NTA: NEW Federal Regulation ALERT

Submitted by NTAHQ on 10/16/01. ( Ntahq@aol.com ) 152.163.188.194

October 16, 2001

The following is a new Federal Register Notice today on import restrictions from Japan due to BSE. It requires another formal comment on or before December 17, 2001.

Please file your comments promptly which should state "exemption of personal hunting trophies since no game animal has ever tested positive for carrying BSE."

Unless you act to protect your profession imported trophies can be curtailed on a country by country basis. We have done our part in notifying taxidermists, it is up to you to do your part and file comments to protect our industry.

Special thank you to John Jackson and Conservation Force for expanding the eyes and ears of the National Taxidermists Association and the many thousands of taxidermists that are not members of the NTA but benefit through our efforts. Perhaps you may consider becoming a part of this association and help us promote unity. This would allow us to donate more funds to Conservation Force to help protect our industry and our businesses.

Sincerely,
NTAHQ

[Federal Register: October 16, 2001
(Volume 66, Number 200)][Rules and Regulations]
[Page 52483-52484]
From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr16oc01-1]

Rules and Regulations
Federal Register

This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week.

[Page 52483]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 01-094-1]

Change in Disease Status of Japan Because of BSE
Agency: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.

SUMMARY: We are amending the regulations by adding Japan to the list of regions where bovine spongiform encephalopathy exists because the disease has been detected in a native-born animal in that region. The effect of this action is restriction on the importation of ruminants that have been in Japan and meat, meat products, and certain other products of ruminants that have been in Japan. This action is necessary to help prevent the introduction of bovine spongiform encephalopathy into the United States. DATES: This rule is effective retroactively to September 10, 2001. We invite you to comment on this docket. We will consider all comments that we receive by December 17, 2001.

ADDRESSES: Please send four copies of your comment (an original and three copies) to: Docket No. 01-094-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 01-094-1. You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW. Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 690-2817 before coming. APHIS documents published in the Federal Register, and related information, including the names of organizations and individuals who have commented on APHIS dockets, are available on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Chief Staff Veterinarian, National Center for Import and Export, Sanitary Issues Management Staff, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231; (301) 734-4356.

SUPPLEMENTARY INFORMATION:

Background:

The regulations in 9 CFR parts 93, 94, 95, and 96 (referred to below as the regulations) govern the importation of certain animals, birds, poultry, meat, other animal products and byproducts, hay, and straw into the United States in order to prevent the introduction of various animal diseases, including bovine spongiform encephalopathy (BSE).

BSE is a neurological disease of bovine animals and other ruminants and is not known to exist in the United States. It appears that BSE is primarily spread through the use of ruminant feed containing protein and other products from ruminants infected with BSE. Therefore, BSE could become established in the United States if materials carrying the BSE agent, such as certain meat, animal products, and animal byproducts from ruminants, are imported into the United States and are fed toruminants in the United States. BSE could also become established in the United States if ruminants with BSE are imported into the United States.

Sections 94.18, 95.4, and 96.2 of the regulations prohibit or restrict the importation of certain meat and other animal products and byproducts from ruminants that have been in regions in which BSE exists or in which there is an undue risk of introducing BSE into the United States. In Sec. 94.18, paragraph (a)(1) lists the regions in which BSE exists. Paragraph (a)(2) lists the regions that present an undue risk of introducing BSE into the United States because their import requirements are less restrictive than those that would be acceptable for import into the United States and/or because the regions have inadequate surveillance. Paragraph (b) of Sec. 94.18 prohibits the importation of fresh, frozen, and chilled meat, meat products, and most other edible products of ruminants that have been in any region listed in paragraphs (a)(1) or (a)(2). Paragraph (c) of Sec. 94.18 restricts the importation of gelatin derived from ruminants that have been in any of these regions. Section 95.4 prohibits or restricts the importation of certain byproducts from ruminants that have been in any of those regions, and Sec. 96.2 prohibits the importation of casings, except stomach casings, from ruminants that have been in any of these regions.

Additionally, the regulations in 9 CFR part 93 pertaining to the importation of live animals provide that the Animal and Plant Health Inspection Service may deny the importation of ruminants from regions where a communicable disease such as BSE exists and from regions that present risks of introducing communicable diseases into the United States (see Sec. 93.404(a)(3).

On September 10, 2001, Japan reported a suspected case of BSE in a native-born animal, and on September 22, 2001, Japan confirmed their diagnosis in a report to the Office International des Epizooties.

Therefore, in order to reduce the risk of introducing BSE into the United States, we are amending Sec. 94.18 (a)(1) by adding Japan to the list of regions where BSE is known to exist. The effect of this action is a restriction on the importation of ruminants that have been in Japan and on the importation of meat, meat products, and certain other products and byproducts of ruminants that have been in Japan. We are making this amendment effective retroactively to September 10, 2001, which is the date that BSE was reported in a native-born animal in that region.

Emergency Action

This rulemaking is necessary on an emergency basis to prevent the introduction of BSE into the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the Federal Register.

[Page 52484]

We will consider comments that are received within 60 days of publication of this rule in the Federal Register. After the comment period closes, we will publish another document in the Federal Register that will include a discussion of any comments we receive and any amendments we are making to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review process required under Executive Order 12866.

This emergency situation makes timely compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. We are currently assessing the potential economic effects of this action on small entities. Based on that assessment, we will either certify that the rule will not have a significant economic impact on a substantial number of small entities or publish a final regulatory flexibility analysis.

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Preempts all State and local laws and regulations that are inconsistent with this rule; (2) has retroactive effect to September 10, 2001; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule.

Paperwork Reduction Act

This interim rule contains no information collection or record keeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and record keeping requirements.

Accordingly, we are amending 9 CFR part 94 as follows:

PART 94--RINDER PEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS

1. The authority citation for part 94 continues to read as follows:

Authority: 7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.4.

Sec. 94.18 [Amended]

2. In Sec. 94.18, paragraph (a)(1) is amended by adding, in alphabetical order, the word ``Japan,''

Done in Washington, DC, this 10th day of October 2001.W. Ron DeHaven,Acting Administrator, Animal and Plant Health Inspection Service.[FR Doc. 01-25953 Filed 10-15-01; 8:45 am]
BILLING CODE 3410-34-U

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Update: BSE In Japan

This response submitted by NTAHQ on 10/18/01. ( Ntahq@aol.com ) 205.188.208.199

Our research indicates that the Japanese BSE incident was a single incident and only involved a cow - not a game animal. See below for details.

Best Regards,
John J. Jackson III

BOVINE SPONGIFORM ENCEPHALOPATHY IN JAPAN
Suspicion

See also: 28 September 2001

Emergency report

Information received on 10 September 2001 from Dr Shigeo Miyajima, Director of Animal Health Division, Ministry of Agriculture, Forestry and Fisheries, Tokyo:

Report date: 10 September 2001.

A five-year-old Holstein cow kept on a dairy farm in Chiba prefecture was slaughtered on 6 August 2001 at an abattoir.

As the cow had dystaxia, a brain sample was taken and sent to the National Institute of Animal Health (NIAH) and subjected to Prionics Check test with a negative result on 15 August.

A brain sample from this cow was also sent to the prefecture Livestock Hygiene Service Center and subjected to histopathological examination and found to have vacuoles on 24 August.

The same brain sample was sent to the NIAH on 6 September for histopathological examination with the same result.

The same sample was subjected to immunohistochemical examination with a positive result on 10 September.

Control measures: immediately after bovine spongiform encephalopathy was suspected, the herd was placed under quarantine by the prefecture veterinary inspector.

BOVINE SPONGIFORM ENCEPHALOPATHY IN JAPAN
Confirmation of diagnosis

See also: 14 September 2001

Emergency report

Information received on 23 September 2001 from Dr Shigeo Miyajima, Director of Animal Health Division, Ministry of Agriculture, Forestry and Fisheries, Tokyo:

Report date: 22 September 2001.

Nature of diagnosis: clinical and laboratory.

Date of initial detection of animal health incident: 6 August 2001 (see Disease Information, 14 [37], 209, dated 14 September 2001).

Total number of animals in the outbreak:

species susceptible cases deaths destroyed slaughtered
bov 47 1 0 1 0

Confirmation of diagnosis: fixed brain material (half midbrain), an H&E(1) stained section (medulla obex) and a paraffin wax block (medulla obex) were sent to the Veterinary Laboratories Agency (VLA) -Weybridge, United Kingdom, on 13 September 2001, and the diagnosis of bovine spongiform encephalopathy (BSE) made by the National Institute of Animal Health (NIAH) was confirmed at VLA by histopathological and immunohistochemical examination.

Source of agent / origin of infection: under investigation.

Control measures:

- The dairy farm where the case of BSE was found has been placed under supervision by Chiba Livestock Hygiene Service Center.

- Tracing of all animals that were kept with the infected cow.

- Epidemiological investigation of the feed used on the farm for the possible source of infection.

- Visit to all cattle farms in Japan for examination of cattle for clinical signs compatible with BSE.

- Visit to all feed mills to collect information on the use of meat-and-bone meal and on measures taken for the prevention of cross contamination, and to take and analyse feed samples.

(1) H&E: hematoxylin and eosin.


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