NOTICES
DEPARTMENT OF AGRICULTURE
Quarantine Order; Viral Hemorrhagic Septicemia Virus
[37 Pa.B. 5534]
[Saturday, October 13, 2007]Recitals
A. Viral hemorrhagic septicemia (VHS) is an infectious disease caused by a rhabdovirus--the viral hemorrhagic septicemia virus (VHSV)--in a variety of fish species.
B. VHS has been designated a ''dangerous transmissible disease'' of animals under a temporary order issued by the Department of Agriculture (Department) under 3 Pa.C.S. § 2321(d) (relating to dangerous transmissble diseases). The current temporary order making this designation was published at 36 Pa.B. 7974 (December 30, 2006).
C. The Department has broad authority under the Domestic Animal Law to regulate the keeping and handling of domestic animals to exclude, contain or eliminate dangerous transmissible diseases.
D. VHS has caused death losses to various fish species in the Great Lakes and other infected waterways.
E. VHS is of particular concern to Pennsylvania's aquaculture industry, in that its presence and impact may severely limit the market for Pennsylvania-produced fish and fish products.
F. VHS virus exists within the Lake Erie and Lake Ontario Watersheds, which includes portions of Crawford, Erie and Potter Counties.
G. The Department registers ''artificial propagators'' of fish and ''dealers'' of fish under 3 Pa.C.S. §§ 4201--4223 (relating to Aquaculture Devlopment Law). There are the Department-registered artificial propagators and dealers within the Lake Erie and the Lake Ontario Watersheds.
H. VHS virus exists in several States outside this Commonwealth, including Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin.
I. There is no known treatment for VHS infection, no vaccine against this disease and no feasible live animal test that can detect the presence of VHSV.
J. The Domestic Animal Law allows at 3 Pa.C.S. § 2329 (relating to quarantine) for the establishment of a Quarantine Order under the circumstances described previously.
Order
The Department enters a General Quarantine Order and an Interstate Quarantine Order with respect to VHS, incorporating the foregoing recitals into this order. This order is entered under authority of the Domestic Animal Law, at 3 Pa.C.S. § 2329, and establishes the following restrictions and conditions:
1. General. This order establishes a General Quarantine with respect to VHS-susceptible species (defined, in Paragraph 2) produced, held or transported by the Department-registered artificial propagators or the Department-registered dealers from those Pennsylvania Counties that are--in whole or in part--within the Lake Erie or Lake Ontario Watersheds. This order also establishes an Interstate Quarantine with respect to VHS-susceptible species transported from certain states within which VHS has been detected or is reasonably suspected to exist. For purposes of this order, the terms ''VHSV'' and ''VHS'' shall be considered synonymous.
2. VHS-susceptible species. For purposes of this order, the term ''VHS-susceptible species'' shall include live animals, dead animals and dead animal parts of the following fish species, as well as any other fish species designated ''VHS-susceptible species'' by the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA APHIS) after the effective date of this Order: Atlantic Cod (Gadus morhua), Black Crappie (Pomoxis nigromaculatus), Bluegill (Lepomis macrochirus), Bluntnose Minnow (Pimephales notatus), Brown Bullhead (Ictalurus nebulosus), Brown Trout (Salmo trutta), Burbot (Lota lota), Channel Catfish (Ictalurus punctatus), Chinook Salmon (Oncorhynchus tshawytscha), Coho Salmon (Oncorhynchus kisutch), Chum Salmon (Oncorhynchus keta), Emerald Shiner (Notropis atherinoides), Freshwater Drum (Aplodinotus grunniens), Gizzard Shad (Dorosoma cepedianum), Grayling (Thymallus thymallus), Haddock (Gadus aeglefinus), Herring (Clupea spp.), Japanese Flounder (Paralichthys olivaceus), Largemouth Bass (Micropterus salmoides), Muskellunge (Esox masquinongy), Pacific Cod (Gadus macrocephalus), Pike (Esox lucius), Pink Salmon (Onchorhynchus gorbuscha), Pumpkinseed (Lepomis gibbosus), Rainbow Trout (Oncorhynchus mykiss), Redhorse Sucker (Moxostoma spp.), Rock Bass (Ambloplites rupestris), Rockling (Onos mustelus), Round Goby (Neogobius melanostomus), Smallmouth Bass (Micropterus dolomieu), Sprat (Sprattus spp.), Turbot (Scophthalmus maximus), Walleye (Sander vitreus), White Bass (Morone chrysops), White Perch (Morone americana), Whitefish (Coregonus spp.) and Yellow Perch (Perca flavescens). The term ''VHS-susceptible species'' does not include the eggs of these species.
