The Importation of Ratites and Hatching Eggs of Ratites

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 92

[Docket No. 95-044-2]

The Importation of Ratites and Hatching Eggs of Ratites

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the animal import regulations to relieve

certain restrictions on the importation of ratites and hatching eggs of

ratites into the United States from Canada. We believe that these

actions can be taken without increasing the risk of introducing poultry

or livestock diseases into the United States. Additionally, we are

allowing adult ostriches from any country to be imported, in accordance

with the regulations, through the New York Animal Import Center, based

on space availability. Currently, with certain exceptions, ostriches

may not be imported into the United States if they exceed either 36

inches in height or 30 pounds in weight. We are making this change

after determining that the New York Animal Import Center has the

facilities and trained personnel to handle adult ostriches. We believe

that these amendments will facilitate the importation into the United

States of ratites and hatching eggs of ratites while ensuring the

continued protection of the health of livestock and poultry in the

United States.

EFFECTIVE DATE: January 27, 1997.

FOR FURTHER INFORMATION CONTACT: Dr. Keith Hand, Senior Staff

Veterinarian, Import/Export Animals, National Center for Import and

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'') govern the importation into the United States of certain

animals and birds, including ostriches and other flightless birds known

as ratites, and their hatching eggs, to prevent the introduction of

communicable diseases of livestock and poultry.

Section 92.101 of the regulations, among other things, imposes

general restrictions on the importation of ratites and hatching eggs of

ratites. Paragraph (b)(3)(i) of Sec. 92.101 requires that all ratites,

except ratites imported as zoological birds, and all hatching eggs of

ratites entering the United States must originate from certified pen-

raised flocks and must be identified. Ratites must be identified by

means of a microchip implant, hatching eggs of ratites by marking on

the shell. Paragraph (b)(3)(i) also requires certain recordkeeping,

reporting, and inspections related to the flock and premises of origin.

Paragraph (b)(3)(ii) of Sec. 92.101 prohibits, with certain exceptions,

the importation of ostriches more than 36 inches in height or 30 pounds

in weight at the time of arrival in the United States.

Section 92.103 of the regulations, among other things, requires

that an importer submit a completed import permit application to import

ratites or hatching eggs of ratites into the United States. The import

permit application provides, among other things, information on the

name and location of the quarantine facility in the United States that

will maintain the ratites or hatching eggs of ratites during the

mandatory quarantine period.

Section 92.104 of the regulations, among other things, requires

that ratites and their hatching eggs offered for importation from any

part of the world be accompanied by a certificate 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 certificate must state, among other things, that ratites

and their hatching eggs offered for importation have been inspected and

found free of evidence of communicable diseases and are identified in

accordance with the provisions in Sec. 92.101.

Section 92.105 of the regulations, among other things, specifies

requirements for the inspection of ratites and hatching eggs of ratites

at the port of entry in the United States. Paragraph (a) of

Sec. 92.105, among other things, allows hatching eggs of ratites to be

offered for importation into the United States at any international

airport, or any land-border port within 20 miles of an international

airport, serviced by Customs. In addition, hatching eggs of ratites may

be shipped, in bond, from the port of first arrival to the Customs port

of entry where the eggs will be inspected and quarantined. Paragraph

(c) of Sec. 92.105 provides that ratites, other than hatching eggs of

ratites, imported from any part of the world must be inspected by a

veterinary inspector of the Animal and Plant Health Inspection Service

(APHIS) at a listed port of entry. The ports of entry listed for

ostriches are New York, NY; Stewart Airport, Newburgh, NY; and Miami,

FL. The ports of entry listed for ratites other than ostriches are New

York, NY; Stewart Airport, Newburgh, NY; Miami, FL; and Honolulu, HI.

Section 92.106 of the regulations, among other things, imposes

quarantine requirements on ratites and hatching eggs of ratites.

Paragraph (b)(1) of Sec. 92.106, among other things, requires ratites

imported from any part of the world to be quarantined upon arrival for

a minimum of 30 days to determine the ratites' freedom from

ectoparasites and communicable diseases. Paragraph (b)(3) of

Sec. 92.106 requires that ratites be treated for ectoparasites during

the quarantine by an inspector until the inspector determines that the

ratites are free of ectoparasites. Paragraph (b)(2) of Sec. 92.106,

among other things, requires hatching eggs of ratites imported from any

part of the world to be quarantined upon arrival, incubated for

approximately 42 days, and held in quarantine for a minimum of 30 days

following the hatch of the last chick in the lot, to determine the

ratites' freedom from communicable diseases. Additionally, the ratites

and hatching eggs of ratites must be tested for and found free of viral

diseases of poultry, including exotic Newcastle disease.

On June 3, 1996, we published in the Federal Register (61 FR 27797-

27802, Docket No. 95-044-1) a proposal to amend the regulations by

exempting certain ratites and hatching eggs of ratites from Canada from

quarantine requirements upon arrival in the United States; exempting

ratites imported from Canada for consignment directly to slaughter in

the United States from the requirement in Sec. 92.104(c)(8) that the

ratites be treated for ectoparasites within 3 to 14 days before they

are exported from Canada; exempting Canadian ratite flocks from the

pen-raised requirement and the identification and recordkeeping

requirements in Sec. 92.101(b)(3); allowing ratites from Canada that

are exempt from quarantine upon arrival to be offered for importation

at a number of ports, in addition to the ports listed in

Sec. 92.105(c); exempting ratites and hatching eggs of ratites from

Canada from the import permit requirements found in Sec. 92.103 if the

ratites and hatching eggs qualify for exemption from quarantine upon

arrival in the United States and enter the United States at a Canadian

land border port, as listed in Sec. 92.203(b); and allowing ostriches

greater than 36 inches in height or 30 pounds in weight to be imported

into the United States from any country through the port of New

[[Page 68124]]

York, NY, or through Stewart Airport, Newburgh, NY, and be quarantined

at the New York Animal Import Center (NYAIC), based on space

availability.

We solicited comments concerning our proposal for 60 days ending

August 2, 1996. We received two comments, one from a government agency

and the other from a representative of industry, by that date. The

concerns of these commenters are discussed below by topic.

Ports of Entry

One commenter explained that under the regulations of the U.S. Fish

and Wildlife Service, Department of the Interior, wildlife may only be

imported into the United States through certain ports. Because the U.S.

Fish and Wildlife Service includes ratites in their definition of

wildlife, ratites may therefore only be imported into the United States

through these specific ports. The commenter explained that certain

ports that we proposed as additional ports for the entry of Canadian

ratites and hatching eggs of ratites conflict with the ports listed as

eligible ports for wildlife in the U.S. Fish and Wildlife Service

regulations. Specifically, conflicts arise because the U.S. Fish and

Wildlife Service limits the importation of species protected under the

Convention on International Trade in Endangered Species, the Endangered

Species Act, or other Federal wildlife laws requiring permits to

certain ports and because the U.S. Fish and Wildlife Service does not

allow the importation of wildlife through several of the ports that we

had proposed as additional ports for the importation of Canadian

ratites and hatching eggs of ratites.

In response to this comment, we are removing the ports of

Jacksonville, FL; Port Canaveral, FL; St. Petersburg-Clearwater, FL;

Portland, ME; Great Falls, MT; Opheim, MT; Alexandria Bay, NY;

Galveston, TX; Lyndon, WA; Oroville, WA; Spokane, WA; and Tacoma, WA,

from the list of ports through which Canadian ratites and their

hatching eggs may enter the United States. We are also adding to the

regulations a statement, which currently appears on the import permit

issued by APHIS for ratites and their hatching eggs, that Canadian

ratites and their hatching eggs intended for importation into the

United States must meet all applicable requirements of the United

States Fish and Wildlife Service contained in Title 50, subchapter B,

of the Code of Federal Regulations.

Ratite References

One commenter suggested that throughout the proposal, we

consistently use the general term ``ratites,'' rather than specify

members of the ratite family such as ``ostriches.'' Alternatively, the

commenter requested that where specific members of the ratite family

are named, then each member, such as ``emus,'' ``rheas,'' and

``kiwis,'' should also be listed.

Where appropriate, we used the general reference ``ratite'' in the

proposal. The term ``ratites'' is defined in the regulations as

``cassowaries, emus, kiwis, ostriches, and rheas.'' When we used the

specific term ``ostrich,'' as in the proposal to allow ostriches

greater than 36 inches in height or 30 pounds in weight to be imported

into the United States from any country through the port of New York,

NY, or through Stewart Airport, Newburgh, NY, and be quarantined at the

New York Animal Import Center, based on space availability, we intended

to specify ostriches only. Therefore, we are making no changes to the

rule based on this comment.

