[Federal Register Volume 70, Number 25 (Tuesday, February 8, 2005)]
[Rules and Regulations]
[Pages 6553-6554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2323]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 53 and 71

[Docket No. 02-091-2]


Spring Viremia of Carp; Payment of Indemnity

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the general indemnity regulations to provide for the 
payment of indemnity to owners for fish destroyed because of spring 
viremia of carp. We also amended the interstate movement regulations to 
prevent the movement of fish infected with or exposed to spring viremia 
of carp. These actions were necessary to help control and eradicate 
this disease in the United States.

DATES: Effective Date: The interim rule became effective on May 12, 
2004.

FOR FURTHER INFORMATION CONTACT: Ms. Jill Rolland, Fishery Biologist, 
Certification and Control Team, VS, APHIS, 4700 River Road Unit 46, 
Riverdale, MD 20737-1231; (301) 734-7727.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective May 12, 2004, and published in the 
Federal Register on May 17, 2004 (69 FR 27823-27827, Docket No. 02-091-
1), we amended the general indemnity regulations contained in 9 CFR 
part 53 to provide for the payment of indemnity to owners for fish 
destroyed because of spring viremia of carp (SVC). We also amended the 
interstate movement regulations to prevent the movement of fish 
infected with or exposed to SVC. These actions were necessary to help 
control and eradicate this disease in the United States.
    Comments on the interim rule were required to be received on or 
before July 16, 2004. We received one comment by that date, from a 
private citizen. This commenter raised several issues related to the 
interim rule. These issues are discussed below.
    The commenter objected to payment of indemnity to eligible owners 
on the grounds that such payment is contrary to the public interest and 
will only reward poor practice among aquaculturists. We believe that 
payment of indemnity is necessary to provide an incentive for 
aquaculturists to participate in the surveillance and eradication 
program and thus to ensure the success of the program. We are making no 
changes to the rule in response to this comment.
    The commenter stated that since fish destroyed as a result of 
infection or exposure to SVC may be sold for rendering or salvage 
value, the payment received for such sales should be all the recompense 
aquaculturists receive. We note that not all fish destroyed because of 
SVC may be sold for rendering or salvage value, such as ornamental fish 
infected with SVC. The regulations provide that any salvage value 
collected for fish destroyed because of SVC will be subtracted from the 
amount of any indemnity payment a producer may receive.
    The commenter stated that the United States Department of 
Agriculture should neither support aquaculture nor extend payment of 
indemnity to aquaculturists because fish are not livestock. We point 
out that the National Aquaculture Act of 1980, as amended by the 
National Aquaculture Improvement Act of 1985 (16 U.S.C. 2801-2810), 
requires the Secretary to support and develop aquaculture programs. 
Furthermore, the Animal Health Protection Act (7 U.S.C. 8301-8317), 
from which the Animal and Plant Health Inspection Service (APHIS) 
derives its authority to regulate matters associated with animal 
health, defines livestock as ``all farm-raised animals.'' We interpret 
this to mean aquatic as well as terrestrial animals. We are making no 
changes to the rule in response to this comment.
    The commenter further stated that the importation of carp should be 
prohibited and carp should be banned in the United States. We believe 
such measures to be unwarranted. We are making no changes to the rule 
in response to this comment.
    The commenter noted that since the disease survives in mud and 
water, eradication would be impossible or at least expensive. We note 
that there are two treatments available to control the survival of the 
virus in mud and water. Depending on the size of the pond, it may 
simply be allowed to dry out, or it may be treated with slaked lime, 
which raises the pH of the pond, penetrates the mud, and renders the 
virus inactive. Neither of these treatments is difficult or excessively 
expensive. We are making no changes to the rule in response to this 
comment.
    The commenter also objected to the practice of aquaculture on the 
grounds that it represents an environmental threat. We note that 
APHIS's mission is to protect plant and animal health, not to dictate 
the means by which plants and animals are raised, unless those means 
pose a risk to plant or animal health. We do not believe that 
aquaculture in itself poses an inherent risk to the health of fish so 
raised. We are making no changes to the rule in response to this 
comment.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule without 
change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, this action 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.

List of Subjects

9 CFR Part 53

    Animal diseases, Indemnity payments, Livestock, Poultry and poultry 
products.

9 CFR Part 71

    Animal disease, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements, Transportation.

PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND 
CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY

PART 71--GENERAL PROVISIONS

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR parts 53 and 71 and that was published 
at 69 FR 27823-27827 on May 17, 2004.


[[Page 6554]]


    Done in Washington, DC, this 2nd day of February 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-2323 Filed 2-7-05; 8:45 am]
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