WSR 15-03-084
EMERGENCY RULES
DEPARTMENT OF AGRICULTURE
[Filed January 20, 2015, 5:23 p.m., effective January 20, 2015, 5:23 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: In the interest of protecting the commercial poultry industry, small poultry farms and poultry fanciers in Washington state from highly pathogenic avian influenza (HPAI), movement restrictions are being placed on poultry and poultry products in designated quarantine zones.
Statutory Authority for Adoption: RCW 16.36.040.
Other Authority: Chapter 34.05 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: HPAI has recently been found in domestic poultry within Washington state. HPAI is an extremely infectious and fatal form of avian influenza that affects many species of birds and is of particular concern when it affects poultry. It has been determined that the containment and eradication of HPAI is necessary to protect Washington's poultry industry.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 10, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 20, 2015.
Mark Streuli
Deputy Director
Clallam County Quarantine Zone for Notifiable Avian Influenza
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WAC 16-51-900 Definitions and acronyms
"HPAI" means Highly Pathogenic Avian Influenza.
"LPAI" means Low Pathogenic Avian Influenza.
"NAI" means Notifiable Avian Influenza which is defined under chapter 16-70 WAC as HPAI and LPAI H5/H7.
"Poultry" means chickens, turkeys, ratites, waterfowl, pigeons, doves and other domestic fowl. For purposes of this chapter, poultry also means game birds such as pheasants, partridge, chukars, quail, and grouse that are raised in confinement. Poultry does not mean free ranging birds defined as wildlife in Title 77 RCW.
"Premises" means any property where poultry are raised, held, or boarded.
"USDA, APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.
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WAC 16-51-905 Necessity of establishing a quarantine zone for notifiable avian influenza (NAI)Purpose.
This chapter is authorized by RCW 16.36.040. On December 24, 2014, the department received positive diagnosis of Highly Pathogenic Avian Influenza (HPAI) H5 found in domestic poultry within Washington State. HPAI is an extremely infectious and fatal form of avian influenza that affects many species of birds and is of particular concern when it affects poultry. Low Pathogenic Avian Influenza strains H5 and H7 (LPAI H5/H7) are also of concern because of the ability of the influenza virus to mutate to a highly pathogenic strain. HPAI and LPAI H5/H7 are defined as a Notifiable Avian Influenza (NAI).
The establishment of HPAI would be costly to the poultry industry, consumers and taxpayers. Eradication of an HPAI outbreak in the northeastern states in the mid-1980s resulted in the destruction of 17 million birds at a cost of nearly $65 million. The disease can spread rapidly from flock to flock. In some instances, strains of HPAI can be infectious to people. The USDA, APHIS works to keep NAI from becoming established in the United States. The director of agriculture, pursuant to authorities in chapter 16.36 RCW, has determined that the containment and eradication of NAI is necessary to protect the commercial poultry industry, small poultry farms and poultry fanciers of the state of Washington.
Birds species that are potential hosts for NAI include chickens, turkeys, ratites, waterfowl, pigeons, doves and other domestic fowl as well as game birds including pheasants, partridge, chukars, quail, and grouse. Migratory waterfowl have proved to be the natural reservoir for this disease.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
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WAC 16-51-910 Zone under quarantine for NAI
(1) A quarantine zone is created within Clallam County. All premises lying within the boundaries outlined in (1)(a) of this section fall under movement restrictions per WAC 16-51-915. See map below.
(a) Starting at the northeastern point and moving clockwise; From Marine Drive, continue South to East Anderson Road, Turn Left on East Anderson Road, Turn Right onto Town Road, Turn Left onto Old Olympic Highway, Turn Right onto N. Kendall Road, Turn Right onto W. Hendrickson Road, Turn Left onto N. Priest Road, Continue on S. Priest Road, Turn Right at W. Washington Street, Turn left at River Road.
At the end of River Road, connect horizontally due West with The Taylor Cutoff Road (the two roads do not connect), Turn Right onto Lost Mountain Road, Turn Right onto NF 2875, Turn Left onto High County Drive, Turn Left onto Blue Mountain Drive, Turn Right onto Marmot Loop.
At the intersection of Marmot Loop and Deer Park road, connect horizontally due West with Hurricane Ridge Road (the two roads do not connect), Continue following Hurricane Ridge Road North, Turn Right onto S. Mt. Angeles Road, Turn Right onto E. Park Avenue, Turn left onto Liberty Street, Turn Right onto S. Ennis Street, Continue onto North Ennis Street, End at Lees Creek Road.