3. General Quarantine--Imposition.
a. A General Quarantine is hereby established with respect to the following counties, which are--in whole or in part--within the Lake Erie or Lake Ontario Watersheds: Crawford, Erie and Potter Counties (Quarantined Counties).
b. The Department-registered artificial propagator of fish species or the Department-registered dealer of fish species shall not transport VHS-susceptible species from the Quarantined Counties unless the testing and documentation requirements set forth, in Paragraph 5, are met. The following exceptions apply:
i. VHS-susceptible species may be moved from point-to-point within the Quarantined Counties without the Department-registered artificial propagator or dealer having to comply with the referenced testing and documentation requirements, if the VHS-susceptible species are accompanied in transit by documentation stating the point of origin of the fish and the location within the Quarantined Counties to which they are to be delivered.
ii. VHS-susceptible species may be moved from the Quarantined Counties for testing and scientific purposes without the Department-registered artificial propagator or dealer having to comply with the referenced testing and documentation requirements, if the VHS-susceptible species are accompanied in transit by documentation stating the point of origin of the fish and the destination to which they are to be delivered for testing.
iii. If the Department-registered artificial propagator or dealer located within the Quarantined Counties documents to the Department that its operation is not located within the Lake Erie or Lake Ontario Watersheds, the Department may issue the propagator or dealer a written permit exempting that part of the propagator or dealer's operation from the requirements of this General Quarantine.
iv. VHS-susceptible species may be moved from the Quarantined Counties directly to a slaughter facility, processing plant or restaurant within this Commonwealth, if accompanied in transit by documentation stating the point of origin of the fish and the destination to which they are to be delivered for slaughter, processing or consumption.
c. The Department-registered artificial propagator of fish species or a Department-registered dealer of fish species moving VHS-susceptible species from the Quarantined Counties shall maintain records of any lot of VHS-susceptible species for 2 years and shall, upon request, produce these records for inspection by any employee or representative of the Department. The records shall include:
i. Species, quantity and destination of fish in the lot and date of movement.
ii. Origin of fish in the lot (whether hatched onsite or brought live from another source).
iii. Date of VHS-related testing, and results of these tests.
iv. Dates of any additions of fish to the lot, including the source, species and approximate number of fish added to the lot.
d. If VHS-susceptible species are transported from or within a Quarantined County in accordance with subparagraph (b), the following apply:
i. The VHS-susceptible species shall not be deposited, introduced, dumped, commingled or otherwise permitted to enter the natural water system outside of the Lake Erie or Lake Ontario Watersheds.
ii. Water in which VHS-susceptible species are transported shall not be deposited, introduced, dumped, commingled or otherwise permitted to enter the natural water system outside of the Lake Erie or Lake Ontario Watersheds.
4. Interstate Quarantine--Imposition.
a. An Interstate Quarantine is hereby established with respect to the following States, which have been designated by USDA APHIS as being either affected by VHS or as being at risk of being affected by VHS (Quarantined VHS-Affected or VHS At-Risk States): Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin.
b. VHS-susceptible species shall not be transported into the Commonwealth from the Quarantined VHS-Affected or VHS-At-Risk States unless the testing and documentation requirements set forth, in Paragraph 5, are met. The following exceptions apply:
i. VHS-susceptible species may be moved from Quarantined VHS-Affected or VHS At-Risk States, through this Commonwealth to another State, if the shipping container (tank, trailer, holding vessel or other container) remains biosecure in transit and the VHS-susceptible species are accompanied in transit by documentation stating the point of origin of the fish and the location outside of this Commonwealth to which they are to be delivered.
ii. VHS-susceptible species may be moved from the Quarantined VHS-Affected or VHS At-Risk States to facilities located within the Commonwealth for testing and scientific purposes without the transporter having to comply with the referenced testing and documentation requirements, if the VHS-susceptible species are accompanied in transit by documentation stating the point of origin of the fish and the destination to which they are to be delivered for testing.
iii. VHS-susceptible species may be moved from Quarantined VHS-Affected or VHS At-Risk States to a slaughter facility, processing plant or restaurant within the Commonwealth, if accompanied in transit by documentation stating the point of origin of the fish and the destination to which they are to be delivered for slaughter, processing or consumption.
c. If VHS-susceptible species are transported into this Commonwealth from the Quarantined VHS-Affected or VHS-At-Risk States in accordance with subparagraph (b), the following apply:
i. VHS-susceptible species shall not be deposited, introduced, dumped, commingled or otherwise permitted to enter the natural water system within this Commonwealth.
ii. Water in which VHS-susceptible species are transported shall not be deposited, introduced, dumped, commingled or otherwise permitted to enter the natural water system within this Commonwealth.
5. Testing and Documentation Requirements. VHS-susceptible species that are required to be tested under Paragraphs 3 or 4, shall meet the following testing and documentation requirements:
a. Within 12 months preceding movement from a Quarantined County or a Quarantined VHS-Affected or VHS-At-Risk State, the VHS-susceptible species lot shall be tested in accordance with either the testing protocols described in the current edition of the Fish Health Section Bluebook adopted by the American Fisheries Society or the testing protocols of the Office of International Epizootiologies, and the lot shall be test-negative for VHS.
b. If fish are added to a lot of VHS-susceptible species after the testing described in Paragraph (a), previous, is completed, the lot shall be retested in accordance with Paragraph (a) and found VHS test-negative prior to movement.
c. Documentation of VHS status shall accompany VHS-susceptible species that are required to be tested under Paragraphs 3 or 4, at all times the VHS-susceptible species remain within the Commonwealth and shall, upon request, be produced for inspection by any employee or representative of the Department. This documentation shall include the following:
i. A completed Aquaculture Verification Certificate form. This form will be provided by the Department upon request. Requests can be made to the following:
Department of Agriculture
Bureau of Animal Health and Diagnostic Services
ATTN: Aquaculture
2301 North Cameron Street
Harrisburg, PA 17110-9408
(717) 772-2852ii. A copy of the test results reflecting that the lot is VHS test-negative.
6. Violations. Any person violating the requirements of this Order shall be subject to criminal prosecution and/or civil penalties of up to $10,000 per violation.
7. Effective Date. This Order is immediately effective on this date, and shall remain in effect unless rescinded or modified by subsequent order.
8. Additional Restrictions. This Order shall not be construed as limiting the Department's authority to establish additional quarantine or testing requirements relating to VHS.
DENNIS C WOLFF,
Secretary
AQUACULTURE VERIFICATION CERTIFICATE
For artificial propagators and dealers of fish species located within the Viral Hemorrhagic Septicemia Virus Quarantined Counties in Pennsylvania, and also the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin to ship VHS-susceptible fish species into the Commonwealth of Pennsylvania. Section A: Premise Information
State of Origin: _________________ Premise ID: _________________
Aquaculture License Number: _________________
Lot Owner:
Address of Lot: __________
Phone Number of Lot Owner/ Manager: _________________
Type of Fish that Qualify for movement (Quantity, species, size/age.)
__________
__________
__________
Section B: Testing Information
The above identified lot has been established and no fish have been added to this lot since testing. Randomly selected fish have been tested according to OIE or American Fisheries Society ''Fish Health Section Blue Book'' standards. The negative test results are valid for 365 days, if no additional fish were added to the lot. The negative test results must be attached to this Certificate.
Test Date: _________________ Laboratory Accession Number: __________
Expiration Date of Certificate: ___________________________
Section C: Official Tester Verification
I certify that I have randomly sampled the fish from the above identified lot. I have inspected the fish as described above and no signs of clinical disease were observed and the fish tested negative for Viral Hemorrhagic Septicemia Virus.
Printed name: _________________ Telephone Number: __________
Signature: _________________ Date: _________________
I am a (select one): O State Official, O Federal Official, O Accredited Veterinarian, O Certified Aquaculture Technician Section D: Lot Owner/ Manager Verification
Lot Owner/Manager Printed Name:
Date: _________________ Signature:
[Pa.B. Doc. No. 07-1864. Filed for public inspection October 12, 2007, 9:00 a.m.]
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