Page images
PDF
EPUB

Subpart-Inspections and Related

Provisions

APHIS will not provide the service requested.

(b) If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is insufficient or not in compliance with the regulations in this part, then APHIS will take the following action:

(1) If an APHIS user fee is due for a certificate or a certificate for reexport, APHIS will not issue the certificate.

(2) If an APHIS user fee is past due by more than 30 days, APHIS will impose a late payment penalty and interest charges in accordance with 31 U.S.C. 3717.

355.20 Marking and notification require

ments for plants imported, exported, or

reexported by means other than mail. 355.21 Marking and mailing requirements

for piants imported, exported, or reex

ported by mail. 355.22 Validation of documentation. 355.23 Recordkeeping, access, and reports.

AUTHORITY: 16 U.S.C. 1532, 1538, and 1540; 7 CFR 2.22, 2.80, and 371.2(c).

SOURCE: 49 FR 42912, Oct. 25, 1984, unless otherwise noted.

Subpart-Purpose and Definitions

(57 FR 771, Jan. 9, 1992)

PART 355-ENDANGERED SPECIES

REGULATIONS CONCERNING TERRESTRIAL PLANTS 1, 2

Subpart-Purpose and Definitions

Sec. 355.1 Purpose. 355.2 Definitions.

Subpart-Permission to Engage in Business 356.10 Permission to engage in business con

cerning nonlisted terrestrial plants. 355.11 General permits.

8355.1 Purpose.

Pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Secretary is responsible for the enforcement of the provisions of the Act and Convention which pertain to the importation, exportation, or reexportation of terrestrial plants. The regulations in this part are for the purpose of implementing this authority. Regulations of the U.S. Department of the Interior which interrelate with the regulations in this part are contained in 50 CFR chapter I. 8355.2 Definitions.

Terms used in the singular form in this part shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this part, shall be construed, respectively, to mean:

Act. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Convention. The Convention on International Trade in Endangered Species of Wild Fauna and Flora, TIAS 8249, 27 U.S.T. 1087, signed on March 3, 1973, and the Appendices thereto.

Deputy Administrator. The Deputy Administrator of the Animal and Plant Health Inspection Service for Plant Protection and Quarantine, U.S. Department of Agriculture, or any other officer or employee of the Department to whom authority to act in his or her stead has been or may hereafter be delegated.

Engage in business as an importer, exporter, or reexporter of terrestrial plants. To import, export, or reexport terrestrial plants for the purpose of selling,

1 Pursuant to section 11 of the Act (16 U.S.C. 1640) it is unlawful for any person to knowingly violate any provision of the Act, any permit or certificate issued under the Act, or any regulation promulgated under the Act. Further, section 11 of the Act provides for criminal, civil, and administrative penalties for any such violation.

2 Plant Protection and Quarantine also administers programs under the Lacey Act Amendments of 1981 (16 U.S.C. 3401 et seq.), the Plant Quarantine Act, as amended (7 U.S.C. 151 et seq.), the Federal Plant Pest Act, as amended (7 U.S.C. 150aa et seq.), and the Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et seq.) which contain authority for additional prohibitions and restrictions on the importation of plants subject to this part (see other parts of 7 CFR chapter III for regulations containing prohibitions and restrictions under these authorities).

Terrestrial plants. Any plants (including epiphytic plants), except marine plants.

Validation. An original stamp, signature, and date of inspection placed upon documentation required by 50 CFR part 17 or part 23 by an inspector at the port where the terrestrial plants are to be imported, exported or reexported.

United States. Any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the U.S. Virgin Islands, Guam, and the Trust Territory of the Pacific Islands.

Subpart-Permission to Engage in

Business

bartering, collecting, or otherwise exchanging or acquiring the plants as a livelihood or enterprise engaged in for gain or profit. This term shall not include persons engaged in business merely as carriers or customhouse brokers.