Map of Quarantine Zone
 
(2) A map of the quarantine zone can be obtained through a request to the department at toll-free number (800) 606-3056 or email at ahealth@agr.wa.gov.
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WAC 16-51-915 Prohibition on moving poultry, eggs, and poultry products, and specified farm products within or from the quarantine zone established for NAI.
(1) Movement of living or dead poultry, eggs, or poultry products within or from the quarantine zone for NAI is prohibited, unless a permit has been issued by the department pursuant to WAC 16-51-940. Poultry may be moved within property that is one premises under the control of one person so long as that movement does not cross the boundary of a quarantine zone established by this chapter. Dead poultry or other dead birds can be transported to an approved landfill or an incinerator for disposal when secured within two plastic bags in compliance with WAC 16-51-935.
(2) Poultry shows or sales may not be held within the quarantine zone unless permissible per WAC 16-51-910 or by a special permit issued under WAC 16-51-940.
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WAC 16-51-920 Restrictions on vehicles, poultry equipment, wood crates and poultry products leaving from any premises in the quarantine zone established for NAI.
(1) The following articles are declared to be able to carry NAI, and their movement or transportation from any premises in the quarantine zone is prohibited prior to being disinfected:
(a) vehicles;
(b) the outer surfaces of diagnostic samples collected in approved containers;
(c) sampling equipment made of metal, glass, or plastic such totes, scissors, knives, specimen bottles, or specimen vials;
(d) non-disposable personal protective equipment capable of being disinfected such as rubber boots or shoes, respirators or reusable protective clothing;
(e) poultry equipment made of metal, plastic polymer, non-natural materials; and,
(f) water resistant data recording materials.
(2) The following are the required practices for adequate disinfecting the items listed in section (1) above:
(a) Thoroughly scrub to free the item of visible, dirt, manure, or other organic material.
(b) Apply disinfectant using brushes, sponges or spray units.
(c) Use all disinfectants according to the manufacturer's label, state laws and local regulations.
The USDA, APHIS Web site at (http://www.aphis.usda.gov/animal_health/birdbiosecurity/biosecurity/) may be consulted for the latest recommendations concerning poultry biosecurity or the department may be contacted by calling (800) 606-3056 or by email at ahealth@agr.wa.gov.
(3) The following articles are declared capable of carrying NAI, and their movement or transportation from any premises in the quarantine zone is prohibited since they cannot be adequately sanitized:
(a) disposable sampling equipment including syringes, needles, swabs;
(b) Non-water resistant data recording materials including writing utensils, notepads, clipboards, or paper;
(c) disposable personal protective equipment such as clothing, masks, and boots; and,
(d) all other items that may have come in contact with infected secretions from poultry and are not capable of being disinfected.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
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WAC 16-51-925 Testing of living poultry within the quarantine zone.
When requested, poultry or eggs on any premise in the quarantine zone must be presented to the department for testing. Results from the testing will be provided as soon as practical to the owner of the birds.
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WAC 16-51-930 Destruction of birds testing positive or exposed to birds testing positive for NAI.
Poultry that test positive or are exposed to birds that test positive for NAI must be destroyed promptly after a plan for indemnity and flock management has been accepted by the department, the USDA, APHIS and the flock owner. Euthanasia must be humanely handled in accordance with practices recommended by the department. A list of approved euthanasia practices can be obtained through a request to the department by calling (800) 606-3056 or by email at ahealth@agr.wa.gov.
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WAC 16-51-935 Disposal of dead poultry originating within the quarantine zone.
Dead poultry or other dead birds may only be disposed of by one of the following options:
1) Dead poultry or other dead birds can be transported to an approved landfill for disposal when secured within two plastic bags and outer surfaces are disinfected.
2) Dead poultry or other dead birds can be composted on site or as part of a recognized composting operation. On-site composting shall be managed and monitored by the department or other suitable state agency.
3) Dead poultry or other dead birds may be incinerated at an approved facility. Transport requirements are as in (1) above.
4) Dead poultry or other dead birds may be disposed of by other method only by special permit issued under WAC 16-51-940.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
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WAC 16-51-940 Special permits—Quarantine zone.
The department may issue special permits for actions otherwise forbidden under provisions of this chapter. These special permits shall be conditioned to minimize the risk of spreading NAI.