Implementation of Revised Lacey Act Provisions, 39247-39248 [2016-14247]

Download as PDF 39247 Notices Federal Register Vol. 81, No. 116 Thursday, June 16, 2016 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service asabaliauskas on DSK3SPTVN1PROD with NOTICES June 13, 2016. The Department of Agriculture will submit the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13 on or after the date of publication of this notice. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, Washington, DC; New Executive Office Building, 725 17th Street NW., Washington, DC 20503. Commenters are encouraged to submit their comments to OMB via email to: OIRA_Submission@omb.eop.gov or fax (202) 395–5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250– 7602. Comments regarding these information collections are best assured of having their full effect if received by July 18, 2016. Copies of the 18:04 Jun 15, 2016 Jkt 238001 Description of Respondents: Business or other for-profit. Number of Respondents: 128. Frequency of Responses: Reporting; Weekly; Other (Daily). Total Burden Hours: 23,791. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. 2016–14264 Filed 6–15–16; 8:45 am] BILLING CODE 3410–02–P Agricultural Marketing Service Submission for OMB Review; Comment Request VerDate Sep<11>2014 submission(s) may be obtained by calling (202) 720–8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. DEPARTMENT OF AGRICULTURE Title: Livestock Mandatory Reporting Act of 1999. OMB Control Number: 0581–0186. Summary of Collection: The Livestock Mandatory Reporting (LMR) Act of 1999 (Pub. L. 106–78; 7 U.S.C. 1635–1636h) mandates the reporting of information on prices and quantities of livestock and livestock products. The 1999 Act was established to provide timely, accurate, and reliable market information on the marketing of cattle, swine, lambs, and related products. Under this program, certain livestock packers, livestock product processors and importers meeting certain criteria, including size as measured by annual slaughter are required to report market information to the Agricultural Marketing Service (AMS). On September 30, 2015, the Agriculture Reauthorizations Act of 2015 (2015 Reauthorization Act) reauthorized LMR for an additional five years, until September 30, 2020. The information is necessary for the proper performance of the functions of AMS. USDA’s market news provides all market participants, including producers, with the information necessary to make intelligent and informed marketing decisions. Need and use of the information: The information collected and recordkeeping requirements will serve as the basis for livestock and livestock product market news reports utilized by the industry for marketing purposes. The reports are used by other Government agencies to evaluate market conditions and calculate price levels. Economists at major agricultural colleges and universities use the reports to make short and long-term market projections. The information is reported up to three times daily and once weekly and is only available directly from those entities required to report under the Act. Animal and Plant Health Inspection Service PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 [Docket No. APHIS–2008–0119] Implementation of Revised Lacey Act Provisions Animal and Plant Health Inspection Service, USDA. ACTION: Notice. AGENCY: The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. Enforcement of the declaration requirement began on April 1, 2009, and products requiring a declaration are being phased-in. The purpose of this notice is to clarify that the declaration is required for all formal consumption entries of plant and plant products into the United States, including those entries from foreign trade zones and bonded warehouses. FOR FURTHER INFORMATION CONTACT: Ms. Parul Patel, Senior Agriculturalist, Permitting and Compliance Coordination, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737– 1231; (301) 851–2351. SUPPLEMENTARY INFORMATION: SUMMARY: Background The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and significantly amended in 1981, is the United States’ oldest wildlife protection statute. The Act combats trafficking in illegally taken wildlife, fish, and plants. The Food, Conservation, and Energy Act of 2008 amended the Lacey Act by expanding its protection to a broader range of plants and plant products (Section 8204, Prevention of Illegal Logging Practices). As amended, the E:\FR\FM\16JNN1.SGM 16JNN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 39248 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices Lacey Act makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken in violation of the laws of a U.S. State or any foreign law that protects plants. The Lacey Act also makes it unlawful to make or submit any false record, account, or label for, or any false identification of, any plant. In addition, Section 3 of the Lacey Act, as amended (16 U.S.C. 3372), makes it unlawful to import certain plants and plant products without an import declaration. The declaration must contain, among