VHS Interim Rule Delayed Indefinitely 1/02/2009

VHS Interim Rule Delayed Indefinitely*


On September 9, 2008, USDA-APHIS published an interim rule in the
Federal Register 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
freshwater and saltwater fish. That interim rule was scheduled to become
effective on November 10, 2008. Subsequently, on October 28, 2008,
USDA-APHIS published a notice in the Federal Register announcing the
delay of the effective date of the interim rule until January 9, 2009.
USDA-APHIS is now delaying the effective date of the interim rule
indefinitely to provide APHIS with time to make some adjustments to the
interim rule that are necessary for the rule to be successfully
implemented.

Background

Viral hemorrhagic septicemia (VHS) is a highly contagious disease of
certain freshwater and saltwater fish, caused by a rhabdovirus. It is
llisted 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.

On September 9, 2008, USDA-APHIS published an interim rule in the
Federal Register (73 FR 52173-52189, Docket No. APHIS-2007-0038) to
amend 9 CFR parts 71, 83, and 93 by establishing regulations to restrict
the interstate movement and the importation into the United States of
certain live fish species that are susceptible to VHS. They announced
that the provisions of the interim rule would become effective November
10, 2008, and that they 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.

Delay of Effective Date
After the publication of the interim rule, USDA-APHIS received comments
that addressed a variety of issues, including the feasibility of
implementing certain requirements.

Based on review of those comments, on October 28, 2008, USDA-APHIS
published a document in the Federal Register (73 FR 63867, Docket No.
APHIS-2007-0038) announcing that they 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.

USDA-APHIS is now delaying the effective date of the interim rule
indefinitely to provide APHIS with time to make some adjustments to the
interim rule that are necessary for the rule to be successfully
implemented.

FOR FURTHER INFORMATION CONTACT: Dr. P. Gary Egrie, Senior Staff
Veterinary Medical Officer, National Center for Animal Health Programs,
VS, APHIS, 4700 River Road Unit 46, Riverdale, MD 20737-1231; (301)
734-0695; or Dr. Peter L. Merrill, Senior Staff Veterinarian, National
Center for Import and Export, VS, APHIS, 4700 River Road Unit 39,
Riverdale, MD 20737-1231; (301) 734-8364.