[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Rules and Regulations]
[Pages 27823-27827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11085]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 53 and 71

[Docket No. 02-091-1]


Spring Viremia of Carp; Payment of Indemnity

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending our general indemnity regulations to provide 
for the payment of indemnity to owners for fish destroyed because of 
spring viremia of carp. Subject to available funding, the Department 
may pay eligible owners up to 50 percent of the fair market value for 
fish destroyed because of spring viremia of carp. In addition, expenses 
incurred in connection with any cleaning and disinfection required 
shall be shared according to the agreement between APHIS and the State 
in which the work is done. We are also amending our interstate movement 
regulations to prevent the movement of fish infected with or exposed to 
spring viremia of carp. These actions are necessary to help control and 
eradicate this disease in the United States.

DATES: This interim rule was effective May 12, 2004. We will consider 
all comments that we receive on or before July 16, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 02-091-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 02-091-1.
     E-mail: Address your comment to 
[email protected]. Your comment must be contained in the body 
of your message; do not send attached files. Please include your name 
and address in your message and ``Docket No. 02-091-1'' on the subject 
line.
     Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through 
the APHIS Web site.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Ms. Jill Rolland, Fishery Biologist, 
Certification and Control Team, VS, APHIS, 4700 River Road Unit 46, 
Riverdale, MD 20737-1231; (301) 734-8069.

SUPPLEMENTARY INFORMATION:

Background

    The Animal and Plant Health Inspection Service (APHIS) of the 
United States Department of Agriculture (USDA or the Department) 
administers regulations at 9 CFR part 53 (referred to below as the 
regulations) that provide for the payment of indemnity to owners of 
animals that are required to be destroyed because of foot-and-mouth 
disease, pleuropneumonia, rinderpest, exotic Newcastle disease, highly 
pathogenic avian influenza, infectious salmon anemia, or any other 
communicable disease of livestock or poultry that, in the opinion of 
the Secretary of Agriculture, constitutes an emergency and threatens 
the U.S. livestock or poultry population. Payment for animals destroyed 
is based on the fair market value of the animals.
    Section 53.2 of the regulations authorizes the APHIS Administrator 
to

[[Page 27824]]

cooperate with a State in the control and eradication of disease. 
Paragraph (b) of this section allows for the payment of indemnity to 
cover the costs for purchase, destruction, and disposition of animals 
and materials required to be destroyed because of being contaminated by 
or exposed to such disease.

