(a)
The Administrator will quarantine each State or each portion of a State that is infested.
(b)
Less than an entire State will be listed as a quarantined area only if the Administrator determines that:
(1)
The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles listed in § 301.81-2 that are equivalent to the interstate movement restrictions imposed by this subpart; and
(2)
Designating less than the entire State as a quarantined area will prevent the spread of the imported fire ant.
(c)
The Administrator may include uninfested acreage within a quarantined area due to its proximity to an infestation or inseparability from the infested locality for quarantine purposes, as determined by:
(1)
Projections of spread of imported fire ant around the periphery of the infestation, as determined by previous years' surveys;
(2)
Availability of natural habitats and host materials, within the uninfested acreage, suitable for establishment and survival of imported fire ant populations; and
(3)
Necessity of including uninfested acreage within the quarantined area in order to establish readily identifiable boundaries.
(d)
The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraphs (a), (b), and (c) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the management of the nonquarantined area; thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated quarantined areas in paragraph (e) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable.
(e)
The areas described below are designated as quarantined areas:
Code of Federal Regulations
[57 FR 57327, Dec. 4, 1992]
Code of Federal Regulations
Editorial Note:
For Federal Register citations affecting § 301.81-3
, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.