Ratite Meat and Byproducts

One commenter asked that we also relieve restrictions on ratite

meat and ratite byproducts, such as ratite hides and all ratite eggs,

from Canada.

Currently, the regulations in 9 CFR 94.6 restrict the entry of

carcasses, or parts or products of carcasses, and eggs (other than

hatching eggs) of poultry, game birds, or other birds from countries

where exotic Newcastle disease (END) or S. enteritidis, phage type 4,

is considered to exist. Canada is considered free of both END and S.

enteritidis, phage type 4; therefore, the importation of ratite

carcasses, or parts or products of ratite carcasses, and ratite eggs

(other than hatching eggs) from Canada are not restricted under APHIS

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 with the changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. This 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.

This rule relieves some restrictions on the importation into the

United States of ratites and hatching eggs of ratites from Canada and

on the importation into the United States of adult ostriches. We

anticipate that this rule will affect only the ostrich industry because

very few ratites other than ostriches have been imported into the

United States since first being allowed in 1986.

Ostrich production in the United States has been growing rapidly

over the last few years. According to a recent estimate, there are

approximately 6,000 to 7,000 ostrich owners and more than 70,000

breeding ostriches in the United States. Each farm owns an average of 8

to 10 adult ostriches, but each farm's holdings can range anywhere from

2 to 200 adult ostriches. All of these farms are considered small

entities by Small Business Administration standards (annual gross

receipts of less than $500,000). The American Ostrich Association

reports its membership at 3,650 as of September 1995.

Over the last 2 to 3 years, the supply of ostriches in the United

States has steadily increased, which has greatly reduced domestic

prices. For example, in 1992, market prices for ostriches of different

ages ranged as follows: 3-month-old chicks sold for approximately

$6,000 a pair; 6-month-old chicks sold for $8,000 to $15,000 a pair;

yearlings sold for $12,000 to $25,000 a pair; 2-year-olds sold for

$25,000 to $40,000 a pair; and adults (breeding pairs) sold for $40,000

up to $100,000 a pair, depending upon proven breeding capabilities.

Recent market prices for ostriches of different ages show a dramatic

decrease from the market prices of 1992; estimates of 1995 market

prices for ostriches of different ages are as follows: 3-month-old

chicks sell for approximately $1,300 a pair; 6-month-old chicks sell

for approximately $2,150 a pair; yearlings sell for approximately

$4,300 a pair; 2-year-olds sell for approximately $8,600 a pair; and

adults (breeding pairs) sell for approximately $14,700 a pair,

depending upon proven breeding capabilities. Further, when compared to

the market prices listed above for 1995, the estimated market prices

for the first quarter of 1996 show approximately a fifty percent

decrease in the market prices for ostriches in all age categories.

No live ratites have been imported into the United States from any

country since April of 1994. Removing the quarantine and other

requirements for Canadian ratites and their hatching eggs could

encourage imports by decreasing the cost of importing these ratites and

hatching eggs. However, because of the decrease in market prices

described above, we do not expect a heavy volume of ostriches or other

ratites from Canada to be imported into the United States as a result

of this rule.

In addition, though the hatching eggs of ratites are more readily

available, are cheaper to transport, and can be

[[Page 68125]]

quarantined at private facilities, historically only about 26 percent

of the imported eggs (this includes fertile and infertile eggs) have

hatched chicks that survived beyond 30 days. Despite being a

financially dangerous option, importers continue to import hatching

eggs and are trying to improve their rate of hatch and chick survival.

However, because of the relatively low hatch and survival rate and the

reduced market prices of ostriches of different ages, we do not expect

a heavy volume of the hatching eggs of ratites from Canada to be

imported into the United States as a result of this rule.

Any imports from Canada that might result from this rule could

cause a further decline in the domestic prices of ratites in the United

States. However, we expect that domestic ratite importers will benefit

by having fewer restrictions on Canadian imports. Over the short term,

the proposed changes in the regulations might have a minor adverse

economic impact on domestic ostrich producers. Over the long term, we

expect the domestic ratite industry to benefit from any imports that

may occur because reduced ostrich prices could lead to larger domestic

populations of ostriches, benefiting consumers of ostriches and ostrich

products. A larger domestic ratite population could further enhance the

economic viability of commercial ratite breeding, slaughter, feather,

and leather markets.

