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|         |   | **Proposed Rule for the Movement of Commercial          |
|         |   | Shipments of Fresh Fruit from Hawaii**                  |
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|         |   |                                                         |
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|         |   | **Environmental Assessment,**                           |
|         |   |                                                         |
|         |   | **August 2007**                                         |
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**Proposed Rule for the Movement of Commercial Shipments of Fresh Fruit
from Hawaii**

**Environmental Assessment,**

**August 2007**

**Agency Contact:**

David Lamb

Senior Import Specialist

Commodity Import Analysis and Operation

Nonpropagative Plant Imports and Policy

Plant Protection and Quarantine

Animal and Plant Health Inspection Service

U.S. Department of Agriculture

4700 River Road, Unit 133

Riverdale, MD 20737

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all its programs and activities on the basis of race, color, national
origin, sex, religion, age, disability, political beliefs, sexual
orientation, or marital or family status. (Not all prohibited bases
apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact USDA'S TARGET Center at
(202) 720--2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of
Civil Rights, Room 326--W, Whitten Building, 1400 Independence Avenue,
SW, Washington, DC 20250--9410 or call (202) 720--5964 (voice and TDD).
USDA is an equal opportunity provider and employer.

Mention of companies or commercial products in this report does not
imply recommendation or endorsement by the U.S. Department of
Agriculture over others not mentioned. USDA neither guarantees nor
warrants the standard of any product mentioned. Product names are
mentioned solely to report factually on available data and to provide
specific information.

This publication reports research involving pesticides. All uses of
pesticides must be registered by appropriate State and/or Federal
agencies before they can be recommended.

CAUTION: Pesticides can be injurious to humans, domestic animals,

desirable plants, and fish or other wildlife---if they are not handled
or applied

properly. Use all pesticides selectively and carefully. Follow
recommended

practices for the disposal of surplus pesticides and pesticide
containers.

> **Table of Contents**

I.  
II. 

**[Need for This Action 1](#i.-need-for-this-action)[Alternatives
1](#ii.-alternatives)[A. No Action 2](#a.-no-action)**

[**B. Preferred Alternative 2**](#b.-proposed-action)

III. 

**[Environmental Impacts 8](#iii.-environmental-impacts)[A. No Action
8](#a.-no-action-1)**

[**B. Preferred Alternative 9**](#b.-proposed-action-1)

[**C. Cumulative Impacts of the Final Action
15**](#c.-cumulative-impacts-of-the-final-action)

IV. 

**[Other Environmental Considerations
16](#iv.-other-environmental-considerations)[A. Endangered Species Act
16](#a.-endangered-species-act)**

[**B. Other Considerations 17**](#b.-other-considerations)

V.  

VI. **[Listing of Agencies and Persons Consulted
    18](#__RefHeading___Toc166038882)[Literature Cited
    19](#vi.-literature-cited)**

# I. Need for This Action

The State of Hawaii has requested the U.S. Department of Agriculture
(USDA), Animal and Plant Health Inspection Service (APHIS), to allow the
interstate movement of mangosteen (*Garcinia mangostana*), dragon fruit
(species of *Hylocereus* and *Selenicereus*), melon (*Cucumis melo*),
pods of cowpea (*Vigna unguiculata)* and its relatives, breadfruit
(*Artocarpus altilis*), jackfruit (*Artocarpus heterophyllus*), and
fresh Moringa pods (*Moringa oleifera)* into the continental United
States. The current regulation titled Hawaiian Fruits, Vegetables and
Flowers (7 CFR 318.13) prohibits or restricts the movement of fruits,
vegetables, and flowers into the continental United States from Hawaii
in order to prevent the introduction and dissemination of plant pests
that are new to or not widely distributed within the continental United
States.

APHIS serves to facilitate safe trade to protect against the
introduction of pests. APHIS has prepared a pest risk assessment and a
pest mitigation document for the movement of commercial shipments of
these fruits from Hawaii into the continental United States. Upon
evaluation, APHIS proposes to amend 7 CFR 318.13 to permit, under
certain conditions, the movement of commercial shipments of mangosteen,
dragon fruit, melon, pods of cowpea and its relatives, breadfruit,
jackfruit, and fresh Moringa pods from Hawaii into the continental
United States following irradiation treatment.

This environmental assessment (EA) has been prepared, consistent with
USDA--APHIS' National Environmental Policy Act of 1969 (NEPA)
implementing procedures in 7 CFR 372 for the purpose of evaluating how
the proposed action may affect the quality of the human environment.

This document will be used to help determine whether or not to prepare
an environmental impact statement (EIS) which would entail a more
comprehensive study of the final action and alternatives than is
considered in this analysis. An EIS must be prepared if implementation
of the proposed action may significantly affect the quality of the human
environment.

