Penalties $1000 for home gardeners, up to $250,000 for nurseries for saving

[Guest guest]

Elaine you have ruined my afternoon. Thank you:-)))))

This government continues to absolutely blow my mind.

It about time they got after the most dangerous people in America.

The midwives and the gardeners. :-o

Who will be next recipies and needlepoint???

 

Oy VAy!

 

Dr. Mike

 

Gettingwell, " Elaine " <mem121@u...> wrote:

> -

> " tHe mAdd pRoFeSsOr " <madd_professor@p...

> Wednesday, March 27, 2002 4:31 AM [CIDSNetwork] Re:

Hi All,

> Seeds

>

> The noose begins to get tight?

>

>

__________________________

> ________________

>

> owner-mom-l@l...

> [ owner-mom-l@l...

> On Behalf Of M.O.M.

> Tuesday, March 26, 2002 4:52 PM

> mom Hi All, Seeds

>

> Hi All,

>

> Please pass this on. Looks like action is needed ASAP. It's hard to

believe

> that anything like this could happen. How come nobody knows about

it? The

> implication of this is that the Seed Savers Exchange and even private

> individuals who live in different states cannot share their open

pollinated

> seeds and only approved varieties can be exchanged for a fee of $100.

>

> Merla

>

> <http://www.jlhudsonseeds.net/USDAComment.htm

> J. L. HUDSON, SEEDSMAN, STAR ROUTE 2, BOX 337, LA HONDA, CALIFORNIA

> 94020 USA

>

> USDA Plans Severe Gardening Restrictions

>

> Direct quotes from USDA Action Plan

>

> " Clean list " - Everything not on government approved list banned.

>

> Penalties - $1000 for home gardeners, up to $250,000 for nurseries.

> Interstate movement of seeds - Prohibited without permit and inspection.

>

> Send objections to the USDA

>

> Write your representative (Sample letter)

>

> What President Bush says

>

> Your help is needed. The USDA is now accepting public comments on their

> Draft Action Plan for the Noxious Weeds Program, which includes the

" clean

> list " or " white list " proposal. They are now going beyond the clean

list and

> are stating that they intend to require permits and inspections for ALL

> seeds and plants moving interstate ? this will effectively shut down

many

> popular seed exchanges like the North American Rock Garden Society

exchange

> and the Seed Saver's Exchange. These exchanges have been hailed as

important

> means of preserving biodiversity. How many home seed savers will be

willing

> to get appropriate licenses and inspections when they cost a minimum

of $100

> (for a nursery stock or seed license here in California). Penalties

of up to

> $250,000 are proposed with a minimum fine of $1000 even for home

gardeners.

> Please link to this page.

>

> Contact Alan.V.Tasker@u...

> < Alan.V.Tasker@u... and state you are opposed to the " clean

> list " and any permit or inspection requirements for interstate

movement of

> seeds and plants. State that the Draft Action Plan for the Noxious Weeds

> Program is unacceptable must be halted, additional time for public

comment

> allowed, and no new restrictions on the free flow of any seeds and

plants

> that are not listed noxious weeds be put in place.

>

> Send 4 copies of your comments to:

>

> Docket No. 01-034-1 Regulatory Analysis and Development PPD, APHIS Suite

> 3C03

> 4700 River Road, Unit 118 Riverdale, MD 20737-1238

>

> This is necessary so that your e-mails will not simply be deleted.

>

> Last year, the USDA requested comments on its clean list proposal - they

> received an overwhelming response - 8 to 1 against, yet they are

ignoring

> the clear will of the American people. The government tried to impose a

> clean list policy three times during the 1970s, and had to back down

each

> time due to negative response from biologists. Apparently, " no " is

not an

> acceptable response.

>

> The public comment period ends March 29th, but it is important to

keep up

> pressure even after this date, particularly by writing your

representatives.

>

> The USDA is clearly out of touch with the American people. They just got

> through the huge furor when they tried to impose " Organic Rules " which

> allowed irradiation and toxic sewage sludge use. They have also

instituted

> new phytosanitary certificate requirements which they admit are

designed to

> prevent you from ordering from overseas. Please object to the new

> phytosanitary rules in your letter, too.

>

> Write to your representatives and demand that the out-of-control USDA be

> reined in.

>

> These proposals fundamentally change the regulations on the

importation and

> distribution of plants. Currently, you may import, possess and

distribute

> all plants except a few known harmful species that are banned ? a

> " blacklist " approach in which everything is permitted except what is

> prohibited. The new Clean List (or white list) policy is the opposite ?

