WSR 15-05-032

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE

[Filed February 10, 2015, 3:14 p.m., effective February 10, 2015, 3:14 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 were placed on poultry and poultry products in a designated quarantine zone in Clallam County. The quarantine has been released; therefore these emergency rules are no longer necessary.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-51-900, 16-51-905, 16-51-910, 16-51-915, 16-51-920, 16-51-925, 16-51-930, 16-51-935, and 16-51-940.

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 with [when] it affects poultry. Containment and eradication of HPAI is necessary to protect Washington's poultry.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 9.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 10, 2015.

Don R. Hover

Director

REPEALER

The following sections of the Washington Administrative Code are repealed:


WAC 16-51-900	Definitions and acronyms
WAC 16-51-905	Necessity of establishing a quarantine zone for notifiable avian influenza (NAI)—Purpose
WAC 16-51-910	Zone under quarantine for NAI
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.
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.
WAC 16-51-925	Testing of live poultry within the quarantine zone.
WAC 16-51-930	Destruction of birds testing positive or exposed to birds testing positive for NAI.
WAC 16-51-935	Disposal of dead poultry originating within the quarantine zone.
WAC 16-51-940	Special permits—Quarantine zone.