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From: SHERIFFORR at AOL.COM
Subject: About the proposal for Limitations on Seed distribution
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Please read the reply to my letter addressed to Alan Tasker at APHIS..
I believe that this response puts the matter to bed.. Thank goodness..
As I read this, there is problem with our seed exchange.  Richard Orr
Monroe, CT

*************************************************************************=*****

*****
E-mail response below...
Subj: Re: About the proposal for Limitations on Seed distribution
Date: 4/19/02 9:35:59 AM Eastern Daylight Time
From: <A HREF="mailto:Alan.V.Tasker at aphis.usda.gov">Alan.V.Tasker at aph=is.usda.gov</A>
To: <A HREF="mailto:SHERIFFORR at aol.com">SHERIFFORR at aol.com</A>
Sent from the Internet (Details)
In response to your inquiry, let me clarify a few things.

>I am writing with respect to the proposal of the Invasive Species Counci=l
to impose severe restrictions on seed and plant shipments within USA and =from
other countries, including Canada.

Response:
The Invasive spp. council has no regulatory authority, they are a
coordination and advisory group, established by an Executive Order signed
by former President Clinton. Therefore they connot propose restrictions o=r
regulations on shipments either within or into the US.

>I now understand that this has been put on the backburner, but I wish to
express my concern that this ill-conceived proposal would severely restri=ct
my participation in the seed exchange within members of the Ariseama Seed
Exchange, which is operated by volunteers, and the major collection point=is
in Canada, with contributions coming from as far away as New Zealand, for

Response:
There is nothing to put on a back burner.  APHIS published for public
comment an Action plan regarding the Noxious weed regulatory program.
Unfortunately, much of the criticism of the Action Plan is based on what
appears to be someone's interpretation of the Action Plan, rather than th=e
Action Plan.  The plan is available on the APHIS Weed Program website
www.aphis.usda.gov/ppq/weeds .

>Undoubtedly, this would also have a serious impact upon other seed produ=cers
and nurseries, since they proposal required a Phytosanitary inspection an=d
report with each and every shipment.

Response:
Import or interstate movement of Federal noxious weeds (or other regulate=d
species) already requires a Federal permit. The recommended changes in th=e
Action Plan do not include any new permit requirements, nor restrict
movement of any plant or seed material not currently regulated.  The rule
changes and policy changes discussed in this plan involve mainly manageme=nt
of the current noxious weed list, not new phytosanitary rules.
Requirements for phytosanitary certificates and inspection for import hav=e
been in place for a long time, and are not changed in this proposal.  Thu=s,
any new enforcement activities regarding imports relate to other APHIS
policy changes, not to this Action Plan.  These changes relate to import,
but not interstate movement.  If you have phytosanitary issues, the
appropriate manager to contract is Bud Petit de Mange here in Riverdale
regarding  recent policy changes regarding  phytosanitary certification.
His email is Bud.Petitdemange at USDA.gov.
To apply for import or interstate movement permits for regulated species,=I
believe Gail Jennings..  Gail.R.Jennings at usda.gov and Carolyn Fitzgerald
Carolyn.F.Fitzgerald at usda.gov deal with import/movement permits.

The Action Plan quotes from the Plant Protection Act (PPA), passed by the
United States Congress in 2000, in the section titled "Important Recent
Developments".  When Congress passes a law, regulatory agencies such as
APHIS must then develop regulations under that authority. While the
authority under the PPA is broad, the actual changes we are recommending =in
the Action Plan are quite limited.   Also, if you read the quotes from th=e
law carefully, you see it relates to things "believed to be a plant pest =or
a noxious weed", not  an unrestricted authority to regulate all species.

The section on page 9 through 11 of the Action Plan lays out the regulato=ry
changes we are contemplating. You will see only three, and they deal with
Federal noxious weeds, species shown through risk assessment to pose a
threat to US agriculture and/or the environment. If we decide to formally
propose these three regulatory changes, we will publish in the Federal
Register a notice of proposed rulemaking to change the current noxious we=ed
regulations (found in Volume 7 of the Code of Federal Regulations, sectio=n
360). The proposed rule will again solicit public comment. Federal
rulemaking is controlled by rules in the Administrative Procedures Act.

It is our intention to maintain the current regulated list for noxious we=eds.

We are proposing to change a few things regarding how we manage or
categorize the regulated list, and to accommodate other changes
implementing the new law, the Plant Protection Act.  We are not in this
plan proposing to add new restrictions in interstate or international
movement.

I hope this clarifies what we are recommending in the Draft Action Plan f=or
the Noxious Weeds Program. We are not recommending broad new regulations,
but relatively minor changes to the existing noxious weed regulations.

