[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
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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January 2, 2009 (74 FR 1, Docket No. APHIS-2007-0038), is withdrawn 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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