Comment from THOMAS FREEZE, KEO FISH FARM, INC.

September 29, 2008 Docket No. APHIS-2007-0038 Regulatory Analysis and Development PPD, APHIS, Station 3A-03.8 4700 River Road Unit 118 Riverdale, MD 20737-1238 To Whom It May Concern: I am commenting on Docket No. APHIS-2007-0038, which is the Proposed Interim Rule on Viral Hemorrhagic Septicemia. Under “Expected Benefits of the Interim Rule” APHIS states: “The interim rule is expected to benefit aquaculture facilities” and specifically lists the catfish and baitfish industries in Mississippi, Alabama and Arkansas that are valued at almost $440 million. The rule further states that: “Preventing the spread of VHS to these areas will help preserve the catfish and baitfish industries”. The above $440 million in benefits may not be justifiable under this rule given that both the catfish and baitfish industries are closed pond type systems where summer time water temperatures routinely reach 95+ F, a temperature well in excess of what the VHS virus can survive in. The requirement that live fish must be inspected by an accredited veterinarian or State, Tribal or Federal competent authority for aquatic animal health within 72 hours prior to shipment and were found to be free of any clinical signs of disease consistent with VHS serves absolutely no purpose because the OIE Manual of Diagnostic Tests for Aquatic Animals, section 2.1.5 Viral Hemorrhagic Septicemia clearly states that “there are no VHS specific gross clinical signs”. This means that fish with a common pathogen such as columnaris could be visually diagnosed as VHS suspect within this 72-hour time frame. The requirement that cleaning and disinfections of fish shipping containers (i.e. fish trucks) must be monitored by an accredited veterinarian or State, Tribal or Federal competent authority before any live VHS-regulated fish can be moved interstate is logistically impossible. This requirement should be replaced by a veterinarian or State, Tribal or Federal competent authority monitored Best Management Practice (BMP) that requires detailed signed records to be kept by the affected farm. These records could be submitted for review when the already required VHS semi-annual inspections are conducted. The requirement that aquaculture facilities that use an “unsecure” water source should test for VHS every 30 days is unrealistic. I could understand such a requirement for selling “free swimming” wild fish that are captured from an “unsecure” water source as these wild fish can move many miles within a given time period from a contaminated water source to an uncontaminated water source. On the other hand, domesticated fish raised within an aquaculture facility that has repeated tested negative for VHS should be allowed to enter into interstate trade until such a time that the farm tests positive for VHS. Many farms that use an “unsecure” water source may be near the headwaters of a small creek or river that has no wild fish movement up into it and hence these farms are actually protected from VHS. As long as fish of a lesser disease status are not brought onto a farm with a two-year VHS negative history, a farm with a secure water source should only be required to test once a year and a farm with an “unsecure” water source should only be required to test twice a year. Additionally, the actual lab report should state how long a test is good for, be it six months or one year or anything in-between. In summary, the existing Federal Emergency Order on VHS has worked quite well as evidenced by the lack of additional VHS outbreaks and the fact that not a single public or private aquaculture facility has tested positive for VHS. I believe that USDA-APHIS should give serious consideration to postponing the Interim Rule on VHS and modifying it so that the Interim Rule on VHS more closely resembles the successful Emergency Order on VHS. Sincerely, Mike Freeze Keo Fish Farms, Inc.