63 



question about subsequent movement. It has no provisions, as 

 drafted, for unintentional movement. 



Senator Akaka. What new legislation would be required in order 

 for APHIS to respond to new infestations of plants, animals and 

 pathogens that are not currently subject to quarantine status? 



Mr. Lee. Mr. Chairman, I am not prepared to answer that ques- 

 tion today. I would be happy to submit for the record a response. 

 It requires review by the OGC. 



Senator Akaka. Please do that. 



Senator Akaka. Would APHIS oppose legislation that permits 

 your agency to cooperatively enforce State laws designed to exclude 

 harmful non-indigenous species? 



Mr. Lee. The USDA would be very wiUing to work with the Com- 

 mittee and review any proposal that would affect the Department. 



Senator Akaka. In your testimony, Mr. Lee, you State that exclu- 

 sion decisions must comply with existing international trade agree- 

 ments, and must be in accord with science-based risk information. 

 It strikes me that by the time adequate risk information is devel- 

 oped and determinations can be made about compliance with inter- 

 national trade agreements, alien species may have already become 

 estabHshed. 



Would you support emergency authority to prevent entry of po- 

 tentially threatening species until you can complete your risk and 

 trade analysis? 



Mr. Lee. I believe the Secretary would use any authority pro- 

 vided him to the fullest value while analyses are being prepared to 

 make those determinations. 



Senator Akaka. As the experience in Guam indicates, the brown 

 tree snake has had a devastating effect, as I mentioned, on birds, 

 including chickens. Yet, APHIS has not classified this nuisance as 

 an agricultural pest. What new legislation would APHIS require to 

 respond to pests that are not strictly speaking agricultural pests? 



Mr. Lee. Our current authorities take into account the economic 

 impact of both animal and plant pests on commercial agricultural 

 commodities. APHIS' role to control non-agricultural pests would 

 entail an expansion of the duties required of the agency. However, 

 I would like to point out as I did in my testimony that APHIS is 

 currently developing comprehensive regulations governing the in- 

 troduction of non-indigenous organisms and both the intentional 

 and then subsequent movement of those non-indigenous organisms. 

 We are very willing to work with the Congress to develop necessary 

 legislation to respond to pests that are not now covered by our au- 

 thority. 



Senator Akaka. The Hawaii inspection program has been of con- 

 cern to us. What are the impediments that prevent APHIS from in- 

 stitutmg the Hawaii inspection program, and how do we overcome 

 these problems? 



Mr. Lee. There are three major impediments, Mr. Chairman, as 

 we see them. One is the question of authorities. One is the legal 

 question. The third is a resource question. I think working with the 

 Committee, we can resolve the third of the three. Working with the 

 agencies, I believe, can resolve the other two. I think those impedi- 

 ments can be resolved. 



