WSR 15-06-026

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE

[Filed February 25, 2015, 9:36 a.m., effective February 25, 2015, 9:36 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This rule-making order repeals chapter 16-810 WAC adopted on February 2, 2015, to establish a quarantine zone in Okanogan county to protect 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 16-810-005, 16-810-010, 16-810-015, 16-810-016, 16-810-020, 16-810-025, 16-810-030, 16-810-035, 16-810-040, and 16-810-045.

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 was found in domestic poultry in Okanogan County in January 2015. 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 Okanogan County 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 10.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 25, 2015.

Mark Streuli

Deputy Director

REPEALER

The following sections of the Washington Administrative Code are repealed:


WAC 16-810-005	Definitions.
WAC 16-810-010	Necessity of establishing a quarantine zone for notifiable avian influenza (NAI)—Purpose.
WAC 16-810-015	Zone 1 under quarantine for NAI.
WAC 16-810-016	Zone 2 under quarantine for NAI.
WAC 16-810-020	Prohibition on moving poultry, eggs, and poultry products, and specified farm products within or from the quarantine zone established for NAI.
WAC 16-810-025	Restrictions on vehicles, poultry equipment, wood crates and poultry products leaving from any premises in the quarantine zone established for NAI.
WAC 16-810-030	Testing live poultry within the quarantine zone.
WAC 16-810-035	Destruction of poultry testing positive or exposed to birds testing positive for NAI.
WAC 16-810-040	Disposal of dead poultry originating within the quarantine zone.
WAC 16-810-045	Special permits—Quarantine zone.