Endangered Species Regulations Concerning Terrestrial Plants (7 CFR 355.1-355.23)

531 Animal and Plant Health Inspection Service, USDA § 355.1 1 Under section 11 of the Act (16 U.S.C. 1540), it is unlawful for any person to know ingly violate any provision of the Act, any permit or certificate issued under the Act, or any regulation promulgated under the Act. Section 11 of the Act also provides for crimi nal, civil, and administrative penalties for any such violation. 2 Plant Protection and Quarantine also ad ministers programs under the Lacey Act Amendments of 1981, as amended (16 U.S.C. Continued fees credited to the account is equal to the amount of money paid into the ac count by the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, at the time the agree ment was entered into; and (ix) A statement that the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, agrees to maintain a balance in the user fee pay ment account equal to the cost of pro viding the services described for 6 months, as calculated monthly by APHIS. (5) APHIS will enter into an agree ment only if qualified personnel can be made available to provide the services to be provided. (6) An agreement can be terminated by either party on 30 days written no tice. (7) If, at the time an agreement is terminated, any unobligated funds re main in the user fee account, APHIS will return them to the owner or oper ator, or his or her agent. [57 FR 770, Jan. 9, 1992, as amended at 57 FR 14475, Apr. 21, 1992; 58 FR 38269, July 16, 1993; 59 FR 67611, Dec. 30, 1994] § 354.5 Penalties for nonpayment or late payment of user fees. (a) If a person requesting a service for which an APHIS user fee is payable, is delinquent in paying any APHIS user fee due under either title 7 or title 9, Code of Federal Regulations, or is de linquent in paying the interest on any delinquent APHIS user fee, then APHIS will not provide the service re quested. (b) If APHIS is in the process of pro viding a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is insufficient or not in compliance with the regulations in this part, then APHIS will take the following action: (1) If an APHIS user fee is due for a certificate or a certificate for reexport, APHIS will not issue the certificate. (2) If an APHIS user fee is past due by more than 30 days, APHIS will im pose a late payment penalty and inter est charges in accordance with 31 U.S.C. 3717. [57 FR 771, Jan. 9, 1992] PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS Subpart—Purpose and Definitions Sec. 355.1 Purpose. 355.2 Definitions. Subpart—Permission to Engage in Business 355.10 Permission to engage in business con cerning nonlisted terrestrial plants. 355.11 General permits. Subpart—Inspections and Related Provisions 355.20 Marking and notification require ments for plants imported, exported, or reexported by means other than mail. 355.21 Marking and mailing requirements for plants imported, exported, or reex ported by mail. 355.22 Validation of documentation. 355.23 Recordkeeping, access, and reports. AUTHORITY: 16 U.S.C. 1532, 1538, and 1540; 7 CFR 2.22, 2.80, and 371.3. SOURCE: 49 FR 42912, Oct. 25, 1984, unless otherwise noted. Subpart—Purpose and Definitions § 355.1 Purpose. Pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Secretary is responsible for the enforcement of the provisions of the Act and Convention that pertain to the importation, exportation, or re exportation of terrestrial plants. 1 The regulations in this part are for the pur pose of implementing this authority. Regulations of the U.S. Department of the Interior that correlate with the regulations in this part are contained in 50 CFR chapter I. 2 [66 FR 21060, Apr. 27, 2001] VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00541 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 532 7 CFR Ch. III (1–1–18 Edition) § 355.2 3371 through 3378), 7 U.S.C. 2814, and the Plant Protection Act (7 U.S.C. 7701–7772), which authorize additional prohibitions and restrictions on the importation of plants subject to this part (see other parts of 7 CFR chapter III for regulations containing prohi bitions and restrictions under these authori ties). § 355.2 Definitions. Terms used in the singular form in this part shall be construed as the plu ral, and vice versa, as the case may de mand. The following terms, when used in this part, shall be construed, respec tively, to mean: Act. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Convention. The Convention on Inter national Trade in Endangered Species of Wild Fauna and Flora, TIAS 8249, 27 U.S.T. 1087, signed on March 3, 1973, and the Appendices thereto. Deputy Administrator. The Deputy Ad ministrator of the Animal and Plant Health Inspection Service for Plant Protection and Quarantine, U.S. De partment of Agriculture, or any other officer or employee of the Department to whom authority to act in his or her stead has been or may hereafter be del egated. Engage in business as an importer, ex porter, or reexporter of terrestrial plants. To import, export, or reexport terres trial plants for the purpose of selling, bartering, collecting, or otherwise ex changing or acquiring the plants as a livelihood or enterprise engaged in for gain or profit. This term shall not in clude persons engaged in business merely as carriers or customhouse bro kers. Export (exported, exporting, expor tation). To carry, send, take, transport or otherwise remove, or to attempt to carry, send, take, transport or other wise remove from any place subject to the jurisdiction of the United States. Import (imported, importing, importa tion). To land on, bring into, or intro duce into, or attempt to land on, bring into, or introduce into, any place sub ject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. Inspector. Any employee of Plant Pro tection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Ad ministrator in accordance with law to enforce the provisions of the Act and Convention, and regulations promul gated thereunder. Person. Any individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or in strumentality of the Federal Govern ment, of any State or political subdivi sion thereof or of any foreign govern ment. Plant. Any member of the plant king dom, including seeds, roots and other parts thereof. Plant Protection and Quarantine. The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, dele gated responsibility for enforcing pro visions of the Act and Convention, and regulations promulgated thereunder. Protected plant permit. PPQ Form 622, ‘‘Protected Plant Permit to Engage in the Business of Importing, Exporting, or Reexporting Terrestrial Plants Reg ulated by 50 CFR 17.12 and 23.23.’’ Reexport (reexported, reexportation). To export following importation. Secretary. The Secretary of Agri culture, or any other officer or em ployee of the Department of Agri culture to whom authority to act in his or her stead has been or may hereafter be delegated. Terrestrial plants. Any plants (includ ing epiphytic plants), except marine plants. Validation. An original stamp, signa ture, and date of inspection placed upon documentation required by 50 CFR part 17 or part 23 by an inspector at the port where the terrestrial plants are to be imported, exported or reex ported. United States. Any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Amer ican Samoa, the U.S. Virgin Islands, Guam, and the Trust Territory of the Pacific Islands. [49 FR 42912, Oct. 25, 1984, as amended at 70 FR 57995, Oct. 5, 2005] VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00542 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 533 Animal and Plant Health Inspection Service, USDA § 355.11 3 Application forms are available on the Internet (http://www.aphis.usda.gov/ppq/per mits), by calling (877) 770–5990, or by writing to the address in this paragraph. Application forms may also be obtained from local of fices at any of the ports designated in 50 CFR part 24. Telephone numbers and addresses of local offices are listed in telephone direc tories. Subpart—Permission to Engage in Business § 355.10 Permission to engage in busi ness concerning nonlisted terres trial plants. The Secretary hereby grants permis sion for any person engaged in business as an importer, exporter, or reexporter of terrestrial plants, other than terres trial plants listed in 50 CFR 17.12 or 23.23, to engage in such business with out a protected plant permit issued under § 355.11. [49 FR 42912, Oct. 25, 1984, as amended at 70 FR 57995, Oct. 5, 2005] § 355.11 Protected plant permits. (a) On or after March 26, 1985 no per son shall engage in business as an im porter, exporter, or reexporter of any terrestrial plants listed in 50 CFR 17.12 or 23.23 unless such person has obtained a protected plant permit for engaging in such business from Plant Protection and Quarantine. (b) An application for a protected plant permit shall be submitted to the Animal and Plant Health Inspection Service, Plant Protection and Quar antine, Permit Services, 4700 River Road Unit 133, Riverdale, MD 20737– 1236. The completed application shall include the following information: 3 (1) Date of application; (2) Applicant’s name, mailing ad dress, and telephone number; (3) If the applicant is an individual, the business affiliation, if any, having to do with the importation, expor tation, or reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23; (4) If the applicant is in the name of a business or if the applicant is affili ated with a business which imports, ex ports, or reexports terrestrial plants listed in 50 CFR 17.12 or 23.23, the form of the business, e.g., corporation, firm, partnership; and the name and address of each partner, officer, director, hold er, and owner of 10 percent