Testimony of Larry A. Schuler, DVM
State Veterinarian and
Executive Officer of the State Board of Animal Health
House Bill 1347
House Agriculture Committee
Peace Garden Room
January 31, 2003

Chairman Nicholas and Committee members, my name is Larry Schuler. I am the state veterinarian and executive officer of the State Board of Animal Health. I am here to testify in opposition to HB 1347, which relates to importation permits for dogs and cats.

This bill appears to be in response to the proposed administrative rule that would require importation permits on all animals entering the state. The State Board of Animal Health submitted this rule for public comment in early December has had a public hearing on the proposed rule and will receive written comments until February 14. Based on the comments received to date, there is much public opposition to the proposed rule. In order for the board to be responsive to the wishes of the people of North Dakota, it will make substantial changes to the proposed rule or possibly withdraw the portion of the proposed rule that applies to importation permits.

HB 1347 and the proposed amendment will severely restrict the Board's ability to respond to disease situations as they occur. Currently, there is an Exotic Newcastle Disease outbreak in Southern California which has now spread to Nevada. Approximately 60% of USDA/APHIS/VS's workforce and many state personnel are working on the eradication effort. HB 1347 and the proposed amendment would tie the hands of the Board and prevent the Board from taking action to prevent this disease from entering North Dakota. Also at this time, there is an equine herpes virus outbreak occurring in Ohio that is causing a neurological disease and death in horses. This bill and the proposed amendment will prohibit the Board from taking action to prevent the disease from entering North Dakota if it becomes necessary. Many things can change with regards to an animal's health status in a short period of time. In 1999, there was an outbreak of equine infectious anemia in the state that affected over 30 horses. These horses all had to be destroyed. It appears that this was the result of horses that were imported without a health certificate. This bill and the proposed amendment will prevent the Board from dealing with common equine diseases. Plague and tularemia are two diseases that are listed as Category "A" Bioterrorist Diseases. Category "A" diseases are the diseases that are of the greatest threat to the public. Plague affects cats and tularemia affects both dogs and cats. Again, this bill will also limit the Board from taking action if there is a bioterrorist attack using one of these organisms? In 2001, Viral Hemorrhagic disease of rabbits was identified in rabbits in Utah. This is a disease that is foreign to the United States and has almost a 100% mortality rate. Rabbits exposed to Viral Hemorrhagic disease were traced to the Montana State Fair and we were notified of the possibility of exposure of rabbits at the North Dakota State Fair. HB 1347 and the proposed amendment would prevent the Board from taking action to prevent the introduction of the disease into North Dakota?

I urge you to allow the Administrative Rulemaking process to work. The final rule will be much different than what was proposed based on the public comment received to date. If the final rule does not meet needs expressed by the input of the public, the Administrative Rules Committee has the authority to not approve the final rule.

HB 1347 will severely limit the ability of the Board to protect the health of the domestic animals and nontraditional livestock of this state. Exempting specific species from importation requirements by statute does not allow the Board to respond to disease situations and puts all of the domestic animals and nontraditional livestock in this state at risk.

Chairman Nicholas and Committee members, I urge a do not pass on HB 1347. I will be glad to answer any questions that you may have.