# II. Alternatives

This EA analyzes potential environmental consequences from amending the
Hawaiian Fruits, Vegetables, and Flowers regulation to allow the
movement of commercial shipments of fruit from Hawaii into the
continental United States. Two alternatives are considered in this EA:
(1) no change in the current regulations which do not allow the movement
of commercial shipments of mangosteen, dragon fruit, melon, pods of
cowpea and its relatives, breadfruit, jackfruit, and Moringa pods from
Hawaii into the continental United States (the no action alternative),
and (2) amendment of the regulation to allow the movement of commercial
shipments of these fruits from Hawaii into the continental United States
under certain conditions (the proposed action).

## A. No Action

The no action alternative will leave the Hawaii fruits, vegetables, and
flower regulation unchanged. The movement of mangosteen, dragon fruit,
melon, pods of cowpea and its relatives, breadfruit, jackfruit, and
fresh Moringa pods from Hawaii into the continental United States would
continue to be prohibited.

## B. Proposed Action

The proposed action will amend the irradiation regulations under 7 CFR
305.34 and the existing fruit, vegetables, and flower regulations in 7
CFR 318.13 for the purposes of allowing the movement of commercial
shipments of mangosteen, dragon fruit, melon, pods of cowpea and its
relatives, breadfruit, jackfruit, and fresh Moringa pods from Hawaii
into the continental United States. The movement of fruit will be
subject to the following measures:

***Irradiation***

-   The fruit must be treated with irradiation in accordance with §
    305.34 in an APHIS-approved facility in Hawaii or the continental
    United States;

-   Irradiation treatment must be monitored by an APHIS inspector to
    ensure that the fruit received a minimum absorbed dose of 150 Gy or
    400 Gy

-   Each shipment containing fruit treated in Hawaii must be accompanied
    by a certificate of irradiation treatment in accordance with §
    305.34.

-   The fruit must be packaged, labeled and safeguarded from
    reinfestation by pests as per the requirements of treatment in
    accordance with § 305.34(b)(4).

[Treatment with the 150 gray dose]{.underline}

-   Must either receive

    -   a post-harvest dip in accordance with treatment schedule T102-c
        (warm soapy water and brushing) as provided in § 305.42(b); or

    -   originate from an orchard or growing area that was previously
        treated with a broad-spectrum insecticide during the growing
        season and a pre-harvest inspection of the orchard or growing
        area found the fruit free of any surface pests as prescribed in
        a compliance agreement.

-   The fruit must be inspected after harvest by an APHIS inspector in
    Hawaii and found free of spiraling whitefly (*Aleurodicus
    disperses*), inornate scale (*Aonidiella inornata*), green scale
    (*Coccus viridis*), red wax scale (*Ceroplastes rubens*), gray
    pineapple mealybug (*Dysmicoccus neobrevipes*), pink hibiscus
    mealybug (*Maconellicoccus hirsutus)*, spherical mealybug
    (*Nipaecoccus viridis*), and citrus mealybug (*Pseudococcus
    cryptus*), and melon thrips (*Thrips palmi*). The fruit must be
    inspected for signs of damage caused by melon thrips (*Thrips
    palmi*).

[Treatment with 400 Gy dose]{.underline}

-   would not be required to undergo additional inspection for insect
    pests.

[Movement of fruit to mainland for irradiation treatment]{.underline}

-   Must be treated with a minimum absorbed dose of 400 gray.

-   Shipments containing fruit to be treated in the continental United
    States must be issued a limited permit by an officer or official
    authorized by APHIS.

***Other Requirements***

-   The fruit must be free of leaves and stems

-   Must receive a post-harvest fungicidal dip appropriate for the
    fungus [Phytophthora tropicalis]{.underline} or originate from an
    orchard that was previously treated with an appropriate fungicide
    during the growing season and a pre-harvest inspection of the
    orchard found the fruit free of symptoms of the fungus.

-   The fruit would be subject to inspection upon arrival in accordance
    with § 318.13-8 if inspectors determine that such inspection is
    necessary.

***Irradiation***

-   The fruit must be treated with irradiation in accordance with §
    305.34 in an APHIS-approved facility in Hawaii or the continental
    United States;

-   Irradiation treatment must be monitored by an APHIS inspector to
    ensure that the fruit received a minimum absorbed dose of 400 Gy

-   Each shipment containing fruit treated in Hawaii must be accompanied
    by a certificate of irradiation treatment in accordance with §
    305.34.

-   The fruit must be packaged, labeled and safeguarded from
    reinfestation by pests as per the requirements of treatment in
    accordance with § 305.34(b)(4).

[Treatment at 400 Gy dose]{.underline}

-   Must be inspected after harvest by an APHIS inspector in Hawaii and
    found free of adults and pupae of the order Lepidoptera and the
    cassava red mite (*Oliganychus biharensis*).

[Movement of fruit to mainland for irradiation treatment]{.underline}

-   Must be treated with a minimum absorbed dose of 400 gray.

-   Shipments containing fruit to be treated in the continental United
    States must be issued a limited permit by an officer or official
    authorized by APHIS.

***Other Requirements***

-   The pods must be free of leaves and stems.

-   Pods moved into the mainland United States after treatment in Hawaii
    would be subject to inspection upon arrival in accordance with
    § 318.13-8 if inspectors determine that such inspection is
    necessary.

***Irradiation***

-   The fruit must be treated with irradiation in accordance with §
    305.34 in an APHIS-approved facility in Hawaii or the continental
    United States;

-   Irradiation treatment must be monitored by an APHIS inspector to
    ensure that the fruit received a minimum absorbed dose of 150 Gy or
    400 Gy

-   Each shipment containing fruit treated in Hawaii must be accompanied
    by a certificate of irradiation treatment in accordance with §
    305.34.

-   The fruit must be packaged, labeled and safeguarded from
    reinfestation by pests as per the requirements of treatment in
    accordance with § 305.34(b)(4).

[Treatment with the 150 gray dose]{.underline}

-   Must either receive

    -   a post-harvest dip in accordance with treatment schedule T102-c
        (warm soapy water and brushing) as provided in § 305.42(b); or

    -   originate from an orchard or growing area that was previously
        treated with a broad-spectrum insecticide during the growing
        season and a pre-harvest inspection of the orchard or growing
        area found the fruit free of any surface pests as prescribed in
        a compliance agreement.

-   The fruit must be inspected after harvest by an APHIS inspector in
    Hawaii and found free of gray pineapple mealybug, pink hibiscus
    mealybug, and citrus mealybug.

    -   Sepals, if present on the fruit sampled for inspection, must be
        removed during the pre-departure inspection.

[Treatment with 400 Gy dose]{.underline}

-   Would not be required to undergo additional inspection for insect
    pests.

[Movement of fruit to mainland for irradiation treatment]{.underline}

-   Must be treated with a minimum absorbed dose of 400 gray.

-   Shipments containing fruit to be treated in the continental United
    States must be issued a limited permit by an officer or official
    authorized by APHIS.

***Other Requirements***

-   The fruit must be free of leaves and stems

-   The fruit would be subject to inspection upon arrival in accordance
    with § 318.13-8 if inspectors determine that such inspection is
    necessary.

***Irradiation***

-   The fruit must be treated with irradiation in accordance with §
    305.34 in an APHIS-approved facility in Hawaii or the continental
    United States;

-   Irradiation treatment must be monitored by an APHIS inspector to
    ensure that the fruit received a minimum absorbed dose of 150 Gy or
    400 Gy

-   Each shipment containing fruit treated in Hawaii must be accompanied
    by a certificate of irradiation treatment in accordance with §
    305.34.

-   The fruit must be packaged, labeled and safeguarded from
    reinfestation by pests as per the requirements of treatment in
    accordance with § 305.34(b)(4).

[Treatment with the 150 gray dose]{.underline}

-   Must either receive

    -   a post-harvest dip in accordance with treatment schedule T102-c
        (warm soapy water and brushing) as provided in § 305.42(b); or

    -   originate from an orchard or growing area that was previously
        treated with a broad-spectrum insecticide during the growing
        season and a pre-harvest inspection of the orchard or growing
        area found the fruit free of any surface pests as prescribed in
        a compliance agreement.

-   The fruit must be inspected after harvest by an APHIS inspector in
    Hawaii and found free of gray pineapple mealybug, pink hibiscus
    mealybug, citrus mealybug, and *Thrips florum*.

    -   Sepals, if present on the fruit sampled for inspection, must be
        removed during the pre-departure inspection.

[Treatment with 400 Gy dose]{.underline}

-   Would not be required to undergo additional inspection for insect
    pests.

[Movement of fruit to mainland for irradiation treatment]{.underline}

-   Must be treated with a minimum absorbed dose of 400 gray.

-   Shipments containing fruit to be treated in the continental United
    States must be issued a limited permit by an officer or official
    authorized by APHIS.

***Other Requirements***

-   The fruit must be free of leaves and stems

-   The fruit would be subject to inspection upon arrival in accordance
    with § 318.13-8 if inspectors determine that such inspection is
    necessary.

***Irradiation***

-   The fruit must be treated with irradiation in accordance with §
    305.34 in an APHIS-approved facility in Hawaii or the continental
    United States;

-   Irradiation treatment must be monitored by an APHIS inspector to
    ensure that the fruit received a minimum absorbed dose of 150 Gy or
    400 Gy

-   Each shipment containing fruit treated in Hawaii must be accompanied
    by a certificate of irradiation treatment in accordance with §
    305.34.

-   The fruit must be packaged, labeled and safeguarded from
    reinfestation by pests as per the requirements of treatment in
    accordance with § 305.34(b)(4).

[Treatment with the 150 gray dose]{.underline}

-   Must either receive

    -   a post-harvest dip in accordance with treatment schedule T102-c
        (warm soapy water and brushing) as provided in § 305.42(b); or

    -   originate from an orchard or growing area that was previously
        treated with a broad-spectrum insecticide during the growing
        season and a pre-harvest inspection of the orchard or growing
        area found the fruit free of any surface pests as prescribed in
        a compliance agreement.

-   The fruit must be inspected after harvest by an APHIS inspector in
    Hawaii and found free of the spiraling whitefly.

[Treatment with 400 Gy dose]{.underline}

-   Would not be required to undergo additional inspection for insect
    pests.

[Movement of fruit to mainland for irradiation treatment]{.underline}

-   Must be treated with a minimum absorbed dose of 400 gray.

-   Shipments containing fruit to be treated in the continental United
    States must be issued a limited permit by an officer or official
    authorized by APHIS.

***Other Requirements***

-   The fruit must be free of leaves and stems

-   The fruit must be washed to remove any soil.

-   The fruit would be subject to inspection upon arrival in accordance
    with § 318.13-8 if inspectors determine that such inspection is
    necessary.

***Irradiation***

-   The fruit must be treated with irradiation in accordance with §
    305.34 in an APHIS-approved facility in Hawaii or the continental
    United States;

-   Irradiation treatment must be monitored by an APHIS inspector to
    ensure that the fruit received a minimum absorbed dose of 150 Gy or
    400 Gy

-   Each shipment containing fruit treated in Hawaii must be accompanied
    by a certificate of irradiation treatment in accordance with §
    305.34.

-   The fruit must be packaged, labeled and safeguarded from
    reinfestation by pests as per the requirements of treatment in
    accordance with § 305.34(b)(4).

[Treatment with the 150 gray dose]{.underline}

-   Must either receive

    -   a post-harvest dip in accordance with treatment schedule T102-c
        (warm soapy water and brushing) as provided in § 305.42(b); or

    -   originate from an orchard or growing area that was previously
        treated with a broad-spectrum insecticide during the growing
        season and a pre-harvest inspection of the orchard or growing
        area found the fruit free of any surface pests as prescribed in
        a compliance agreement.

-   The fruit must be inspected after harvest by an APHIS inspector in
    Hawaii and found free of the spiraling whitefly, inornate scale,
    green scale, and citrus mealybug.

[Treatment with 400 Gy dose]{.underline}

-   Would not be required to undergo additional inspection for insect
    pests.

[Movement of fruit to mainland for irradiation treatment]{.underline}

-   Must be treated with a minimum absorbed dose of 400 gray.

-   Shipments containing fruit to be treated in the continental United
    States must be issued a limited permit by an officer or official
    authorized by APHIS.

***Other Requirements***

-   The fruit would be subject to inspection upon arrival in accordance
    with § 318.13-8 if inspectors determine that such inspection is
    necessary.

The proposed rule will also add irradiation treatment at a minimum
absorbed dose of 150 Gy to treat commodities in which coconut scale
(*Aspidiotus destructor*) and white peach scale (*Pseudaulacaspis
pentagona*) may be present, and that a minimum absorbed dose of 100 gray
to treat commodities in which *Copitarsia decolora* (Lepidoptera:
Noctuidae) may be present to § 305.31(a).

# 

# III. Environmental Impacts

## A. No Action

Under the no action alternative, the movement of these fruits
(mangosteen, dragon fruit, melon, pods of cowpea and its relatives,
breadfruit, jackfruit, and Moringa pods) from Hawaii would continue to
be prohibited; Hawaii would not be able to export these commodities into
the continental United States. Under the no action alternative, there
would be no environmental effects; however, this alternative would not
serve the purpose of maximizing safe trade since the proposed action
outlines mitigation measures that would be effective against the
introduction of pests allowing the safe movement of commercial shipments
of these fruits from Hawaii into the continental United States.

## 

## B. Proposed Action

Under the proposed rule, the Hawaii fruits, vegetables, and flower
regulation (7 CFR 318.19) will be amended to allow the movement of
commercial shipments of fresh mangosteen, dragon fruit, melon, pods of
cowpea and its relatives, breadfruit, jackfruit, and Moringa Pods from
Hawaii into the continental United States.

**[Breadfruit and Jackfruit]{.underline}**

The PRA for breadfruit and jackfruit identified 13 quarantine
significant pests which could potentially follow the pathway from Hawaii
to the mainland United States. These included several species of fruit
fly, scale insects, mealybugs, and thrips. The PRA also identified the
fungus [Phytophthora tropicalis]{.underline} as a pathogen likely to
follow the pathway (APHIS, 2006a).