or more of the voting stock, and employee in a managerial or executive capacity; (5) The address of all applicants’ busi ness locations, including but not lim ited to locations of nurseries, growing fields, propagating beds, holding beds and similar facilities where activities relating to terrestrial plants listed in 50 CFR 17.12 or 23.23 would be con ducted; (6) A brief and complete description of the nature of the applicant’s busi ness as it relates to engaging in busi ness as an importer, exporter, or re exporter of terrestrial plants listed in 50 CFR 17.12 or 23.23; (7) Any address where books or records concerning the importation, exportation, or reexportation of terres trial plants listed in 50 CFR 17.12 or 23.23 would be kept; (8) Name, address, and telephone number of the person authorized to make records or plant inventories available for examination by inspec tors or other duly authorized rep resentatives of the Secretary; and (9) Certification by signature of the applicant (must be a partner or officer if the applicant is a business) after the following language: ‘‘I hereby certify that the information in this applica tion is complete and accurate to the best of my knowledge and belief.’’ (c) Each application for a protected plant permit must be accompanied by a check or money order for $70 made pay able to Plant Protection and Quar antine. The fee shall not be refunded if the application is denied or abandoned. (d) After receipt and review of the ap plication by Plant Protection and Quarantine, a protected plant permit for the importation, exportation, and reexportation of terrestrial plants list ed in 50 CFR 17.12 or 23.23 shall be issued if the applicant has submitted an application containing all informa tion requested in paragraph (b) of this section, if the applicant has paid the fee in accordance with paragraph (c) of this section, and if a protected plant permit of the applicant or anyone re sponsibly connected with the business of the applicant has not been and is not denied, suspended or revoked pursuant to paragraph (i) of this section. VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00543 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 534 7 CFR Ch. III (1–1–18 Edition) § 355.11 (e) The applicant shall be notified in writing by Plant Protection and Quar antine of the approval or denial of any request for a protected plant permit. If a protected plant permit is denied, the notification shall state the reasons therefor. If a protected plant permit is denied, the applicant may request a hearing pursuant to paragraph (i)(1) of this section and may submit to Plant Protection and Quarantine, in writing, reasons why the permit should not have been denied. Such submissions of the applicant shall not be considered a new application if submitted within 60 days following the receipt of notifica tion of the denial by the applicant. (f) Upon receipt of an incomplete or improperly executed application, the applicant shall be notified by Plant Protection and Quarantine of the defi ciency of the application. If the appli cant fails to supply the deficient infor mation or otherwise fails to correct the deficiency within 60 days following the receipt of the notification by the appli cant, the application shall be consid ered abandoned. (g) Upon receipt of an application filed with an insufficient fee, or with out a fee, the application and any fee submitted will be returned to the appli cant. (h) A protected plant permit shall be valid for 2 years from the date of issuance unless suspended or revoked pursuant to paragraph (i) of this sec tion. A new application must be sub mitted for the renewal of the protected plant permit. A protected plant permit shall not be transferred, tampered with, amended or otherwise altered in any manner or form by any person. (i)(1) Any application for a protected plant permit may be denied and any protected plant permit which has been issued may be suspended or revoked for a time specified by the Deputy Admin istrator for any of the reasons provided in paragraph (i)(2) of this section. Be fore such action is taken, the applicant or permittee will be informed of the reasons for the proposed action, and upon request, shall be afforded an op portunity for a hearing with respect to the merits or validity of such action, in accordance with rules of practice which shall be adopted for the proceeding. However, such denial, suspension or revocation may become effective pend ing final determination in the pro ceeding, if the permittee has been con victed or a criminal violation of the Act, or of any regulation, permit, or certificate issued under the Act. Such denial, suspension or revocation shall be effective upon oral or written notifi cation, whichever is earlier, to the per mittee. In the event of oral notifica tion of the denial, suspension or rev