Export (exported, exporting, exportation). To carry, send, take, transport or otherwise remove, or to attempt to carry, send, take, transport or otherwise remove from any place subject to the jurisdiction of the United States.

Import (imported, importing, importation). To land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.

Inspector. Any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator in accordance with law to enforce the provisions of the Act and Convention, and regulations promulgated thereunder.

Person. Any individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof or of any foreign government.

Plant. Any member of the plant kingdom, including seeds, roots and other parts thereof.

Plant Protection and Quarantine. The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Act and Convention, and regulations promulgated thereunder.

Reerport (reexported, reexportation). To export following importation.

Secretary. The Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom authority to act in his or her stead has been or may hereafter be delegated.

8355.10 Permission to engage in busi

ness concerning nonlisted terres

trial plants. The Secretary hereby grants permission for any person engaged in business as an importer, exporter, or reexporter of terrestrial plants, other than terrestrial plants listed in 50 CFR 17.12 or 23.23, to engage in such business without a general permit issued under 8355.11. 8355.11 General permits.3

(a) On or after March 26, 1985 no person shall engage in business as an importer, exporter, or reexporter of any terrestrial plants listed in 50 CFR 17.12 or 23.23 unless such person has obtained a general permit for engaging in such business from Plant Protection and Quarantine.

(b) An application for a general permit shall be submitted to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, 4700 River Road, Unit 139, Riverdale, Maryland 20737–1236. The

3 This permit is named a "general permit" in order to avoid confusion with “permits" obtained under the Act from the U.S. Department of the Interior to accompany the importation, exportation, or reexportation of plants under U.S. Department of the Interior regulations, and to avoid confusion with "permits" obtained from Plant Protection and Quarantine for the importation of plants under the Plant Quarantine Act, as amended (7 U.S.C. 151 et seq.) and the Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et seq.).

completed application shall include the that the information in this applicafollowing information:

tion is complete and accurate to the (1) Date of application;

best of my knowledge and belief." (2) Applicant's name, mailing ad- (c) Each application for a general dress, and telephone number;

permit must be accompanied by a (3) If the applicant is an individual, check or money order for $70 made payhe business affiliation, if any, having able to Plant Protection and Quarto do with the importation, expor- antine. The fee shall not be refunded if tation, or reexportation of terrestrial the application is denied or abandoned. plants listed in 50 CFR 17.12 or 23.23; (d) After receipt and review of the ap

(4) If the applicant is in the name of plication by Plant Protection and a business or if the applicant is affili- Quarantine, a general permit for the ated with a business which imports, ex- importation, exportation, and ports, or reexports terrestrial plants reexportation of terrestrial plants listlisted in 50 CFR 17.12 or 23.23, the form

ed in 50 CFR 17.12 or 23.23 shall be isof the business, e.g., corporation, firm, sued if the applicant has submitted an partnership; and the name and address

application containing all information of each partner, officer, director, hold- requested in paragraph (b) of this secer, and owner of 10 percent or more of tion, if the applicant has paid the fee in the voting stock, and employee in a accordance with paragraph (c) of this managerial or executive capacity;

section, and if a general permit of the (5) The address of all applicants' busi- applicant or anyone responsibly conness locations, including but not lim

nected with the business of the appliited to locations of nurseries, growing cant has not been and is not denied, fields, propagating beds, holding beds suspended or revoked pursuant to paraand similiar facilities where activities

graph (i) of this section. relating to terrestrial plants listed in

(e) The applicant shall be notified in 50 CFR 17.12 or 23.23 would be con- writing by Plant Protection and Quarducted;

antine of the approval or denial of any (6) A brief and complete description

request for a general permit. If a genof the nature of the applicant's busi- eral permit is denied, the notification ness as it relates to engaging in busi- shall state the reasons therefor. If a

importer, exporter, general permit is denied, the applicant reexporter of terrestrial plants listed

may request a hearing pursuant to in 50 CFR 17.12 or 23.23;