> everything is prohibited except what is on a government-approved " clean

> list " of species that the USDA permits. This will effectively ban

99% of the

> species on the planet. The clean list or white list has been called an

> internet hoax, and the agencies involved have actually sent out letters

> denying they have such plans ? go to their website and read for yourself

> what they say:

>

> http://www.aphis.usda.gov/ppq/weeds/

>

> See Weed Action Plan - 4th blue box down on the right.

>

> http://www.aphis.usda.gov/ppq/weeds/weedsjan2002-pub.pdf (Note that

this is

> a pdf file and takes a long time to load - you will see a blank page

for a

> while after clicking here)

>

> THE FOLLOWING ARE DIRECT QUOTES FROM THE PROPOSAL

>

> Draft Action Plan for the Noxious Weeds Program

>

> Page 5:

>

> Interstate movement:

>

> " 2) Issue regulations that require that any plant, plant product,

biological

> control organism, noxious weed, article, or means of conveyance

imported,

> entered, to be exported, or moved in interstate commerce be

accompanied by a

> permit and a certification of inspection and be subject to remedial

measures

> necessary to prevent the spread of plant pests or noxious weeds. "

>

> NOTE: " Any plant or plant product " will include dried medicinal

herbs, as

> well as clean seeds.

>

> Page 9:

>

> " RECOMMENDED REGULATORY CHANGES "

>

> " Emergency Action (recommended regulatory change)

>

> The PPA authorizes the Secretary of Agriculture to hold, seize,

quarantine,

> treat, apply other remedial measures to, destroy, or otherwise

dispose of

> any plant, plant pest, noxious weed, biological control organism, plant

> product, article, or means of conveyance moving into or through the

United

> States, or interstate, or moved into or through the United States, or

> interstate, that the Secretary has reason to believe is a plant pest or

> noxious weed, is infested with a plant pest or noxious weed, or is in

> violation of the PPA. This authority includes action on the progeny

of any

> plant, biological control organism, plant product, plant pests, or

noxious

> weed. Further, the Secretary may use extraordinary emergency action for

> weeds threatening plants or plant products, if those weeds are new

to or not

> known to be widely prevalent in or distributed within and throughout the

> United States. "

>

> Page 14:

>

> " Civil Penalties (recommended program change)

>

> The PPA authorizes the Secretary of Agriculture to hold, seize,

quarantine,

> treat, apply other remedial measures to, destroy, or otherwise

dispose of

> any plant, plant pest, noxious weed, biological control organism, plant

> product, article, or means of conveyance moving into or through the

United

> States, or interstate, or moved into or through the United States, or

> interstate, that the Secretary has reason to believe is a plant pest or

> noxious weed, is infested with a plant pest or noxious weed, or is in

> violation of the PPA. This authority includes action on the progeny

of any

> plant, biological control organism, plant product, plant pests, or

noxious

> weed. If a plant, plant pest, noxious weed, biological control organism,

> plant product, article, or means of conveyance is in violation of

the PPA,

> the Secretary may issue civil penalties ranging from $1,000 for an

initial

> violation by an individual moving regulated articles not for

monetary gain,

> to $250,000 per violation. The Safeguarding Report recognizes that

the PPA

> civil penalty fee structure provides an effective deterrent against

> violations of the regulations. APHIS plans to use our new authority

under

> the PPA to issue civil penalties for noncompliance with the

regulations. "

>

> NOTE: " An individual moving articles not for monetary gain " means home

> gardeners.

>

> Page 19:

>

> " Risk Assessment for Imported Nursery Stock (Propagative Material)

>

> Current regulations do not mandate a screening process for the invasive

> potential of plants imported for propagation. Under 7 CFR 319.37,

nursery

> stock is admissible unless it is on a regulated list. Plants on the

> regulated lists are prohibited either because they are Federal

noxious weeds

> or because they are associated with certain plant diseases or other

plant

> pests. The Safeguarding Review recommends adopting a modified " clean

list

> approach " for propagative material, specifying what is permissible,

rather

> than listing regulated plants. Similarly, the draft Invasive Species

> Management Plan recommends development of risk analysis and

screening system

> for evaluating first time intentional introductions of non-native

species

> before entry is allowed.

