[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Rules and Regulations]
[Pages 2285-2286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00594]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules
and Regulations
[[Page 2285]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 71, 83, and 93
[Docket No. APHIS-2007-0038]
RIN 0579-AC74
Viral Hemorrhagic Septicemia; Interstate Movement and Import
Restrictions on Certain Live Fish
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule; withdrawal.
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SUMMARY: We are withdrawing an interim rule that established
regulations to restrict the interstate movement and importation into
the United States of live fish that are susceptible to viral
hemorrhagic septicemia, a highly contagious disease of certain fresh
and saltwater fish. We are taking this action after considering the
comments we received following the publication of the interim rule,
which subsequently delayed the effective date of the interim rule
indefinitely.
DATES: The interim rule published on September 9, 2008 (73 FR 52173-
52189, Docket No. APHIS-2007-0038), and delayed in documents published
on October 28, 2008 (73 FR 63867, Docket No. APHIS-2007-0038), and
January 2, 2009 (74 FR 1, Docket No. APHIS-2007-0038), is withdrawn
effective January 16, 2015.
FOR FURTHER INFORMATION CONTACT: Dr. Lynn Creekmore, Senior Staff
Veterinary Medical Officer, Surveillance, Preparedness and Response
Services, VS, APHIS, 2150 Centre Avenue, Building B, Fort Collins, CO
80526; 970-494-7354; or Dr. Christa L. Speekmann, Senior Staff Officer,
National Import Export Services, VS, APHIS, 4700 River Road Unit 39,
Riverdale, MD 20737-1231; (301) 851-3365.
SUPPLEMENTARY INFORMATION:
Background
Viral hemorrhagic septicemia (VHS) is a highly contagious disease
of certain fresh and saltwater fish, caused by a rhabdovirus. It is
listed as a notifiable disease by the World Organization for Animal
Health. The pathogen produces variable clinical signs in fish including
lethargy, skin darkening, exophthalmia, pale gills, a distended
abdomen, and external and internal hemorrhaging. The development of the
disease in infected fish can result in substantial mortality. Other
infected fish may not show any clinical signs or die, but may be
lifelong carriers and shed the virus.
Federal Order
The Animal Health Protection Act (AHPA, 7 U.S.C. 8301-8317)
authorizes the Secretary of Agriculture to prohibit or restrict the
importation or movement in interstate commerce of any animal, article,
or means of conveyance if the Secretary determines that the prohibition
or restriction is necessary to prevent the introduction or
dissemination of any pest or disease of livestock into or within the
United States.
In response to outbreaks of VHS in wild fish populations in the
Great Lakes, the Administrator determined that it was necessary, in
order to prevent the spread of VHS into aquaculture facilities, to
prohibit or restrict the interstate movement and importation of VHS-
regulated species of live fish. Accordingly, on October 24, 2006, the
Animal and Plant Health Inspection Service (APHIS) issued a Federal
Order prohibiting the importation of VHS-susceptible species of live
fish from two Canadian provinces (Ontario and Quebec) into the United
States and the interstate movement of the same species of live fish
from the eight States bordering the Great Lakes (Illinois, Indiana,
Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin).
Subsequent modifications to the Federal Order were made in response to
additional information provided by States, Tribes, and other interested
stakeholders in order to alleviate impacts on industry and related
businesses in the Great Lakes region while still protecting against the
spread of VHS. The Federal Order was meant to be a temporary measure to
be replaced in time by a rule.
Taking into consideration the information we received, on September
9, 2008, we published an interim rule \1\ in the Federal Register (73
FR 52173-52189, Docket No. APHIS-2007-0038) to codify the Federal Order
by amending 9 CFR parts 71, 83, and 93 to establish regulations to
restrict the interstate movement and the importation into the United
States of certain live fish species that are susceptible to VHS. We
announced that the provisions of the interim rule would become
effective November 10, 2008, and that we would consider all comments on
the interim rule received on or before November 10, 2008, and all
comments on the environmental assessment for the interim rule received
on or before October 9, 2008.
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\1\ To view the interim rule, related documents, and the
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2007-0038.
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Delay of Effective Date
After the publication of the interim rule, we received comments
that addressed a variety of issues, including the feasibility of
implementing certain requirements.
Based on our review of those comments, on October 28, 2008, we
published a document in the Federal Register (73 FR 63867, Docket No.
APHIS-2007-0038) announcing that we were delaying the effective date of
the interim rule from November 10, 2008, until January 9, 2009, while
retaining November 10, 2008, as the close of the comment period for the
interim rule and October 9, 2008, as the close of the comment period
for the environmental assessment.
On January 2, 2009, we published a document in the Federal Register
(74 FR 1, Docket No. APHIS-2007-0038) announcing that we were delaying
the effective date of the interim rule indefinitely to provide APHIS
with time to make adjustments to the interim rule that we considered
necessary for the rule to be successfully implemented.
After completing a risk assessment of the disease and evaluating
surveillance and the latest science, we determined that the Federal
Order, which had become duplicative with State regulations, could
safely be removed as
[[Page 2286]]
long as States maintain existing VHS regulations and other practices to
reduce risk. Therefore, on April 14, 2014, APHIS announced that the VHS
Federal Order first issued in October 2006 would be rescinded on June
2, 2014.
Accordingly, we are also withdrawing the September 9, 2008, interim
rule. APHIS will continue to work with our stakeholders to provide
guidance and promote sound biosecurity practices to prevent the spread
of VHS and other aquatic animal diseases of concern.
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
Done in Washington, DC, this 12th day of January 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-00594 Filed 1-15-15; 8:45 am]
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