Environment DEC
From the April 2007 issue
Revised Emergency Regulations Adopted to Prevent Spread of VHS
The New York State Department of Environmental Conservation (DEC) recently announced the adoption of new emergency regulations to prevent the spread of viral hemorrhagic septicemia (VHS) to additional waters in the state. The new emergency regulations, which took effect on March 9, 2007 replace previously enacted emergency regulations and reflect changes incorporated as a result of public comments. The changes affect limits to possession, sale, transfer, taking and release of certain baitfish and other live fish in New York waters. VHS is a fish pathogen and poses no threat to public health.
All fish destined for release into state waters must be inspected
About VHS
VHS was first confirmed in New York waters in May 2006 in Lake Ontario and the St. Lawrence River. Since then, it has been confirmed in several fish species in Great Lakes basin waters in New York State, Conesus Lake and in other states. Once a fish is infected with VHS, there is no known cure and it is often fatal. Because of the virus's ability to spread, and potential impact to fisheries, recreation and the economy, the World Organization for Animal Health has categorized VHS as a transmissible disease with the potential for profound socioeconomic consequences.
VHS can be spread from water body to water body through a variety of means, not all of them known at this point. One known pathway is through the movement of fish, including baitfish. DEC, in cooperation with the College of Veterinary Medicine at Cornell University, has sampled fish from waters across the state, and except for Conesus Lake, VHS has not been confirmed in fish from any water outside the Great Lakes basin.
The amended federal order, issued on November 14, 2006, to prevent the spread of VHS to other waters and protect economically important sport fisheries and aquaculture remains in effect. Information on the federal order and more can be found on the Animal and Plant Health Inspection Service (APHIS) website (see "Related Links" below).
NY Needs More Safeguards
The amended federal order does not address the movement of fish within New York State. In-state movement of fish for use as bait or for stocking could spread VHS in New York and cause significant adverse impacts to the state's fish resources. Therefore, to protect New York's valuable fishery resources, DEC adopted emergency regulations that, along with the revised proposed rule-making, include additional provisions. See the complete press release at "Related Links" below, for details on those provisions. In addition, existing regulations are in place that govern in which waters anglers are allowed to use baitfish and where commercial collection of baitfish is allowed.
With the adoption of the new emergency regulations, DEC simultaneously filed revisions to the pending proposal to adopt these regulations permanently. The provisions of the emergency regulations and the revised rule-making are identical. The revisions respond to public comments received on the proposed rule-making, which was filed on November 21, 2006. The changes are intended to further balance protection of the resource with concerns of commercial bait dealers and recreational anglers.
Text of the emergency regulation is available on the DEC website (see "Related Links" below). Hard copies of the rule-making can also be requested from DEC by writing to: Shaun Keeler, NYSDEC, 625 Broadway, Albany, NY 12233-4750; or by calling DEC at 518-402-8920.
To Comment
Public comment on the proposed revisions concludes on April 27, 2007. The public may submit comments by mail to: Shaun Keeler, NYSDEC, 625 Broadway, Albany, NY 12233-4750 or by email.
Related Links
Text of Emergency Regulations
Offsite Links
World Organization for Animal Health
College of Veterinary Medicine at Cornell University
