 |
|
|
|
|
Public Comments Requested on Proposed National Aquaculture Program by USDA-APHIS [Federal Register: May 4, 1999
(Volume 64, Number 85)] Proposed Rules
This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE
[Docket 98-085-1] SUPPLEMENTARY INFORMATION: Background The United States Department of Agriculture (USDA) has received 21 petitions asking us to promulgate animal health regulations and perhaps other regulatory programs to deal with farm-raised fin fish as livestock. These petitions are from State farm bureaus, industry associations, individual producers, State officials, and businesses that serve aquaculture industries. One petition requested that we define domesticated farm-raised fish as livestock "so that USDA can provide farmers with needed services identical to those received by other American farm raised animals." Most of the petitions we have received addressed only farm-raised fin fish. However, several addressed a broader range of aquatic species. One letter stated that we should recognize the entire industry--"clams, aquatic plants, alligators, tropical fish, and fish raised for human consumption"—as "general farming." One stated that we should define "farmed aquatic animals, such as fish and shrimp," as livestock. Another asked us to define "domesticated farm-raised fish and shellfish" as livestock. Other letters suggested that we consider domestically raised fish and shellfish as livestock, and stated that "[a]quatic farmers are a diverse group growing a number of species of fish, crustaceans, and mollusks." The petitioners are concerned mainly with receiving the same services that domestic producers of livestock receive for animals moving in interstate and foreign commerce. Examples are diagnostic and certification services, protecting the industry by preventing importation of pests and diseases, and supporting commerce by simplifying interstate movement (now, each State sets its own requirements). Based on the petitions, it is difficult for us to determine what segments of the aquaculture industry want services and exactly what services they want. It is also difficult to determine what the different petitioners want to accomplish by inviting Federal regulation. The Animal and Plant Health Inspection Service (APHIS) is authorized to regulate to protect the health of livestock and poultry in the United States. We have many regulatory programs covering poultry, horses, swine, cattle, and other livestock. Our regulatory programs also cover animals that could transmit diseases or pests of livestock or poultry. Our programs for "traditional" livestock are intended to: (1) Prevent the importation of diseases and pests; (2) regulate interstate movement in a uniform manner; (3) provide diagnostic laboratory services; (4) regulate vaccines and biologic reagents used in animals; and (5) control and/or eradicate diseases and pests already found in the United States. Based on the petitions we have received, we are considering whether to expand services to farm-raised fin fish. We already provide some services to aquaculture industries. Specifically, we provide laboratory diagnostic services, endorse export health certificates for aquatic animals and aquatic animal products, and license vaccines and biologic reagents for use in aquatic animals. We also control damage done by wild birds and other animals to farmed aquatic animals. Some of these services are paid for through user fees and cooperative agreements. If we were to offer additional services and programs, we would need funds to pay for them. We are interested in comments on how such services and programs should be funded. What Programs and Regulations Should We Establish? Before we decide whether to propose regulations covering farm-raised fin fish, we want the views and recommendations of all interested persons on the following specific issues:
How Should We Conduct Rulemaking? Developing a new regulatory program can be very complicated. It is important that we establish reasonable goals and adopt workable programs to achieve them. We will need to collect reliable information on the costs and benefits of any program. Public participation and input in the rulemaking process is vital to success. In the rulemaking process, we can either draft proposed regulations ourselves or use negotiated rulemaking to develop the proposals. In negotiated rulemaking, an agency brings together the groups that are interested in or would be affected by proposed regulations. Working together, agency employees and representatives of interested and affected groups negotiate the text of a draft proposed rule. Whether we draft a proposed rule ourselves, or use negotiated rulemaking, later steps in the rulemaking process would be the same. We would publish any proposed rule in the Federal Register, including an analysis of the costs and benefits, and invite the public to submit comments. After reviewing all the comments we receive, we would decide upon what further action to take. Therefore, we are asking for comments from interested persons regarding the desirability of using a negotiated rulemaking process should we decide to proceed with rulemaking affecting farm-raised fin fish or other aquatic animals. Authority: 5 U.S.C. 5542; 7 U.S.C. 147b; 21 U.S.C. 111-114a, 114b-114c, 114h, 115, 117-130, 134, 134(a)-134(h), 135a, 136, and 136a; 7 CFR 2.22, 2.80, and 371.2(d).
[FR Doc. 99-11130 Filed 5-3-99; 8:45 am] BILLING CODE 3410-34-P
|