ocation, written confirmation shall be given to the permittee as promptly as circumstances allow. This denial, sus pension or revocation shall continue in effect pending the completion of the proceeding and any judicial review thereof, unless otherwise ordered by the Deputy Administrator. (2) An application for a protected plant permit may be denied and any protected plant permit which has been issued may be suspended or revoked if: (i) Any requirement of this subpart is not complied with, or (ii) The applicant, permittee, or a person responsibly connected with the business of the applicant or permittee has been criminally convicted or had a civil penalty imposed for a violation of the Act or of any regulation, permit, or certificate issued under the Act, or (iii) The applicant, permittee, or a person responsibly connected with the business of the applicant or permittee has been convicted of any crime involv ing fraud, bribery, extortion, or any other crime involving a lack of integ rity needed for the conduct of oper ations concerning the importation, ex portation, or reexportation of terres trial plants listed in 50 CFR 17.12 or 23.23. (3) For the purposes of this section, a person shall be deemed to be respon sibly connected with the business of the applicant or permittee if the person is a partner, officer, director, holder, or owner of 10 percent or more or its vot ing stock, or an employee in a manage rial or executive capacity. (Information collection requirements were approved by the Office of Management and Budget under control number 0579–0076) [49 FR 42912, Oct. 25, 1984, as amended at 59 FR 67611, Dec. 30, 1994; 66 FR 21060, Apr. 27, 2001; 70 FR 57995, Oct. 5, 2005] VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00544 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 535 Animal and Plant Health Inspection Service, USDA § 355.21 4 Certain terrestrial plants listed in Appen dices I, II, or III of the Convention or deter mined by the U.S. Department of the Inte rior to be endangered or threatened or simi lar in appearance to endangered or threat ened species are required to be accompanied by documentation at the time of importa tion, exportation, or reexportation (see 50 CFR chapter I). Plants are allowed to be im ported, exported or reexported only at ports authorized for such purposes by the U.S. De partment of the Interior, or, under certain circumstances as determined by the U.S. De partment of the Interior, at nondesignated ports, pursuant to section 9(f) of the Act (16 U.S.C. 1538(f)). (see 50 CFR part 24 for a list of designated ports.) Subpart—Inspections and Related Provisions § 355.20 Marketing and notification re quirements for plants imported, ex ported, or reexported by means other than mail. 4 (a) Any terrestrial plant which is to be imported, exported, or reexported by means other than mail and which may be imported, exported, or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall at the time of importation, expor tation, or reexportation plainly and correctly bear on the outer container or on a tag, invoice, packing list, or other document accompanying the plant, the following information: (1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid), (2) Country and locality where col lected from the wild or where produced from cultivated stock, (3) Name and address (in the United States if exported or reexported) of shipper, owner or person shipping or forwarding the plants, (4) Name and address (in the United States if imported) of consignee, (5) Identifying shipper’s mark and number, and (6) Serial number and type (e.g., per mit, certificate) of document issued for the importation, exportation, or re exportation of the plant. (b) Promptly upon arrival at a port of import (listed in 50 CFR part 24, or, if allowed by the U.S. Department of the Interior, at a nondesignated port) of any terrestrial plant which is imported by means other than mail and which may be imported under 50 CFR part 17 or part 23 only if accompanied by docu mentation, the importer shall notify Plant Protection and Quarantine of the arrival and of the genus and species of the plant by such means as a manifest, Customs entry document, commercial invoice, waybill, broker’s document, or notice form provided for that purpose. (c) Prior to the exportation or re exportation of any terrestrial plant which is to be exported or reexported by other than mail and which may be exported or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, the exporter or re exporter shall notify Plant Protection and Quarantine of the intended expor tation or reexportation and of the genus and species of the plant by such means as a manifest, commercial in voice, waybill, broker’s document, or notice form provided for that purpose. (Information collection requirements were approved by the Office of Budget and Man agement