other things, the scientific name of the plant, value of the importation, quantity of the plant, and name of the country from where the plant was harvested. For paper and paperboard products containing recycled content, the declaration also must include the average percent of recycled content without regard for species or country of harvest. Currently, enforcement of the declaration requirement is being phased in, as described in three notices we published in the Federal Register,1 the first on February 3, 2009 (74 FR 5911, Docket No. APHIS–2008–0119), the second on September 2, 2009 (74 FR 45415, Docket No. APHIS–2008–0119), and the third on February 6, 2015 (80 FR 6681, Docket No. APHIS–2008–0019). In our February 2009 notice, we stated that we would be enforcing the declaration requirement only as to formal consumption entries (i.e., most commercial shipments). We also stated that we did not intend to enforce the declaration requirement for informal entries (i.e., most personal shipments), personal importations, mail (unless subject to formal entry), transportation and exportation entries, in-transit movements, carnet importations (i.e., merchandise or equipment that will be re-exported within a year), and U.S. Foreign Trade Zones (FTZ) and bonded warehouse entries. The Animal and Plant Health Inspection Service (APHIS) has become aware of certain instances where a Plant and Plant Product Declaration has not been filed for plant or plant products entered into the United States from FTZ and bonded warehouses. This practice is not in conformity with the purpose and intent of the Lacey Act, as amended. We are publishing this notice to make clear that such a declaration is required for all formal consumption entries of plant and plant products imported into the United States, 1 To view these notices and the comments we received, go to https://www.regulations.gov/ #!docketDetail;D=APHIS-2008-0119. VerDate Sep<11>2014 18:04 Jun 15, 2016 Jkt 238001 including those entries from FTZ and bonded warehouses. However, such declarations are not required for admission into such FTZ or bonded warehouses, which is what we were referring to in the February 2009 notice when we stated that we did not intend to enforce the declaration requirement for FTZ and warehouse entries. APHIS will continue to provide the latest information regarding the Lacey Act on our Web site, https:// www.aphis.usda.gov/plant_health/ lacey_act/. The Web site currently contains the Lacey Act, as amended; a slideshow covering background and context, requirements, commodities and products covered, information on prohibitions, and the current status of implementation of the declaration requirement of the Lacey Act; frequently asked questions; the phase-in implementation plan; a link to the Lacey Act Web Governance System (LAWGS); and the paper declaration form. The Web site will be updated as new materials become available. We encourage persons interested in receiving timely updates on APHIS’ Lacey Act efforts to register for our stakeholder registry at https:// public.govdelivery.com/accounts/ USDAAPHIS/subscriber/new/ and select ‘‘Lacey Act Declaration’’ as a topic of interest. Done in Washington, DC, this 10th day of June 2016. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016–14247 Filed 6–15–16; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service Submission for OMB Review; Comment Request June 13, 2016. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments regarding this information collection received by July 18, 2016 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: OIRA_Submission@OMB.EOP.GOV or fax (202) 395–5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250– 7602. Copies of the submission(s) may be obtained by calling (202) 720–8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Animal and Plant Health Inspection Service Title: Importation of Sand Pears from China. OMB Control Number: 0579–0390. Summary of Collection: Under the Plant Protection Act (PPA) (7 U.S.C 7701—et seq), the Secretary of Agriculture is authorized to carry out operations or measures to detect, eradicate, suppress, control, prevent, or retard the spread of plant pests new to the United States or not known to be widely distributed throughout the United States. The regulations in ‘‘Subpart—Fruits and Vegetables’’ (Title 7, CFR 319.56) prohibit or restrict the importation of fruits and vegetables into the U.S. from certain parts of the world. The Animal and Plant Health Inspection Service (APHIS) is responsible for carrying out these duties. APHIS has amended the fruits and vegetables regulations to allow the importation of Chinese sand pears from China into the United States. Need and Use of the Information: APHIS uses the following information collection activities to allow for the importation of sand pears from China into the United States while continuing to provide protection against the E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39247-39248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14247]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0119]