paragraph (i)(1) of this section and may (7) Any address where books

submit to Plant Protection and Quarrecords concerning the importation, antine, in writing, reasons why the perexportation, or reexportation of terres

mit should not have been denied. Such trial plants listed in 50 CFR 17.12 or

submissions of the applicant shall not 23.23 would be kept;

be considered a new application if sub(8) Name, address, and telephone mitted within 60 days following the renumber of the person authorized to

ceipt of notification of the denial by make records or plant inventories

the applicant. available for examination by inspec- (1) Upon receipt of an incomplete or tors or other duly authorized rep

improperly executed application, the resentatives of the Secretary; and

applicant shall be notified by Plant (9) Certification by signature of the

Protection and Quarantine of the defiapplicant (must be a partner or officer

ciency of the application. If the appliif the applicant is a business) after the

cant fails to supply the deficient inforfollowing language: “I hereby certify

mation or otherwise fails to correct the

deficiency within 60 days following the * Application forms are available without receipt of the notification by the applicharge from the Animal and Plant Health In

cant, the application shall be considspection Service, Plant Protection and Quar

ered abandoned. antine, Port Operations, 4700 River Road, Unit 139, Riverdale, Maryland 20737–1236, or

(8) Upon receipt of an application from local offices at any of the ports des

filed with an insufficient fee, or withignated in 50 CFR part 24. Telephone num

out a fee, the application and any fee bers and addresses of local offices are listed submitted will be returned to the appliin telephone directories.

cant.

ness

as

an

or

or

167-013 0-96--13

business of the applicant or permittee has been convicted of any crime involving fraud, bribery, extortion, or any other crime involving a lack of integrity needed for the conduct of operations concerning the importation, exportation, or reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23.

(3) For the purposes of this section, a person shall be deemed to be responsibly connected with the business of the applicant or permittee if the person is a partner, officer, director, holder, or owner of 10 percent or more or its voting stock, or an employee in a managerial or executive capacity. (Information collection requirements were approved by the Office of Management and Budget under control number 0579-0076) (49 FR 42912, Oct. 25, 1984, as amended at 59 FR 67611, Dec. 30, 1994)

Subpart-Inspections and Related

Provisions

(h) A general permit shall be valid for 2 years from the date of issuance unless suspended or revoked pursuant to paragraph (i) of this section. A new application must be submitted for the renewal of the general permit. A general permit shall not be transferred, tampered with, amended or otherwise altered in any manner or form by any person.

(i)(1) Any application for a general permit may be denied and any general permit which has been issued may be suspended or revoked for a time specified by the Deputy Administrator for any of the reasons provided in paragraph (i)(2) of this section. Before such action is taken, the applicant or permittee will be informed of the reasons for the proposed action, and upon request, shall be afforded an opportunity for a hearing with respect to the merits or validity of such action, in accordance with rules of practice which shall be adopted for the proceeding. However, such denial, suspension or revocation may become effective pending final determination in the proceeding, if the permittee has been convicted or a criminal violation of the Act, or of any regulation, permit, or certificate issued under the Act. Such denial, suspension or revocation shall be effective upon oral written notification, whichever is earlier, to the permittee. In the event of oral notification of the denial, suspension or revocation, written confirmation shall be given to the permittee promptly

circumstances allow. This denial, suspension or revocation shall continue in effect pending the completion of the proceeding and any judicial review thereof, unless otherwise ordered by the Deputy Administrator.

