Regs To Control Spread Of VHS Warn Of Ballast Water Pathway

Sep 9: The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) issued a Federal Register notice [73 FR 52173-52189] establishing interim regulations to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia (VHS), a highly contagious disease of certain fresh and saltwater fish. In 2005 and 2006, VHS was detected in freshwater fish in several of the Great Lakes and related tributaries. The disease has been responsible for several large-scale die-offs of wild fish in the Great Lakes region. APHIS said the action is necessary to prevent further introductions into, and dissemination within, the United States of VHS. The Interim Rule is scheduled to become effective November 10, 2008, and comments on the interim rule are due on or before November 10, 2008. Comments on the separate environmental assessment (EA) document are due on or before October 9, 2008.

On October 24, 2006, 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). At the time the Federal Order was issued, only three States (Michigan, New York, and Ohio) had been affected by VHS within the jurisdictional borders of their States. Following various meetings and consultations, a modified Federal Order was issued which established conditions under which VHS-susceptible species of live fish could be moved from the eight States bordering the Great Lakes.

On May 4, 2007, APHIS modified the Federal Order to allow for the catch-and-release of VHS-susceptible regulated fish in waters that cross State and international boundaries. On November 8, 2007, APHIS modified the Federal Order by revising the list of VHS-susceptible species -- 12 species were removed and 2 added. Currently, there are 28 separate species of fish listed. Finally, on April 2, 2008, APHIS modified the Federal Order to allow VHS-susceptible species of live non-salmonid fish from affected Canadian provinces to be imported into the United States for direct slaughter if accompanied by an APHIS permit.

APHIS indicates that the new interstate movement and importation requirements are discussed in detail in the Interim Rule. It also indicates, ". . . the AHPA 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. Ballast water (i.e., water with its suspended matter taken on board a ship to control trim, list, draught, stability, or stresses of a ship) can be taken onto a ship in its port of origin and discharged into the water body of the ship's destination port, making it a potential pathway for VHS virus. APHIS has neither the regulatory authority nor the technical expertise to safely regulate ballast water discharge. Therefore, we do not address ballast water in this interim rule. APHIS will assist the U.S. Coast Guard, which has clear regulatory authority for ballast water, in their development of ballast water discharge standards."

Access the docket for this action to review and submit comments and access documents including the EA and economic assessment (click here). Access a list of species regulated by the order (click here).