>

> The PPA states that the Secretary of Agriculture may prohibit or

restrict

> the importation, entry, exportation, or movement in interstate

commerce of

> any plant, plant product, biological control organism, noxious weed,

> article, or means of conveyance to prevent the introduction into the

United

> States or dissemination within the United States of a plant pest or

noxious

> weed. The PPA further provides the authority for the Secretary of

> Agriculture to initiate a screening process to evaluate proposed new

> introductions of non-native plants. Risk assessment for propagative

material

> has two weed-related components: evaluation of the commodity as a

potential

> weed and evaluation of the commodity's potential to provide a

pathway for

> weeds. "

>

> NOTE: " ... specifying what is permissible, rather than listing regulated

> plants " means that everything that is not on the government-approved

list

> will be prohibited. Currently, they list only what is prohibited -

> " regulated plants. "

>

> Page 20:

>

> " Proposed Strategies to Achieve the Goal:

>

> 1. Risk assessment: Use risk assessment processes that follow

international

> standards to support identification of weed species to be regulated,

provide

> classification of undesirable plant species, identify potential

pathways,

> and determine appropriate regulatory action.

>

> 3. Weediness Screening: Explore revision of the nursery stock

regulations (7

> CFR 319.37) to require risk assessment before a commodity is

approved for

> entry. "

>

> NOTE: " Weediness Screening " and " risk assessment before a commodity is

> approved for entry " means that all species will be denied entry (import)

> until the government has determined that they are approved.

>

> How to Contact Your Members of Congress in Washington, DC

>

> Sample letter to an elected representative: Please print this out

and send

> it to your representative. E-mailing is second-best, as a physical

letter

> carries much more weight. Send a copy to the USDA, marked " My

comments on

> the Draft Action Plan for the Noxious Weeds Program. "

>

> Secretary of Agriculture Ann Veneman Jamie L. Whitten Federal Bldg. Rm.

> 200-A

> 12th & Jefferson Dr., SW Washington DC 20250 Phone 202-720-3631, Fax:

> 720-2166 Email: agsec@u... < agsec@u...

>

> and E-mail them a comment objecting to the clean list.

>

> Also be sure to send 4 copies of your comments to:

>

> Docket No. 01-034-1 Regulatory Analysis and Development PPD, APHIS Suite

> 3C03

> 4700 River Road, Unit 118 Riverdale, MD 20737-1238

>

> This is necessary so that your e-mails will not simply be deleted.

>

> Honorable _________________________

>

> As a concerned voter, I am writing object to the USDA Draft Action

Plan for

> the Noxious Weeds Program, which will implement a " clean list " and other

> unwarranted restrictions controlling the import and movement of

plants and

> animals in the U. S., allegedly to stop the spread of " invasive

species. "

>

> I feel that this " clean list " would be a reckless and irresponsible

policy,

> for the following reasons:

>

> 1. Such a policy requires adequate, scientifically verified methods of

> predicting which species would be " invasive, " yet all scientific

attempts at

> predicting " invasiveness " have failed.

> 2. We already have adequate weed laws. We already know which species are

> pests; implementing a sweeping, poorly-conceived ban on what will

amount to

> 99% of the world's species will cause more problems than it could

possibly

> solve.

> 3. Scientific researchers need ready access to the earth's biological

> resources for new food crops, new medicinal plants, new industrial uses.

> Limiting this access will place U. S. scientists at a disadvantage

in the

> competitive world markets. Limiting our farmers' access to new crops

will

> increase our dependence on foreign supplies.

> 4. It will result in greater usage of herbicides on our public lands.

>

> 5. It will do nothing to address the fundamental causes of " invasive "

> species - disrupted ecosystems.

> 6. Small entrepreneurial businesses are responsible for the majority

of all

> jobs created in the past 20 years, and they will bear the brunt of the

> economic harm this measure will create. Small nurseries have been

> responsible for the majority of new plant introductions from

overseas which

> have revitalized the entire gardening industry in recent decades.

> 7. According to the USDA Economic Research Service, horticulture and

> floriculture are the fastest growing sector of U. S. agriculture

with 12.1

> billion in revenues in 1998, and this has steadily risen since. In these

> difficult economic times, it is grossly irresponsible of the USDA to

> obstruct such an economic powerhouse with completely untested,

unproven and

> unnecessary regulatory restrictions.

> 8. These restrictions may be illegal under free trade treaties, and

are sure

> to invite retaliatory measures by our trading partners. This comes

at a time

> when entrepreneurial free trade should be encouraged.

> 9. The clean list is only the latest in a pattern of USDA obstruction of

> legitimate business and biodiversity conservation efforts, as

witness the

> recent imposition of outdated regulations that haven't been enforced in

> decades due to their inapplicability. The phytosanitary-certificate

> requirement for flower seeds which has been unnecessary and

unenforced for

> over 50 years, and irrational prohibitions of modern sterile-culture

orchid

> seedlings (essential for orchid conservation), have both been suddenly

> enforced by an out-of-control USDA, sending shockwaves throughout the

> nursery industry and gardening community. Antiquated, outmoded

regulations

> from the 19th century should not be enforced in the

> 21st.

