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

Federal RegisterMay 1, 1997

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service, USDA

9 CFR Part 92

[Docket No. 94-136-2]

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: Final rule.

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SUMMARY: We are amending 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, to

establish conditions under which such animals may be moved from one zoo

to another within the United States. This change will benefit zoo

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

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.

EFFECTIVE DATE: June 2, 1997.

FOR FURTHER INFORMATION CONTACT: Dr. Morley Cook, Senior Staff

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

VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1228, (301)

734-6479.

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

[[Page 23636]]

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.

On October 31, 1996, we published in the Federal Register (61 FR

56165-56169, Docket No. 94-136-1) a proposal to amend the regulations

in 9 CFR 92.404(c) and 92.504(c), by specifying 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.

Comments on the proposed rule

We solicited comments concerning our proposal for 60 days ending

December 30, 1996. We received 11 comments by that date. They were from

zoos, zoological and endangered species associations, veterinarians and

veterinary associations, and animal industry groups. All the comments

supported the proposed rule, but several suggested improvements or

expansion of its coverage. The comments are discussed below by topic.

Three commenters suggested that the proposed procedures for

allowing movement of animals between zoos should apply not only to

ruminants and swine from countries where FMD and rinderpest exist, but

also to animals from countries where African swine fever (ASF), hog

cholera (HC), swine vesicular disease (SVD), vesicular exanthema of

swine (VES), and contagious bovine pleuropneumonia (CBPP) exist. The

comments suggested that since reliable diagnostic technologies exist

for these diseases, ruminants and swine from countries affected by

these diseases should also be allowed to move between zoos after

spending at least one year in a postentry quarantine (PEQ) zoo.

We are not making any changes to the rule in response to this

comment, but we are evaluating whether the suggested changes should be

made in a future rulemaking. The suggested changes are outside the

scope of the current rulemaking because the proposed rule and the

affected sections of the regulations deal only with rinderpest and FMD,

not the other diseases mentioned by the commenters.

Three commenters suggested that the rule should allow movement not

only for live animals, but for carcasses, body parts, and biological

specimens, after the animal they were derived from spent at least one

year in a PEQ zoo without diagnosis of disease. These commenters

believe that such materials should be allowed movement for scientific

research or museum display purposes, and that they can be safely moved

after the imported animal spends its first year in postentry

quarantine.

We agree, and are adding the following sentence to

Secs. 92.404(c)(4) and 92.504(c)(4): ``The Administrator will approve

the movement of a carcass, body part, or biological specimen derived

from 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-mouth disease, rinderpest, or other communicable disease that

is exotic to the United States or for which APHIS has an eradication or

control program in 9 CFR chapter I, and determines that the carcass,

body part, or biological specimen will be moved only for scientific

research or museum display purposes.''

Two commenters questioned whether APHIS would have adequate funding

and staff resources to provide the oversight, monitoring, and

surveillance necessary for effective implementation of the proposed

changes.

We are not making any change in response to this comment. We

believe these regulations are enforceable and that we have adequate

manpower to enforce them. Many variables can affect the level of

resources APHIS can apply to any given program at any given time;

however, APHIS intends to allocate the number of staff hours necessary

to ensure animals are moved between zoos under this program safely and

in compliance with the regulatory requirements.

One commenter suggested that APHIS should revise APHIS Form 65-B,

which is used in animal importation, to reflect the changes in the

proposed rule and to update the form to show the current location of

the Animal Import Center in Newburgh, New York, instead of Clifton, New

Jersey. We agree, and are updating the form; however, no change to the

regulations is necessary to accomplish this revision of APHIS Form 65-

One commenter suggested that the regulation should explicitly

define which official or group within APHIS has the authority to

approve the movement of an animal from one zoo to another.

We are not making any change in response to this comment. The

proposed rule stated that ``The Administrator will approve the movement

of an imported animal subject to this agreement . . .'' In Secs. 92.400

and 92.500, ``Administrator'' is defined to include the Administrator

of APHIS, or any other APHIS employee to whom authority has been or may

be delegated to act in the Administrator's stead. Since work

assignments and organizational structure may change frequently in

APHIS, it is standard practice to designate the Administrator as

responsible for certain decisions and activities, and to delegate this

authority to specific APHIS staff using nonregulatory documentation

internal to the agency, which does not require notice-and-comment

rulemaking to change. Persons who are interested in determining who has

been delegated authority to enforce particular sections of the

regulations (such as the PEQ Zoo provisions) can readily determine this

by contacting APHIS headquarters or an area office.

