FW: Importing herbarium specimens

Thu May 23 10:24:56 CDT 2002

From: Sally Shelton [Shelton.Sally at NMNH.SI.EDU]
Sent: Thursday, May 23, 2002 9:26 AM
To: PERMIT-L at SIVM.SI.EDU
Subject: Importing herbarium specimens

From: Polly.P.Lehtonen at aphis.usda.gov

This information is in response to the recent postings
about difficulties importing herbarium specimens.  It is
intended to explain the issues involved and why
port-of-entry clearance is not always quick and easy.
Determining the entry status of herbarium specimens is
complex, requiring three pages of decision-making tables in
the Animal and Plant Health Inspection Service (APHIS),
Plant Protection and Quarantine (PPQ) port-of-entry manual.

APHIS inspectors are charged with enforcing several laws
passed by the United States Congress to protect agricultural
and environmental resources; the Plant Protection Act, the
Endangered Species Act and the Convention on International
Trade in Endangered Species (CITES).

Several regulations under these laws apply to the
importation of herbarium specimens.  The noxious weed
regulations (7 CFR 360) require a plant pest permit (PPQ
form 526) for any of the listed weed species if seeds or
other propagules are present.  Various quarantines restrict
plant material  associated with plant pests that are not
easily detectable.  For example, under the citrus quarantine
(7 CFR 319.19), citrus specimens from countries known to be
infested with citrus canker are prohibited unless they are
accompanied by a departmental permit (PPQ form 588).  Other
quarantines affect cotton, corn and its relatives,
sugarcane, rice, coffee and wheat. The plant pest
regulations (7 CFR 330) restrict the movement of plant
pests, including insects, pathogens and parasitic plants.

Specimens regulated under CITES (50 CFR 23) require CITES
export permits from the country of origin unless the plant
part is specifically exempted. Specimens may require CITES
import permits issued by the U.S. Fish and Wildlife Service
if the species is listed in CITES Appendix I.  Specimens of
CITES-protected species may enter without CITES permits if
the packages bear a special CITES label used for exchanges
between CITES-registered scientific institutions.  Specimens
regulated under the Endangered Species Act (50 CFR 17) must
be accompanied by permits issued by the U.S. Fish and
Wildlife Service.  The General Permit (PPQ form 622) is
required for plants under 7 CFR 355, the endangered species
regulations concerning terrestrial plants.

A site inspection may be required when the recipient wants
to receive a live plant pest.  For example, if a herbarium
specimen is itself enterable, but is infected with a
pathogen that the importer intends to culture, the
associated pathogen would require a plant pest permit.  A
site inspection would be required, to ensure that the
receiving facility is capable of containing the regulated
organism.

The advice posted recently to "ignore the requirement for
destroying the specimens at the end of the project period"
can lead to civil penalties. Since September 11, APHIS is
tightening up enforcement activities for plant pest permits.
 As long as the permittee holds the regulated organism, he
or she must  keep the plant pest permit current.  Rather
than ignore the legally-binding permit condition requiring
destruction of the organism at the expiration of the permit,
the permittee should apply for a new permit.

Uneven treatment at ports-of-entry may be partially
attributable to differences in shipments.  APHIS inspectors
must determine if any restrictions apply, which depends on
the identity of the specimens. As you know, herbarium
specimen identifications are sometimes lacking or
incomplete.  A shipment of specimens that are identified to
species usually sails through inspection, but a shipment
full of unidentified plants, some pathogen-infected, some
with seeds, may be held up for days or longer, while
inspectors attempt to rule out regulated taxa or wait for
the importer to apply for necessary permits.

Herbarium specimens do not require phytosanitary
certificates from the countries of origin, but do not
confuse a phytosanitary certificate, which is issued by the
exporting country, with an import permit, which is issued by
APHIS.  Import permits may be required, depending upon the
identity of the imported plants and the results of
inspection. Currently, PPQ charges no fee for plant pest
permits or departmental permits.

To minimize the risk of delays at the border, an importer
should make sure specimens are pest-free and identified to
the extent possible.  It's a good idea to review the list of
regulated plants on the PPQ web site before leaving the
country, to find out categories of plants that may be
restricted.  Check the document at
http://www.aphis.usda.gov/ppq/permits/plantproducts/seedweb.html.
 Although it is specifically about seeds for planting, it
contains a good summary of the categories of plants
regulated under various quarantines.  The Federal noxious
weed list is on this web site:
http://www.aphis.usda.gov/ppq/weeds/index.html.  If you
know in advance that species you intend to collect are
restricted, submit the PPQ permit applications at least two
months before you leave the country.

Some comments have been made about APHIS not seeking input
from the regulated public. Federal agencies develop
regulations under the Administrative Procedures Act, with
opportunity for public comment.  We invite you to register
as a PPQ stakeholder, so that you will receive notices of
proposed rulemaking in the areas you indicate as an
interest. Go to http://www.aphis.usda.gov/ppq/,  then click
on "Join the PPQ Stakeholder Registry" in the center
column.

APHIS representatives will be present to answer questions
at the Natural Science Collections Alliance meeting Friday,
June 7.  Other contacts in APHIS that may be of use:

Plant Inspection Station or CITES issues:
Bud.petitdemange at aphis.usda.gov
Federal noxious weed and parasitic plant permits:
Polly.p.lehtonen at aphis.usda.gov
All other types of plant import permits:
Deborah.m.knott at aphis.usda.gov=

Sincerely,

Polly P. Lehtonen, Botanist
USDA, APHIS, PPQ
Biological and Technical Services
4700 River Road, Unit 133
Riverdale, MD 20737