> 10. The clean list proposal is a reckless & irresponsible expansion

of an

> antiquated, cumbersome and inefficient bureaucracy at a time when

government

> should be moving towards a streamlined and efficient future.

> 11. When the USDA requested comments on the clean list proposal,

American

> scientists, businessmen and gardeners were 8 to 1 against the clean

list,

> yet the USDA ignored the clear mandate from the American people, and

> included this and even more restrictive proposals in the Draft

Action Plan.

> The USDA is totally out of touch with the American people ? remember the

> recent " Organic Rules " furor?

>

> One of the founding fathers of our nation, Thomas Jefferson, said: " The

> greatest service a man may do for his country is the introduction of a

> useful plant. " I hope you will stand with Jefferson on this issue,

and rein

> in the out-of-control USDA and NISC.

>

> I am totally opposed to any " clean list " policy as well as the new

> phytosanitary and orchid-seedling restrictions, and am opposed to any

> further restrictions and roadblocks to interstate commerce. The USDA

must

> get back to its mission of serving agriculture, not obstructing it.

>

> In closing, I want to point out that gardeners are the single largest

> common-interest group in the U. S., and that you can be sure we will

> Remember In November. I will be waiting for your response,

indicating what

> you are doing to rein in the USDA & NISC, and where you stand on the

" clean

> list " issue.

>

> Sincerely,

>

> President Bush speaks on trade:

>

> President Bush speaking in New Orleans Jan. 15 2002

> http://www.whitehouse.gov/news/releases/2002/01/20020115.html

>

> " I'm worried about jobs. And I believe if you trade more, there are more

> jobs available for hardworking Americans.

> (Applause.) There are some who play politics with the trade issue.

They want

> to shut down trade. I like to remind people, those who shut down trade

> aren't confident. They're not confident in the American worker;

they're not

> confident in the American entrepreneur; they're not confident in

American

> products.

>

> I'm just the opposite. therefore, we ought to have free and fair trade

> around the world. (Applause.) I'm not the only one that feels that

way. Some

> of the longshoremen that I met coming in said, we need trade so I

can keep

> working..

>

> This isn't a Republican issue, this isn't a Democrat issue. Trade is

a jobs

> issue. (Applause.) "

>

> " Small business is the backbone of the free-enterprise system, and small

> business owners embody the American Dream. " President G. W. Bush

quoted on a

> poster in the Post Office.

>

> Direct quotes from USDA Action Plan

>

> " Clean list " - Everything not on government approved list banned.

>

> Penalties - $1000 for home gardeners, up to $250,000 for nurseries.

> Interstate movement of seeds - Prohibited without permit and inspection.

>

> Send objections to the USDA

>

> Write your representative (Sample letter)

>

> What President Bush says

>

> --

>

> --

> **COPYRIGHT NOTICE** In accordance with Title 17 U. S. C. Section

107, any

> copyrighted work in this message is distributed under fair use without

> profit or payment to those who have expressed a prior interest in

receiving

> the included information for nonprofit research and educational purposes

> only.[Ref. http://www.law.cornell.edu/uscode/17/107.shtml ]

>

> Join the Militia of Montana Email Alert List by writing to MOM, P.

O. Box

> 1486, Noxon, Montana 59853 and enclosing $15.00 for one year(Feb. 1

to Jan.

> 31)

>

> For the latest in great survival, preparedness and politically incorrect

> materials visit our Online Catalog at:

>

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n Fax:

> 406-847-2246

[Guest guest]

It seems that our Government(s) in its/their wisdom is trying to take away more

of our rights, and in a way, they are. But on the other side of the coin, they

are trying to protect our country from the ravages other countries have suffered

because well meaning people have transplanted plants or animals from one place

on our globe to another. Just because one species is innocuous in one place

does not mean that it will not devastate another. i.e. conifers transplanted

from America into Australia caused droughts where they were transplanted.

Australia is in the process of ripping up these conifers, and where they do, the

water in the streams is returning. etc., etc......

Morton

 

drmichaelmarasco wrote:

 

> Elaine you have ruined my afternoon. Thank you:-)))))

> This government continues to absolutely blow my mind.

> It about time they got after the most dangerous people in America.

