[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Notices]
[Page 9793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4587]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 41 / Tuesday, March 2, 2004 / 
Notices  

[[Page 9793]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Office of the Secretary

[Docket No. 04-018-1]


Declaration of Extraordinary Emergency Because of Avian Influenza 
in Texas

    Avian influenza (AI) has been confirmed in a broiler chicken flock 
in Gonzales County, TX. AI viruses, which can infect chickens, turkeys, 
pheasants, quail, ducks, geese, and guinea fowl, as well as a wide 
variety of other birds, can be classified into low pathogenic and 
highly pathogenic strains based on the severity of the illness they 
cause. Most AI virus strains are low pathogenic and typically cause 
mild clinical signs and low mortality in infected birds. However, some 
low pathogenic virus strains are capable of mutating under field 
conditions into highly pathogenic viruses, which cause more illness and 
high mortality in infected birds.
    Exposure of poultry to migratory waterfowl and the international 
movement of poultry, poultry equipment, and people pose risks for 
introducing highly pathogenic avian influenza (HPAI) into U.S. poultry. 
Once introduced, the disease can be spread from bird to bird by direct 
contact. HPAI viruses can also be spread by manure, equipment, 
vehicles, egg flats, crates, and people whose clothing or shoes have 
come in contact with the virus.
    On February 17, 2004, routine surveillance samples taken from the 
Gonzales County flock and sent to the Texas Veterinary Medical 
Diagnostic Laboratory were identified as preliminarily positive for an 
H5 type AI virus. Upon learning that the flock of broilers had elevated 
death rates, the Texas Animal Health Commission (TAHC), in accordance 
with standard practice in such situations, dispatched a foreign animal 
disease diagnostician to collect additional samples and information 
from the farm. These samples were sent to the Texas State laboratory 
and to the U.S. Department of Agriculture's National Veterinary 
Services Laboratories in Ames, IA, which is the U.S. national reference 
laboratory for foreign animal diseases.
    On February 19, 2004, test results indicated that the flock had 
H5N2 avian influenza. Since H5 and H7 strains can be either low 
pathogenic or highly pathogenic, additional tests were conducted. 
Genetic sequencing was completed on February 23, 2004, the results of 
which indicated a highly pathogenic form of AI. International standards 
mandate reporting these sequencing results to the Office International 
des Epizooties, the world animal health organization. The Department is 
conducting further laboratory testing to confirm the pathogenicity.
    The flock of approximately 6,600 broiler chickens was depopulated. 
The Department and the TAHC are in the process of conducting an 
epidemiological investigation and surveillance testing within a 10-mile 
radius of the affected property.
    The existence of HPAI in Texas represents a threat to the U.S. 
poultry and bird industries. It constitutes a real danger to the 
national economy and a potential serious burden on interstate and 
foreign commerce. The Department has reviewed the measures being taken 
by Texas to control and eradicate HPAI and has consulted with the 
appropriate State Government and Indian tribal officials in Texas. 
Based on such review and consultation, the Department has determined 
that the measures being taken by the State are inadequate to control or 
eradicate HPAI. Therefore, the Department has determined that an 
extraordinary emergency exists because of HPAI in Texas.
    This declaration of extraordinary emergency authorizes the 
Secretary to (1) hold, seize, treat, apply other remedial actions to, 
destroy (including preventative slaughter), or otherwise dispose of, 
any animal, article, facility, or means of conveyance if the Secretary 
determines the action is necessary to prevent the dissemination of HPAI 
and (2) prohibit or restrict the movement or use within the State of 
Texas, or any portion of the State of Texas, of any animal or article, 
means of conveyance, or facility if the Secretary determines that the 
prohibition or restriction is necessary to prevent the dissemination of 
HPAI. The appropriate State Government and Indian tribal officials in 
Texas have been informed of these facts.
    Effective Date: This declaration of extraordinary emergency shall 
become effective February 23, 2004.

Ann M. Veneman,
Secretary of Agriculture.
[FR Doc. 04-4587 Filed 3-1-04; 8:45 am]
BILLING CODE 3410-34-P