DEPARTMENT OF AGRICULTURE

[Filed May 11, 2023, 1:20 p.m., effective June 11, 2023]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The department is amending chapter 16-80 WAC to:

Citation of Rules Affected by this Order: Repealing WAC 16-80-009 and 16-80-010; and amending WAC 16-80-005, 16-80-006, 16-80-008, 16-80-045, and 16-80-060.


•	Change the title of the chapter to "Domestic and Feral Swine in Washington State";
•	Remove definitions for "Department," "Director," "Exposed," and "Pseudorabies infected herd";
•	Update the definition of "Official USDA-approved identification" to reference the January 9, 2013, version of 9 C.F.R Chapter 1, Section 71.19;
•	Update hyperlinks to standards adopted in WAC 16-80-006 and 16-80-008;
•	Repeal WAC 16-80-009 and 16-80-010;
•	Clarify official United States Department of Agriculture-approved identification requirements for swine in WAC 16-80-045; and
•	Require observations of feral swine to be reported to the Washington invasive species council.

Statutory Authority for Adoption: RCW 16.36.040.

Adopted under notice filed as WSR 23-07-136 on March 22, 2023.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 5, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 2.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 10, 2023.

Chapter 16-80 WAC

DOMESTIC AND FERAL SWINE ((DISEASES REGULATED)) IN WASHINGTON STATE

AMENDATORY SECTION(Amending WSR 10-13-057, filed 6/10/10, effective 7/11/10)

WAC 16-80-005Definitions.

In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

(("Department" means the Washington state department of agriculture.

"Director" means the director of agriculture of the state of Washington or his or her authorized representative.

"Exposed" means to have had contact with an animal infected with an infectious or communicable disease.))

"Feral swine" means animals included in any of the following categories:

• Animals of the genus Sus that are free roaming on public or private lands and do not appear to be domesticated;

• Swine from domesticated stocks that have escaped or been released or born into the wild state;

• European wild hogs and their hybrid forms (also known as European wild boars or razorbacks), regardless of whether they are free roaming or kept in confinement; or

• Animals of the family Tayassuidae such as peccaries and javelinas, regardless of whether they are free roaming or kept in confinement.

"Official USDA-approved identification" means methods of identification, as approved in 9 C.F.R. ((Chapter 1, Section 71.19, January 1, 2009))Sec. 71.19, revised January 9, 2013.

(("Pseudorabies infected herd" means a herd of swine in which pseudorabies has been diagnosed in one or more animals by the National Veterinary Service Laboratory (NVSL) or a state laboratory approved by USDA to conduct official pseudorabies tests.))

"USDA" means the United States Department of Agriculture.

AMENDATORY SECTION(Amending WSR 10-13-057, filed 6/10/10, effective 7/11/10)

WAC 16-80-006Adoption of USDA pseudorabies eradication program standards.

In addition to the rules adopted in this chapter, the Washington state department of agriculture adopts the procedures and methods of the USDA pseudorabies eradication state-federal-industry program standards, effective November 1, 2003. The department maintains a copy of this document for public inspection. You may ((also)) find the information on the internet at((: http://www.aphis.usda.gov/animal_health/animal_diseases/pseudorabies/downloads/program_stds.pdf))https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/swine-disease-information/swine-pseudorabies.

AMENDATORY SECTION(Amending WSR 10-13-057, filed 6/10/10, effective 7/11/10)

WAC 16-80-008Adoption of USDA swine brucellosis control and eradication program standards.

In addition to the rules adopted in this chapter, the Washington state department of agriculture adopts the procedures and methods of the USDA swine brucellosis control and eradication state-federal-industry program standards, effective April, 1998. The department maintains a copy of this document for public inspection. You may ((also)) find the information on the internet at((: http://www.aphis.usda.gov/animal_health/animal_dis_spec/swine/downloads/sbruumr.pdf))https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/swine-disease-information/swine-brucellosis.

AMENDATORY SECTION(Amending WSR 10-13-057, filed 6/10/10, effective 7/11/10)

WAC 16-80-045Official identification of swine.

All swine ((moving through))that leave the farm of origin or move through a public livestock market((s)) or collection ((facilities in intrastate or interstate commerce))facility and all exhibition swine, must have official USDA-approved identification ((in compliance with 9 C.F.R. Chapter 1, Section 71.19, January 1, 2009))unless going direct to slaughter.

AMENDATORY SECTION(Amending WSR 10-13-057, filed 6/10/10, effective 7/11/10)

WAC 16-80-060Feral swine.

Feral swine are ((illegal))prohibited in the state of Washington. ((If found, feral swine will be eradicated and disposed of in a humane manner.))If observed, feral swine must be reported to the Washington invasive species council by telephone at 1-888-268-9219 or at their website at www.invasivespecies.wa.gov/report. Additionally, USDA Wildlife Services may be contacted by phone at 1-866-487-3297. An interagency response will be coordinated upon receipt of information.

The following sections of the Washington Administrative Code are repealed:

Surveillance program.