WSR 17-05-099

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 15, 2017, 7:52 a.m.]

Subject of Possible Rule Making: Chapter 16-54 WAC, Animal importation.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 16.36.040 and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is considering amending chapter 16-54 WAC to:

1. Change the requirement that rams must be tested negative on an ELISA test for Brucella ovis within thirty days before entering Washington state to sixty days;

2. Repeal WAC 16-54-101(4);

3. Remove the equine infectious anemia test exemption for equine moving to Washington from Idaho and Oregon; and

4. Remove the M. bovis test requirement for old world primates, gibbons, and great apes.

Changing the requirement from thirty days to sixty days for rams to be tested negative for Brucella ovis will allow for more flexibility for producers to attend multiple sales and or shows prior to retesting. The Washington State Sheep Producers petitioned the department to repeal the requirement that black face sheep imported for breeding purposes must be genetic tested before entry to be QR or RR at the 171 codon. This repeal is necessary because most sheep producers are no longer breeding QQ. Washington, Idaho, and Oregon have identified equine infectious anemia horses in all three states and collectively have chosen to remove the test exemption in all three states. Old world primates, gibbons, and great apes are not subject to M. bovis testing because M. bovis is not seen in nonhuman primates.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: We will discuss the proposed changes with the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services who have regulations in place for sheep. We will also be discussing with our Idaho and Oregon state animal health officials the removal of the equine infectious anemia test exemption.

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jodi Jones, Washington State Department of Agriculture, P.O. Box 42577, Olympia, WA 98504, phone (360) 902-1889, fax (360) 902-2087, email jjones@agr.wa.gov.

February 15, 2017

Lynn M. Briscoe

Assistant Director