-   Irradiation at the 150 gray dose is effective against all fruit
    flies and certain other pests. To protect against the introduction
    of other insect pests into the mainland United States, APHIS would
    require that breadfruit and jackfruit to be treated with the 150
    gray dose must either receive a post-harvest dip in accordance with
    treatment schedule T102-c (warm soapy water and brushing) as
    provided in § 305.42(b), or originate from an orchard or growing
    area that was previously treated with a broad-spectrum insecticide
    during the growing season and a pre-harvest inspection of the
    orchard or growing area found the fruit free of any surface pests as
    prescribed in a compliance agreement. The fruit must be inspected
    after harvest by an APHIS inspector in Hawaii and found free of
    spiraling whitefly (*Aleurodicus disperses*), inornate scale
    *(Aonidiella inornata*), green scale *(Coccus viridis*), red wax
    scale (*Ceroplastes rubens*), gray pineapple mealybug (*Dysmicoccus
    neobrevipes*), pink hibiscus mealybug (*Maconellicoccus hirsutus*),
    spherical mealybug (*Nipaecoccus viridis*), citrus mealybug
    (*Pseudococcus cryptus*), and melon thrips (*Thrips palmi*) (APHIS,
    2007). The fruit must be inspected for signs of damage caused by
    melon thrips (*Thrips palmi*).

The 400 gray dose has been found to be effective against all insect
pests, excluding adults and pupae of the order Lepidoptera, which are
the stages that generally do not feed on fruit or pods. The PRA for
breadfruit and jackfruit did not identify any quarantine significant
Lepidopteran pests likely to follow the pathway (APHIS, 2006a).
Therefore, breadfruit and jackfruit receiving treatment at the 400 gray
dose in Hawaii would not be required to undergo additional inspection
for insect pests (APHIS, 2007).

However, neither the 150 gray nor the 400 gray dose has been determined
to be effective against the fungus *Phytophthora tropicalis*. Therefore,
in addition to irradiation, breadfruit and jackfruit must receive a
post-harvest fungicidal dip appropriate for the fungus *Phytophthora
tropicalis* or originate from an orchard that was previously treated
with an appropriate fungicide during the growing season and a
pre-harvest inspection of the orchard found the fruit free of symptoms
of the fungus (APHIS, 2007).

**[Cowpea and its Relatives]{.underline}**

The PRA for fresh pods of cowpea and its relatives identified 11
quarantine significant pests which could potentially follow the pathway
from Hawaii to the mainland United States. These included several
species of fruit flies, mealybugs, and thrips, as well as cassava red
mite (*Oligonychus biharensis*) and several Lepidopteran pests (APHIS,
2006b)

Fresh pods of cowpea and its relatives must be treated with a minimum
absorbed dose of 400 gray because the 150 gray dose is not known to be
effective against the internal stages of pests of the order Lepidoptera.
The 400 gray dose is effective against all insect pests, excluding
adults and pupae of the order Lepidoptera. However, neither the 150 gray
nor the 400 gray dose have been determined to be effective against the
cassava red mite. Therefore, fresh pods of cowpea and its relatives must
be inspected after harvest by an APHIS inspector in Hawaii and found
free of adults and pupae of the order Lepidoptera and the cassava red
mite (APHIS, 2007).

**[Dragon Fruit]{.underline}**

The PRA for dragon fruit identified five quarantine significant pests
which could potentially follow the pathway from Hawaii to the mainland
United States. These included two species of fruit fly, Oriental fruit
fly (*Bactrocera dorsalis*), and Mediterranean fruit fly (*Ceratitis
capitata*), and three species of mealybug (APHIS, 2006c).

Irradiation at the 150 gray dose is effective against all fruit flies
and certain other pests. To protect against the introduction of other
insect pests into the mainland United States, APHIS would require that
dragon fruit to be treated with the 150 gray dose must either receive a
post-harvest dip in accordance with treatment schedule T102-c (warm
soapy water and brushing) as provided in § 305.42(b), or originate from
an orchard or growing area that was previously treated with a
broad-spectrum insecticide during the growing season and a pre-harvest
inspection of the orchard or growing area found the fruit free of any
surface pests as prescribed in a compliance agreement. APHIS would also
require dragon fruit to be treated with the 150 gray dose to be
inspected after harvest by an APHIS inspector in Hawaii and found free
of gray pineapple mealybug, pink hibiscus mealybug, and citrus mealybug
(APHIS, 2007). Sepals, if present on the fruit sampled for inspection,
must be removed during the pre-departure inspection.

The 400 gray dose is effective against all insect pests, excluding
adults and pupae of the order Lepidoptera. The PRA for dragon fruit did
not identify any quarantine significant Lepidopteran pests likely to
follow the pathway. Dragon fruit receiving treatment at the 400 gray
dose in Hawaii would not be required to undergo additional inspection
for insect pests (APHIS, 2007).

**[Mangosteen]{.underline}**

The PRA for mangosteen identified six quarantine significant pests which
could potentially follow the pathway from Hawaii to the mainland United
States, including fruit flies, mealybugs, and *Thrips florum* (APHIS,
2006d)

Irradiation at the 150 gray dose is effective against all fruit flies
and certain other pests. To protect against the introduction of other
insect pests into the mainland United States, APHIS would require that
mangosteen to be treated with the 150 gray dose must either receive a
post-harvest dip in accordance with treatment schedule T102-c (warm
soapy water and brushing) as provided in § 305.42(b), or originate from
an orchard or growing area that was previously treated with a
broad-spectrum insecticide during the growing season and a pre-harvest
inspection of the orchard or growing area found the fruit free of any
surface pests as prescribed in a compliance agreement. APHIS would also
require mangosteen to be inspected after harvest by an APHIS inspector
in Hawaii and found free of gray pineapple mealybug, pink hibiscus
mealybug, citrus mealybug, and *Thrips florum* (APHIS, 2007). Sepals, if
present on the fruit sampled for inspection, must be removed during the
pre-departure inspection.

