plant pest regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] §301.80-10 Nonliability of the Department. The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] Subpart-Imported Fire Ant SOURCE: 57 FR 57327, Dec. 4, 1992, unless otherwise noted. QUARANTINE AND REGULATIONS 8301.81 Restrictions on interstate movement of regulated articles. No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. §301.81-1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture (APHIS). Certificate. A document in which an inspector or a person operating under a compliance agreement affirms that a specified regulated article meets the requirements of this subpart and may be moved interstate to any destination. Compliance agreement. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with the provisions of this subpart and any conditions imposed under this subpart. Imported fire ant. Living imported fire ants of the species Solenopsis invicta Buren and Solenopsis richteri Forel, and hybrids of these species. Infestation (infested). The presence of an imported fire ant queen or a reproducing colony of imported fire ants, except that on grass sod and plants with roots and soil attached, an infestation is the presence of any life form of the imported fire ant. Inspector. An APHIS employee or other person authorized by the Administrator to enforce the provisions of this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector affirms that a specified regulated article not eligible for a certificate is eligible for interstate movement only to a specified destination and in accordance with conditions specified on the permit. Movement (moved). The act of shipping, transporting, delivering, or receiving for movement, or otherwise aiding, abetting, inducing or causing to be moved. Noncompacted soil. Soil that can be removed from an article by brisk brushing or washing with water under normal city water pressure (at least 4 gallons per minute at 40 to 50 pounds per square inch through a 1⁄2-inch orifice). Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Reproducing colony. A combination of one or more imported fire ant workers and one or more of the following immature imported fire ant forms: Eggs, larvae, or pupae. Soil. Any non-liquid combination of organic and/or inorganic material in which plants can grow. Soil-moving equipment. Equipment used for moving or transporting soil, including, but not limited to, bulldozers, dump trucks, or road scrapers. State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. §301.81-2 Regulated articles. The following are regulated articles: (a) Imported fire ant queens and reproducing colonies of imported fire ants.1 (b) Soil,2 separately or with other articles, except potting soil that is shipped in original containers in which the soil was placed after commercial preparation. (c) Baled hay and baled straw stored in direct contact with the ground; (d) Plants and sod with roots and soil attached, except plants maintained indoors in a home or office environment and not for sale; (e) Used soil-moving equipment, unless removed of all noncompacted soil; and (f) Any other article or means of conveyance when: (1) An inspector determines that it presents a risk of spread of the imported fire ant due to its proximity to an infestation of the imported fire ant; and (2) The person in possession of the product, article, or means of conveyance has been notified that it is regulated under this subpart. (Approved by the Office of Management and Budget under control number 0579-0102) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994] 8301.81-3 Quarantined areas. (a) The Administrator will quarantine each State or each portion of a State that is infested. (b) Less than an entire State will be listed as a quarantined area only if the Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles listed in §301.81-2 that are equivalent to the interstate movement restrictions imposed by this subpart; and (2) Designating less than the entire State as a quarantined area will prevent the spread of the imported fire ant. (c) The Administrator may include uninfested acreage within a quar 1 Permit and other requirements for the interstate movement of imported fire ants are contained in part 330 of this chapter. 