under control number 0579–0076) [49 FR 42912, Oct. 25, 1984, as amended at 70 FR 57995, Oct. 5, 2005] § 355.21 Marking and mailing require ments for plants imported, ex ported, or reexported by mail. 5 (a) Any terrestrial plant which is to be imported by mail and which may be imported under 50 CFR part 17 or part 23 only if accompanied by documenta tion, shall be mailed to Plant Protec tion and Quarantine (at a port author ized for such purpose by the U.S. De partment of the Interior in 50 CFR part 24 pursuant to section 9(f) of the Act (16 U.S.C. 1538 (f))); and shall be accom panied by a separate sheet of paper within the package plainly and cor rectly bearing the name, address, and telephone number of the intended re cipient in the United States; and shall plainly and correctly bear on the outer container the following information: (1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid), (2) Country and locality where col lected from the wild or where produced from cultivated stock, (3) Name and address of shipper, owner, or person shipping or for warding the plants, and VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00545 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 536 7 CFR Ch. III (1–1–18 Edition) § 355.22 5 It is the policy of the Department of Agri culture to allow, if inspectors are available, terrestrial plants listed in 50 CFR 17.12 or 23.23 which are intended for export to be in spected at the premises where such plants are grown. However, the documentation re quired for the export of such plants by 50 CFR part 17 or part 23 shall only be validated at the port of export and only when such plants are presented at the port for export together with the documents required by 50 CFR part 17 or part 23 and a certified state ment by the inspector who inspected the plants that the plants are apparently eligible for exportation in accordance with the provi sions of this part and provisions of 50 CFR chapter I relating to the Act and Conven tion. Plants which have been previously in spected must be exported through a des ignated port (unless allowed by the United States Department of the Interior to be ex ported through a nondesignated port) in order to comply with section 9(f) of the Act [16 U.S.C. 1538(f)]. Plants which are inspected at the premises of origin must be available at the port of export for monitoring inspec tions and for other inspections deemed need for enforcement purposes, but, unless so in spected, will not need to be unpacked, in spected and repacked at the port. Informa tion concerning the availability of inspec tors to conduct inspections at the premise of origin may be obtained by calling local of fices of Plant Protection and Quarantine, which are listed in telephone directories, or by writing the Animal and Plant Health In spection Service, Plant Protection and Quar antine, Operational Support—Director’s Of fice, 4700 River Road, Unit 131, Riverdale, Maryland 20737–1236. (4) Serial number and type (e.g. per mit, certificate) of document issued for the importation of the plant. (b) Any terrestrial plant which is to be exported or reexported by mail and which may be exported or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall be mailed to Plant Protection and Quarantine (at a port authorized for such purpose by the U.S. Department of the Interior in 50 CFR part 24 pursu ant to section 9(f) of the Act (16 U.S.C. 1538(f))); shall be wrapped in double wrapping, with an unsealed inner wrap ping addressed to the foreign recipient and bearing sufficient postage for mail ing to the foreign destination; shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the following infor mation: (1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid), (2) Country and locality where col lected from the wild or where produced from cultivated stock, (3) Name and address in the United States of shipper, owner, or person shipping or forwarding the plants, and (4) Serial number and type (e.g. per mit, certificate) of document issued for the exportation or reexportation of the plant. (Information collection requirements were approved by the Office of Budget and Man agement under control number 0579–0076) § 355.22 Validation of documentation. (a) Documentation for any mailed or nonmailed terrestrial plant which is re quired to have documentation under 50 CFR part 17 or part 23 at the time of importation, must be validated by an inspector prior to movement of such plant from the Customs inspection area at the port of entry. The original docu mentation must be surrendered to the inspector at the time of validation. (b) Documentation for any mailed or nonmailed terrestrial plant which is listed in 50 CFR 17.12 or 23.23 and which is required to have documentation under 50 CFR part 17 or part 23 at the time of exportation or reexportation, must be validated at the port of export or reexport by an inspector prior to the exportation or reexportation of such plant. 