Please consider registering as a stakeholder through our web site. You wi=ll
receive notices and other information about the topics you indicate as an
interest. Click on "Join the PPQ Stakeholder registry" in the middle colu=mn
of this site: http://www.aphis.usda.gov/ppq/

Al Tasker, Ph.D.      National Noxious Weed Program Manager
Invasive Species & Pest Management      Phone: 301-734-5708
Plant Protection & Quarantine             Fax: 301/734-8584
USDA APHIS   Riverdale, MD    http://www.aphis.usda.gov/ppq/weeds/
atasker at email.aphis.usda.gov or Alan.V.Tasker at usda.gov

My original letter follows:

<SHERIFFORR at aol.com> on 04/16/2002 01:54:42 PM

To:   Alan V Tasker/MD/APHIS/USDA at USDA

Subject:  About the proposal for Limitations on Seed distribution

I am writing with respect to the proposal of the Invasive Species Council=to
impose severe restrictions on seed and plant shipments within USA and fro=m
other countries, including Canada.
I now understand that this has been put on the backburner, but I wish to
express my concern that this ill-conceived proposal would severely restri=ct
my participation in the seed exchange within members of the Ariseama Seed
Exchange, which is operated by volunteers, and the major collection point=is
in Canada, with contributions coming from as far away as New Zealand, for
Free Distribution among the members of the group.
Undoubtedly, this would also have a serious impact upon other seed
producers and nurseries, since the proposal required a Phytosanitary
inspection and
report with each and every shipment.
This would bankrupt any normal dealer, without any useful purpose. Please
inform me if those proposals still on the table, or if they have discarde=d,
as they should have been.
Richard A. Orr
State Marshal
40 Woodlawn Road
Monroe, CT 06468

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<HTML>Please read the reply =to my letter addressed to Alan Tasker at APHIS.. 
I believe that this response puts the matter to bed.. Thank goodness..<BR=>
As I read this, there is problem with our seed exchange.&nbsp; Richard Or=r&nbsp; Monroe, CT 
 
*************************************************************************=********** 
E-mail response below... 
Subj: Re: About the proposal for Limitations on Seed distribution </=B> 
Date: 4/19/02 9:35:59 AM Eastern Daylight Time 
From: <A HREF="mailto:Alan.V.Tasker at aphis.usda.gov">Alan.V.Tasker at aph=is.usda.gov</A> <BR=>
To: <A HREF="mailto:SHERIFFORR at aol.com">SHERIFFORR at aol.com</A><F=ONT COLOR="#0000ff" style="BACKGROUND-COLOR: #ffffff" SIZE=2 FAMIL=Y="SANSSERIF" FACE="Arial" LANG="0"> 
Sent from the Internet (Details) 
In response to your inquiry, let me clarify a few things. 
 
&gt;I am writing with respect to the proposal of the Invasive Species Cou=ncil 
to impose severe restrictions on seed and plant shipments within USA and =from 
other countries, including Canada. 
 
Response: 
The Invasive spp. council has no regulatory authority, they are a 
coordination and advisory group, established by an Executive Order signed= 
by former President Clinton. Therefore they connot propose restrictions o=r 
regulations on shipments either within or into the US. 
 
&gt;I now understand that this has been put on the backburner, but I wish=to 
express my concern that this ill-conceived proposal would severely restri=ct 
my participation in the seed exchange within members of the Ariseama Seed= 
Exchange, which is operated by volunteers, and the major collection point=is 
in Canada, with contributions coming from as far away as New Zealand, for= 
 
Response: 
There is nothing to put on a back burner.&nbsp; APHIS published for publi=c 
comment an Action plan regarding the Noxious weed regulatory program. 
Unfortunately, much of the criticism of the Action Plan is based on what<=BR>
appears to be someone's interpretation of the Action Plan, rather than th=e 
Action Plan.&nbsp; The plan is available on the APHIS Weed Program websit=e 
www.aphis.usda.gov/ppq/weeds . 
 
&gt;Undoubtedly, this would also have a serious impact upon other seed pr=oducers and nurseries, since they proposal required a Phytosanitary inspe=ction and report with each and every shipment. 
 
