USDA / USFW Insect Permits

[Paul Cherubini]

Eric Metzler wrote:

> And shame on the state officials [in WA, ID, & UT] who didn't know the
> Federal Regulations when they told individuals is was OK to release
> [monarch] butterflies across state lines without a Federal permit.

The State officials did know about the Federal Regulations. They knew that
since passage of the Federal Plant Protection Act in 1959 it has been technically
illegal to move live monarchs and any other insects (except 
exempted species like Ladybugs) across state lines without a permit. But the 
law had not been enforced all those years (for native butterflies that do not 
damage crops).

On Sept. 20, 1997 Dr. Robert Flanders of the USDA admitted (on dplex-l) 
that both States and the USDA had an unwritten "hands off" policy since 1959 
in regard to enforcing this law for native butterflies. He wrote:

"Please note that the interstate movement and environmental release
of butterflies is regulated by USDA under the Federal Plant Pest Act.
USDA has had this authority/jurisdiction since the passage of the Act
in 1959, but has not vigorously enforced it in the past for shipments
and releases of living native butterflies."
The recent commercialization of such activities is now forcing
USDA and several State Departments of Agriculture to reexamine
their previous [unwritten] hands-off approach. Under the Federal Plant Pest Act,
[of 1959] USDA is now requiring permits for commercial shipments between
States for all native butterflies, including the monarch."

So a key point here is that in the mid-1990's USDA finally began requiring
permits for even native insects [butterflies] that are not pests of crops, even
though technically it had this "responsibility/jurisdiction" (to use 
Wayne Wehling's words) since 1959. A few days ago,
Wayne further stated: "Regulations for butterflies came about 
[in the mid-1990's] because of the rapid growth in interstate movement."

I am not clear about what Wayne means by "new regulations". What new regulations
pertaining to butterflies were WRITTEN and passed out to State officials in the
mid-1990's?  Or was it just the previous unwritten "hands off" policy that was 
reversed? In any case, considering that for 30 years, both State Ag Dept's and the
USDA had an unwritten "hands off" policy in regard to enforcing the Federal Plant 
Pest Act of 1959 for native butterflies, it is easy for me to understand why States
may still sometimes tell people it's OK to move monarchs
between states without a permit. I mean imagine a third grade teacher in Minneapolis
calling the Minnesota State Ag Dept. and saying: "I want to collect a dozen monarch
caterpillars a hour's drive away in Wisconsin this weekend for my class. Do I need
a federally issued permit to do this (bring them back to Minnesota) ?  What State 
Ag official is going to be so technocratic as to require this teacher to go
through the 3-6 month federal permitting process for 12 monarch caterpillars?
OK some will, but many will likely tell her not to worry about it.

I would like to return to Wayne's comment on June 15 "Regulations for butterflies 
[in the mid-1990's] came about because of the rapid growth in interstate movement." 
The next logical question is why does the USDA now want to conduct a discussion 
group/meeting for the Lep. Soc. Meeting at Wake Forest in July? According to Wayne
Wehling's comments last week (June 14) people rearing Saturniid's at home as a
hobby are being targeted by USDA for permit requirements and enforcement and
his purpose at the meeting is to explain that "currently, these kinds of activities are illegal"
and to explain "what can be done to help lepidopterist's comply with these regulations"
Note Wayne further stated "I will not respond to email that slams the government or 
discusses why the USDA regulates these insects."

But the question of WHY REGULATE seems to be the central mystery here.What 
underlying pressing legal or biological need is behind the USDA's urgency to
regulate the butterfly/moth hobbyist now, when the USDA has had this  
"responsibility/jurisdiction" (to use Wayne's words) since 1959? Everyone including 
the government got along fine for 30 years with the previous unwritten "hands off" 
policy. Why not continue this policy indefinitely instead of threatening hobbyist's
with $500,000 fines?

There are certainly other examples in the federal government where a "hands off" policy 
of dealing with laws that don't serve the public interest has been pursued. Example: 
The unwritten "don't ask, don't tell policy" in regard to gays in the military. We don't 
hear the Defense Dept saying it has the legal "responsibility/jurisdiction" to ban
gay people from the military and then following this up with: "we will not respond
to email that discusses why the Defense Dept. regulates gays in the military".

Paul Cherubini