We expect that the economic effect of allowing the importation of

adult ostriches from all countries into the United States through the

New York Animal Import Center will be insignificant because of the

drastic decrease in the market prices of ostriches.

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 12988

This rule has been reviewed under Executive Order 12988, 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 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 in 9 CFR Part 92

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

Quarantine, Reporting and recordkeeping.

Accordingly, 9 CFR part 92 is amended as follows:

PART 92--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY AND

CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS

OF CONVEYANCE AND SHIPPING CONTAINERS

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 2.22, 2.80, and 371.2(d).

Sec. 92.101 [Amended]

2. Section 92.101 is amended as follows:

a. By removing paragraph (b)(3)(ii).

b. By redesignating paragraphs as follows:

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

Old designation New designation

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(b)(3)(i) introductory text............... (b)(3) introductory text.

(b)(3)(i)(A).............................. (b)(3)(i)

(b)(3)(i)(B).............................. (b)(3)(ii)

(b)(3)(i)(C).............................. (b)(3)(iii)

(b)(3)(i)(D).............................. (b)(3)(iv)

(b)(3)(i)(D)(1)........................... (b)(3)(iv)(A)

(b)(3)(i)(D)(2)........................... (b)(3)(iv)(B)

(b)(3)(i)(D)(3)........................... (b)(3)(iv)(C)

(b)(3)(i)(E).............................. (b)(3)(v)

(b)(3)(i)(F).............................. (b)(3)(vi)

(b)(3)(i)(G).............................. (b)(3)(vii)

(b)(3)(i)(H).............................. (b)(3)(viii)

(b)(3)(i)(I).............................. (b)(3)(ix)

(b)(3)(i)(J).............................. (b)(3)(x)

(b)(3)(i)(K).............................. (b)(3)(xi)

(b)(3)(i)(L).............................. (b)(3)(xii)

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

c. By revising the introductory text of newly redesignated

paragraph (b)(3) to read as set forth below.

d. In newly designated paragraph (b)(3)(vi), by removing the

reference ``(b)(3)(i)(D)'' and adding ``(b)(3)(iv)'' in its place.

e. In newly designated paragraph (b)(3)(vii), by removing the

reference ``(b)(3)(i)(B)'' and adding ``(b)(3)(ii)'' in its place, and

by removing the reference ``(b)(3)(i)(C)'' and adding ''(b)(3)(iii)''

in its place.

f. In newly designated paragraph (b)(3)(x), the first sentence, by

removing the reference ``(b)(3)(i)(B)'' and adding ``(b)(3)(ii)'' in

its place, and by removing the reference ``(b)(3)(i)(C)'' and adding

``(b)(3)(iii)'' in its place.

g. In newly designated paragraph (b)(3)(x), the fourth sentence, by

removing the reference ``(b)(3)(i)(E)'' and adding ``(b)(3)(v)'' in its

place.

Sec. 92.101 General prohibitions; exceptions.

* * * * *

(b) * * *

(3) Except for ratites imported as zoological birds, and ratites

and ratite hatching eggs imported from Canada in accordance with

Sec. 92.107, ratites and hatching eggs of ratites may not be imported

into the United States unless the following conditions are met:

* * * * *

Sec. 92.102 [Amended]

3. Section 92.102(c) is amended by removing the reference

``Sec. 92.105(a)'' and adding ``Sec. 92.105'' in its place.

4. Section 92.103 is amended as follows:

a. In paragraph (a)(1), the first sentence, by removing the

reference ``92.214'' and adding ``92.107(b)'' in its place.

b. By revising paragraphs (a)(1)(xiii), (a)(2)(iii), and (a)(2)(iv)

to read as set forth below.

c. In paragraph (a)(2)(v), by removing ``Sec. 92.101 (b)(3)(i)(G)

and (b)(3)(i)(J)'' and adding ``Sec. 92.101(b)(3)'' in its place; and

by removing ``Sec. 92.101 (b)(3)(i)(B) and (b)(3)(i)(C)'' and adding

``Sec. 92.101(b)(3)'' in its place.

d. At the end of the section, by adding an OMB control number to

read as set forth below.