2 The movement of soil from Puerto Rico is subject to additional provisions in part 330 of this chapter. antined area due to its proximity to an infestation or inseparability from the infested locality for quarantine purposes, as determined by: (1) Projections of spread of imported fire ant around the periphery of the infestation, as determined by previous years' surveys; (2) Availability of natural habitats and host materials, within the uninfested acreage, suitable for establishment and survival of imported fire ant populations; and (3) Necessity of including uninfested acreage within the quarantined area in order to establish readily identifiable boundaries. (d) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraphs (a), (b), and (c) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the management of the nonquarantined area; thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated quarantined areas in paragraph (e) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable. (e) The areas described below are designated as quarantined areas: The entire State. ALABAMA ARKANSAS Ashley County. The entire county. Bradley County. The entire county. Calhoun County. The entire county. Chicot County. The entire county. Cleveland County. The entire county. Columbia County. The entire county. Dallas County. The entire county. Desha County. The entire county. Drew County. The entire county. Garland County. The entire county. Grant County. That portion of the county south of the south line T. 5 S. and east of State Highway 167. That portion of the county south of U.S. Highway 270, including the corporate city limits of Sheridan. Hempstead County. That portion of the county south of Interstate 30, including all of the incorporated city limits of Hope. That portion of the county south of Arkansas Highway 24. Hot Springs County. That portion of the county east of Interstate 30 to the intersection with U.S. Highway 270; then south of U.S. 270 to the Hot Springs County/Grant County line, including the corporate city limits of Malvern. Howard County. The entire county. Nevada County. That portion of the county south of the south line of T. 10 S. and the Little Missouri River. Ouachita County. The entire county. CALIFORNIA Los Angeles County. That portion of Los Angeles County in the Cerritos area bounded by a line beginning at the intersection of Artesia Boulevard and Marquardt Avenue; then south along Marquardt Avenue to the Los Angeles/Orange County Line; then south and west along the Los Angeles/Orange County Line to Carson Street; then west along Carson Street to Norwalk Boulevard; then north along Norwalk Boulevard to Centralia Street; then west along Centralia Street to Pioneer Boulevard; then north along Pioneer Boulevard to South Street; then east along South Street to Norwalk Boulevard; then north along Norwalk Boulevard to 183rd Street; then east along 183rd Street to Bloomfield Avenue; then north along Bloomfield Avenue to Artesia Boulevard; then east along Artesia Boulevard to the point of beginning. That portion of Los Angeles County in the Azusa area bounded by a line beginning at the intersection of Irwindale Avenue and Foothill Boulevard; then east along Foothill Boulevard to Azusa Avenue; then south along Azusa Avenue to East Fifth Street; then east along East Fifth Street to North Cerritos Avenue; then south along North Cerritos Avenue to Arrow Highway; then west along Arrow Highway to Azusa Avenue, then south along Azusa Avenue to Covina Boulevard; then west along an imaginary line to the intersection of Martinez Street and Irwindale Avenue; then north along Irwindale Avenue to the point of beginning. Orange County. The entire county. Riverside County. That portion of Riverside County in the Indio area bounded by a line beginning at the intersection of Avenue 50 and Jackson Street; then south along Jackson Street to 54th Avenue; then west along 54th Avenue to Madison Street; then north along Madison Street to Avenue 50; then east along Avenue 50 to the point of beginning. That portion of Riverside County in the Moreno Valley area bounded by a line beginning at the intersection of Reche Vista Drive and Canyon Ranch Road; then southeast along Canyon Ranch Road to Valley Ranch Road; then east along Valley Ranch Road to Michael Way; then south along Michael Way to Casey Court; then east along Casey Court to the Moreno Valley City Limits; then south and east along the Moreno Valley City Limits to Pico Vista Way; then southwest along Pico Vista Way to Los Olivos Drive; then south along Los Olivos Drive to Jaclyn Avenue; then west along Jaclyn Avenue to Perris Boulevard; then south along Perris Boulevard to Kalmia Avenue; then west along Kalmia Avenue to Hubbard Street; then north along Hubbard Street to Nightfall Way; then west and south along Nightfall Way to Sundial Way; then west along Sundial Way to Indian Avenue; then south along Indian Avenue to Ebbtide Lane; then west along Ebbtide Lane to Ridgecrest Lane; then south along Ridgecrest Lane to Moonraker Lane; then west along Moonraker Lane to Davis Street; then south along Davis Street to Gregory Lane; then west along Gregory Lane to Heacock Street; then northwest along an imaginary line to the intersection of Lake Valley Drive and Breezy Meadow Drive; then north along