(2) An application for a general permit may be denied and any general permit which has been issued may be suspended or revoked if:

(i) Any requirement of this subpart is not complied with, or

(ii) The applicant, permittee, or a person responsibly connected with the business of the applicant or permittee has been criminally convicted or had a civil penalty imposed for a violation of the Act or of any regulation, permit, or certificate issued under the Act, or

(iii) The applicant, permittee, or a person responsibly connected with the

[ocr errors]

or

8355.20 Marketing and notification re

quirements for plants imported, exported, or reexported by means

other than mail.6 (a) Any terrestrial plant which is to be imported, exported, or reexported by means other than mail and which may be imported, exported, or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall at the time of importation, exportation, or reexportation plainly and correctly bear on the outer container or on a tag, invoice, packing list, or other document accompanying the plant, the following information:

as

as

5 Certain terrestrial plants listed in Appendices I, II, or III of the Convention or determined by the U.S. Department of the Interior to be endangered or threatened or similar in appearance to endangered or threatened species are required to be accompanied by documentation at the time of importation, exportation, or reexportation (see 50 CFR chapter I). Plants are allowed to be imported, exported or reexported only at ports authorized for such purposes by the U.S. Department of the Interior, or, under certain circumstances as determined by the U.S. Department of the Interior, at nondesignated ports, pursuant to section 9(1) of the Act (16 U.S.C. 1538(f)). (see 50 CFR part 24 for a list of designated ports.)

(1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid),

(2) Country and locality where collected from the wild or where produced from cultivated stock,

(3) Name and address in the United States if exported or reexported) of shipper, owner or person shipping or forwarding the plants,

(4) Name and address (in the United States if imported) of consignee,

(5) Identifying shipper's mark and number, and

(6) Serial number and type (e.g., permit, certificate) of document issued for the importation, exportation, or reexportation of the plant.

(b) Promptly upon arrival at a port of import (listed in 50 CFR part 24, or, if allowed by the U.S. Department of the Interior, at a nondesignated port) of any terrestrial plant which is imported by means other than mail and which may be imported under 50 CFR part 17 or part 23 only if accompanied by documentation, the importer shall notify Plant Protection and Quarantine of the arrival and of the genus and species of the plant by such means as a manifest, Customs entry document, commercial invoice, waybill, broker's document, or notice form provided for that purpose.

(c) Prior to the exportation or reexportation of any terrestrial plant which is to be exported or reexported by other than mail and which may be exported or reexported under 50 CFR part 17 or part 23 only if accompanied by ocumentation, the exporter reexporter shall notify Plant Protection and Quarantine of the intended exportation or reexportation and of the genus and species of the plant by such means as a manifest, commercial invoice, waybill, broker's document, or notice form provided for that purpose. (Information collection requirements were approved by the Office of Budget and Management under control number 0579 0076)

tion and Quarantine (at a port authorized for such purpose by the U.S. Department of the Interior in 50 CFR part 24 pursuant to section 9(f) of the Act (16 U.S.C. 1538 (f))); and shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the name, address, and telephone number of the intended recipient in the United States; and shall plainly and correctly bear on the outer container the following information:

(1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid),

(2) Country and locality where collected from the wild or where produced from cultivated stock,

(3) Name and address of shipper, owner, or person shipping or forwarding the plants, and

(4) Serial number and type (e.g. permit, certificate) of document issued for the importation of the plant.

(b) Any terrestrial plant which is to be exported or reexported by mail and which may be exported or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall be mailed to Plant Protection and Quarantine (at a port authorized for such purpose by the U.S. Department of the Interior in 50 CFR part 24 pursuant to section 9(f) of the Act (16 U.S.C. 1538(1))); shall be wrapped in double wrapping, with an unsealed inner wrapping addressed to the foreign recipient and bearing sufficient postage for mailing to the foreign destination; shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the following information:

(1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid),

(2) Country and locality where collected from the wild or where produced from cultivated stock,

(3) Name and address in the United States of shipper, owner, or person shipping or forwarding the plants, and

(4) Serial number and type (e.g. permit, certificate) of document issued for the exportation or reexportation of the plant. (Information collection requirements were approved by the Office of Budget and Management under control number 0579-0076)

or

8355.21 Marking and mailing require

ments for plants imported, ex

ported, or reexported by mail.6 (a) Any terrestrial plant which is to be imported by mail and which may be imported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall be mailed to Plant Protec

« PreviousContinue »