Sec. 92.103 Import permits for birds; and reservation fees for space

at quarantine facilities maintained by APHIS.

(a) * * *

(1) * * *

(xiii) In addition, the application for a permit to import ratites

or hatching eggs of ratites, except for ratites and hatching eggs of

ratites imported from Canada in accordance with Sec. 92.107, shall

specify the number of ratites or hatching eggs intended for

importation, the size of the flock of origin, and the location of the

premises where the flock of origin is kept; and shall state that, from

the date of application through the date of export, APHIS

representatives shall be granted access to the premises where the flock

of origin is kept. (For ratites intended for importation as zoological

birds, the flock of origin shall be the ratites intended for

importation.)

(2) * * *

[[Page 68126]]

(iii) In addition, a permit to import ratites or hatching eggs of

ratites, except for ratites or hatching eggs of ratites imported from

Canada in accordance with Sec. 92.107, will be denied or withdrawn

unless APHIS representatives are granted access to the premises where

the flock of origin is kept (or, in the case of zoological birds, to

the premises where the birds are kept), from the date of the

application for the permit through the date of export.

(iv) Except for ratites intended for importation as zoological

birds and ratites and hatching eggs of ratites imported from Canada in

accordance with Sec. 92.107, a permit to import ratites or hatching

eggs of ratites will be denied or withdrawn unless an APHIS

representative has visited the premises where the flock of origin is

kept within the 12-month period before the intended importation and has

determined that the flock is pen-raised and contains sufficient

breeding pairs to produce the number of ratites or hatching eggs

intended for importation.

* * * * *

(Approved by the Office of Management and Budget under control

number 0579-0040)

5. Section 92.104 is amended as follows:

a. By revising paragraphs (c)(2), (c)(8), (c)(13), (c)(14),

(c)(15), (c)(16), (d)(2), (d)(9), (d)(10), and (d)(11) to read as set

forth below.

b. At the end of the section, by adding an OMB control number to

read as set forth below.

Sec. 92.104 Certificates for pet birds, commercial birds, zoological

birds, and research birds.

* * * * *

(c) * * *

(2) That, except when the certificate is for zoological birds or

ratites imported from Canada in accordance with Sec. 92.107, the flock

of origin is pen- raised and the ratites covered by the certificate

were produced and maintained in that flock;

* * * * *

(8) That, except as provided in Sec. 92.107 for ratites imported

from Canada for immediate slaughter, the ratites were treated at least

3 days but not more than 14 days before being loaded for shipment to

the United States with a pesticide of a type and concentration

sufficient to kill ectoparasites on the ratites;

* * * * *

(13) That the number of ratites and hatching eggs of ratites

exported from the flock of origin has not exceeded the ceiling required

to be established under Sec. 92.101(b)(3)(ix);

(14) That all the ratites and hatching eggs of ratites in the flock

from which the ratites come were identified in accordance with

Sec. 92.101(b)(3);

(15) Except for ratites imported from Canada in accordance with

Sec. 92.107, the number of ratite laying hens in the flock from which

the ratites come;

(16) For ratites required to be treated prior to shipment with a

pesticide for ectoparasites, the certificate must also state the name,

concentration, and date of administration of the pesticide used to

treat the ratites;

* * * * *

(d) * * *

(2) That, except when the certificate is for hatching eggs of

ratites imported from Canada in accordance with Sec. 92.107, the flock

of origin is pen- raised, and the hatching eggs covered by the

certificate were produced by that flock;

* * * * *

(9) That the number of ratites and hatching eggs of ratites

exported from the flock of origin has not exceeded the ceiling required

to be established under Sec. 92.101(b)(3)(ix);

(10) That all the ratites and hatching eggs of ratites in the flock

from which the hatching eggs come were identified in accordance with

Sec. 92.101(b)(3);

(11) Except for hatching eggs of ratites imported from Canada in

accordance with Sec. 92.107, the number of ratite laying hens in the

flock from which the hatching eggs come.

(Approved by the Office of Management and Budget under control

number 0579-0040)

6. Section 92.105 is amended as follows:

a. By revising paragraph (a) to read as set forth below.

b. In paragraph (c), by revising the introductory text and

paragraph (c)(1) to read as set forth below.

