USDA / USFW Insect Permits

[Eric or Pat Metzler]

Thank you Wayne, for continuing to inform us that legalize often is contrary
to "common sense," whatever common sense is.  I hope all readers are taking
note that Congress, with a lot of input from interest groups, is making the
definitions.  Or Congress is giving governmental agencies, through the rule
making process, the authority to make definitions.  In either case,
interested persons have to make their thoughts known to elected
representatives, or take a very active role in the rule making process which
is always published in the Federal Register.  Interested persons have to
share their thoughts in writing.

Sharing our thoughts here, about how these terms may or may not make sense,
can muster support for a point of view.  All is for naught however, unless
direct action is taken.  Direct action with either legislation or rules is
the only way to affect a change.

And shame on the state officials who didn't know the Federal Regulations
when they told individuals is was OK to release butterflies across state
lines without a Federal permit.

On the other hand, if people don't have the replies from the state officials
in writing, there is no reply - it's just heresay.  The only way to get an
official reply to ask the question in writing.

Eric
Columbus OH

<Wayne.F.Wehling at usda.gov> wrote in message
news:852568FF.0077DC4D.00 at mddcs41.aphis.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
>