> The midwives and the gardeners. :-o

> Who will be next recipies and needlepoint???

>

> Oy VAy!

>

> Dr. Mike

>

> Gettingwell, " Elaine " <mem121@u...> wrote:

> > -

> > " tHe mAdd pRoFeSsOr " <madd_professor@p...

> > Wednesday, March 27, 2002 4:31 AM [CIDSNetwork] Re:

> Hi All,

> > Seeds

> >

> > The noose begins to get tight?

> >

> >

> __________________________

> > ________________

> >

> > owner-mom-l@l...

> > [ owner-mom-l@l...

> > On Behalf Of M.O.M.

> > Tuesday, March 26, 2002 4:52 PM

> > mom Hi All, Seeds

> >

> > Hi All,

> >

> > Please pass this on. Looks like action is needed ASAP. It's hard to

> believe

> > that anything like this could happen. How come nobody knows about

> it? The

> > implication of this is that the Seed Savers Exchange and even private

> > individuals who live in different states cannot share their open

> pollinated

> > seeds and only approved varieties can be exchanged for a fee of $100.

> >

> > Merla

> >

> > <http://www.jlhudsonseeds.net/USDAComment.htm

> > J. L. HUDSON, SEEDSMAN, STAR ROUTE 2, BOX 337, LA HONDA, CALIFORNIA

> > 94020 USA

> >

> > USDA Plans Severe Gardening Restrictions

> >

> > Direct quotes from USDA Action Plan

> >

> > " Clean list " - Everything not on government approved list banned.

> >

> > Penalties - $1000 for home gardeners, up to $250,000 for nurseries.

> > Interstate movement of seeds - Prohibited without permit and inspection.

> >

> > Send objections to the USDA

> >

> > Write your representative (Sample letter)

> >

> > What President Bush says

> >

> > Your help is needed. The USDA is now accepting public comments on their

> > Draft Action Plan for the Noxious Weeds Program, which includes the

> " clean

> > list " or " white list " proposal. They are now going beyond the clean

> list and

> > are stating that they intend to require permits and inspections for ALL

> > seeds and plants moving interstate ? this will effectively shut down

> many

> > popular seed exchanges like the North American Rock Garden Society

> exchange

> > and the Seed Saver's Exchange. These exchanges have been hailed as

> important

> > means of preserving biodiversity. How many home seed savers will be

> willing

> > to get appropriate licenses and inspections when they cost a minimum

> of $100

> > (for a nursery stock or seed license here in California). Penalties

> of up to

> > $250,000 are proposed with a minimum fine of $1000 even for home

> gardeners.

> > Please link to this page.

> >

> > Contact Alan.V.Tasker@u...

> > < Alan.V.Tasker@u... and state you are opposed to the " clean

> > list " and any permit or inspection requirements for interstate

> movement of

> > seeds and plants. State that the Draft Action Plan for the Noxious Weeds

> > Program is unacceptable must be halted, additional time for public

> comment

> > allowed, and no new restrictions on the free flow of any seeds and

> plants

> > that are not listed noxious weeds be put in place.

> >

> > Send 4 copies of your comments to:

> >

> > Docket No. 01-034-1 Regulatory Analysis and Development PPD, APHIS Suite

> > 3C03

> > 4700 River Road, Unit 118 Riverdale, MD 20737-1238

> >

> > This is necessary so that your e-mails will not simply be deleted.

> >

> > Last year, the USDA requested comments on its clean list proposal - they

> > received an overwhelming response - 8 to 1 against, yet they are

> ignoring

> > the clear will of the American people. The government tried to impose a

> > clean list policy three times during the 1970s, and had to back down

> each

> > time due to negative response from biologists. Apparently, " no " is

> not an

> > acceptable response.

> >

> > The public comment period ends March 29th, but it is important to

> keep up

> > pressure even after this date, particularly by writing your

> representatives.

> >

> > The USDA is clearly out of touch with the American people. They just got

> > through the huge furor when they tried to impose " Organic Rules " which

> > allowed irradiation and toxic sewage sludge use. They have also

> instituted

> > new phytosanitary certificate requirements which they admit are

> designed to

> > prevent you from ordering from overseas. Please object to the new

> > phytosanitary rules in your letter, too.

> >

> > Write to your representatives and demand that the out-of-control USDA be

> > reined in.

> >

> > These proposals fundamentally change the regulations on the

> importation and

> > distribution of plants. Currently, you may import, possess and

> distribute

> > all plants except a few known harmful species that are banned ? a

> > " blacklist " approach in which everything is permitted except what is

> > prohibited. The new Clean List (or white list) policy is the opposite ?