The 400 gray dose is effective against all insect pests, excluding
adults and pupae of the order Lepidoptera. The PRA for mangosteen did
not identify any quarantine significant Lepidopteran pests likely to
follow the pathway. Mangosteen receiving treatment at the 400 gray dose
in Hawaii would not be required to undergo additional inspection for
insect pests (APHIS, 2007).

**Melon**

The PRA for melon identified four quarantine significant pests which
could potentially follow the pathway from Hawaii to the mainland United
States, including fruit flies and spiraling whitefly (APHIS, 2006e).

Irradiation at the 150 gray dose is effective against all fruit flies
and certain other pests. To protect against the introduction of other
insect pests into the mainland United States, APHIS would require that
melons to be treated with the 150 gray dose must either receive a
post-harvest dip in accordance with treatment schedule T102-c (warm
soapy water and brushing) as provided in § 305.42(b), or originate from
an orchard or growing area that was previously treated with a
broad-spectrum insecticide during the growing season and a pre-harvest
inspection of the orchard or growing area found the fruit free of any
surface pests as prescribed in a compliance agreement. APHIS would also
require Hawaiian melons to be washed to remove soil and inspected after
harvest by an APHIS inspector in Hawaii and found free of spiraling
whitefly (APHIS, 2007).

The 400 gray dose is effective against all insect pests, excluding
adults and pupae of the order Lepidoptera. The PRA for melon did not
identify any quarantine significant Lepidopteran pests likely to follow
the pathway. Melons receiving treatment at the 400 gray dose in Hawaii
would not be required to undergo additional inspection for insect pests
(APHIS, 2007).

**[Moringa Pods]{.underline}**

The PRA for moringa pods identified seven quarantine significant pests
which could potentially follow the pathway from Hawaii to the mainland
United States, including fruit flies, spiraling whitefly, scale insects,
and citrus mealybug (APHIS, 2006f).

Irradiation at the 150 gray dose is effective against all fruit flies
and certain other pests. To protect against the introduction of other
insect pests into the mainland United States, APHIS would require that
moringa pods to be treated with the 150 gray dose must be either receive
a post-harvest dip in accordance with treatment schedule T102-c (warm
soapy water and brushing) as provided in § 305.42(b), or originate from
an orchard or growing area that was previously treated with a
broad-spectrum insecticide during the growing season and a pre-harvest
inspection of the orchard or growing area found the fruit free of any
surface pests as prescribed in a compliance agreement. APHIS would also
require moringa pods to be inspected after harvest by an APHIS inspector
in Hawaii and found free of spiraling whitefly, inornate scale, green
scale, and citrus mealybug (APHIS, 2007).

The 400 gray dose is effective against all insect pests, excluding
adults and pupae of the order Lepidoptera. The PRA for moringa pods did
not identify any quarantine significant Lepidopteran pests likely to
follow the pathway. Moringa pods receiving treatment at the 400 gray
dose in Hawaii would not be required to undergo additional inspection or
treatment for insect pests (APHIS, 2007).

APHIS believes the mitigations described above will allow these tropical
fruits to move from Hawaii to the mainland United States while
continuing to prevent plant pests from entering the mainland United
States from Hawaii (APHIS, 2007).

Risk mitigation measures, such as irradiation, fungicidal treatment, and
inspections are designed to prevent any potential quarantine insects or
pathogens from entering the continental United States. Environmental
concerns associated with the mitigations to be implemented for the
movement of commercial shipments of these fruits from Hawaii are
discussed below in greater detail.

Irradiation treatment involves exposure of the commodity, under
controlled conditions, to gamma rays or to electron beams. The amount of
energy absorbed is expressed in units of Grays (Gy). Under 7 CFR 305.31,
the current regulation calls for a minimum absorbed dose of 150 Gy to
neutralize fruit flies and a minimum absorbed dose of 400 Gy for a
neutralization of other insect pests, excluding adults and pupae of the
order Lepidoptera. Neutralization signifies that the insect has been
killed, rendered sterile, or prevented from further development into an
adult (APHIS, 2007).

Specific requirements for irradiation treatment facilities used to treat
commodities imported into the continental United States are provided in
7 CFR 305.31. In compliance with these regulations, specific operational
requirements for each irradiation facility in Hawaii will be provided in
an operational work plan.