Implementation of Revised Lacey Act Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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

SUMMARY: The Food, Conservation, and Energy Act of 2008 amended the 
Lacey Act to provide, among other things, that importers submit a 
declaration at the time of importation for certain plants and plant 
products. Enforcement of the declaration requirement began on April 1, 
2009, and products requiring a declaration are being phased-in. The 
purpose of this notice is to clarify that the declaration is required 
for all formal consumption entries of plant and plant products into the 
United States, including those entries from foreign trade zones and 
bonded warehouses.

FOR FURTHER INFORMATION CONTACT: Ms. Parul Patel, Senior 
Agriculturalist, Permitting and Compliance Coordination, PPQ, APHIS, 
4700 River Road Unit 60, Riverdale, MD 20737-1231; (301) 851-2351.

SUPPLEMENTARY INFORMATION: 

Background

    The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and 
significantly amended in 1981, is the United States' oldest wildlife 
protection statute. The Act combats trafficking in illegally taken 
wildlife, fish, and plants. The Food, Conservation, and Energy Act of 
2008 amended the Lacey Act by expanding its protection to a broader 
range of plants and plant products (Section 8204, Prevention of Illegal 
Logging Practices). As amended, the

[[Page 39248]]

Lacey Act makes it unlawful to import, export, transport, sell, 
receive, acquire, or purchase in interstate or foreign commerce any 
plant, with some limited exceptions, taken in violation of the laws of 
a U.S. State or any foreign law that protects plants. The Lacey Act 
also makes it unlawful to make or submit any false record, account, or 
label for, or any false identification of, any plant.
    In addition, Section 3 of the Lacey Act, as amended (16 U.S.C. 
3372), makes it unlawful to import certain plants and plant products 
without an import declaration. The declaration must contain, among 
other things, the scientific name of the plant, value of the 
importation, quantity of the plant, and name of the country from where 
the plant was harvested. For paper and paperboard products containing 
recycled content, the declaration also must include the average percent 
of recycled content without regard for species or country of harvest. 
Currently, enforcement of the declaration requirement is being phased 
in, as described in three notices we published in the Federal 
Register,\1\ the first on February 3, 2009 (74 FR 5911, Docket No. 
APHIS-2008-0119), the second on September 2, 2009 (74 FR 45415, Docket 
No. APHIS-2008-0119), and the third on February 6, 2015 (80 FR 6681, 
Docket No. APHIS-2008-0019).
---------------------------------------------------------------------------

    \1\ To view these notices and the comments we received, go to 
https://www.regulations.gov/#!docketDetail;D=APHIS-2008-0119.
---------------------------------------------------------------------------

    In our February 2009 notice, we stated that we would be enforcing 
the declaration requirement only as to formal consumption entries 
(i.e., most commercial shipments). We also stated that we did not 
intend to enforce the declaration requirement for informal entries 
(i.e., most personal shipments), personal importations, mail (unless 
subject to formal entry), transportation and exportation entries, in-
transit movements, carnet importations (i.e., merchandise or equipment 
that will be re-exported within a year), and U.S. Foreign Trade Zones 
(FTZ) and bonded warehouse entries.
    The Animal and Plant Health Inspection Service (APHIS) has become 
aware of certain instances where a Plant and Plant Product Declaration 
has not been filed for plant or plant products entered into the United 
States from FTZ and bonded warehouses. This practice is not in 
conformity with the purpose and intent of the Lacey Act, as amended. We 
are publishing this notice to make clear that such a declaration is 
required for all formal consumption entries of plant and plant products 
imported into the United States, including those entries from FTZ and 
bonded warehouses. However, such declarations are not required for 
admission into such FTZ or bonded warehouses, which is what we were 
referring to in the February 2009 notice when we stated that we did not 
intend to enforce the declaration requirement for FTZ and warehouse 
entries.
    APHIS will continue to provide the latest information regarding the 
Lacey Act on our Web site, https://www.aphis.usda.gov/plant_health/lacey_act/. The Web site currently contains the Lacey Act, as amended; 
a slideshow covering background and context, requirements, commodities 
and products covered, information on prohibitions, and the current 
status of implementation of the declaration requirement of the Lacey 
Act; frequently asked questions; the phase-in implementation plan; a 
link to the Lacey Act Web Governance System (LAWGS); and the paper 
declaration form. The Web site will be updated as new materials become 
available.
    We encourage persons interested in receiving timely updates on 
APHIS' Lacey Act efforts to register for our stakeholder registry at 
https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new/ and 
select ``Lacey Act Declaration'' as a topic of interest.

    Done in Washington, DC, this 10th day of June 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-14247 Filed 6-15-16; 8:45 am]
BILLING CODE 3410-34-P
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