> > everything is prohibited except what is on a government-approved " clean

> > list " of species that the USDA permits. This will effectively ban

> 99% of the

> > species on the planet. The clean list or white list has been called an

> > internet hoax, and the agencies involved have actually sent out letters

> > denying they have such plans ? go to their website and read for yourself

> > what they say:

> >

> > http://www.aphis.usda.gov/ppq/weeds/

> >

> > See Weed Action Plan - 4th blue box down on the right.

> >

> > http://www.aphis.usda.gov/ppq/weeds/weedsjan2002-pub.pdf (Note that

> this is

> > a pdf file and takes a long time to load - you will see a blank page

> for a

> > while after clicking here)

> >

> > THE FOLLOWING ARE DIRECT QUOTES FROM THE PROPOSAL

> >

> > Draft Action Plan for the Noxious Weeds Program

> >

> > Page 5:

> >

> > Interstate movement:

> >

> > " 2) Issue regulations that require that any plant, plant product,

> biological

> > control organism, noxious weed, article, or means of conveyance

> imported,

> > entered, to be exported, or moved in interstate commerce be

> accompanied by a

> > permit and a certification of inspection and be subject to remedial

> measures

> > necessary to prevent the spread of plant pests or noxious weeds. "

> >

> > NOTE: " Any plant or plant product " will include dried medicinal

> herbs, as

> > well as clean seeds.

> >

> > Page 9:

> >

> > " RECOMMENDED REGULATORY CHANGES "

> >

> > " Emergency Action (recommended regulatory change)

> >

> > The PPA authorizes the Secretary of Agriculture to hold, seize,

> quarantine,

> > treat, apply other remedial measures to, destroy, or otherwise

> dispose of

> > any plant, plant pest, noxious weed, biological control organism, plant

> > product, article, or means of conveyance moving into or through the

> United

> > States, or interstate, or moved into or through the United States, or

> > interstate, that the Secretary has reason to believe is a plant pest or

> > noxious weed, is infested with a plant pest or noxious weed, or is in

> > violation of the PPA. This authority includes action on the progeny

> of any

> > plant, biological control organism, plant product, plant pests, or

> noxious

> > weed. Further, the Secretary may use extraordinary emergency action for

> > weeds threatening plants or plant products, if those weeds are new

> to or not

> > known to be widely prevalent in or distributed within and throughout the

> > United States. "

> >

> > Page 14:

> >

> > " Civil Penalties (recommended program change)

> >

> > The PPA authorizes the Secretary of Agriculture to hold, seize,

> quarantine,

> > treat, apply other remedial measures to, destroy, or otherwise

> dispose of

> > any plant, plant pest, noxious weed, biological control organism, plant

> > product, article, or means of conveyance moving into or through the

> United

> > States, or interstate, or moved into or through the United States, or

> > interstate, that the Secretary has reason to believe is a plant pest or

> > noxious weed, is infested with a plant pest or noxious weed, or is in

> > violation of the PPA. This authority includes action on the progeny

> of any

> > plant, biological control organism, plant product, plant pests, or

> noxious

> > weed. If a plant, plant pest, noxious weed, biological control organism,

> > plant product, article, or means of conveyance is in violation of

> the PPA,

> > the Secretary may issue civil penalties ranging from $1,000 for an

> initial

> > violation by an individual moving regulated articles not for

> monetary gain,

> > to $250,000 per violation. The Safeguarding Report recognizes that

> the PPA

> > civil penalty fee structure provides an effective deterrent against

> > violations of the regulations. APHIS plans to use our new authority

> under

> > the PPA to issue civil penalties for noncompliance with the

> regulations. "

> >

> > NOTE: " An individual moving articles not for monetary gain " means home

> > gardeners.

> >

> > Page 19:

> >

> > " Risk Assessment for Imported Nursery Stock (Propagative Material)

> >

> > Current regulations do not mandate a screening process for the invasive

> > potential of plants imported for propagation. Under 7 CFR 319.37,

> nursery

> > stock is admissible unless it is on a regulated list. Plants on the

> > regulated lists are prohibited either because they are Federal

> noxious weeds

> > or because they are associated with certain plant diseases or other

> plant

> > pests. The Safeguarding Review recommends adopting a modified " clean

> list

> > approach " for propagative material, specifying what is permissible,

> rather

> > than listing regulated plants. Similarly, the draft Invasive Species

> > Management Plan recommends development of risk analysis and

> screening system

> > for evaluating first time intentional introductions of non-native

> species

> > before entry is allowed.