Spring Viremia of Carp

    Spring viremia of carp (SVC) is a foreign animal disease, caused by 
a rhabdovirus, that affects several cyprinid species, including 
goldfish and common carp, of which koi is a variety. SVC was first 
reported in Yugoslavia in 1969 and has since spread to other European 
countries, Russia, and the Middle East.
    SVC is characterized as a listed disease by the Office of 
International des Epizooties (OIE). Characteristics of listed aquatic 
animal diseases include the following:
    1. The disease has been shown to cause significant production 
losses due to morbidity or mortality at a national or multinational 
level where it occurs;
    2. The disease has been shown to, or is strongly suspected to 
negatively affect wild aquatic animal populations that are shown to be 
an asset worth protecting;
    3. The disease has the potential for international spread, 
including via live animals, their products, and inanimate objects.
    If SVC is discovered in an OIE member country, the affected country 
must report the discovery to OIE, which will notify the 163 other 
member countries. As a result, SVC-free countries may cease importing 
any commodities that could potentially harbor the virus. Such trade 
restrictions would have a negative economic impact on the U.S. carp 
industry.
    Evidence suggests that SVC can kill a very diverse group of 
species, including many representatives of the families that are 
dominant in North America. According to the OIE Aquatic Animal Health 
Code, susceptible host species for SVC are: common carp (Cyprinus 
carpio), grass carp (Ctenopharyngodon idellus), silver carp 
(Hypophthalmichthys molitrix), bighead carp (Aristichthys nobilis), 
crucian carp (Carassius carassius), goldfish (Carassius auratus), tench 
(Tinca tinca), and sheatfish (Silurus glanis). SVC is considered 
extremely contagious, and there are currently no U.S.-approved vaccines 
or treatments for the virus.
    Transmission of the virus may occur through water contaminated with 
feces, urine or mucus from infected fish, and parasites such as 
leeches. SVC can survive for long periods of time in water and mud, 
increasing the possibility of transmission between sites by 
contaminated equipment. In addition, animals such as birds, which prey 
on SVC-susceptible species, often travel over very large areas and can 
transmit the disease between sites. The presence of SVC virus in 
ovarian fluid also suggests that the disease may be transmitted from 
parent to offspring as well. Some fish that recover from SVC can become 
non-clinical carriers of the virus. Non-clinical carriers of the virus 
can transmit the virus to other susceptible species, but do not show 
symptoms of SVC.
    The disease flourishes in the spring as water temperatures 
increase, but maximum mortality occurs when temperatures are below 64 
[deg]F, since the immune resistance of carp rises as temperatures reach 
68 [deg]F. Once the disease is detected, depopulation is necessary 
given the disease's contagiousness and the possibility of non-clinical 
carriers that would not exhibit symptoms.
    Clinical signs of SVC may be nonspecific and include darkening of 
the skin, exophthalmia (pop-eye), ascites (dropsy), pale gills, 
hemorrhages in the gills, skin, and eyes, and a protruding vent with a 
thick mucoid (white to yellowish) fecal cast. Pinpoint hemorrhages may 
occur in many organs and are considered an important indicator for SVC. 
Other internal symptoms include edema, inflammation of the intestine, 
and enlargement of the spleen. Concurrent infections often occur and 
may confuse the diagnosis. Mortality can be up to 70 percent in 
yearlings; adult fish are less affected by the disease.
    In April 2002, a koi farm in North Carolina experienced an outbreak 
of SVC. The farm had sent a sample of the diseased koi to the Fish 
Disease Diagnostic Laboratories of the University of Arkansas at Pine 
Bluff, a USDA approved diagnostic laboratory. After a tentative 
positive diagnosis for SVC, the Arkansas labarotory forwarded the 
sample to the OIE reference laboratory for SVC in Weymouth, United 
Kingdom. The OIE laboratory confirmed the tentative diagnosis as 
positive for SVC on June 25, 2002. The SVC outbreak diagnosis was 
reported to APHIS, USDA on July 3, 2002.
    The affected koi farm operates sites for hatching and resale in 
North Carolina and Virginia. Due to transfers of fish between sites, 
both of the farm's sites were considered infected with the SVC virus. 
SVC virus antibodies have been detected in native and nonnative fish 
both upstream and 12 miles downstream from the site of the initial 
outbreak in North Carolina. Additionally, SVC has emerged in 
populations of wild carp in Wisconsin and Illinois.
    The States of North Carolina and Virginia took immediate steps to 
prevent further spread of SVC; however, the States lacked sufficient 
funding and personnel to effectively control and eradicate the disease, 
which poses a potentially serious threat to animal health and the U.S. 
economy. Therefore, State officials asked the USDA to assist with 
epidemiology, surveillance, and indemnification to respond to the 
presence of SVC.
    On March 25, 2003, the Secretary of Agriculture authorized a 
transfer of funds within the Department in order to assist the States 
of North Carolina and Virginia with SVC-related epidemiology, 
surveillance, and indemnification. The Secretary authorized this 
transfer of funds after determining that SVC constitutes an emergency 
that threatens a segment of agricultural production in the United 
States. Under part 53 of the regulations, APHIS/USDA indemnified the 
owner of the affected sites in North Carolina and Virginia. The sites 
contained a total of 8 million koi and goldfish. Nearly all of those 
fish, with the exception of 15,000 that died previously from SVC and 
those that were lost due to bird predation, were depopulated to control 
the virus. Providing indemnity to the owner of the SVC-infected fish in 
North Carolina and Virginia to prevent further spread of SVC was an 
integral step in ensuring the disease's eradication.
    APHIS Veterinary Services staff, in cooperation with State 
authorities in North Carolina and Virginia, have already implemented 
surveillance and biosecurity auditing measures to continue to monitor 
for SVC outbreaks. Further, APHIS officials have begun a nationwide 
surveillance program, within which many carp and bait fish producers 
are voluntarily participating in SVC testing. Continuing the 
surveillance program is essential to ensure eradication and/or control 
of SVC and to relieve foreign restrictions on U.S. trade related to 
SVC-susceptible species. To regain SVC-free status, the United States, 
an OIE member country, must test for SVC on farms that raise 
susceptible species. The tests typically include a sample of 150 SVC-
susceptible fish and should take place in the spring and fall in 
environments where the disease flourishes (usually warm water). The 
member country must produce negative results for at least 2 years, 
after which foreign restrictions should be lifted.