Consumption of irradiated fruits and vegetables poses no significant
risk to consumers. The U.S. Department of Health and Human Services'
Food and Drug Administration (FDA) issued a final rule regarding food
irradiation in 1986 (21 CFR 179) which states that absorption rates
below 1000 Gy will not make food radioactive, affect the safety of the
food, alter the nutritional value of the food, or adversely affect the
balance between microbial spoilage organisms and pathogenic organisms.

FDA also determined that no adverse environmental effects are
anticipated at food processing plants that are designed to irradiate
fruits and vegetables (FDA, 1982). Properly designed and correctly
operated commercial irradiators have been routinely shown to function
without significant radiation risk to workers or the public (CH2M Hill,
1987). A written certification by a licensed engineering and safety
inspector will be issued showing that the facility meets all safety and
health requirements for safe operation in compliance with 7 CFR 305.31.

Since 2002, 15 different fruits have been approved for irradiation
treatment for movement from Hawaii into the continental United States at
a minimum absorbed dose ranging from 150 to 400 Gy without any observed
adverse effects to human health or the level of pest risk. Fruits and
vegetables treated with irradiation in Hawaii and moved to the
continental United States have had no live pest interceptions of
quarantine significance (APHIS, 2007).

Irradiation at 150 or 400 Gy is not known to be effective against fungi.
The pest list identified one fungi, *P. tropicales*, associated with the
movement of breadfruit and jackfruit as a potential pest of concern.
*P. tropicales* can survive in tropical and temperate regions that exist
in the United States. It is normally associated with tropical and
subtropical host plants which are mainly used as ornamentals in the
United States. Recently, P. tropicales was identified in Virginia. This
recent introduction has caused a severe impact to U.S. agriculture and
industries (APHIS, 2006a).

To mitigate *P. tropicales*, breadfruit and jackfruit must either
receive a postharvest fungicidal dip, which is appropriate for *P.
tropicales*, or the fruit must originate from an orchard that was
previously treated with an appropriate fungicide during the growing
season and a preharvest inspection of the orchard found the fruit free
of disease. The pest management document concluded that either the
postharvest dip plus pre-harvest inspection or the application of
fungicide is considered sufficient to mitigate *P. tropicales* (APHIS,
2007).

The use of fungicide in the orchards or postharvest fungicidal dip
should not result in human health or environmental effects. Only
fungicides approved by the Environmental Protection Agency (EPA) for use
on breadfruit and jackfruit to treat *P. tropicales* can be used.
Adherence to the fungicide labels provides safeguards to humans who are
applying the chemical and helps reduce any effect to the environment.

Inspections are designed to mitigate the potential risk of non-native
pests being introduced into the United States. Mitigation for several
insect pests under the 150 Gy dose option, adults and pupae of
Lepidoptera, as well as the cassava red mite will rely on inspection as
an effective means to prevent the introduction of foreign pests into the
continental United States. The APHIS pest mitigation document concludes
that because of the size and characteristics of the insects, mite, and
adults and pupae of Lepidoptera, inspection is considered adequate to
mitigate these external pests (APHIS, 2007).

[]{.mark}

There will be no environmental effects from the addition of irradiation
treatments for three additional pests. Studies by the Department's
Agricultural Research Service have found that a minimum absorbed dose of
150 gray is adequate to treat commodities in which coconut scale
(*Aspidiotus destructor*) and white peach scale (*Pseudaulacaspis
pentagona*) may be present, and that a minimum absorbed dose of 100 gray
is adequate to treat commodities in which *Copitarsia decolora*
(Lepidoptera: Noctuidae) may be present. []{.mark}

## C. Cumulative Impacts of the Final Action

NEPA regulations require that Federal agencies analyze the potential
cumulative effects of an action meaning "the impact on the environment
which results from the incremental impact of the action when added to
other past, present, and reasonably foreseeable future actions"
(40 CFR 1508.7).

The mitigations of the proposed action are expected to provide an
effective level of phytosanitary protection (APHIS, 2007). They are
designed to prevent adverse cumulative impacts on the environment by
decreasing the risk of introduction and establishment of quarantine
plant pests as a result of the movement of commercial shipments of these
fruits from Hawaii into the continental United States. Should other
countries petition to export these fruits into the continental United
States, their requests will be considered under separate rulemakings.
There are not likely to be any cumulative impacts on the environment
since the rule is designed to effectively mitigate every identified
quarantine pest risk associated with the movement of commercial
shipments of these fruits from Hawaii.

# IV. Other Environmental Considerations

The APHIS--NEPA implementing procedures require, to the fullest extent
possible, the integration of Federal environmental laws and executive
orders with the analysis of environmental impacts (7 CFR 372.7). The
following laws and executive orders hve been considered in this
environmental assessment.

## 

## A. Endangered Species Act 

Section 7 of the Endangered Species Act and its implementing regulations
require Federal agencies to ensure that their actions are not likely to
jeopardize the continued existence of endangered or threatened species
or result in the destruction or adverse modification of critical
habitat.