> >

> > The PPA states that the Secretary of Agriculture may prohibit or

> restrict

> > the importation, entry, exportation, or movement in interstate

> commerce of

> > any plant, plant product, biological control organism, noxious weed,

> > article, or means of conveyance to prevent the introduction into the

> United

> > States or dissemination within the United States of a plant pest or

> noxious

> > weed. The PPA further provides the authority for the Secretary of

> > Agriculture to initiate a screening process to evaluate proposed new

> > introductions of non-native plants. Risk assessment for propagative

> material

> > has two weed-related components: evaluation of the commodity as a

> potential

> > weed and evaluation of the commodity's potential to provide a

> pathway for

> > weeds. "

> >

> > NOTE: " ... specifying what is permissible, rather than listing regulated

> > plants " means that everything that is not on the government-approved

> list

> > will be prohibited. Currently, they list only what is prohibited -

> > " regulated plants. "

> >

> > Page 20:

> >

> > " Proposed Strategies to Achieve the Goal:

> >

> > 1. Risk assessment: Use risk assessment processes that follow

> international

> > standards to support identification of weed species to be regulated,

> provide

> > classification of undesirable plant species, identify potential

> pathways,

> > and determine appropriate regulatory action.

> >

> > 3. Weediness Screening: Explore revision of the nursery stock

> regulations (7

> > CFR 319.37) to require risk assessment before a commodity is

> approved for

> > entry. "

> >

> > NOTE: " Weediness Screening " and " risk assessment before a commodity is

> > approved for entry " means that all species will be denied entry (import)

> > until the government has determined that they are approved.

> >

> > How to Contact Your Members of Congress in Washington, DC

> >

> > Sample letter to an elected representative: Please print this out

> and send

> > it to your representative. E-mailing is second-best, as a physical

> letter

> > carries much more weight. Send a copy to the USDA, marked " My

> comments on

> > the Draft Action Plan for the Noxious Weeds Program. "

> >

> > Secretary of Agriculture Ann Veneman Jamie L. Whitten Federal Bldg. Rm.

> > 200-A

> > 12th & Jefferson Dr., SW Washington DC 20250 Phone 202-720-3631, Fax:

> > 720-2166 Email: agsec@u... < agsec@u...

> >

> > and E-mail them a comment objecting to the clean list.

> >

> > Also be sure to send 4 copies of your comments to:

> >

> > Docket No. 01-034-1 Regulatory Analysis and Development PPD, APHIS Suite

> > 3C03

> > 4700 River Road, Unit 118 Riverdale, MD 20737-1238

> >

> > This is necessary so that your e-mails will not simply be deleted.

> >

> > Honorable _________________________

> >

> > As a concerned voter, I am writing object to the USDA Draft Action

> Plan for

> > the Noxious Weeds Program, which will implement a " clean list " and other

> > unwarranted restrictions controlling the import and movement of

> plants and

> > animals in the U. S., allegedly to stop the spread of " invasive

> species. "

> >

> > I feel that this " clean list " would be a reckless and irresponsible

> policy,

> > for the following reasons:

> >

> > 1. Such a policy requires adequate, scientifically verified methods of

> > predicting which species would be " invasive, " yet all scientific

> attempts at

> > predicting " invasiveness " have failed.

> > 2. We already have adequate weed laws. We already know which species are

> > pests; implementing a sweeping, poorly-conceived ban on what will

> amount to

> > 99% of the world's species will cause more problems than it could

> possibly

> > solve.

> > 3. Scientific researchers need ready access to the earth's biological

> > resources for new food crops, new medicinal plants, new industrial uses.

> > Limiting this access will place U. S. scientists at a disadvantage

> in the

> > competitive world markets. Limiting our farmers' access to new crops

> will

> > increase our dependence on foreign supplies.

> > 4. It will result in greater usage of herbicides on our public lands.

> >

> > 5. It will do nothing to address the fundamental causes of " invasive "

> > species - disrupted ecosystems.

> > 6. Small entrepreneurial businesses are responsible for the majority

> of all

> > jobs created in the past 20 years, and they will bear the brunt of the

> > economic harm this measure will create. Small nurseries have been

> > responsible for the majority of new plant introductions from

> overseas which

> > have revitalized the entire gardening industry in recent decades.

> > 7. According to the USDA Economic Research Service, horticulture and

> > floriculture are the fastest growing sector of U. S. agriculture

> with 12.1

> > billion in revenues in 1998, and this has steadily risen since. In these

> > difficult economic times, it is grossly irresponsible of the USDA to

> > obstruct such an economic powerhouse with completely untested,

> unproven and

> > unnecessary regulatory restrictions.