[[Page 27825]]

    We believe the virus can be controlled and contained within high-
risk zones through continued surveillance and best management 
practices. Control of SVC requires depopulation of all ponds holding 
infected fish and disinfection of ponds, and associated equipment. 
Currently, carp producers are under no obligation to report the 
occurrence of SVC to APHIS. Through industry feedback, APHIS determined 
that farmers are less likely to report SVC outbreaks if they risk the 
loss of their entire carp stock without indemnification. 
Indemnification will provide an incentive for producers to report 
diseased fish and to continue testing for SVC, and therefore assist 
with USDA's goal of complete eradication in the U.S. carp industry.
    Therefore, this interim rule amends the regulations in part 53 to 
provide for the payment of fish destroyed because of SVC. The specific 
amendments are discussed below.

Definitions

    We have amended the definition of disease in Sec.  53.1 to include 
SVC among the diseases listed.

Payment for Losses

    The regulations in Sec.  53.2 allow for payments by the Department 
for losses growing out of the destruction of animals affected with SVC. 
The Administrator may pay claims of up to 50 percent of eligible losses 
incurred by each producer resulting from the destruction of fish 
affected with the disease. Producers who collect salvage value for fish 
destroyed because of SVC will have that amount subtracted from the 
amount of eligible indemnity payments. In addition, expenses incurred 
in connection with any cleaning and disinfection required shall be 
shared according to the agreement between APHIS and the State in which 
the work is done.
    By providing carp producers with indemnity, we can improve the 
probability of rapid reporting by producers, who are in a position to 
quickly report a disease situation. This enhances the likelihood of 
prompt control and eradication. In addition, such payments will benefit 
carp producers who could otherwise suffer uncompensated economic losses 
as a result of their participation in a control and eradication 
program.

Salvage Value

    Paragraph (a) of Sec.  53.4 directs operators to destroy animals 
affected by or exposed to disease promptly after appraisal and dispose 
of them by burial or burning, unless otherwise specifically provided by 
the Administrator. Because food fish infected with or exposed to SVC 
may retain salvage value if they are sold for processing or rendering, 
we are adding a provision to this section to allow for those options. 
Producers who collect salvage value for fish destroyed because of SVC 
will have that value subtracted from the amount of indemnity they are 
eligible to receive from APHIS under Sec.  53.2(b) resulting from the 
destruction of fish affected with the disease.

Appraisal of Fish

    Cyprinids are produced as food fish, bait fish, and ornamental 
fish. Carp produced for food or bait would be subject to the 
requirements of their appraisal classes to determine their fair market 
value based on their size. With regard to bait fish, smaller fish are 
more valuable. Fish produced for food, however, gain value as they grow 
larger. Such factors are commonly used to determine the fair market 
value of poultry, fish, and other livestock, as described in paragraph 
(b) of Sec.  53.3. However, the primary type of carp currently affected 
by SVC are ornamental koi. These fish can carry significant breeding 
value, which is a valuation category already explicitly included in 
Sec.  53.3(b). In the case of ornamental fish, their fair market value 
is determined using the following characteristics: (1) Conformation, 
which includes body size, shape, proportion and evidence or lack of 
deformities; (2) quality, which includes coloration, depth of color, 
tint, hue, and whiteness of background; (3) pattern of colors 
displayed; and (4) breed differences relating to buyer desire/interest. 
Again, these ornamental characteristics contribute to the breeding 
value of the fish; therefore, it is not necessary to amend paragraph 
(b) of Sec.  53.3 to provide indemnity based on these characteristics.

Claims Not Allowed

    Section 53.10 of the regulations lists reasons why the 
Administrator will disallow indemnity claims. We are adding provisions 
to the section to require claimants to follow certain precautions to 
avoid future SVC infection. Specifically, we are requiring that 
producers depopulate all infected and exposed fish on their farms under 
USDA or State supervision in order to ensure depopulation is conducted 
humanely and under optimal biosecurity conditions. Further, we are 
requiring producers to clean and disinfect affected premises and 
equipment under USDA or State supervision to ensure the cleaning and 
disinfection destroys all traces of SVC. We are also requiring that any 
restocking be done with fish that are certified SVC-free by a USDA-
APHIS approved laboratory or in accordance with the diagnostic 
procedures described in Chapter 2.1.4 of the OIE Manual of Diagnostic 
Tests for Aquatic Animals, 2003 edition.\1\
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    \1\ http://www.oie.int/eng/normes/fmanual/A_summry.htm
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    Additionally, we are requiring that the producers demonstrate that 
their water source(s) are SVC-free. Producers can ensure this by using 
first-use spring water, spring water without fish, well water, ozone- 
or ultraviolet-treated surface water, or bore-hole water and by using a 
water source that is free of wild carp and any other SVC-susceptible 
species. Finally, we are requiring producers to demonstrate that no 
wild carp or any other wild SVC-susceptible species are able to migrate 
into their farming operations. We are confident that these measures 
will prevent the possibility of SVC reemerging on premises that receive 
indemnity because of an SVC outbreak.

