USDA / USFW Insect Permits

[Wayne.F.Wehling at usda.gov]

I am enjoying the discussion regarding USDA permits.  However, in my initial
posting I pointed out that if the discussion wandered too far astray it would be
of little use for the purposes that I lined out in the initial post.  I would
like to gather useful information that can be talked over at Wake Forest (please
see my post from 6/13).

I would like to address/clarify (I hope) some points that have arisen.

1)  It took me sometime to understand the use of "Plant Pest" as it is used in
the Code of the Federal Register (CFR) and, thus, by USDA.  This is, as I stated
in my post on 6/14, any insect that feeds on a plant (please see item #4 in my
6/14 post).  This is deeply engraved in Federal Legislation and the CFR and is
not going to change.  We have all come to understand that a "plant pest" is an
organism that is injurious to plants of interest to humans.  This is not the
definition used by the federal government.

2) The USDA has the authority to regulate import and interstate movement of
Lepidoptera.  This includes the monarch and others that don't have a financial
impact on agriculture.

3) Because the monarch is a "plant pest" the USDA regulates the monarch
butterfly in order to uphold compliance agreements for the National
Environmental Policy Act (NEPA).  It is the USDA's responsibility/jurisdiction
to regulate the monarch because it is, by definition, a plant pest!

4) It will not be possible to exempt groups of Lepidoptera from regulation
without a thorough risk assessment.  Risk assessments are a fundamental tool for
connecting scientific evaluation with government oversight.  Unfortunately, many
risk assessments need to be done and the staffing is not available to accomplish
the task.

5)  The views of state officials regarding the definition of "plant pest" as
posted by others following this thread are simply misinformed.

6)  I have been told that President Clinton has signed the Plant Protection Act
and the USDA will have one year to establish the regulations for implementing
the act.

Cheers,

Wayne Wehling