One commenter suggested that the rule should specify a foolproof

method of animal identification to aid enforcement of the rule, and

that APHIS should consider using new electronic identification

technologies for this purpose.

We are not making any change in response to this comment. The

proposed rule allows movement of ruminants and swine from a PEQ Zoo

only to a zoo that is accredited by the American Zoo and Aquarium

Association (AZA), or that 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. We do not believe it is necessary to

specify a particular means of animal identification in the final rule

because zoos already have a strong incentive to effectively identify

animals for their own purposes (breeding, collection management, etc.),

and the AZA accreditation process is an additional safeguard to ensure

that identification and record keeping is effective. Specifying a

separate, Federal requirement for identification would be an

unnecessary regulatory burden; our experience has been that we can

effectively work with existing identification procedures employed by

zoos.

Several commenters raised issues related to the proposed rule's

description in the agreements in Secs. 92.404(c)(4) and 92.504(c)(4),

that animals may be moved from a PEQ Zoo only to a zoo accredited by

the AZA, or to a non-accredited zoo that ``has facilities and

procedures in place related to preventing the spread of communicable

animal diseases

[[Page 23637]]

(including but not limited to procedures for animal identification,

record keeping, and veterinary care) that are equivalent to those

required for AZA accreditation.'' There was some concern that this was

too open-ended, and could preclude some zoos from receiving such

animals only because they do not fully comply with voluminous AZA

standards that specify effective methods (but not the only effective

methods) to safely receive and maintain the animals without risk of

spreading disease.

We are not making any change based on these comments, because we

believe the rule clearly states that in approving movements to such

zoos, the Administrator will focus on determining whether the zoo has

standards equivalent to the AZA for preventing the spread of animal

diseases. That decision will be made based on whether the receiving zoo

achieves the necessary levels of biosecurity (a performance standard

approach), rather than whether the zoo employs the exact same facility

and procedure standards specified by the AZA (an engineering standard

approach).

Miscellaneous

The proposed rule used the phrase ``or other communicable disease''

several times in reference to the observation of any clinical evidence

of disease from animals held in isolation or quarantine. That phrase

was intended to refer to any other communicable animal diseases that

APHIS was either trying to exclude from the United States or prevent

from spreading in the United States. In the interest of maximum

clarity, we are changing the phrase ``or other communicable disease''

in the final rule to read ``or other communicable disease that is

exotic to the United States or for which APHIS has an eradication or

control program in 9 CFR chapter I.''

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. For this

action, the Office of Management and Budget has waived its review

process required by Executive Order 12866.

This rule allows increased movement of certain imported ruminants

and swine from one zoo to another in the United States. It will not

increase the number of such animals that are imported. It should not

have any appreciable impact on commerce, and will 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 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.). 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 are adding 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 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).

2. Section 92.404, paragraph(c) is revised to read as follows:

Sec. 92.404 Import permits for ruminants and for ruminant test

specimens for diagnostic purposes; and reservation fees for space at

quarantine facilities maintained by APHIS.

* * * * *

rinderpest exists. This paragraph (c) 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 avoid 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

[[Page 23638]]

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 that is exotic to the United States or

for which APHIS has an eradication or control program in 9 CFR

chapter I, 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

that is exotic to the United States or for which APHIS has an

eradication or control program in 9 CFR chapter I, 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.

The Administrator will approve the movement of a carcass, body part,

or biological specimen derived from 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 that is exotic to

the United States or for which APHIS has an eradication or control

program in 9 CFR chapter I, and determines that the carcass, body

part, or biological specimen will be moved only for scientific

research or museum display purposes.

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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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(Title of officer)

Subscribed and sworn to before me this ________ day of

____________, ________.

(Title or designation)

(Approved by the Office of Management and Budget under control

number 0579-0040.)

3. Section 92.504, paragraph (c) is 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 (c) 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 avoid 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.

[[Page 23639]]

(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: