imposes on PEQ Zoos receiving imported wild ruminants or wild

swine. Importantly for APHIS program purposes, the AZA standards create

records that would allow APHIS to analyze the medical history of

imported animals, trace their movements in zoo locations, and identify

other animals exposed to the imported animals.

Specifically, the standards for AZA accreditation require that a

veterinarian be available to regularly inspect the animals and diagnose

and document any signs of communicable disease. AZA standards also

require that all animals must be inventoried, identified, and their

acquisition and disposition dates and locations recorded. The AZA

standards require that guardrails or barriers must keep the visiting

public from contact with animals (except for handleable animals in

facilities such as petting zoos). The AZA standards also require that

there must be separate perimeter fencing in addition to exhibit

fencing, and that deceased animals must be necropsied whenever possible

to determine the cause of death.

These and other requirements for accreditation of a zoo by the AZA

are recorded in official AZA publications, 2 and establish an

effective program to prevent the spread of communicable disease in

accredited zoos. The AZA requirements are quite similar to the

standards APHIS established in Secs. 92.404(c)(2) and 92.504(c)(2) for

zoos receiving imported ruminants and swine directly from countries

where FMD or rinderpest exist. Both APHIS and AZA standards address

matters such as maintaining secure facilities for the animals, ensuring

adequate veterinary care to diagnose communicable diseases, preventing

public contact with the animals, and determining whether animal deaths

were caused by communicable disease.

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\2\ BYLAWS OF THE AMERICAN ZOO AND AQUARIUM ASSOCIATION and

ACCREDITATION OF ZOOS AND AQUARIUMS: A PROGRAM OF THE AZA are both

available upon request to the person identified in the ``For Further

Information Contact:'' section of this document.

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Therefore, we propose to allow movement of imported wild ruminants

and wild swine to AZA accredited zoos after they have spent at least

one year in the PEQ Zoo to which they were first consigned after

importation, if such animals have not been diagnosed with communicable

diseases during that 1-year period.

There are some zoos in the United States that are not accredited by

the AZA, but that nonetheless have programs to prevent the spread of

communicable animal disease that are as effective as the programs at

AZA-accredited zoos. A zoo might not seek AZA accreditation because it

has a small and relatively static animal collection; or because of the

cost of the fees and dues associated with accreditation; or because it

is a new zoo that has not yet had time to achieve accreditation. We

propose that such zoos may be considered on a case-by-case basis if

they wish to acquire imported wild ruminants or wild swine from other

zoos. If the Administrator of APHIS determines that the zoo has

facilities and procedures (e.g., for animal identification, record

keeping, and veterinary care) in place related to preventing the spread

of communicable animal diseases that are equivalent to those required

for AZA accreditation, the Administrator would permit the zoo to

acquire imported wild ruminants or wild swine from PEQ Zoos under the

same requirements as AZA accredited zoos will be permitted to do.

Miscellaneous

We also propose to shorten and simplify some of the language in

Sec. 92.404 and Sec. 92.504, and to add the term ``PEQ Zoo'' to

distinguish zoos approved to receive animals directly after import (PEQ

Zoos) from other zoos that may receive animals only after they have

spent at least one year in a PEQ zoo.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

For this action, the Office of Management and Budget has waived its

review process required by Executive Order 12866.

This proposed rule would allow increased movement of certain

imported ruminants and swine from one zoo to another in the United

States. It would not increase the number of such animals that are

imported. It would not have any appreciable impact on commerce, and

would primarily benefit a small number of zoos that wish to acquire

animals from other zoos or trade their own animals to other zoos.

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.). The existing information collection and

recordkeeping requirements in Secs. 92.404 and 92.504 were previously

approved by the Office of Management and Budget (OMB) under OMB control

number 0579-0040, and we propose to add that control number at the end

of these sections.

List of Subjects in 9 CFR Part 92

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

Quarantine, Reporting and recordkeeping requirements.

Accordingly, 9 CFR part 92 would be amended as follows:

[[Page 56167]]

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. Sec. 92.404, paragraph(c) would be revised to read as follows:

Sec. 92.404 Import permits for ruminants and for ruminant specimens

for diagnostic purposes; and reservation fees for space at quarantine

facilities maintained by APHIS.

* * * * *

rinderpest exists. This paragraph applies to the importation of wild

ruminants, such as, but not limited to, giraffes, deer and antelopes,

from countries designated in part 94 of this subchapter as countries in

which foot-and-mouth disease or rinderpest exist.

(1) Permits for the importation of wild ruminants will be issued

only for importations through the Port of New York, and only if the

animals are imported for exhibition in a PEQ Zoo. A PEQ Zoo is a

zoological park or other place maintained for the exhibition of live

animals for recreational or educational purposes that:

(i) Has been approved by the Administrator in accordance with

paragraph (c)(2) of this section to receive and maintain imported wild

ruminants; and

(ii) Has entered into the agreement with APHIS set forth in

paragraph (c)(4) of this section for the maintenance and handling of

imported wild ruminants.

(2) Approval of a PEQ Zoo shall be on the basis of an inspection,

by an authorized representative of the Department, of the physical

facilities of the establishment and its methods of operation. Standards

for acceptable physical facilities shall include satisfactory pens,

cages, or enclosures in which the imported ruminants can be maintained

so as not to be in contact with the general public and free from

contact with domestic livestock; natural or established drainage from

the PEQ Zoo which will void contamination of land areas where domestic

livestock are kept or with which domestic livestock may otherwise come

in contact; provision for the disposition of manure, other wastes, and

dead ruminants within the PEQ Zoo; and other reasonable facilities

considered necessary to prevent the dissemination of diseases from the

PEQ Zoo. The operator of the PEQ Zoo shall have available the services

of a full-time or part-time veterinarian, or a veterinarian on a

retainer basis, who shall make periodic examinations of all animals

maintained at the PEQ Zoo for evidence of disease; who shall make a

post-mortem examination of each animal that dies; and who shall make a

prompt report of suspected cases of contagious or communicable diseases

to an APHIS representative or the State agency responsible for

livestock disease control programs.

(3) Manure and other animal wastes must be disposed of within the

PEQ Zoo park for a minimum of one year following the date an imported

wild ruminant enters the zoo. If an APHIS veterinarian determines that

an imported ruminant shows no signs of any communicable disease or

exposure to any such disease during this 1-year period, its manure and

other wastes need not be disposed of within the zoo after the 1-year

period. If, however, an APHIS veterinarian determines that an imported

ruminant does show signs of any communicable disease during this 1-year

period, an APHIS veterinarian will investigate the disease and

determine whether the ruminant's manure and other wastes may safely be

disposed of outside the zoo after the 1-year period has ended.

(4) Prior to the issuance of an import permit under this section,

the operator of the approved PEQ Zoo to which the imported ruminants

are to be consigned, and the importer of the ruminants, if such

operator and importer are different parties, shall execute an agreement

covering each ruminant or group of ruminants for which the import

permit is requested. The agreement shall be in the following form:

Agreement for the Importation, Quarantine and Exhibition of Certain

Wild Ruminants and Wild Swine

____________________, operator(s) of the zoological park known

as ____________________ (Name) located at ____________________ (City

and state), and ____________________ (Importer) hereby request a

permit for the importation of ____________________ (Number and kinds

of animals) for exhibition purposes at the said zoological park,

said animals originating in a country where foot-and-mouth disease

or rinderpest exists and being subject to restrictions under

regulations contained in part 92, title 9, Code of Federal

Regulations.

In making this request, it is understood and agreed that:

1. The animals for which an import permit is requested will be

held in isolation at a port of embarkation in the country of origin,

approved by the Administrator as a port having facilities which are

adequate for maintaining wild animals in isolation from all other

animals and having veterinary supervision by officials of the

country of origin of the animals. Such animals will be held in such

isolation for not less than 60 days under the supervision of the

veterinary service of that country to determine whether the animals

show any clinical evidence of foot-and-mouth disease, rinderpest, or

other communicable disease and to assure that the animals will not

have been exposed to such a disease within the 60 days next before

their exportation from that country.

2. Shipment will be made direct from such port of embarkation to

the port of New York as the sole port of entry in this country. If

shipment is made by ocean vessel the animals will not be unloaded in

any foreign port en route. If shipment is made by air, the animals

will not be unloaded at any port or other place of landing, except

at a port approved by the Administrator as a port not located in a

country where rinderpest or foot-and-mouth disease exists or as a

port in such a country having facilities and inspection adequate for

maintaining wild animals in isolation from all other animals.

3. No ruminants or swine will be aboard the transporting

vehicle, vessel or aircraft, except those for which an import permit

has been issued.

