Finding of No Significant Impact 

for the Importation of Fresh Baby Kiwi (Actinidia argllta), 

Fig (Ficlls carica), and Pomegranate (Pilnica granatllm) Fruits 

from Chile into the Continental United States 

Environmental Assessment, 

December 2009 

The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service 

(APHIS), has prepared an environmental assessment (EA) that analyzes potential environmental 

consequences of allowing the importation of three fresh fruits from Chile figs, baby kiwis, and 

pomegranates into the continental United States. The EA, incorporated by reference in this 

document, is available online at 

http://www.regulations.gov/searchiRegs/home.html#documentDetail?R=0900006480a7bb4d 

(Document APHIS-2009-0097 -0003 within Docket APHIS-2009-0097) and from: 

U.S. Department of Agriculture 

Anin1al and Plant Health Inspection Service 

Plant Protection and Quarantine 

Regulatory Coordination and Compliance 

4700 River Road, Unit 133 

Riverdale, MD 20737-1236 

The EA analyzed alternatives of (1) no action in which the current regulations will ren1ain 

unchanged prohibiting the importation of fruit from Chile into the United States (no action 

alternative), and (2) the importation permitted under certain conditions (preferred alternative). 

Notice was provided to the public of the availability of the EA and the associated pest risk 

analyses for review and comment; the notice was published on February 9, 2010 in the Federal 

Register (75 FR 6344-6345, Docket APHIS-200()-0097). This notice resulted in the receipt of a 

number of public comments. Based on these comments, the proposed action was subdivided (l) 

to permit the importation of fresh baby kiwis and pomegranates, and (2) to postpone the 

importation and distribution of fresh figs from Chile into the continental United States pending 

further study of the proposed risk mitigations (Notice of Decision to Issue Permits, 75 FR 26707-

26708). Of the 49 public submissions received, only one commenter questioned allowing the 

importation of fresh figs from Chile under the risk mitigations proposed. No comments were 

made that resulted in changing the mitigations proposed for the importation of fresh baby kiwi 

and pomegranate fruits. APHIS has determined that there would be no significant impact to the 

human environment from the implementation of the preferred alternative for either fresh baby 

kiwis or fresh pomegranates from Chile. 

This Finding of No Significant Impact (FONSI) specifically addresses the importation of fresh 

baby kiwis and pomegranates from Chile as requested by Servicio Agricola y Ganadero (Chile's 

national plant protection organization). Comments received on the proposed importation of figs 

from Chile indicate that additional evaluation and consideration of this proposal is prudent. If 

the additional consideration results in a change to the proposal for figs, the EA will be amended 

to reflect the changes and additional evaluation. If no change is necessary, the additional 

considerations will be addressed in an addendum to this FONSI that will be prepared should 

APHIS determine that the importation of fresh figs from Chile may be safely permitted. 
Pennitting importation under certain conditions is preferred over the no action alternative for 

fresh baby kiwi and pomegranate fruits because it supports the Agency's efforts, in accordance 

with international trade agreements, to remove barriers to trade in the event that such barriers are 

found by scientific analysis to be unnecessary. The mitigation measures required by the pennits 

serve to negate or reduce the potential environmental consequences of importing fresh baby 

kiwis and pomegranates, and therefore are not likely to result in the introduction of plant pests 

associated with the importation of these two types of fruit from Chile. 

This FONSI is based upon the expected limited environmental consequences of implementing 

that portion of the preferred alternative that includes fresh baby kiwis and pomegranates, as 

analyzed in the EA. APHIS anticipates no impacts to threatened or endangered species or 

critical habitats from the importation of fresh baby kiwi and pomegranate fruits from Chile into 

the continental United States. I find that the preferred alternative poses no disproportionate 

adverse effects to minority and low-income populations and the actions undertaken for this 

program are entirely consistent with the principles of "environmental justice," as expressed in 

Executive Order 12898-"Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations." I further find the implementation of the treatments 

and other mitigations under the preferred alternative to be in compliance with Executive Order 

12114-"Environmental effects abroad of major Federal actions." Likewise, I find that the 

importation of fresh baby kiwis and fresh ponlegranates from Chile under the preferred 

alternative poses no disproportionate adverse effects to children and the actions undertaken under 

this alternative comply with the policy of Executive Order 13045-"Protection of Children from 

Environmental Health Risks and Safety Risks." 

Lastly, because I have not found evidence of significant environmental impact associated with 

importing fresh baby kiwis and pomegranates from Chile, I further find that an environmental 

impact statemellt does not need to be prepared for the importation and distribution of fresh baby 

kiwi and pomegranate fruits from Chile. 

) 

i~· Alan Green 

Executive Director, Plant Health Programs 

Plant Protection and Quarantine 

Animal and Plant Health Inspection Agency 

Date 

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