October 29, 2010

Dr. Wayne Wehling wrote:

USDA APHIS is far along with our plans to revise the Plant Pest Regulations (7 CFR 330).  The regulations have not been update in more than 10 years and need many adjustments and expansions to address our fast changing times.  We have been working on it for many years and we are getting closer to  completion.  The working draft has cleared management review and is now being reviewed by the Office of General Council (OGC).  Following review by General Council and presumably several rounds of adjustments, the document will be ready for Federal Register publication and the open public comment period.  I will notify organization leaders and post email list groups when this happens.  It will probably be Spring 2011.  We have finished arguing over the science and what we want and need in the regulation.  What is left is fine-tuning at the legal language level.  The Plant Pest Regulations cover everything to do with importing, moving insects (and other plant pests, soil, etc.) interstate, or possessing exotic plant pests.  These regulations include butterflies and moths for environmental release and or exhibit.

One change we are hoping to make is the regulation of a list of plant pests that would no longer require a permit to move interstate.  Our plan is to reference this list in the regulations but keep the actual list on our web site.  The regulations would discuss requirements for moving the organisms but these would not require a permit.   The proposed regulations include instructions for requesting the addition or deletion of organisms to/from the list.  Changes to the list would be made with public notification via a Federal Register notice.   The list would not be in the Code of Federal Regulations but only on our web site.

We are calling this our “permit by regulation” or PBR list.  Presently the proposed list has 126 insects.  The organisms proposed for the PBR list includes seven Lepidoptera of possible interest to educators and celebration suppliers.  Keep in mind that species could be deleted from this list before or after the proposed regulation is published for public review.  These Lepidoptera have been reviewed by several organizations including the National Plant Board so we feel we have by-in from state departments of agriculture.  The National Plant Board is one of the most significant advisory groups for APHIS.

Seven Lepidoptera proposed for Permit by Regulation:

Painted lady, Vanessa cardui

American lady, Vanessa virginiensis

Red admiral, Vanessa atalanta

Cabbage white, Pieris rapae

Polyphemus silkmoth, Antheraea polyphemus

Whitelined sphinx, Hyles lineata

Tomato hornworm, Manduca quinquimaculata

I realize there are many species that you would like to see on this list such as the six remaining butterflies from the environmental release matrix or moths such as the luna, cercropia, polyphemus, etc.  Many of these were considered but are not appropriate because they do not have a distribution across the contiguous US.

Nothing else about the regulation revisions should affect the butterfly release industry.

Changing the subject completely, I am also reviewing restrictions on monarchs from Western States going to Arizona for environmental release. It might be that Arizona State officials have reconsidered their position on the matter.  I will be investigating this in the coming months.

That pretty much summarizes everything going on with butterflies allowed for environmental release.

Cheers,

Wayne Wehling

For clarification, the AFB directors asked a few questions and Dr. Wehling answered them for us.

Questions that the AFB directors asked are:

      1.  If everything goes on course, the three Vanessa’s and Cabbage Whites will not need permits to be shipped across state lines, right?

      RIGHT, BUT THERE WILL BE SOME HANDLING/SHIPPING REQUIREMENTS PUBLISHED IN THE FEDERAL REGULATIONS BUT NO PERMITS REQUIRED. SOME STATES ARE EXPECTED TO REQUEST THEY NOT PARTICIPATE IN WHICH CASE PERMITS MIGHT BE REQUIRED FOR SELECT STATES.

      2.  There will be 6 moths that will be allowed to be shipped between states, right?

      I COUNT ONLY THREE THAT WOULD BE OF INTEREST TO THIS GROUP.

      Polyphemus silkmoth, Antheraea polyphemus

      Whitelined sphinx, Hyles lineata

      Tomato hornworm, Manduca quinquimaculata

      3.  This can change at any time and the final date for this hopefully is 2011 in the spring, right?

      FROM WHAT I HEARD YESTERDAY IT SOUNDS LIKE LATE WINTER 2012.

      4.  This won’t affect the industry other than we will only need to get permits for 6 butterflies now instead of 9 and that we have another butterfly that can be shipped across state lines, right?

      I DON’T SEE THAT THERE WILL BE ANY OTHER AFFECTS.

      5.  It is then up to the states to stop the shipment of one of these butterflies.  How will we be notified for the states that do not permit one of these butterflies in?

      IT WILL BE PUBLISHED IN THE FEDERAL REGISTER AND ALSO LISTED WITH THE DOCUMENTS ON OUR WEBSITE.  IT APPEARS THAT MANY THINGS IN THE

      REGULATIONS WILL REFERENCE WEBSITE LISTS AND OTHER UPDATES.

      6.  Will we need to regularly contact each state to make sure that we are allowed to ship in these butterflies?  NO

      7.  What happens to a state like NY?  Will we still be considered to limit a release to 50?  Or will that only be for the ones that we get permits for?

      I’M NOT ALTOGETHER CLEAR ON THIS.  WE ARE NOT RELINQUISHING OUR AUTHORITY TO REGULATED THESE BUTTERFLIES JUST NO LONGER REQUIRING A PERMIT.  AS I UNDERSTAND IT THIS WOULD NOT CHANGE ANYTHING ABOUT HOW STATES LIKE NEW YORK REGULATE BUTTERFLIES UNDER STATE LEVEL AUTHORITY FOR NON PLANT PEST REASONS.