APHIS DELAYS IMPLEMENTING INTERIM VHS RULES

Feds Back Off (Sort Of)

By: Lynn W. Burry

 

On September 9, 2008, The U. S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) issued a new set of Interim Rules placing further restrictions and additional costly inspection requirements that would further restrict the importation or interstate movement of certain species of live fish susceptible to Viral Hemorrhagic Septicemia, or VHS, within the eight states and Canadian Provinces that surround the Great Lakes. The provisions were to take effect on November 10, 2008. Brown Trout were among the species on this list. VHS is a highly contagious disease of certain freshwater and marine fish. The World Organization of Animal Health lists it as a reportable disease. There is no known danger to humans.  

Shortly after that, I wrote an article warning the public of the potential impact and significant cost increases these new rules would have on fish farms, state hatcheries and other organizations that would purchase and transport these fish for their stocking programs. I also noted much of what APHIS proposed does little or nothing to address the root cause of the disease even being in the Great Lakes Basin in the first place.

 While the main focus of APHIS is on domestic farm operations, VHS vectors aren’t limited to these practices. Commercial fishing, the wild bait industry and ship ballast water discharge issues are also avenues for the spread of this disease. Sadly, the rule is silent on these pathways. Many experts feel the discharge of contaminated ballast water from ocean going ships is responsible for the disease even being in the Great Lakes.

 On October 22, 2008, the proposed new VHS Interim Rules were the subject of a Congressional Briefing. In attendance at this Washington, DC meeting were approximately 40 people. Included were congressional staff, APHIS staff and other interested representatives of private aquaculturists and state agencies. At this meeting, APHIS announced they would delay the implementation of the Interim Rule. Quoting from the Federal Register published on October 28, 2008, APHIS stated, “Based on our review of the comments received to date, we consider it advisable to delay the effective date of the Interim Rule from November 10, 2008 until January 9, 2009….” They further stated, “This additional time will allow APHIS to consider all comments and make some adjustments to the Interim Rule that may be necessary in order to implement it.” It is likely another 60-day comment period will follow before final adoption sometime in early to mid March of next year.

 It would appear, at least for now, that APHIS is trying to do the right thing with this delay and agreeing to address the various deficiencies of the current Interim Rule. Stay tuned.

 

 

Ben Burry is holding a nice Brown Trout he caught while fishing the Pigeon River. The possibility of catching a fish like this may be a thing of the past if APHIS gets its way with the new fish importation rules it proposes. Photo by Lynn Burry.