82 FR 48787 - Implementation of Revised Lacey Act Provisions

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range		48787-48788
FR Document		2017-22800

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. The declaration requirements of the Lacey Act became effective on December 15, 2008, and enforcement of those requirements is being phased in. In 2009, we initiated a blanket declaration pilot program for participants in U.S. Customs and Border Protection's expedited border release programs. In this notice, we are announcing the end of the blanket declaration pilot program and providing guidance on how participants in the program may continue to file declarations as required by the Lacey Act.

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)

[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48787-48788]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-22800]

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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.

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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. The declaration requirements of the Lacey Act became
effective on December 15, 2008, and enforcement of those requirements
is being phased in. In 2009, we initiated a blanket declaration pilot
program for participants in U.S. Customs and Border Protection's
expedited border release programs. In this notice, we are announcing
the end of the blanket declaration pilot program and providing guidance
on how participants in the program may continue to file declarations as
required by the Lacey Act.

DATES: The blanket declaration pilot program will end on April 18,
2018.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Schading, Regulatory
Policy Specialist, Permitting and Compliance Coordination, Compliance
and Environmental Coordination Branch, PPQ, APHIS, 4700 River Road Unit
60, Riverdale, MD 20737-1231; (301) 851-2045.

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, effective May 22, 2008, amended the Lacey Act by expanding its
protections to a broader range of plants and plant products (Section
8204, Prevention of Illegal Logging Practices). As amended, the Lacey
Act now makes it unlawful to, among other things, import, export,
transport, sell, receive, acquire, or purchase in interstate or foreign
commerce any plant, with some limited exceptions, taken, possessed,
transported, or sold in violation of any Federal, State, tribal, or
foreign law that protects plants or that regulates the theft of plants;
the taking of plants from a park, forest reserve, or other officially
protected area; the taking of plants from an officially designated
area; or the taking of plants without, or contrary to, required
authorization.
In addition, Section 3 of the Lacey Act, as amended, makes it
unlawful, beginning December 15, 2008, to import 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 the name of the country in
which the plant was harvested. Currently, enforcement of the
declaration requirement is being phased in, as described in five
notices published in the Federal Register.\1\
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\1\ To view these notices and the comments we received, go to
http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0119.
---------------------------------------------------------------------------

Commenters on these notices asked that we consider establishing a
program through which importers could submit periodic blanket
declarations instead of submitting declarations with each shipment. The
commenters noted that such declarations would reduce the paperwork
burden on affected entities, reduce costs, and could, in addition,
improve the quality and usefulness of the information collected. Some
commenters provided detailed descriptions of possible blanket
declaration programs.
In response to these comments, the Animal and Plant Health
Inspection Service (APHIS) began a pilot blanket declaration program on
May 1, 2009 for participants in U.S. Customs and Border Protection's
(CBP's) expedited border release programs, Automated Line Release (ALR)
or Border Release Advance Screening and Selectivity (BRASS) in CBP's
Automated Commercial System (ACS). This pilot program tested the
feasibility of collecting the required information through the use of a
monthly ``blanket'' declaration, with subsequent reconciliation
reports. Blanket declarations could be used to declare routine and/or
repeat shipments. The pilot program for the Lacey Act blanket
declaration was open only to those entities participating in ALR or
BRASS. Eligible importers who wished to participate in the pilot were
required to send a letter to APHIS specifically requesting
participation in the program. Eighty-two individual companies
registered a total of 119 participants with the pilot program. We note
that by January 2017, only eight companies were still participating in
the program.
Executive Order 13659 required CBP to create a ``single window''
for trade to file entries through its Automated Commercial Environment
(ACE). As a result, the ACS was discontinued and entries are no longer
filed in that system.
Due to the development of the ACE system, and a diminishing number
of participants, APHIS has decided to end the pilot program on April
18, 2018. CBP's BRASS program will continue to operate as it did prior
to the creation of the pilot program, and participants in the blanket
declaration pilot program will not lose their line release status in
the expedited border release programs. When the program ends, importers
whose products are subject to the Lacey

[[Page 48788]]

Act declaration requirement and clear under the BRASS program are
advised to file the required declaration information along with their
CBP entry summary documentation.

Additional Information

APHIS will continue to provide the latest information regarding the
Lacey Act on our Web site, http://www.aphis.usda.gov/plant_health/lacey_act/. The Web site currently contains the full text of the Lacey
Act, as amended; a slideshow covering background and context,
requirements, commodities and products covered, information on
prohibitions, the current status of implementation of the declaration
requirement of the Lacey Act, and frequently asked questions. 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 16th day of October 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-22800 Filed 10-19-17; 8:45 am]
BILLING CODE 3410-34-P

Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48787

displays a currently valid OMB control effective on December 15, 2008, and described in five notices published in
number. enforcement of those requirements is the Federal Register.1
being phased in. In 2009, we initiated a Commenters on these notices asked
Food and Nutrition Service that we consider establishing a program
blanket declaration pilot program for
Title: Evaluation of Alternatives to participants in U.S. Customs and Border through which importers could submit
Improve Elderly Access to Protection’s expedited border release periodic blanket declarations instead of
Supplemental Nutrition Assistance programs. In this notice, we are submitting declarations with each
Program (SNAP) Study. announcing the end of the blanket shipment. The commenters noted that
OMB Control Number: 0584–NEW. declaration pilot program and providing such declarations would reduce the
Summary of Collection: The Food and paperwork burden on affected entities,
guidance on how participants in the
Nutrition Service (FNS), under reduce costs, and could, in addition,
program may continue to file
authorization of SEC. 17. [7 U.S.C. 2026] improve the quality and usefulness of
declarations as required by the Lacey
of the FOOD AND NUTRITION ACT OF the information collected. Some
Act.
2008, as amended, intends to conduct commenters provided detailed
the Evaluation of Alternatives to DATES:The blanket declaration pilot descriptions of possible blanket
Improve Elderly Access. FNS is program will end on April 18, 2018. declaration programs.
interested in exploring whether policy In response to these comments, the
options designed to improve access to FOR FURTHER INFORMATION CONTACT: Mr. Animal and Plant Health Inspection
the Supplemental Nutrition Assistance Richard Schading, Regulatory Policy Service (APHIS) began a pilot blanket
Program (SNAP) for the elderly are Specialist, Permitting and Compliance declaration program on May 1, 2009 for
effective. The objective of the study is Coordination, Compliance and participants in U.S. Customs and Border
to better understand how to maximize Environmental Coordination Branch, Protection’s (CBP’s) expedited border
elder (60+) access to SNAP. PPQ, APHIS, 4700 River Road Unit 60, release programs, Automated Line
Need and Use of the Information: Riverdale, MD 20737–1231; (301) 851– Release (ALR) or Border Release
This study will provide FNS with a 2045. Advance Screening and Selectivity
better understanding of the barriers to SUPPLEMENTARY INFORMATION: (BRASS) in CBP’s Automated
serving elderly populations in SNAP Commercial System (ACS). This pilot
and the extent to which available policy Background program tested the feasibility of
options improve program access, collecting the required information
whether certain program models or The Lacey Act (16 U.S.C. 3371 et
through the use of a monthly ‘‘blanket’’
combinations are more effective than seq.), first enacted in 1900 and
declaration, with subsequent
others, and what tradeoffs exist between significantly amended in 1981, is the
reconciliation reports. Blanket
program simplification/access goals and United States’ oldest wildlife protection
declarations could be used to declare
ensuring benefit adequacy. statute. The Act combats trafficking in
routine and/or repeat shipments. The
Description of Respondents: illegally taken wildlife, fish, and plants. pilot program for the Lacey Act blanket
Individuals/Households (681); Business- The Food, Conservation, and Energy Act declaration was open only to those
not-for-profit (90) and State, Local & of 2008, effective May 22, 2008, entities participating in ALR or BRASS.
Tribal agencies (253). amended the Lacey Act by expanding its Eligible importers who wished to
Number of Respondents: 1,024. protections to a broader range of plants participate in the pilot were required to
Frequency of Responses: Reporting: and plant products (Section 8204, send a letter to APHIS specifically
Once. Prevention of Illegal Logging Practices). requesting participation in the program.
Total Burden Hours: 1,380. As amended, the Lacey Act now makes Eighty-two individual companies
Ruth Brown, it unlawful to, among other things, registered a total of 119 participants
import, export, transport, sell, receive, with the pilot program. We note that by
Departmental Information Collection
Clearance Officer. acquire, or purchase in interstate or January 2017, only eight companies
[FR Doc. 2017–22793 Filed 10–19–17; 8:45 am]
foreign commerce any plant, with some were still participating in the program.
limited exceptions, taken, possessed, Executive Order 13659 required CBP
BILLING CODE 3410–30–P
transported, or sold in violation of any to create a ‘‘single window’’ for trade to
Federal, State, tribal, or foreign law that file entries through its Automated
DEPARTMENT OF AGRICULTURE protects plants or that regulates the theft Commercial Environment (ACE). As a
of plants; the taking of plants from a result, the ACS was discontinued and
Animal and Plant Health Inspection park, forest reserve, or other officially entries are no longer filed in that
Service protected area; the taking of plants from system.
an officially designated area; or the Due to the development of the ACE
[Docket No. APHIS–2008–0119]
taking of plants without, or contrary to, system, and a diminishing number of
Implementation of Revised Lacey Act required authorization. participants, APHIS has decided to end
Provisions In addition, Section 3 of the Lacey the pilot program on April 18, 2018.
Act, as amended, makes it unlawful, CBP’s BRASS program will continue to
AGENCY: Animal and Plant Health operate as it did prior to the creation of
beginning December 15, 2008, to import
Inspection Service, USDA. the pilot program, and participants in
plants and plant products without an
ACTION: Notice. the blanket declaration pilot program
import declaration. The declaration
srobinson on DSKBC5CHB2PROD with NOTICES

must contain, among other things, the will not lose their line release status in
SUMMARY: The Food, Conservation, and the expedited border release programs.
Energy Act of 2008 amended the Lacey scientific name of the plant, value of the
importation, quantity of the plant, and When the program ends, importers
Act to provide, among other things, that whose products are subject to the Lacey
importers submit a declaration at the the name of the country in which the
time of importation for certain plants plant was harvested. Currently, 1 To view these notices and the comments we
and plant products. The declaration enforcement of the declaration received, go to http://www.regulations.gov/
requirements of the Lacey Act became requirement is being phased in, as #!docketDetail;D=APHIS-2008-0119.

VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1

Document Created: 2017-10-20 00:06:19
Document Modified: 2017-10-20 00:06:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		The blanket declaration pilot program will end on April 18, 2018.
Contact		Mr. Richard Schading, Regulatory Policy Specialist, Permitting and Compliance Coordination, Compliance and Environmental Coordination Branch, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1231; (301) 851-2045.
FR Citation		82 FR 48787

82 FR 48787 - Implementation of Revised Lacey Act Provisions

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 82, Issue 202 (October 20, 2017)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service