Sec. 92.105 Inspection at the port of entry.

(a) All commercial birds, zoological birds, and research birds,

including hatching eggs of ratites, but excluding other ratites,

imported into the United States, must be inspected by the port

veterinarian at the Customs port of entry, which may be any

international airport, or any land-border port within 20 miles of an

international airport, serviced by Customs, as well as, for Canadian-

origin hatching eggs of ratites, ports listed in Sec. 92.107 (c).

However, hatching eggs of ratites may be shipped, in bond, from the

port of first arrival to the Customs port of entry at which they will

be quarantined, for inspection, at that port.

* * * * *

(c) Ratites, other than hatching eggs of ratites, imported from any

part of the world must be inspected at the Customs port of entry by a

veterinary inspector of APHIS and, except as provided in Sec. 92.107(b)

for ratites imported from Canada, shall be permitted entry only at one

of the following ports of entry:

(1) Ostriches:

(i) Up to 36 inches in height (as measured from the top of the head

to the base of the feet) or 30 pounds in weight: New York, NY; Stewart

Airport, Newburgh, NY; and Miami, FL.

(ii) Exceeding 36 inches in height or 30 pounds in weight: New

York, NY, and Stewart Airport, Newburgh, NY.

* * * * *

Sec. 92.106 [Amended]

7. Section 92.106 is amended as follows:

a. In paragraph (b)(1), the first sentence, by adding the words,

``except as provided in Sec. 92.107,'' immediately following the words

``any part of the world''.

b. In paragraph (b)(2), the first sentence, by adding the words,

``except as provided in Sec. 92.107,'' immediately following the words

``any part of the world''.

8. Section 92.107 is amended as follows:

a. By adding the paragraph designation ``(a)'' immediately

preceding the words ``In-bond shipments from Canada.''

b. By adding new paragraphs (b) and (c) to read as follows:

Sec. 92.107 Special provisions.

* * * * *

(b) Ratites from Canada. Ratites that were hatched and raised in

Canada or ratites that were legally imported into Canada and, upon

arrival in Canada, were quarantined for a minimum of 28 days at a

Canadian quarantine facility and remained in Canada for an additional

60 days following completion of quarantine may be imported into the

United States:

(1) Without being quarantined upon arrival in the United States;

and

(2) At any of the following ports of entry: Anchorage, AK;

Fairbanks, AK; Los Angeles, CA; San Diego, CA; Denver, CO; Miami, FL;

Tampa, FL; Atlanta, GA; Honolulu, HI; Eastport, ID; Chicago, IL; New

Orleans, LA; Boston, MA; Baltimore, MD; Houlton, ME; Jackman, ME;

Detroit, MI; Port Huron, MI; Sault Ste. Marie, MI; Minneapolis, MN;

Raymond, MT; Sweetgrass, MT; Buffalo, NY; Champlain, NY; New York, NY;

Stewart Airport, Newburgh, NY; Dunseith, ND; Pembina, ND; Portal, ND;

Portland, OR; San Juan, PR; Houston,

[[Page 68127]]

TX; Highgate Springs, VT; Blaine, WA; Seattle, WA; and Sumas, WA; and

(3) If offered for entry at a Canadian land border port listed in

Sec. 92.203(b), without an import permit; and

(4) If consigned directly to slaughter from the port of entry,

without being treated for ectoparasites within 3 to 14 days before

shipment to the United States, as otherwise required by

Sec. 92.104(c)(8); and

(5) If in compliance with all of the applicable regulations of the

U.S. Fish and Wildlife Service contained in Title 50, subchapter B, of

the Code of Federal Regulations.

(c) Ratite eggs from Canada. Hatching eggs of ratites that were

laid in Canada may be imported into the United States:

(1) Without being quarantined upon arrival in the United States;

and

(2) At any of the ports of entry listed in paragraph (b)(2) of this

section or authorized by Sec. 92.105(a); and

(3) If offered for entry at a Canadian land border port listed in

Sec. 92.203(b), without an import permit; and

(4) If in compliance with all of the applicable regulations of the

U.S. Fish and Wildlife Service contained in Title 50, subchapter B, of

the Code of Federal Regulations.

Done in Washington, DC, this 19th day of December 1996.

A. Strating,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-32898 Filed 12-26-96; 8:45 am]

BILLING CODE 3410-34-P