Interstate Movement Restrictions

    We are adding a new paragraph (d)(6) in Sec.  71.3 to describe 
conditions governing the interstate movement of SVC-affected fish. 
Carp, especially ornamental varieties, are often shipped to other 
aquaculture farms or to consumers where they may come into contact with 
other farmed or wild fish. Therefore, preventing the interstate 
movement of SVC-affected fish is especially important to prevent the 
disease from spreading to other areas of the United States. SVC-
affected fish being moved in interstate transport directly to a 
facility where they are to be processed into food for human consumption 
are exempt from this requirement.

Emergency Action

    This rulemaking is necessary on an emergency basis to provide for 
the payment of indemnity to carp producers in the event that the 
ongoing nationwide surveillance program reveals additional SVC-affected 
areas. SVC is characterized as a listed disease by OIE and fits several 
criteria for this classification, including having a negative affect on 
wildlife populations that are shown to be an asset worth protecting and 
having the potential to spread internationally. SVC has been discovered 
on one fish farm in North Carolina and as a result, fish from that farm 
as well as an associated farm in Virginia, were depopulated. We will 
continue the

[[Page 27826]]

nationwide surveillance program to ensure additional farms are not 
infected with SVC and to restore relationships with our trading 
partners. It is also essential to establish interstate movement 
prohibitions for SVC-affected fish.
    Additional outbreaks of SVC may prove economically devastating for 
carp producers in the United States. Providing indemnity to the 
producers is instrumental in gaining their support for USDA's ongoing 
surveillance program, which is essential to ensuring early detection, 
control, and eradication of SVC. Under these circumstances, the 
Administrator has determined that prior notice and opportunity for 
public comment are contrary to the public interest and that there is 
good cause under 5 U.S.C. 553 for making this rule effective less than 
30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    We are amending our general indemnity regulations to allow the 
Department to pay indemnity to owners for fish destroyed because of 
SVC. Subject to available funding, the Department may pay eligible 
owners up to 50 percent of the fair market value for fish destroyed 
because of SVC. In addition, expenses incurred in connection with any 
cleaning and disinfection required shall be shared according to the 
agreement between APHIS and the State in which the work is done. These 
actions are necessary to help control and eradicate this disease in the 
United States. We are also amending our interstate movement regulations 
to prevent the movement of fish infected with or exposed to SVC.
    Cyprinids are produced as food fish, ornamental fish, and bait 
fish. Overall, the United States is not a major world producer of SVC-
susceptible species. In 2000, the U.S. produced 10,625 metric tons of 
carp, barbels, and other cyprinids, which was less than 0.1 percent of 
world production that year. There are little solid data available on 
this segment of the aquaculture industry. However, in 1998, the USDA 
conducted a census, the first of its kind, on the cyprinid industry. 
The survey's responses show that within the United States, 76 farms 
produced carp for food, 115 farms produced ornamental koi, 65 farms 
produced ornamental goldfish, and 34 farms produced baitfish. These 
numbers do not reveal the specific number of separate U.S. farms that 
produced each of the SVC-susceptible species in 1998, since some farms 
produced more than one species. In 1998, the United States exported 
live carp valued at $ 1.7 million.
    Currently, SVC has been detected at only one commercial U.S. farm; 
that farm operates fish-producing sites in both North Carolina and 
Virginia. SVC virus antibodies were detected in native and nonnative 
wild fish both upstream and 12 miles downstream from the initial 
outbreak in North Carolina. Additionally, SVC has emerged in 
populations of wild carp in Wisconsin and Illinois. Unless SVC is 
eradicated or controlled, we believe that the disease could spread 
further in the United States aquaculture industry through normal 
interstate trade of farmed fish and associated products. Additionally, 
the presence of SVC in this country damages our trading relationships 
with other nations. Finally, further outbreaks of SVC also pose a risk 
to susceptible species of fish in the wild. Officials from the North 
Carolina Wildlife Commission have detected susceptible fish in the 
waters of west-central North Carolina; some of those fish, however, are 
not native to those waters. In order to prevent the further spread of 
SVC, indemnification is necessary.
    The Regulatory Flexibility Act requires agencies to consider the 
economic effects of their rules on small entities. This rule has the 
potential to affect cyprinid farms, large and small.
    We expect producers with SVC-infected or -exposed fish to benefit 
from this rule, because they will be eligible to receive indemnity 
payments for certain losses and costs resulting from SVC. Currently, 
those producers would suffer total losses, less any potential salvage 
value, if their stock were infected with SVC. Further, producers would 
have to carry the full costs of cleaning and disinfection. Under this 
rule, the Department may pay eligible owners up to 50 percent of the 
fair market value for fish destroyed because of SVC, subject to 
available funding. In addition, expenses incurred in connection with 
any cleaning and disinfection required shall be shared according to the 
agreement between APHIS and the State in which the work is done.
    Affected producers, especially those that own small cyprinid 
operations, could see benefits, as described above, from this rule. 
However, the number of potentially affected producers, of any size, 
appears to be small; 273 operations in the United States raised SVC-
susceptible species in 1998.\2\ In 2004, APHIS identified 447 units 
producing SVC-susceptible species. Based on composite data for 
providers of the same and similar services, we assume that most of 
those cyprinid operations are considered small entities. Of the 110,580 
U.S. farms engaged in animal aquaculture and other animal production 
\3\ in 1997, 99 percent had sales of less than $500,000, well below the 
Small Business Administration's threshold of $750,000 for aquaculture 
operations. The number of aquaculture farms likely to be affected is 
unknown because SVC surveillance is ongoing. However, the portion of 
the aquaculture industry susceptible to SVC is approximately 2 to 5 
percent.\4\
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    \2\ Dr. John Green. ``Economic Risk in the U.S. Relating to the 
Fish Industry Susceptible to Spring Viremia of Carp.'' (3/10/04)
    \3\ Establishments primarily engaged in raising animals and 
insects, excluding cattle, hogs and pigs, poultry, sheep and goats, 
and animal aquaculture.
    \4\ See footnote 2.
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    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are in conflict with this rule; (2) has no retroactive 
effect; and (3) does not require administrative proceedings before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This interim rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

