FEDERAL
DOMESTIC QUARANTINE ORDER
Giant African Snail (Lissachatina fulica)
DA-2012-12
April 13, 2012
The purpose of this Federal Order is to prevent the spread of Lissachatina fulica (Giant African Snail or GAS), formerly Achatina fulica,
through regulatory authority provided by Section 412(a) of the Plant Protection
Act of June 20, 2000, as amended, 7 U.S.C. 7712(a), which authorizes the
Secretary of Agriculture to prohibit or restrict the movement in interstate
commerce of any plant, plant part, plant product or article if the Secretary
determines that the prohibition or restriction is necessary to prevent the
dissemination of a plant pest within the United States.
The GAS, outside of Hawaii, is not known to occur in the United
States. However, this plant pest was
detected in Miami-Dade County, Florida, in September 2011. The Administrator of
the APHIS now considers it necessary, in order to prevent the dissemination of
GAS, to establish restrictions on the interstate movement of certain regulated
articles from Florida due to the presence of GAS. Therefore, effective
immediately, all interstate movement of regulated articles from the quarantined
areas within the boundaries described below must be done in accordance with the
provisions of this Federal Order.
A.
Quarantined
Areas
The Administrator will list as a quarantined area each State, or
each portion of a State, where GAS has been confirmed by an inspector to be
present, in which the Administrator has reason to believe that GAS is present,
or that the Administrator considers necessary to regulate because of its
inseparability for quarantined area enforcement purposes from localities in
which GAS has been found.
Less than an entire State will be designated 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 that are substantially the same as those imposed by the
Administrator on the interstate movement of regulated articles in accordance
with this order; and
2.
The
designation of less than the entire State as a quarantined area will be
sufficient to prevent the interstate spread of GAS.
The Administrator or an inspector may temporarily designate any
non-quarantined area as a quarantined area.
The Administrator or inspector will give a copy of this Order, along
with a written notice for the temporary designation, to the owner or person in
possession of the area to be established as a quarantined area. Thereafter, the interstate movement of any
regulated article from an area temporarily designated as a quarantined area
will be subject to this Order. When
feasible, this area will be added to the list of quarantined areas or the
designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area
for which a quarantine designation is terminated will be given notice of the
termination as soon as possible.
The areas designated as quarantined areas are posted on the APHIS
GAS website: http://www.aphis.usda.gov/plant_health/plant_pest_info/gas/index.shtml
B.
Regulated
Articles
1.
All life
stages of Lissachatina fulica (GAS);
2.
Plants;
3.
Plant
parts;
4.
Yard waste;
5.
Any article
capable of transporting or harboring plant feeding snails, including, but not
limited to, soil, debris, compost, and building materials (e.g., bricks, tiles,
concrete)
C.
Conditions
for interstate movement of regulated articles
No person may move interstate from any quarantined area any
regulated article except in accordance with this Federal Order. Permit and other requirements for interstate
movement of plant pests, which includes any life stages of GAS regulated under
this Federal Order, are contained in 7 CFR part 330.
Other regulated articles listed may only be moved interstate from a
quarantined area if accompanied by certificates issued by an inspector or
person operating under a compliance agreement in accordance with the Giant
African Snail Regulatory Protocols listed on the APHIS website: http://www.aphis.usda.gov/plant_health/plant_pest_info/gas/index.shtml
D.
Compliance
Agreements
1.
Any person
engaged in growing, processing, handling, or moving regulated articles may
enter into a compliance agreement when an inspector determines that the person
understands the provisions contained in the compliance agreement, agrees to
comply with its provisions, and agrees to comply with this Federal Order.
2.
Any
compliance agreement may be canceled, either orally or in writing, by an
inspector whenever the inspector finds that the person who has entered into the
compliance agreement has failed to comply with the provisions of the compliance
agreement or this Federal Order.
E.
Definitions
Administrator. The Administrator, Animal and Plant Health Inspection Service, or
any person authorized to act for the Administrator.
Certificate. An
official stamp or imprint, form, or other document authorized by the
Administrator to affirm that a specified regulated article is eligible for
interstate movement to any destination.
Compliance agreement. A written agreement between an inspector and a person engaged in
growing, handling, or moving regulated articles, wherein the person agrees to
comply with the provisions contained in the compliance agreement and this
Federal Order.
Giant African Snail. Any life stage of Lissachatina fulica, formerly Achatina fulica.
Inspector. Any employee of APHIS or
other person authorized by the Administrator to perform the duties required
under this Federal Order.
Plant. The term
“plant” means any plant (including any plant part) for or capable of
propagation, including a tree, a tissue culture, a plantlet culture, pollen, a
shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a
seed.
Quarantined area. Any area within which a quarantine pest is
present and is being officially controlled.
.