Response: 
Import or interstate movement of Federal noxious weeds (or other regulate=d 
species) already requires a Federal permit. The recommended changes in th=e 
Action Plan do not include any new permit requirements, nor restrict 
movement of any plant or seed material not currently regulated.&nbsp; The=rule 
changes and policy changes discussed in this plan involve mainly manageme=nt 
of the current noxious weed list, not new phytosanitary rules. 
Requirements for phytosanitary certificates and inspection for import hav=e 
been in place for a long time, and are not changed in this proposal.&nbsp=; Thus, 
any new enforcement activities regarding imports relate to other APHIS<BR=>
policy changes, not to this Action Plan.&nbsp; These changes relate to im=port, 
but not interstate movement.&nbsp; If you have phytosanitary issues, the<=BR>
appropriate manager to contract is Bud Petit de Mange here in Riverdale<B=R>
regarding&nbsp; recent policy changes regarding&nbsp; phytosanitary certi=fication. 
His email is Bud.Petitdemange at USDA.gov.&nbsp;&nbsp;&nbsp; 
To apply for import or interstate movement permits for regulated species,=I believe Gail Jennings..&nbsp; Gail.R.Jennings at usda.gov and Carolyn Fit=zgerald 
Carolyn.F.Fitzgerald at usda.gov deal with import/movement permits. 
 
The Action Plan quotes from the Plant Protection Act (PPA), passed by the= 
United States Congress in 2000, in the section titled "Important Recent<B=R>
Developments".&nbsp; When Congress passes a law, regulatory agencies such=as 
APHIS must then develop regulations under that authority. While the 
authority under the PPA is broad, the actual changes we are recommending =in 
the Action Plan are quite limited.&nbsp;&nbsp; Also, if you read the quot=es from the 
law carefully, you see it relates to things "believed to be a plant pest =or 
a noxious weed", not&nbsp; an unrestricted authority to regulate all spec=ies. 
 
The section on page 9 through 11 of the Action Plan lays out the regulato=ry 
changes we are contemplating. You will see only three, and they deal with= 
Federal noxious weeds, species shown through risk assessment to pose a<BR=>
threat to US agriculture and/or the environment. If we decide to formally= 
propose these three regulatory changes, we will publish in the Federal<BR=>
Register a notice of proposed rulemaking to change the current noxious we=ed 
regulations (found in Volume 7 of the Code of Federal Regulations, sectio=n 
360). The proposed rule will again solicit public comment. Federal 
rulemaking is controlled by rules in the Administrative Procedures Act.<B=R>
 
It is our intention to maintain the current regulated list for noxious we=eds.&nbsp; 
We are proposing to change a few things regarding how we manage or 
categorize the regulated list, and to accommodate other changes 
implementing the new law, the Plant Protection Act.&nbsp; We are not in t=his 
plan proposing to add new restrictions in interstate or international 
movement. 
 
I hope this clarifies what we are recommending in the Draft Action Plan f=or 
the Noxious Weeds Program. We are not recommending broad new regulations,= 
but relatively minor changes to the existing noxious weed regulations.<BR=>
 
Please consider registering as a stakeholder through our web site. You wi=ll 
receive notices and other information about the topics you indicate as an= 
interest. Click on "Join the PPQ Stakeholder registry" in the middle colu=mn 
of this site: http://www.aphis.usda.gov/ppq/ 
 
 
Al Tasker, Ph.D.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; National Noxious Weed Pro=gram Manager 
Invasive Species &amp; Pest Management&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Pho=ne: 301-734-5708 
Plant Protection &amp; Quarantine&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nb=sp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Fax: 301/734-8584 
USDA APHIS&nbsp;&nbsp; Riverdale, MD&nbsp;&nbsp;&nbsp; http://www.aphis.=usda.gov/ppq/weeds/ 
atasker at email.aphis.usda.gov or Alan.V.Tasker at usda.gov 
 
 
 
 
My original letter follows: 
 
&lt;SHERIFFORR at aol.com&gt; on 04/16/2002 01:54:42 PM 
 
To:&nbsp;&nbsp; Alan V Tasker/MD/APHIS/USDA at USDA 
 
Subject:&nbsp; About the proposal for Limitations on Seed distribution<BR=>
 
I am writing with respect to the proposal of the Invasive Species Council=to impose severe restrictions on seed and plant shipments within USA and=from other countries, including Canada. 
I now understand that this has been put on the backburner, but I wish to<=BR>
express my concern that this ill-conceived proposal would severely restri=ct 
my participation in the seed exchange within members of the Ariseama Seed= 
Exchange, which is operated by volunteers, and the major collection point=is 
in Canada, with contributions coming from as far away as New Zealand, for= 
Free Distribution among the members of the group. 
Undoubtedly, this would also have a serious impact upon other seed 
producers and nurseries, since the proposal required a Phytosanitary insp=ection and 
report with each and every shipment. 
This would bankrupt any normal dealer, without any useful purpose. Please= 
inform me if those proposals still on the table, or if they have discarde=d, 
as they should have been. 
Richard A. Orr 
State Marshal 
40 Woodlawn Road 
Monroe, CT 06468</HTML>

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