[[Page 27827]]

List of Subjects

9 CFR Part 53

    Animal diseases, Indemnity payments, Livestock, Poultry and poultry 
products.

9 CFR Part 71

    Animal disease, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements, Transportation.


0
Accordingly, we are amending 9 CFR parts 53 and 71 as follows:

PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND 
CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY

0
1. The authority citation for part 53 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  53.1  [Amended]

0
2. In Sec.  53.1, the definition of disease is amended by adding the 
words ``spring viremia of carp,'' immediately after the word 
``anemia,''.


Sec.  53.4  [Amended]

0
3. In Sec.  53.4, paragraph (a) is amended by adding the words ``spring 
viremia of carp or'' immediately before the word ``infectious''.


Sec.  53.10  [Amended]

0
4. Section Sec.  53.10 is amended by adding a new paragraph (f) to read 
as follows:


Sec.  53.10  Claims not allowed.

* * * * *
    (f) The Department will not allow claims arising out of the 
destruction of fish due to spring viremia of carp (SVC) unless the 
claimants have done the following:
    (1) Depopulated all SVC-infected and SVC-exposed fish on their 
property under the supervision of USDA or State officials;
    (2) Thoroughly cleaned and disinfected all affected sites and all 
affected equipment under the supervision of USDA or State officials;
    (3) If an affected site is to be restocked after cleaning and 
disinfection, the claimant must have done the following:
    (i) Restocked with fish certified free of SVC by an APHIS-approved 
laboratory or in accordance with the diagnostic procedures described in 
the Office of International des Epizooties Manual of Diagnostic Tests 
For Aquatic Animals;
    (ii) Demonstrated that their water sources are from first-use 
spring water, spring water without fish, well water, ozone or 
ultraviolet treated surface water, or bore-hole water and are free of 
wild carp and any other SVC-susceptible species; and
    (iii) Prevented the migration of wild carp and any other wild SVC-
susceptible species into their farming establishment.
* * * * *

PART 71--GENERAL PROVISIONS

0
6. The authority citation for part 71 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
7. Section 71.3 is amended by redesignating paragraph (d)(6) as 
paragraph (d)(7) and adding a new paragraph (d)(6) to read as follows:


Sec.  71.3  Interstate movement of diseased animals and poultry 
generally prohibited.

* * * * *
    (d) * * *
    (6) Fish affected with spring viremia of carp may be moved 
interstate only if they are being moved directly to a facility to be 
processed into food for human consumption.
* * * * *

    Done in Washington, DC, this 12th day of May 2004.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-11085 Filed 5-14-04; 8:45 am]
BILLING CODE 3410-34-P