USDA--APHIS has considered the potential environmental effects of the
proposed rule to allow the movement of commercial shipments of these
fruits from Hawaii into the continental United States. Because the
rule's required mitigations including irradiation, fungicide treatment,
and inspection are designed to be effective in preventing the
establishment of the 20 pests of concern, no adverse impact on
identified potential host species in the continental United States is
anticipated (APHIS, 2007). The movement of commercial shipments of these
fruits from Hawaii into the continental United States is, therefore,
expected to have no effect on federally listed threatened or endangered
species or their habitats.

## B. Other Considerations

Certain executive orders, such as Executive Order 13045 (Protection of
Children from Environmental Health Risks and Safety Risks), Executive
Order 12898 (Federal Actions to address Environmental Justice in
Minority Populations and Low-income Populations), Executive Order 12114
(Environmental Effects Abroad of Major Federal Actions), and
departmental or agency directives call for special environmental reviews
in certain circumstances. No circumstances that will trigger the need
for special environmental review are involved in implementing the
proposed action discussed in this document. No disproportionate adverse
effects are anticipated to any minority or low-income population of the
United States.

[]{#__RefHeading___Toc166038882 .anchor}**V. Listing of Agencies and
Persons Consulted**

U.S. Department of Agriculture

Animal and Plant Health Inspection Service

Policy and Program Development

Environmental Services, Unit 149

Riverdale, MD 20737

U.S. Department of Agriculture

Animal and Plant Health Inspection Service

Plant Protection and Quarantine

Commodity Import Analysis and Operation, Unit 133

Riverdale, MD 20737

U.S. Department of Agriculture

Animal and Plant Health Inspection Service

Plant Protection and Quarantine

Phytosanitary Issues Management, Unit 140

Riverdale, MD 20737

U.S. Department of Agriculture

Animal and Plant Health Inspection Service

Plant Protection and Quarantine

Regulatory Coordination, Unit 156

Riverdale, MD 20737

# VI. Literature Cited

APHIS---See U.S. Department of Agriculture, Animal and Plant Health
Inspection Service.

ARS---See U.S. Department of Agriculture, Agriculture Research Service.

CH2M Hill, 1987. Feasibility study for a commodities irradiation
facility in the State of Hawaii (final report and attachments). State of
Hawaii, April, 1987.

FDA---See U.S. Department of Health and Human Services, Food and Drug
Administration.

U.S. Department of Health and Human Services, Food and Drug
Administration, 1982. Proposed regulation for the use of irradiation for
the treatment of food. Environmental Assessment, September 1982.
Riverdale, Maryland

U.S. Department of Agriculture, Animal and Plant Health Inspection
Service 2006a. Movement of Breadfruit, (*Artocarpus altilis*), and
Jackfruit, (*Artocarpus heterophyllus*), from Hawaii into Continental
United States. A Qualitative Pathway-Initiated Risk Assessment. December
21, 2006. Honolulu, Hawaii.

U.S. Department of Agriculture, Animal and Plant Health Inspection
Service 2006b. Movement of Cowpea, and its relatives (*Vigna
unguiculata* (L.) Walp), as Fresh Immature Fruit Pods from Hawaii into
the Continental United States. September 11, 2006. Honolulu, Hawaii.

U.S. Department of Agriculture, Animal and Plant Health Inspection
Service 2006c. Movement of Dragon fruit (*Hylocereus, Selenicereus*)
from Hawaii into the Continental United States. A Qualitative
Pathway-initiated Risk Assessment. September 11, 2006. Honolulu, Hawaii.

U.S. Department of Agriculture, Animal and Plant Health Inspection
Service 2006d. Movement of Mangosteen, *Garcinia mangostana*, from
Hawaii into the Continental United States. A Pathway-initiated Risk
Assessment. September 11, 2006. Honolulu, Hawaii.

U.S. Department of Agriculture, Animal and Plant Health Inspection
Service 2006e. Movement of Melon, *Cucumis melo* L., from Hawaii into
the Continental United States. A Qualitative Pathway-Initiated Risk
Assessment. September 11, 2006. Raleigh, North Carolina.

U.S. Department of Agriculture, Animal and Plant Health Inspection
Service 2006f. Movement of *Moringa oleifera* Pods from Hawaii into the
Continental United States. A Qualitative Pathway-Initiated Risk
Assessment. September 11, 2006. Honolulu, Hawaii.

U.S. Department of Agriculture, Animal and Plant Health Inspection
Service 2007. Risk Management Document: Movement of the Fresh Fruit of
*Garcinia mangostana* L. (mangosteen), Species of *Hylocereus,
Selenicereus* (Dragonfruit), *Cucumis melo* L. (Melon), *Vigna
unguiculata* (L.) Walp, (Cowpea and its relatives), *Artocarpus altilis*
(Breadfruit), *Artocarpus heterophyllus* (Jackfruit), and *Moringa
oleifera* Pods, from Hawaii into the Continental United States. March 8,
2007. Riverdale, Maryland.