WSR 15-04-038

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE

[Filed January 27, 2015, 2:54 p.m., effective January 27, 2015, 2:54 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This rule-making order repeals sections of chapter 16-51 WAC adopted on January 7, 2015, to establish a quarantine zone in Benton and Franklin counties protecting the commercial poultry industry, small poultry farms and poultry fanciers in Washington state from highly pathogenic avian influenza (HPAI).

Citation of Existing Rules Affected by this Order: Repealing WAC 16-51-010, 16-51-100, 16-51-200, 16-51-300, 16-51-400, 16-51-500, 16-51-600, 16-51-700, and 16-51-800.

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 quarantine in Benton and Franklin counties was successful in the containment and eradication of HPAI in the designated zone. Immediate repeal of the movement restrictions on poultry and poultry products in the designated zone is necessary to protect Washington's poultry industry from long-term disruption.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 9.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 27, 2015.

Mark Streuli

Deputy Director

REPEALER

The following sections of the Washington Administrative Code are repealed:


WAC 16-51-010	Definitions and acronyms.
WAC 16-51-100	Necessity of establishing a quarantine zone for notifiable avian influenza (NAI)—Purpose.
WAC 16-51-200	Zone under quarantine for NAI.
WAC 16-51-300	Prohibition on moving poultry, eggs, and poultry products, and specified farm products within or from the quarantine zone established for NAI.
WAC 16-51-400	Restrictions on vehicles, poultry equipment, wood crates and poultry products leaving from any premises in the quarantine zone established for NAI.
WAC 16-51-500	Testing of living poultry within the quarantine zone.
WAC 16-51-600	Destruction of birds testing positive or exposed to birds testing positive for NAI.
WAC 16-51-700	Disposal of dead poultry originating within the quarantine zone.
WAC 16-51-800	Special permits—Quarantine zone.