4. The animals will be quarantined for not less than 30 days in

the Department's Animal Import Center in Newburgh, New York.

5. Upon release from quarantine the animals will be delivered to

the zoological park named in this agreement to become the property

of the park and they will not be sold, exchanged or removed from the

premises without the prior consent of APHIS. If moved to another

zoological park in the United States, the receiving zoological park

must be approved by the Administrator in accordance with paragraph 6

of this agreement.

6. The Administrator will approve the movement of an imported

animal subject to this agreement if the Administrator determines

that the animal has spent at least one year in quarantine in a PEQ

Zoo following importation without showing clinical evidence of foot-

and-foot mouth disease, rinderpest, or other communicable disease,

and determines that the receiving zoological park is accredited by

the American Zoo and Aquarium Association (AZA), or the receiving

zoological park has facilities and procedures in place related to

preventing the spread of communicable animal diseases (including but

not limited to procedures for animal identification, record keeping,

and veterinary care) that are equivalent to those required for AZA

accreditation.

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(Signature of importer)

Subscribed and sworn to before me this __________ day of

__________, __________.

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(Title or designation)

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(Name of zoological park)

By---------------------------------------------------------------------

(Signature of officer of zoological park)

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[[Page 56168]]

(Title of officer)

Subscribed and sworn to before me this ____________ day of

____________, ____________.

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(Title or designation)

(Approved by the Office of Management and Budget under control

number 0579-0040.)

3. Sec. 92.504, paragraph (c) would be revised to read as follows:

Sec. 92.504 Import permits for swine and for swine specimens for

diagnostic purposes; and reservation fees for space at quarantine

facilities maintained by APHIS.

* * * * *

rinderpest exists. This paragraph applies to the importation of wild

swine from countries designated in part 94 of this subchapter as

countries in which foot-and-mouth disease or rinderpest exist.

(1) Permits for the importation of wild swine will be issued only

for importations through the Port of New York, and only if the animals

are imported for exhibition in a PEQ Zoo. A PEQ Zoo is a zoological

park or other place maintained for the exhibition of live animals for

recreational or educational purposes that:

(i) Has been approved by the Administrator in accordance with

paragraph (c)(2) of this section to receive and maintain imported wild

swine; and

(ii) Has entered into the agreement with APHIS set forth in

paragraph (c)(4) of this section for the maintenance and handling of

imported wild swine.

(2) Approval of a PEQ Zoo shall be on the basis of an inspection,

by an authorized representative of the Department, of the physical

facilities of the establishment and its methods of operation. Standards

for acceptable physical facilities shall include satisfactory pens,

cages, or enclosures in which the imported swine can be maintained so

as not to be in contact with the general public and free from contact

with domestic livestock; natural or established drainage from the PEQ

Zoo which will void contamination of land areas where domestic

livestock are kept or with which domestic livestock may otherwise come

in contact; provision for the disposition of manure, other wastes, and

dead swine within the PEQ Zoo; and other reasonable facilities

considered necessary to prevent the dissemination of diseases from the

PEQ Zoo. The operator of the PEQ Zoo shall have available the services

of a full-time or part-time veterinarian, or a veterinarian on a

retainer basis, who shall make periodic examinations of all animals

maintained at the PEQ Zoo for evidence of disease; who shall make a

post-mortem examination of each animal that dies; and who shall make a

prompt report of suspected cases of contagious or communicable diseases

to appropriate state or federal livestock sanitary officials.

(3) Manure and other animal wastes must be disposed of within the

PEQ Zoo park for a minimum of one year following the date an imported

wild swine enters the zoo. If an APHIS veterinarian determines that an

imported swine shows no signs of any communicable disease during this

1-year period, its manure and other wastes need not be disposed of

within the zoo after the 1-year period. If, however, an APHIS

veterinarian determines that the swine does show signs of any

communicable disease during this 1-year period, an APHIS veterinarian

will investigate the disease and determine whether the swine's manure

and other wastes may safely be disposed of outside the zoo after the 1-

year period has ended.

(4) Prior to the issuance of an import permit under this section,

the operator of the approved PEQ Zoo to which the imported swine are to

be consigned, and the importer of the swine, if such operator and

importer are different parties, shall execute an agreement covering

each swine or group of swine for which the import permit is requested.

The agreement shall be in the following form: