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From the December 2006 issue

DEC Issues Emergency Regulations to Halt Spread of the Fish Pathogen VHS

muskellunge
Originally found in Muskellunge in
Lake Ontario, the disease has now
spread to other species and lakes
- photo by Wayne Davis

Recently, DEC announced the filing of an emergency regulation to help prevent the spread of Viral Hemorrhagic Septicemia (VHS) to additional waters in the state. VHS was first confirmed in Lake Ontario and the St. Lawrence River, and has now been confirmed in Lake Erie and Conesus Lake. The regulation, which took effect November 21, limits the release, possession and taking of certain bait and other live fish species. VHS is a pathogen of fish and does not pose any threat to human health. Because of the fatal virus's ability to spread, and potential impact on fisheries, recreation, and the economy, the World Organization of Animal Health has categorized VHS as a transmissible disease with the potential for profound socio-economic consequences.

USDA Issues Amended Import Restriction

Due to the potential adverse effects of this disease on fish populations and the desire to prevent or delay its spread to other states, the USDA Animal and Plant Health Inspection Service (APHIS) issued a federal order on October 24 and amended it on November 14. The original order prohibited the importation of certain species of live fish from Ontario and Quebec, and prohibited interstate movement of those same species from Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin, which border the Great Lakes. The amended order allows interstate movement of fish species provided the fish have been tested and certified free of VHS based on testing procedures implemented on the state level.

DEC's Emergency Regulations Address Intrastate Transport of Fish

fish stocking
Fish cannot be released in New York
waters until it is verified that they are
free from VHS and other fish diseases

Since the federal order does not address the movement of fish within New York State, such movement for bait or stocking purposes could spread VHS and cause significant adverse impacts to the state's fish resources. Therefore, DEC has adopted emergency regulations to:

  • Prohibit commercial collection of bait fish from waters of the state where VHS has been detected. A list of the prohibited waters can be found in the full press release of 11/21/06 at "Related Links" below;
  • Limit the personal possession and use of bait fish. The rule limits the number of bait fish that may be possessed to a total of 100, as well as restricts the use of bait fish for personal use to the specific water from which it was collected. This rule does not pertain to possession of bait fish in the Marine District, and
  • Require live fish destined for release into the waters of the state to be inspected by certified professionals and certified free of VHS and other serious fish diseases. The rule prohibits placement of live fish into the waters of the state (including possessing, importing and transporting live fish for purposes of placing them into the waters of the state) unless accompanied by a fish health inspection report issued within the previous 12 months. For all species of freshwater fish, a fish health inspection report shall certify that the fish are free of VHS, furunculosis, enteric red mouth, infectious pancreatic necrosis virus, spring viremia of carp virus and heterosporis. For salmon and trout, the fish health reports must also certify that the fish are free of whirling disease, bacterial kidney disease, and infectious hematopoietic necrosis virus (IHN). The fish health reports must be issued by an independent, qualified inspector, as well as conform with specific testing methods and procedures.

To Comment on the Rulemaking

While the emergency measure is in place, DEC will proceed with proposing these amendments as a permanent rulemaking. Publication in the State Register on December 6, 2006, will initiate a 45-day public comment period, concluding on January 22, 2007. During this time, the public may review the text of the regulation and e-mail comments by accessing the Fish, Wildlife and Marine Resources Proposed, Emergency and Recently Adopted Regulations web page on DEC's website (see "Related Links" below). You can also request hard copies of the rulemaking from Shaun Keeler, NYSDEC, 625 Broadway, Albany, NY 12233-4750; or by calling DEC at 518-402-8920. If you prefer, you can mail your comments to the same address after reviewing the rulemaking.