> > 8. These restrictions may be illegal under free trade treaties, and

> are sure

> > to invite retaliatory measures by our trading partners. This comes

> at a time

> > when entrepreneurial free trade should be encouraged.

> > 9. The clean list is only the latest in a pattern of USDA obstruction of

> > legitimate business and biodiversity conservation efforts, as

> witness the

> > recent imposition of outdated regulations that haven't been enforced in

> > decades due to their inapplicability. The phytosanitary-certificate

> > requirement for flower seeds which has been unnecessary and

> unenforced for

> > over 50 years, and irrational prohibitions of modern sterile-culture

> orchid

> > seedlings (essential for orchid conservation), have both been suddenly

> > enforced by an out-of-control USDA, sending shockwaves throughout the

> > nursery industry and gardening community. Antiquated, outmoded

> regulations

> > from the 19th century should not be enforced in the

> > 21st.

> > 10. The clean list proposal is a reckless & irresponsible expansion

> of an

> > antiquated, cumbersome and inefficient bureaucracy at a time when

> government

> > should be moving towards a streamlined and efficient future.

> > 11. When the USDA requested comments on the clean list proposal,

> American

> > scientists, businessmen and gardeners were 8 to 1 against the clean

> list,

> > yet the USDA ignored the clear mandate from the American people, and

> > included this and even more restrictive proposals in the Draft

> Action Plan.

> > The USDA is totally out of touch with the American people ? remember the

> > recent " Organic Rules " furor?

> >

> > One of the founding fathers of our nation, Thomas Jefferson, said: " The

> > greatest service a man may do for his country is the introduction of a

> > useful plant. " I hope you will stand with Jefferson on this issue,

> and rein

> > in the out-of-control USDA and NISC.

> >

> > I am totally opposed to any " clean list " policy as well as the new

> > phytosanitary and orchid-seedling restrictions, and am opposed to any

> > further restrictions and roadblocks to interstate commerce. The USDA

> must

> > get back to its mission of serving agriculture, not obstructing it.

> >

> > In closing, I want to point out that gardeners are the single largest

> > common-interest group in the U. S., and that you can be sure we will

> > Remember In November. I will be waiting for your response,

> indicating what

> > you are doing to rein in the USDA & NISC, and where you stand on the

> " clean

> > list " issue.

> >

> > Sincerely,

> >

> > President Bush speaks on trade:

> >

> > President Bush speaking in New Orleans Jan. 15 2002

> > http://www.whitehouse.gov/news/releases/2002/01/20020115.html

> >

> > " I'm worried about jobs. And I believe if you trade more, there are more

> > jobs available for hardworking Americans.

> > (Applause.) There are some who play politics with the trade issue.

> They want

> > to shut down trade. I like to remind people, those who shut down trade

> > aren't confident. They're not confident in the American worker;

> they're not

> > confident in the American entrepreneur; they're not confident in

> American

> > products.

> >

> > I'm just the opposite. therefore, we ought to have free and fair trade

> > around the world. (Applause.) I'm not the only one that feels that

> way. Some

> > of the longshoremen that I met coming in said, we need trade so I

> can keep

> > working..

> >

> > This isn't a Republican issue, this isn't a Democrat issue. Trade is

> a jobs

> > issue. (Applause.) "

> >

> > " Small business is the backbone of the free-enterprise system, and small

> > business owners embody the American Dream. " President G. W. Bush

> quoted on a

> > poster in the Post Office.

> >

> > Direct quotes from USDA Action Plan

> >

> > " Clean list " - Everything not on government approved list banned.

> >

> > Penalties - $1000 for home gardeners, up to $250,000 for nurseries.

> > Interstate movement of seeds - Prohibited without permit and inspection.

> >

> > Send objections to the USDA

> >

> > Write your representative (Sample letter)

> >

> > What President Bush says

> >

> > --

> >

> > --

> > **COPYRIGHT NOTICE** In accordance with Title 17 U. S. C. Section

> 107, any

> > copyrighted work in this message is distributed under fair use without

> > profit or payment to those who have expressed a prior interest in

> receiving

> > the included information for nonprofit research and educational purposes

> > only.[Ref. http://www.law.cornell.edu/uscode/17/107.shtml ]

> >

> > Join the Militia of Montana Email Alert List by writing to MOM, P.

> O. Box

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> to Jan.

> > 31)

> >

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> >

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>

>

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