[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Rules and Regulations]
[Page 51429-51437]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au06-5]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 93
[Docket No. APHIS-2006-0107]
Spring Viremia of Carp; Import Restrictions on Certain Live Fish,
Fertilized Eggs, and Gametes
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are establishing regulations to restrict the importation
into the United States of live fish, fertilized eggs, and gametes of
fish species that are susceptible to spring viremia of carp, a serious
contagious viral disease of carp. Cases of spring viremia of carp
confirmed in the United States in 2002 and 2004, and since eradicated,
have been linked to the unregulated importation of fish infected with
the virus. This action is necessary to prevent further introductions of
spring viremia of carp into the United States.
DATES: This interim rule is effective September 29, 2006. We will
consider all comments that we receive on or before October 30, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
and, in the lower ``Search Regulations and Federal
Actions'' box, select ``Animal and Plant Health Inspection Service''
from the agency drop-down menu, then click on ``Submit.'' In the Docket
ID column, select APHIS-2006-0107 to submit or view public comments and
to view supporting and related materials available electronically.
Information on using Regulations.gov, including instructions for
accessing documents, submitting comments, and viewing the docket after
the close of the comment period, is available through the site's ``User
Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0107, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0107.
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: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Peter L. Merrill, Aquaculture
Specialist, National Center for Import and Export, VS, APHIS, 4700
River Road Unit 39, Riverdale, MD 20737-1231; (301) 734-0649; or Dr.
Jill B. Rolland, Fishery Biologist, National Center for Animal Health
Programs, VS, APHIS, 4700 River Road Unit 46, Riverdale, MD 20737-1231;
(301) 734-7727.
SUPPLEMENTARY INFORMATION:
Background
Spring viremia of carp (SVC) is a disease of certain species of
finfish, caused by an eponymous rhabdovirus. The following species are
considered susceptible to SVC: Common carp, including koi (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 was first reported
in Yugoslavia in 1969 and has since spread to other European countries
as well as Asia. SVC is considered extremely contagious, and there are
currently no U.S.-approved vaccines or treatments for the virus.
In the United States, SVC is not known to exist in farm-raised
fish. The disease is considered a foreign animal disease and is
reportable to the Animal and Plant Health Inspection Service (APHIS).
SVC is also a listed as a notifiable disease by the World Organization
for Animal Health (OIE). Characteristics of OIE-notifiable aquatic
animal diseases such as SVC 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; or
3. The disease has the potential for international spread,
including via live animals, their bodily fluids and waste, and
inanimate objects.
[[Page 51430]]
If SVC is discovered in an OIE member country, the affected country
must report the discovery to OIE, which will notify the other member
countries.
Transmission of SVC virus (SVCV) \1\ may occur through water
contaminated with feces, urine, or mucus from infected fish and by
parasites such as leeches. SVCV can survive for long periods of time in
water and mud, increasing the possibility of transmission between sites
by contaminated equipment. In addition, piscivorous birds that prey on
SVC-susceptible species often travel over very large areas and can
transmit the disease between sites. The presence of SVCV in ovarian
fluid also suggests that the disease may be transmitted from parent to
offspring. Morbidity and mortality vary considerably by several factors
including temperature, fish species, and other factors, but may be
substantial. 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 signs of SVC.
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\1\ SVC refers to actual clinical expression of the disease in
susceptible species caused by the pathogen. SVCV refers to the
actual pathogen regardless of its expression in the host species.
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Although other factors, such as age, can determine how severely the
disease will affect a population, the temperature at which fish become
infected, temperature fluctuations during the infective period, and the
ability of the fish to mount a timely immune response seem to be the
most important components for SVC. Generally, the disease flourishes in
the spring as water temperatures increase, but maximum mortality occurs
when temperatures are below 64 [deg]F. As temperatures rise, disease
expression varies as the immune resistance of carp also rises.
Temperatures at or above 68 [deg]F are optimal for immune function of
susceptible species, where fish may not exhibit symptoms of the
disease. Once the disease is detected in host species, total
depopulation of exposed susceptible species is necessary given the
contagious nature of the pathogen and the possibility of non-clinical
carriers that may 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 fecal cast. Pinpoint hemorrhages may occur in many organs
and are considered an important indicator for SVC. Other internal signs
include edema, inflammation of the intestine, and enlargement of the
spleen. Concurrent infections often occur and may complicate the
diagnosis. Mortality can be up to 70 percent in yearlings, while older
age groups generally experience lower mortality rates. As stated
previously, SVC does not exist in farm-raised fish populations in the
United States. During two routine tests of wild fish populations in
1989 and 1993, test results showed that some fish had been exposed to
the European strain of SVCV. Because of the low number of positive
tests compared with all of the tests that were conducted, we consider
the European strain of SVC to exist at very low prevalence levels in
wild fish populations in the United States.
In April 2002, a koi farm in North Carolina experienced an outbreak
of SVC. The outbreak occurred shortly after the facility spawned koi
that had been imported from a production facility in an Asian country
where the SVC-status is unconfirmed. At the North Carolina farm,
incoming fish had not been pre-screened for SVC and, apart from new
stock importation, the U.S. farm did not have any known risks for SVCV
exposure. The farm sent a sample of the diseased koi to the Fish
Disease Diagnostic Laboratories of the University of Arkansas at Pine
Bluff, an APHIS-approved diagnostic laboratory. After a tentative
positive diagnosis for SVC, the Arkansas laboratory forwarded the
sample to the OIE reference laboratory for SVC in Weymouth, England.
The OIE laboratory confirmed the tentative diagnosis of SVC on June 25,
2002. The confirmed case was reported to APHIS on July 3, 2002. The
affected koi farm operated sites for hatching and resale in North
Carolina and Virginia. Due to multiple transfers of fish between sites,
both of the farm's sites were considered exposed to SVCV.
Two additional cases of SVC were confirmed in the summer of 2004,
in Missouri and Washington. In the Missouri outbreak, a shipment of
fish to the facility preceded the SVC outbreak by 2 weeks. These fish
came from a U.S. facility where a disease with symptoms similar to SVC
had been previously encountered in the spring of each of the 2 prior
years. This U.S. facility where the fish originated had also imported
fish from Asian countries prior to the onset of its disease problems,
but had ceased importations afterwards. In the Washington outbreak, a
hobbyist had acquired fish from a U.S. distributor who had obtained
SVC-susceptible fish from a pet store supplied by Asian sources. In
both situations, the imported fish had not been screened for SVC prior
to importation.
An APHIS review of the details in both of these cases concluded
that domestic U.S. populations of SVC-susceptible fish were not
considered to have been at prior risk from SVCV exposure other than
from fish of direct or indirect Asian origin brought onto their
premises. After SVC outbreaks were reported, the site in Washington,
owned by a backyard hobbyist, and the site in Missouri, a commercial
operation, were completely depopulated, cleaned and disinfected, and
restocked with SVC-negative fish.
Tracebacks conducted at the affected facilities in North Carolina,
Washington, and Missouri indicated that all three of the outbreaks in
commercial facilities followed the introduction of imported fish from
countries where SVC was known to exist or where the SVC status is
unconfirmed. Furthermore, subsequent genetic identification of the
viral strain involved in all U.S. farmed fish outbreaks of SVC
determined that the virus was of Asian, rather than European, genotype,
which is the only genotype of SVC that has been identified in previous
testing of wild fish populations in the United States. As the Asian
strain of SVC had not been previously detected or reported in the
United States, or in the Western hemisphere, APHIS concluded that the
SVC outbreaks in U.S. farmed fish were linked to the importation of
SVC-infected fish.
Currently, there are no Federal regulations that restrict the
importation of SVC-susceptible species of fish to prevent the
introduction of SVC. Based on our review of the 2002 and 2004 cases of
SVC in the United States, we have determined it is necessary to
restrict the importation of live fish, fertilized eggs, and gametes of
SVC-susceptible species to ensure they are free of SVC.
Accordingly, we are amending the animal import regulations in 9 CFR
part 93 by adding a new subpart I, ``Aquatic Animal Species''
(Sec. Sec. 93.900 through 93.907, referred to below as the
regulations). The regulations will restrict the importation of live
fish, fertilized eggs, and gametes of SVC-susceptible species. In
addition, the importation of live cultures of SVCV, preserved SVCV
viral RNA or DNA, tissue samples containing viable SVCV, or other
specimens intended for diagnostic or research purposes and which
contain viable SVCV may be imported only under permit in accordance
with 9 CFR part 122, ``Organisms and Vectors.''
The regulations in new subpart I are explained below, by section.
[[Page 51431]]
Definitions (Sec. 93.900)
Section 93.900 contains definitions of the following terms:
Administrator, Animal and Plant Health Inspection Service, APHIS
representative, certifying official, communicable disease, competent
authority, container, Department, fertilized egg, gamete, inspector,
person, port veterinarian, region, spring viremia of carp (SVC), SVC-
susceptible species, and United States.
The following definitions are standard and found throughout part
93: Administrator, Animal and Plant Health Inspection Service, APHIS
representative, communicable disease, Department, inspector, person,
port veterinarian, region, and United States. These terms and their
definitions are set out in the regulatory text at the end of this
document.
Some additional terms that are being added to the regulations will
be new to part 93 and their applicability is specific to aquatic animal
species. Also, some of the terms have not been discussed previously in
this document. These terms are certifying official, competent
authority, and container. These terms will be defined as follows:
Certifying official. An individual authorized by the competent
authority of a country to sign health certificates for aquatic animals.
Competent authority. The national veterinary services or other
authority of a country, having the responsibility and competence for
ensuring or supervising the implementation of aquatic animal health
measures.
Container. A transport receptacle that is specially constructed to
facilitate transportation of aquatic animals or aquatic animal products
by one or several means of transport.
General Restrictions; Exceptions (Sec. 93.901)
Paragraph (a) of Sec. 93.901 provides that no live fish,
fertilized eggs, or gametes of SVC-susceptible species may be imported
into the United States except in accordance with subpart I. This
paragraph further provides that no such live fish, fertilized eggs, or
gametes may be moved from the port of entry after arrival until
released by the port veterinarian. In addition, this paragraph
specifies that the Administrator may, upon request in specific cases,
allow the importation of SVC-susceptible live fish, fertilized eggs, or
gametes into the United States under conditions other than those
specifically set forth in this subpart when he or she determines that
such movement will not result in the introduction of SVC into the
United States.
Paragraph (b) of this section provides that other provisions of
part 93 relating to the importation of live fish, fertilized eggs, and
gametes shall not apply to shipments of live fish, fertilized eggs, or
gametes in transit through the United States if an import permit has
been obtained under Sec. 93.903 and all conditions of the permit are
observed, and if the live fish, fertilized eggs, and gametes are
handled as follows:
They are maintained under continuous confinement while in
transit through the United States aboard an aircraft, ocean vessel, or
other means of conveyance; or
They are unloaded, in the course of such transit, into a
holding facility that is provided by the carrier or its agent and has
been approved by the Administrator as adequate to prevent the spread
within the United States of any finfish disease; they are maintained
there under continuous confinement until loaded aboard a means of
conveyance for transportation from the United States; and they are
maintained under continuous confinement aboard such means of conveyance
until it leaves the United States.
They are moved in accordance with any additional
conditions prescribed in the permit and determined by the Administrator
to be necessary to ensure that the live fish, fertilized eggs, or
gametes do not introduce SVC into the United States.
For a holding facility to be approved by the
Administrator, the following conditions must be met:
The holding facility must be sufficiently isolated to
prevent direct or indirect contact of the live fish, fertilized eggs,
or gametes it contains with any other SVC-susceptible species in the
United States.
The holding facility must be constructed to provide
adequate protection against environmental conditions and so that it can
be adequately cleaned, washed and disinfected.
Provision must be made for disposal of fish carcasses,
shipping water, waste, and any associated shipping materials in a
manner that will prevent dissemination of disease.
Provision must be made for adequate sources of feed and
water and for attendants for the care and feeding of fish, fertilized
eggs, or gametes in the facility.
The holding facility must comply with all applicable
local, State and Federal requirements for environmental quality.
The holding facility must comply with any additional
requirements that may be imposed by the Administrator for a particular
shipment if necessary to prevent the dissemination of disease.
Ports Designated for the Importation of Live Fish, Fertilized Eggs, and
Gametes (Sec. 93.902)
Section 93.902 designates ports through which live fish, fertilized
eggs, and gametes of SVC-susceptible species may be imported into the
United States. We consider these ports to have adequate facilities and
inspectors to perform the necessary inspections of shipments of live
fish, fertilized eggs, and gametes.
Air and ocean ports listed are Los Angeles and San Francisco, CA;
Miami and Tampa, FL; Atlanta, GA; Honolulu, HI; Chicago, IL; Boston,
MA; Newark, NJ; New York, NY; Portland, OR; Dallas-Ft. Worth, TX; and
San Juan, PR. Land border ports listed are Detroit, MI; Buffalo-
Niagara, NY; Seattle and Sumas, WA; and Otay Mesa, CA.
This section also provides for other ports to be designated by the
Administrator in special instances with the concurrence of the
Secretary of the Department of Homeland Security.
Import Permits for Live Fish, Fertilized Eggs, and Gametes (Sec.
93.903)
Paragraph (a) of Sec. 93.903 requires that live fish, fertilized
eggs, or gametes of SVC-susceptible species must be accompanied by an
import permit issued by APHIS and must be imported within 30 days of
the proposed arrival date stated in the import permit.
Paragraph (b) of this section provides the address from which
prospective importers may request import permit applications and to
which completed applications should be sent. An application for an
import permit must be submitted for each shipment of live fish,
fertilized eggs, and gametes of SVC-susceptible species.
Paragraph (c) specifies the information that must be included on an
import permit application. It states that the application must include
the name and address of the exporter; the proposed date of shipment;
the name and address of the importer; the species and number of live
fish, fertilized eggs, or gametes to be imported into the United
States; the purpose of the importation; the ports of embarkation; the
mode of transportation (airplane, boat, car, etc.) to be used to ship
the live fish, fertilized eggs, or gametes to the United States; the
route of travel, including all carrier stops en route; the port of
entry; the proposed date of arrival; and the name and address of the
person to whom the shipment of live fish, fertilized eggs, or gametes
will be delivered in the United States. APHIS
[[Page 51432]]
needs this information to determine whether the live fish, fertilized
eggs, or gametes are eligible for importation, to respond to an
applicant, to identify the shipment at the port of entry, to ensure
that inspectors and facilities are available for inspection in the
United States, and to contact appropriate persons if any questions
arise concerning the importation.
Paragraph (d) explains what happens after we receive and review the
application for an import permit. This paragraph provides that if,
following our review, we determine that the live fish, fertilized eggs,
or gametes are eligible to be imported, we will issue an import permit.
This paragraph also specifies that an import permit does not guarantee
that any live fish, fertilized eggs, or gametes will be allowed entry
into the United States; the fish, fertilized eggs, or gametes will be
allowed to enter the United States only if they meet all applicable
requirements of the regulations.
Health Certificate for Live Fish, Fertilized Eggs, and Gametes (Sec.
93.904)
Paragraph (a) of Sec. 93.904 requires that SVC-susceptible species
of live fish, fertilized eggs, and gametes that are imported into the
United States from any part of the world be accompanied to the port of
entry in the United States by a health certificate. The health
certificate must be in English or contain an English translation and
must be issued by a full-time salaried veterinarian of the national
government of the exporting region, or issued by a certifying official
and endorsed by the competent authority of the exporting region. The
health certificate will be valid for 30 days from the date of issuance.
In addition, the health certificate must state that the shipment
was inspected by the veterinarian or certifying official who issued the
certificate and found to be free of any clinical signs of disease
consistent with SVC within 72 hours prior to the shipment being
exported from the region of origin and that the live fish, fertilized
eggs, or gametes covered by the health certificate meet the
requirements of paragraph (b) of this section.
Paragraph (b) of this section requires the live fish, fertilized
eggs, or gametes to meet the following conditions to be eligible for
importation into the United States:
The live fish, fertilized eggs, or gametes must be under
the supervision of the competent authority and must participate in a
health surveillance program for SVC.
The region or establishment from which the live fish,
fertilized eggs, or gametes originate must demonstrate freedom from SVC
through a minimum of 2-years' continuous health history, supported by
laboratory testing by a pathogen detection facility approved for SVC
viral assays by the competent authority.
SVC-susceptible fish populations in the region or
establishment must be tested at least twice annually, with at least 3
months between the tests and at times or under environmental conditions
that would facilitate the detection of SVCV if it were present.
Sampling procedures must utilize an assumed pathogen prevalence of 2
percent, with a corresponding confidence level of 95 percent. Samples
must be collected and submitted by a certifying official or
veterinarian recognized by the competent authority. The standard
screening method for SVC must include isolation of SVCV in cell
culture, using either the epithelioma papulosum cyprini (EPC) or
fathead minnow (FHM) cell lines. However, the Administrator may
authorize other assays for SVCV detection in lieu of virus isolation
through cell culture, if the Administrator determines that such assays
are robust enough to provide equal assurances of the SVC status of an
exporting region or establishment. All viral testing results must be
negative.
These requirements will ensure that SVC-susceptible species of live
fish, fertilized eggs, or gametes imported into the United States are
not infected with SVCV.
Paragraph (c) of Sec. 93.904 requires that the live fish,
fertilized eggs, or gametes be shipped to the United States in new
containers or containers that have been cleaned and disinfected to
neutralize any SVCV to which the shipping containers may have been
exposed. Cleaning and disinfection must take place under the
supervision of the official who issues the health certificate.
Acceptable disinfection procedures include individual or
combination treatments with: Solutions having a pH of 12 or higher or 3
or lower with a contact time of at least 10 minutes; heat at or above
56 [deg]C for at least 15 minutes; chlorine solutions having a
concentration of at least 500 ppm with a contact time of at least 10
minutes; iodine solutions having a concentration of at least 100 ppm
with a contact time of at least 10 min; ultraviolet exposure (254 nm;
minimum exposure of 10,000 microwatt seconds/cm2); or other
disinfectants such as Virkon used according to the manufacturer's
directions. Other procedures may be used if determined adequate by the
Administrator to neutralize the SVCV. Cleaning and disinfection
protocols must be referenced in the health certificate or in a separate
cleaning and disinfection certificate accompanying the shipment.
The requirements described above are consistent with OIE's
guidelines for trade in SVC-susceptible live fish, fertilized eggs, and
gametes (Article 2.1.4.6 of the OIE Aquatic Code).
Declaration and Other Documents for Live Fish, Fertilized Eggs, and
Gametes (Sec. 93.905)
Section 93.905 requires the importer or his or her agent to submit
the following documents to the collector of customs for use by the port
veterinarians:
All permits, certificates, or other documentation required
by this part; and
Two copies of a declaration that lists the port of entry,
the name and address of the importer; the name and address of the
broker; the origin of the live fish, fertilized eggs, or gametes; the
number, species, and the purpose of the importation; the name of the
person to whom the fish will be delivered; and the location of the
place to which such delivery will be made.
Inspection at the Port of Entry (Sec. 93.906)
Section 93.906 sets forth requirements for port of entry
inspections of shipments of SVC-susceptible species of live fish,
fertilized eggs, or gametes. Paragraph (a) provides that the shipments
must be presented for inspection at a port of entry designated under
Sec. 93.902. This paragraph also requires that the port veterinarian
be notified at least 72 hours in advance of the arrival of the shipment
in the United States. It also provides that any shipment of live SVC-
susceptible fish species that the port veterinarian determines to
exhibit clinical signs consistent with SVCV infection or disease, or
any shipments of live fish, fertilized eggs, and gametes of SVC-
susceptible species that otherwise do not meet the requirements of this
subpart will be refused entry.
Paragraph (b) states that shipments refused entry must be exported
within a time fixed in each case by the Administrator, and in
accordance with other provisions he or she may require in each case for
their handling, or will be disposed of as the Administrator may direct.
User Fees
APHIS user fees for processing permit applications and for
inspecting animals at the port of entry will apply. The user
[[Page 51433]]
fees are set forth in 9 CFR part 130. User fees for processing
applications for permits to import certain animals and animal products
are listed in the table in Sec. 130.4. User fees for inspection at the
port of entry and laboratory and facility inspections are the hourly
fees set forth in Sec. 130.30.
Processed Products of SVC-Susceptible Species
Currently, we do not know the extent of imports to the United
States of products of SVC-susceptible species. Such products could
include muscle fillets (imported whole or for further processing),
fresh or frozen whole uneviscerated fish, or tissues of SVC-susceptible
species intended for use as bait, or other materials. Available
scientific literature indicates that there is a perceived low risk of
SVC transmission associated with products of SVC-susceptible species
intended for human consumption or for further processing. Also, the
importation of products from SVC-susceptible species has not been
linked to outbreaks of SVC in the United States. Therefore, we are not
restricting the importation of such products at this time. Fresh or
frozen whole uneviscerated fish or tissues of SVC-susceptible species
for use as bait may be determined to present additional risks. We will
continue to seek more information regarding those risks and may impose
restrictions on such materials at a later date. We welcome comment on
this issue as well as on any aspect of this rule.
Immediate Action
Immediate action is necessary to prevent further introductions of
SVC into the United States. SVC is not currently present in farm-raised
populations of fish in the United States. Each time SVC has been
discovered in commercial fish sites, the disease has been eradicated.
Tracebacks conducted at the affected facilities in North Carolina,
Washington, and Missouri indicated that all three of the outbreaks in
commercial facilities followed the introduction of imported fish from
countries where SVC was known to exist or where the SVC status was
unknown, and genetic identification of the viral strain involved in all
U.S. farmed fish outbreaks of SVC determined that the virus was of
Asian, rather than European, genotype, which is the only genotype of
SVC that has been identified in previous testing of wild fish
populations in the United States. The facilities did not have any known
risks of SVCV exposure other than through such imports. Despite its
current SVC-free status, the United States remains unprotected from
continuing introductions of infected fish, since there are a number of
known or suspected SVC-positive countries that export fish to the
United States, and pre-testing of imported SVC-susceptible fish is not
currently required. Therefore, it is necessary to implement regulations
that will restrict such imports in as timely a manner as possible.
Under these circumstances, the Administrator has found that notice
and public procedures with respect to this action are contrary to the
public interest and that there is good cause under 5 U.S.C. 553 for
issuing this rule as an interim rule, rather than publishing a proposed
rule.
This rule will take effect 30 days after the date of publication to
prevent detrimental effects to live fish, fertilized eggs, and gametes
that were in transit to the United States prior to the publication
date.
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 the regulations to establish restrictions on the
importation into the United States of live fish, fertilized eggs, and
gametes of fish species that are susceptible to SVC. We are also
restricting the importation of diagnostic specimens and research
materials containing viable SVCV. These actions are necessary to
prevent the introduction of SVC into the United States.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
economic effects of this rule on small entities.
The total value of SVC-susceptible species in the United States
industry was approximately $23.2 million in 1998.\2\ The small business
size standards for animal aquaculture, as identified by the Small
Business Administration (SBA), based upon the North American Industry
Classification System (NAICS) code 112511, is $750,000 or less in
annual receipts. While the available data do not provide the number of
U.S. farms producing SVC-susceptible species according to size, it is
reasonable to assume that the majority of the operations are small
businesses by SBA standards because of the value of sales compared to
the total number of farms.\3\ In 1998, a total of 76 carp farms
accounted for approximately $3.2 million in farm sales; 34 feeder
goldfish farms accounted for approximately $9.3 million in sales; 115
koi farms accounted for approximately $3.9 million in sales; and 65
ornamental goldfish farms accounted for approximately $6.7 million in
sales. The data above do not reveal the number of separate U.S. farms
that produced the susceptible species in 1998, since some farms
produced more than one species. APHIS welcomes information that would
enable us to more precisely identify the number of small entities that
may be affected by this rule.
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\2\ NASS/USDA, 1998 Census of Aquaculture. Note: 1998 is the
most recent year in which census data for aquaculture are available.
\3\ Based upon 2002 Census of Agriculture--State Data.
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Existing data suggest that domestic producers of SVC-susceptible
ornamental fish species (i.e., koi, Crucian carp, and goldfish) will
benefit from this interim rule. The United States is a net importer of
live ornamental fish. In 1998, the United States imported $45.1 million
in live ornamental fish, with approximately 57 percent of that arriving
primarily from Asia. In that same year, U.S. exports of live ornamental
fish were $10.6 million, less than one-fourth the value of imports.\4\
This rule will ensure SVC-susceptible live fish, fertilized eggs, and
gametes imported by these producers are free of SVC.
---------------------------------------------------------------------------
\4\ Global Trade Atlas, 1998.
---------------------------------------------------------------------------
The United States is a net exporter of live carp (i.e., common carp
(excluding koi), grass carp, silver carp, bighead carp, tench, and
sheatfish). In 1998, the United States exported approximately $1.7
million in live carp, while importing roughly $0.2 million.
Approximately 98 percent of U.S. exports of live carp are sent to
Canada. U.S. producers who export live carp will also benefit from this
interim rule because it will help to provide continued assurance of the
SVC-free status of U.S. exports.
U.S. imports of live carp come primarily from Japan, Hong Kong, and
Israel,\5\ which are considered to be potential sources of SVCV-
infected fish. Japan accounted for 87 percent of the U.S. live carp
import market in 2003,
[[Page 51434]]
and Hong Kong and Israel accounted for about 7 and 6 percent,
respectively.\6\ SVC-susceptible fish imported from these and other
regions of the world will have to be certified as being from a region
or establishment determined to be free of SVC.
---------------------------------------------------------------------------
\5\ Global Trade Atlas, 2003.
\6\ Global Trade Atlas, 2003.
---------------------------------------------------------------------------
Importers of SVC-susceptible species will be affected by the user
fees that will be charged for processing applications for import
permits and for conducting inspections at the port of entry under
APHIS' regulations in Sec. Sec. 130.4 (processing import permit
applications) and 130.30 (hourly rates for services). The user fee for
processing an initial import permit application is $94. In the
beginning, import compliance assistance ($70) might be necessary, which
would raise the cost to $164 for each shipment, but we estimate that
most importers will not need import compliance assistance. The user fee
rate is $84 per hour ($21 per quarter hour) for inspection services,
including travel time, during normal business hours. At other times,
the user fees are $100 per hour ($25 per quarter hour) Monday through
Saturday and on holidays. The user fees are $112 per hour ($28 per
quarter hour) on Sundays.
According to APHIS' Veterinary Services, the average inspection
takes an estimated 4\1/2\ hours, including inspectors' travel time to
the port. Therefore, the total cost of inspecting a shipment can range
from $378 to $504, depending on whether the inspection is done during
normal business hours.\7\ The projected average cost of inspection to
an importer with four or more shipments annually is between $2700 and
$3650.\8\ The average cost of import permits, based upon an average of
7 shipments per annum per importer, will be $685.\9\ A small number of
entities currently import more than 40 shipments of SVC-susceptible
species annually. Permit and inspection costs for these importers are
expected to range between $15,000 and $20,000. The projected total
annual cost to importers of live SVC-susceptible species is between
$237,384 and $316,512 for inspections, and about $59,032 for import
permits.\10\
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\7\ Total cost of an average inspection during normal business
hours is derived as follows: ($84*4) + $42 = $378. Total cost of an
average inspection on Sundays is derived as follows: ($112*4) + $56
= $504.
\8\ Based upon 2004 SVC-susceptible species import records of
628 shipments from the Automated Target System Inbound Production
Web Server.
\9\ The estimated total average cost for import permits does not
include the import compliance assistance fee of $70, which is only
incurred until the application process becomes familiar to the
importer.
\10\ The projected total annual cost to importers for
inspections during normal business hours is derived as follows: $378
per inspection*628 shipments = $237,684 for inspections. The
projected total annual cost to importers for inspections on Sundays
is derived as follows: $504 per inspection*628 shipments = $316,512.
The total annual cost for permits is derived as follows: $94 per
permit*628 shipments = $59,032.
---------------------------------------------------------------------------
Import permit and inspection expenditures by entities will be
roughly proportional to the number of shipments imported. We do not
have data on the average value of shipments of SVC-susceptible species
by importers, or the range or distribution of shipment values. Imports
of SVC-susceptible species are often a mixture of the less expensive
ornamental fish and the more expensive koi. APHIS invites comment on
the average revenues and operating costs, and average number of
shipments per year, of small-entity importers that may be impacted by
this interim rule.
The user fees set forth in this interim rule are financial targets,
with the goal of recovering the cost of agency operations. Profit
margins of some importers could decline due to the user fees, depending
upon the extent to which they are unable to pass these costs on to
their buyers. One possible response of buyers of imported SVC-
susceptible species to price increases may be to shift to domestic
sources for ornamental fish, and limit imports to the more expensive
species, such as koi. Given their limited domestic availability, price
changes that may occur because of the user fees incurred by importers
should not have a large effect on the quantities imported. APHIS
welcomes information from the public as to the domestic wholesale
supply of the various SVC-susceptible species, compared to quantities
imported. While it is anticipated that the permit and inspection costs
may have a discernable impact on prices of SVC-susceptible species, we
believe the benefits of preventing future introduction of SVC into the
United States, in terms of forgone depopulation and cleaning and
disinfecting expenditures, will exceed any negative price effects.
APHIS considered several alternatives to the import requirements
for SVC-susceptible species set forth in this final rule. One
alternative was to list regions where SVC is known to exist in our
regulations and to only impose import restrictions on SVC-susceptible
species imported from those regions. This approach would allow for
regions maintaining SVC-free status to export SVC-susceptible species
without the added import permit and health certificate requirements.
However, it was determined that due to the complex epidemiology of SVC,
and the present inability of APHIS to monitor or assess the veterinary
infrastructure of countries maintaining SVC freedom, that the
establishment of a list of SVC-free regions could not be done with any
reliable assurance of initial or ongoing validity.
A second alternative APHIS considered was to exempt SVC-susceptible
species intended to remain in private aquaria from the restrictions set
forth in this rule; however, it was determined that we could not assure
that allowing such an exemption would mitigate the risk of spreading
the pathogen or disease via accidental or purposeful release into
waterways with wild SVC-susceptible populations.
APHIS also considered exempting a limited number of imported SVC-
susceptible fish brought into the United States as personal baggage,
since many goldfish (Carassius auratus) and possibly other SVC-
susceptible species are brought into the United States in this fashion
by international travelers. It was determined that we could not
adequately ensure that such practices would not result in accidental or
purposeful release into waterways where other populations of fish,
including farmed fish species, could be affected.
APHIS invites comment on any additional information that will
enable us to better assess the financial burden that the rule may place
on small-entity importers of SVC-susceptible species.
This rule contains certain reporting and recordkeeping requirements
(see ``Paperwork Reduction Act'' below).
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
In accordance with section 3507(j) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection and
recordkeeping requirements included in this interim rule have been
submitted for emergency approval to the Office of Management and Budget
(OMB). OMB has assigned control number 0579-0301 to the information
collection and recordkeeping requirements.
[[Page 51435]]
We plan to request continuation of that approval for 3 years.
Please send written comments on the 3-year approval request to the
following addresses: (1) Office of Information and Regulatory Affairs,
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; and (2)
Docket No. APHIS-2006-0107, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238. Please state that your comments refer to Docket No. APHIS-2006-
0107 and send your comments within 60 days of publication of this rule.
This interim rule establishes regulations to restrict the
importation of live fish, fertilized eggs, and gametes of SVC-
susceptible species into the United States. It also restricts the
importation of diagnostic specimens or research materials containing
viable SVCV. Live fish, fertilized eggs, and gametes of SVC-susceptible
species that are imported into the United States will have to be
accompanied by a health certificate. Importers of SVC-susceptible
species will be required to obtain an import permit, and provide a
declaration at the port of entry. Importers of live cultures of SVCV,
preserved SVC viral RNA or DNA, tissue samples containing viable SVCV,
or other specimens for diagnostic or research purposes will also have
to obtain an import permit.
We are soliciting comments from the public (as well as affected
agencies) concerning our information collection and recordkeeping
requirements. These comments will help us:
(1) Evaluate whether the information collection is necessary for
the proper performance of our agency's functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
information collection, including the validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average .40090834 hours per response.
Respondents: Importers of SVC-susceptible live fish, fertilized
eggs, and gametes, and cultures/diagnostic specimens containing SVCV.
Estimated annual number of respondents: 12,010.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 36,010.
Estimated total annual burden on respondents: 5,969 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this interim rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
0
Accordingly, we are amending 9 CFR part 93 as follows:
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY,
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS
0
1. The authority citation for part 93 continues to read as follows:
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.
0
2. The heading for part 93 is revised to read as set forth above.
0
3. Part 93 is amended by adding a new Subpart I--Aquatic Animal
Species, Sec. Sec. 93.900 through 93.907, to read as follows:
Subpart I--Aquatic Animal Species
Sec.
93.900 Definitions.
93.901 General restrictions; exceptions.
93.902 Ports designated for the importation of live fish, fertilized
eggs, and gametes.
93.903 Import permits for live fish, fertilized eggs, and gametes.
93.904 Health certificate for live fish, fertilized eggs, and
gametes.
93.905 Declaration and other documents for live fish, fertilized
eggs, and gametes.
93.906 Inspection at the port of entry.
Subpart I--Aquatic Animal Species
Sec. 93.900 Definitions.
Wherever in this subpart the following terms are used, unless the
context otherwise requires, they shall be construed, respectively, to
mean:
Administrator. The Administrator, Animal and Plant Health
Inspection Service, or any person authorized to act for the
Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture (APHIS).
APHIS representative. A veterinarian or other individual employed
by the Animal and Plant Health Inspection Service, United States
Department of Agriculture, who is authorized to perform the services
required by this part.
Certifying official. An individual authorized by the competent
authority of a country to sign health certificates for aquatic animals.
Competent authority. The national veterinary services or other
authority of a country, having the responsibility and competence for
ensuring or supervising the implementation of aquatic animal health
measures.
Container. A transport receptacle that is specially constructed to
facilitate transportation of aquatic animals or aquatic animal products
by one or several means of transport.
Department. The United States Department of Agriculture (USDA).
Fertilized egg. A viable fertilized ovum of an aquatic animal.
Gamete. The sperm or unfertilized egg of aquatic animals that is
held or transported separately.
Inspector. An employee of the Animal and Plant Health Inspection
Service authorized to perform duties required under this subpart.
Person. Any individual, corporation, company, association, firm,
partnership, society or joint stock company.
Port veterinarian. A veterinarian employed by the Animal and Plant
Health Inspection Service to perform duties required under this subpart
at a port of entry.
Region. Any defined geographic land area identifiable by
geological, political, or surveyed boundaries. A region may consist of
any of the following:
(1) A national entity (country);
[[Page 51436]]
(2) Part of a national entity (zone, county, department,
municipality, parish, Province, State, etc.);
(3) Parts of several national entities combined into an area; or
(4) A group of national entities (countries) combined into a single
area.
Spring viremia of carp (SVC). A disease caused by infection with
spring viremia of carp virus, a rhabodivrus capable of infecting
several carp species, in addition to some other cyprinid and ictalurid
fish species.
SVC-susceptible species. 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).
United States. All of the States of the United States, the District
of Columbia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin
Islands of the United States, and all other territories and possessions
of the United States.
Sec. 93.901 General restrictions; exceptions.
(a) No live fish, fertilized eggs, or gametes of SVC-susceptible
species may be imported into the United States except in accordance
with this subpart,\11\ nor shall any such live fish, fertilized eggs,
or gametes be moved from the port of entry after arrival until released
by the port veterinarian; provided that the Administrator may, upon
request in specific cases, allow the importation of SVC-susceptible
live fish, fertilized eggs, or gametes under conditions other than
those set forth in this subpart when the Administrator determines that
such movement will not result in the introduction of SVC into the
United States.
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\11\ The importation of live cultures of SVC virus, preserved
SVC virus viral RNA or DNA, tissue samples containing viable SVC
virus, or other specimens intended for diagnostic or research
purposes and which contain viable SVC virus may be imported only
under permit in accordance with 9 CFR part 122.
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(b) Other provisions of this subpart relating to the importation of
live fish, fertilized eggs, and gametes shall not apply to shipments of
SVC-susceptible species of live fish, fertilized eggs, or gametes in
transit through the United States if an import permit has been obtained
under Sec. 93.903 and all conditions of the permit are observed; and
if the live fish, fertilized eggs, and gametes are handled as follows:
(1) They are maintained under continuous confinement while in
transit through the United States aboard an aircraft, ocean vessel, or
other means of conveyance; or
(2) They are unloaded, in the course of such transit, into a
holding facility \12\ that is provided by the carrier or its agent and
has been approved by the Administrator in accordance with paragraph
(b)(4) of this section as adequate to prevent the spread within the
United States of any finfish disease; they are maintained there under
continuous confinement until loaded aboard a means of conveyance for
transportation from the United States; and are maintained under
continuous confinement aboard such means of conveyance until it leaves
the United States.
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\12\ Requests for approval of such facilities should be made to
the Animal and Plant Health Inspection Service at the address
provided in Sec. 93.903 for permit applications.
---------------------------------------------------------------------------
(3) They are moved in accordance with any additional conditions
prescribed in the permit and determined by the Administrator to be
necessary to ensure not introduce SVC into the United States.
(4) For a holding facility to be approved by the Administrator:
(i) The holding facility must be sufficiently isolated to prevent
direct or indirect contact of the live fish, fertilized eggs, or
gametes it contains with any other SVC-susceptible species in the
United States;
(ii) The holding facility must be constructed to provide adequate
protection against environmental conditions and so that it can be
adequately cleaned, washed and disinfected;
(iii) Provision must be made for disposal of fish carcasses,
shipping water, waste and any associated shipping materials in a manner
that will prevent dissemination of disease;
(iv) Provision must be made for adequate sources of feed and water
and for attendants for the care and feeding of live fish, fertilized
eggs, or gametes in the facility;
(v) The holding facility must comply with all applicable local,
State and Federal requirements for environmental quality.
(vi) The holding facility must comply with any additional
requirements that may be imposed by the Administrator for a particular
shipment if necessary to prevent the dissemination of disease.
(Approved by the Office of Management and Budget under control
number 0579-0301)
Sec. 93.902 Ports designated for the importation of live fish,
fertilized eggs, and gametes.
(a) The following ports are designated as ports of entry for live
fish, fertilized eggs, and gametes of SVC-susceptible species imported
under this subpart:
(1) Air and ocean ports. Los Angeles and San Francisco, CA; Miami
and Tampa, FL; Atlanta, GA; Honolulu, HI; Chicago, IL; Boston, MA;
Newark, NJ; New York, NY; Portland, OR; Dallas-Ft. Worth, TX; and San
Juan, PR.
(2) Canadian border ports. Detroit, MI; Buffalo-Niagara, NY; and
Blaine and Seattle, WA.
(3) Mexican border ports. Otay Mesa, CA.
(b) Designation of other ports. Other ports may be designated by
the Administrator in specific cases with the concurrence of the
Secretary of the Department of Homeland Security.
Sec. 93.903 Import permits for live fish, fertilized eggs, and
gametes.
(a) Live fish, fertilized eggs, or gametes of SVC-susceptible
species imported into the United States must be accompanied by an
import permit issued by APHIS and must be imported within 30 days after
the proposed date of arrival stated in the import permit.
(b) An application for an import permit must be submitted for each
shipment of live fish, fertilized eggs, or gametes of SVC-susceptible
species to the Animal and Plant Health Inspection Service, Veterinary
Services, National Center for Import and Export, 4700 River Road Unit
38, Riverdale, MD 20737-1231. Application forms for import permits may
be obtained from this address.
(c) A completed application shall include the following
information:
(1) The name and address of the person intending to export live
fish, fertilized eggs, or gametes of SVC-susceptible species to the
United States;
(2) The proposed date of shipment to the United States;
(3) The name and address of the person intending to import live
fish, fertilized eggs, or gametes of SVC-susceptible species into the
United States;
(4) The species and number of live fish, fertilized eggs, or
gametes of SVC-susceptible species to be imported into the United
States;
(5) The purpose of the importation;
(6) The port of embarkation;
(7) The mode of transportation;
(8) The route of travel, including all carrier stops en route;
(9) The port of entry in the United States;
(10) The proposed date of arrival in the United States; and
(11) The name and address of the person to whom the live fish,
fertilized eggs, or gametes of SVC-susceptible species will be
delivered in the United States.
(d) If APHIS determines that the live fish, fertilized eggs, or
gametes are
[[Page 51437]]
eligible for importation, APHIS will issue an import permit indicating
the applicable conditions for importation. An import permit does not
guarantee that any live fish, fertilized eggs, or gametes will be
allowed entry into the United States; the fish, fertilized eggs, or
gametes will be allowed to enter the United States only if they meet
all applicable requirements of the permit and regulations.
(Approved by the Office of Management and Budget under control
number 0579-0301)
Sec. 93.904 Health certificate for live fish, fertilized eggs, and
gametes.
(a) General. All live fish, fertilized eggs, and gametes of SVC-
susceptible species that are imported from any region of the world must
be accompanied by a health certificate issued by a full-time salaried
veterinarian of the national government of the exporting region, or
issued by a certifying official and endorsed by the competent authority
of that country. The health certificate must be written in English or
contain an English translation. The health certificate will be valid
for 30 days from the date of issuance. The health certificate for the
live fish, fertilized eggs, or gametes must state that:
(1) The live fish, fertilized eggs, or gametes were inspected by
the veterinarian or certifying official who issued the certificate
within 72 hours prior to shipment, and were found to be free of any
clinical signs of disease consistent with SVC; and
(2) The live fish, fertilized eggs, or gametes covered by the
health certificate meet the requirements of this section.
(b) Surveillance. The live fish, fertilized eggs, or gametes must
meet the following conditions to be eligible for importation into the
United States:
(1) The live fish, fertilized eggs, or gametes must originate in a
region or establishment which conducts a surveillance program for SVC
under the supervision of the competent authority.
(2) The region or establishment must demonstrate freedom from SVC
through a minimum of 2-years' continuous health history, supported by
laboratory testing by a pathogen detection facility approved for SVC
viral assays by the competent authority.
(3) SVC-susceptible fish populations in the region or establishment
must be tested at least twice annually, with at least 3 months between
the tests and at times or under environmental conditions that would
facilitate the detection of SVCV if it were present. Sampling
procedures must utilize an assumed pathogen prevalence of 2 percent,
with a corresponding confidence level of 95 percent. Samples must be
collected and submitted by a certifying official or veterinarian
recognized by the competent authority. The standard screening method
for SVC must include isolation of SVCV in cell culture, using either
the epithelioma papulosum cyprini (EPC) or fathead minnow (FHM) cell
lines. However, the Administrator may authorize other assays for SVCV
detection in lieu of virus isolation through cell culture, if the
Administrator determines that such assays provide equivalent assurance
of the SVC status of an exporting region or establishment. All viral
testing results must be negative.
(c) Shipping containers. All live fish, fertilized eggs, and
gametes must be shipped to the United States in new containers or in
used containers that have been cleaned and disinfected in accordance
with this section.
(1) Cleaning and disinfection of shipping containers must take
place under the supervision of the veterinarian or certifying official
who issues the health certificate.
(2) Cleaning and disinfection must be sufficient to neutralize any
SVC virus to which shipping containers may have been exposed.
Acceptable disinfection procedures include individual or combination
treatments with: Solutions having a pH of 12 or higher or 3 or lower
with a contact time of at least 10 minutes; heat at or above 56[deg] C
for at least 15 minutes; chlorine solutions having a concentration of
at least 500 ppm with a contact time of at least 10 minutes; iodine
solutions having a concentration of at least 100 ppm with a contact
time of at least 10 minutes; ultraviolet exposure (254 nm; min exposure
of 10,000 microwatt seconds/cm2); or other disinfectants
such as Virkon used according to the manufacturer's directions. The
Administrator may authorize other procedures if the Administrator
determines they are adequate to neutralize the SVC virus.
(3) Cleaning and disinfection protocols must be referenced in the
health certificate or in a separate cleaning and disinfection
certificate accompanying the shipment to the U.S. port of entry.
(Approved by the Office of Management and Budget under control
number 0579-0301)
Sec. 93.905 Declaration and other documents for live fish, fertilized
eggs, and gametes.
(a) For all live fish, fertilized eggs, and gametes offered for
importation under this subpart, the importer or his or her agent must
submit the following documents to the collector of customs for use by
the port veterinarian:
(1) All permits, certificates, or other documentation required by
this subpart; and
(2) Two copies of a declaration that lists the port of entry, the
name and address of the importer, the name and address of the broker,
the origin of the live fish, fertilized eggs, or gametes, the number,
species, and the purpose of the importation, the name of the person to
whom the fish will be delivered, and the location of the place to which
such delivery will be made.
(b) [Reserved]
(Approved by the Office of Management and Budget under control
number 0579-0301)
Sec. 93.906 Inspection at the port of entry.
(a) All live fish, fertilized eggs, and gametes of SVC-susceptible
species imported from any part of the world must be presented for
inspection at a port of entry designated under Sec. 93.902. The APHIS
port veterinarian must be notified at least 72 hours in advance of the
arrival in the United States of a shipment of live fish, fertilized
eggs, or gametes of SVC-susceptible species. Any shipment of live SVC-
susceptible fish species that the port veterinarian determines to
exhibit clinical signs consistent with SVCV infection or disease, or
any shipments of live fish, fertilized eggs, and gametes of SVC-
susceptible species that otherwise do not meet the requirements of this
subpart, shall be refused entry.
(b) Shipments refused entry, unless exported within a time fixed in
each case by the Administrator, and in accordance with other provisions
he or she may require in each case for their handling, shall be
disposed of as the Administrator may direct.
(Approved by the Office of Management and Budget under control
number 0579-0301)
Done in Washington, DC, this 24th day of August 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-14478 Filed 8-29-06; 8:45 am]
BILLING CODE 3410-34-P