5 The original and one copy of the documentation must be submitted for validation, and the copy must be surrendered to the inspector at the time of validation. (c) Documentation for a plant shall be validated under this section upon endorsement of the documentation by an inspector when he or she determines that the plant was apparently eligible for importation, exportation, or re exportation in accordance with the provisions of this part and the provi sions of 50 CFR chapter I relating to the Act and Convention. (d) To obtain validation of docu mentation, the importer, exporter, or reexporter, or agent thereof, shall make available to an inspector: (1) All shipping documents (including bills of lading, waybills, packing lists, and invoices): VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00546 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 537 Animal and Plant Health Inspection Service, USDA § 356.1 (2) All documents required by the Act and Convention; and (3) The plant being imported, ex ported, or reexported. (Information collection requirements were approved by the Office of Budget and Man agement under control number 0579–0076) [49 FR 42912, Oct. 25, 1984, as amended at 59 FR 67611, Dec. 30, 1994; 70 FR 57995, Oct. 5, 2005] § 355.23 Recordkeeping, access, and re ports. (a) Any person engaged in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR part 17 or part 23 shall keep such records as will fully and correctly disclose each importation, exportation, or reexpor tation of terrestrial plants made by such person and the subsequent dis position made by such person of the plants. Such records shall include ship ping documents for each shipment of plants imported, exported, or reex ported; a description of the form of the plants (such as whole live plants, cuttings, seeds, or other specific parts or derivatives of plants); the scientific and common names of the plants; the country or place of origin of the plants; the date and place of importation, ex portation, or reexportation of the plants; the number (weight if the plants cannot be quantified by number) and specific location of plants; the date and means of subsequent disposition of the plants, whether by sale, barter, consignment, loan, delivery, destruc tion, or other means; and names and addresses of persons to whom the plants were disposed, if applicable. (b) Every record required to be kept under this section shall be kept for a period of 5 years after the occurrence of the transactions to which the records relate, and for such further time as the Deputy Administrator may require by written notice to the person required to keep such records under this part for purposes of any investiga tion, litigation, or other proceeding under the Act or this part. (c) Any person engaged in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR part 17 or part 23 shall, upon presentation of credentials by an inspector or duly au thorized representatives of the Sec retary; during ordinary business hours of the person given notice, afford such inspector access to the person’s place of business, the opportunity to exam ine the person’s inventory of plants and the records required to be kept under paragraph (a) of this section, and the opportunity to copy such records. The use of a room, table, or other fa cilities (other than reproduction equip ment) necessary for examination and copying of records and for such exam ination of inventory shall be afforded such inspector. (d) Any person engaged in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR part 17 or part 23, upon written request by the Deputy Administrator, shall sub mit within 60 days of such request, a report concerning any of the informa tion required to be maintained under paragraphs (a) and (b) of this section. (Information collection requirements were approved by the Office of Budget and Man agement under control number 0579–0076) PART 356—FORFEITURE PROCEDURES Sec. 356.1 Property subject to forfeiture proce dures. 356.2 Appraisement. 356.3 Property valued at greater than $10,000; notice of seizure and civil action to obtain forfeiture. 356.4 Property valued at $10,000 or less; no tice of seizure and administrative action to obtain forfeiture. 356.5 Bonded release. 356.6 Storage of property. 356.7 Petition for remission or mitigation of forfeiture. 356.8 Return procedure. 356.9 Filing of documents. AUTHORITY: 16 U.S.C. 1540(f), 16 U.S.C. 3374); 7 CFR 2.22, 2.80, 371.3. SOURCE: 49 FR 42916, Oct. 25, 1984, unless otherwise noted. § 356.1 Property subject to forfeiture procedures. This part sets forth procedures relat ing to the forfeiture of any plant, equipment, means of conveyance or VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00547 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R