Breezy Meadow Drive to its intersection with Stony Creek; then north along an imaginary line to the intersection of Old Lake Drive and Sunnymead Ranch Parkway; then northwest along Sunnymead Ranch Parkway to El Granito Street; then east along El Granito Street to Lawless Road; then east along an imaginary line to the intersection of Heacock Street and Reche Vista Drive; then north along Reche Vista Drive to the point of beginning. That portion of Riverside County in the Bermuda Dunes, Palm Desert, and Rancho Mirage areas bounded by a line beginning at the intersection of Ramon Road and Bob Hope Drive; then south along Bob Hope Drive to Dinah Shore Drive; then east along Dinah Shore Drive to Key Largo Avenue; then south along Key Largo Avenue to Gerald Ford Drive; then west along Gerald Ford Drive to Bob Hope Drive; then south along Bob Hope Drive to Frank Sinatra Drive; then east along Frank Sinatra Drive to Vista Del Sol; then south along Vista Del Sol to Country Club Drive; then east along Country Club Drive to Adams Street; then south along Adams Street to 42nd Avenue; then east along 42nd Avenue to Tranquillo Place; then south along Tranquillo Place to its intersection with Harbour Court; then southwest along an imaginary line to the intersection of Granada Drive and Caballeros Drive; then southeast along Caballeros Drive to Kingston Drive; then west along Kingston Drive to Mandeville Road; then east along Mandeville Road to Port Maria Road; then south along Port Maria Road to Fred Waring Drive; then west along Fred Waring Drive to its intersection with Dune Palms Road; then southwest along an imaginary line to the intersection of Adams Street and Miles Avenue; then west along Miles Avenue to Washington Street; then northwest along Washington Street to Fred Waring Drive; then west along Fred Waring Drive to Joshua Road; then north along Joshua Road to Park View Drive; then west along Park View Drive to State Highway 111; then northwest along State Highway 111 to Magnesia Fall Drive; then west along Magnesia Fall Drive to Gardess Road; then northwest along Gardess Road to Dunes View Road; then northeast along Dunes View Road to Halgar Road; then northwest along Halgar Road to Indian Trail Road; then northeast along Indian Trail Road to Mirage Road; then north along Mirage Road to State Highway 111; then northwest along State Highway 111 to Frank Sinatra Drive; then west along Frank Sinatra Drive to Da Vall Drive; then north along Da Vall Drive to Ramon Road; then east along Ramon Road to the point of beginning. That portion of Riverside County in the Palm Springs area bounded by a line beginning at the intersection of Tramway Road, State Highway 111, and San Rafael Drive; then east along San Rafael Drive to Indian Canyon Drive; then south along Indian Canyon Drive to Francis Drive; then east along Francis Drive to North Farrell Drive; then south along North Farrell Drive to Verona Road; then east along Verona Road to Whitewater Club Drive; then east along an imaginary line to the intersection of Verona Road and Ventura Drive; then east along Verona Road to Avenida Maravilla; then east and south along Avenida Maravilla to 30th Avenue; then west along 30th Avenue to its end; then due west along an imaginary line to the Whitewater River; then southeast along the Whitewater River to Dinah Shore Drive; then west along an imaginary line to the east end of 34th Avenue; then west along 34th Avenue to Golf Club Drive; then south along Golf Club Drive to East Palm Canyon Drive; then south along an imaginary line to the intersection of Desterto Vista and Palm Hills Drive; then south along Palm Hills Drive to its end; then southwest along an imaginary line to the intersection of Murray Canyon and Palm Canyon Drive; then north Appling County. The entire county. ty. Chattooga County. The entire county. Fannin County. The entire county. Schley County. The entire county. LOUISIANA The entire State. MISSISSIPPI The entire State. NEW MEXICO Dona Ana County. The entire county. Anson County. The entire county. Bertie County. That portion of the county beginning at the intersection of U.S. Highway 17 North by-pass and the Bertie/Martin County line; then north along U.S. Highway 17 North by-pass to U.S. Highway 13 Business; then north along U.S. Highway 13 Business to State Road 1301; then northeast along State Road 1301 to State Highway 45; then east along State Highway 45 to State Road 1360; then east along State Road 1360 to the Bertie/Chowan County line; then south along the Bertie/Chowan County line to the Bertie/ Washington County line; then southwest along the Bertie/Washington County line to the Bertie/Martin County line; then west along the Bertie/Martin County line to the point of beginning. Bladen County. The entire county. |