WSR 97-01-098
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
(Fisheries)
[Filed December 18, 1996, 11:55 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-18-077 and 96-18-081.
Title of Rule: Aquaculture disease control.
Purpose: Amend rules for import and transfer of aquaculture products.
Statutory Authority for Adoption: RCW 75.08.080, 75.58.010.
Statute Being Implemented: RCW 75.08.080, 75.58.010.
Summary: Amend aquaculture rules to provide clarification. Require kelp importation permit.
Reasons Supporting Proposal: Industry has requested clarification.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, 902-2325; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, 902-2927.
Name of Proponent: Washington State Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 220-77-020, adds definitions for clarification; WAC 220-77-040, provides mechanism for reporting of diseases and insures health of Washington state aquaculture industry. Codifies current policy for clarification; and WAC 220-77-065, allows for importation of kelp as per SHB 2605, Laws of 1996.
Proposal Changes the Following Existing Rules: Clarifies current rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Imposes no new duties on small businesses. Provides clarification of existing policy. Allows for importation of kelp which was previously prohibited.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Point Hudson Resort and Marina, Point Hudson Harbor, Port Townsend, on January 31, 1997, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Robin Ayers by January 14, 1997, TDD (360) 902-2295, or (360) 902-2933.
Submit Written Comments to: Evan Jacoby, Washington Department of Fish and Wildlife, Rules Coordinator, 600 North Capitol Way, Olympia, WA 98501, FAX (360) 902-2930, by January 30, 1997.
Date of Intended Adoption: January 31, 1997.
December 18, 1996
Evan Jacoby
Rules Coordinator
AMENDATORY SECTION (Amending Order 80-123, filed 9/17/80)
WAC 220-20-038 Shellfish--Import and transfer. It shall be
unlawful to import, transfer, ship or otherwise cause live shellfish of
any kind or form or associated pest, predators or disease organisms, to
be introduced into the ((marine)) waters of the state of Washington
without first obtaining written permission from the director ((of
fisheries)) or ((his)) the director's authorized agent. The permit shall
accompany the shellfish during transit and at the point of introduction.
It shall be unlawful for the permit holder to fail to comply with all
terms, conditions and provisions of the permit or to perform any act in
connection with the permit that is not specifically authorized in the
permit. The permit may specify department inspections and transfer
conditions for the import or transfer.
[Statutory Authority: RCW 75.08.080. 80-13-064 (Order 80-123), 220-20-038, filed 9/17/80.]
AMENDATORY SECTION (Amending Order 87-20, filed 3/27/97 [3/27/87],
effective 4/27/97 [4/27/87])
WAC 220-77-020 Definitions--Aquaculture disease control. For purposes of this chapter, the following definitions apply:
(1) "Aquaculture products" are defined as private sector cultured aquatic products propagated, farmed, or cultivated on aquatic farms under the supervision and management of an aquatic farmer, or such products naturally set on lands under the active supervision and management of an aquatic farmer.
(2) "Disease" is defined as infection, contagious disease, parasite
or pest, occurring on or within an aquaculture product or other imported
shellfish or finfish or on or within the water ((and)) or substrate
associated with the aquaculture product shellfish, or fisnfish, or an
occurrence of significant mortality suspected of being of an infectious
or contagious nature.
(3) "Finfish" is defined as live fish, fish eggs or fish gametes, but not to include aquaria species commonly sold in the pet store trade when raised in indoor containers, indigenous marine baitfish, or mosquito fish.
(4) "Shellfish" is defined as all ((members of the phyla mollusca,
arthropoda, and echinodermata)) aquatic invertebrates except insects.
(5) "Epizootic" is defined as the occurrence of a specific disease which can be detected in fifty percent of the mortality or moribund individual fish in an affected container or shellfish on an affected bed or within an affected population, and which results in an average daily mortality of at least one-half of one percent of the affected individual fish for five or more days in any thirty-day period.
(6) "Marine plant" is defined as nonvascular plants belonging to the phlya Clorophyta, Phaeophyta, or Rhodophyta and vascular plants belonging to the family Zosteraceae when growing in marine or estuarine waters, and includes the seeds, spores, or any life-history phase of the plants. "Marine plants" do not include aquaria plants or phytoplankton.
(7) "Working day" is defined as any day other than Saturday, Sunday, or a Washington state holiday.
(8) "Department" is defined as the department of ((fisheries)) fish
and wildlife.
(9) "Quarantine" is defined as isolation of the organism in a department approved facility.
(10) "Pest" is defined as parasite, parasitoid, predator, or fouling agent.
(11) "Established species" is defined as a species that has been propagated through aquaculture for at least ten years in Washington, or a species naturally reproducing within Washington.
(12) "West coast commerce region" is defined as the states of Alaska, California, Oregon, and Washington and the province of British Columbia.
(13) "Kelp" is defined as as any species of brown algae of the order Laminariales.
(14) "Class A shellfish disease" is defined as an infectious disease which can cause significant mortality or loss of condition or quality in affected shellfish.
(15) "Class B shellfish disease" is defined as an infectious disease which is not known to cause significant mortality or loss of condition or quality in affected shellfish.
(16) "Market ready shellfish" are defined as aquatic invertebrate
species which are intended for immediate human consumption and will not
be placed into or come in contact with state waters.
[Statutory Authority: RCW 75.58.010. 87-08-033 (Order 87-20), 220-77-020, filed 3/27/87.]
Reviser's note: The bracketed material preceding the section above
was supplied by the code reviser's office.
Reviser's note: The typographical errors in the above section
occurred in the copy filed by the agency and appear in the Register
pursuant to the requirements of RCW 34.08.040.
Reviser's note: The spelling errors in the above section occurred
in the copy filed by the agency and appear in the Register pursuant to
the requirements of RCW 34.08.040.
Reviser's note: RCW 34.05.395 requires the use of underlining and
deletion marks to indicate amendments to existing rules. The rule
published above varies from its predecessor in certain respects not
indicated by the use of these markings.
AMENDATORY SECTION (Amending Order 87-20, filed 3/27/97 [3/27/87],
effective 4/27/97 [4/27/87])
WAC 220-77-040 Shellfish aquaculture disease control. (1) It is
unlawful for any person to import into or ((transport within the state
of Washington shellfish aquaculture products for planting in Washington
waters)) possess live imported aquatic invertebrates, except market ready
shellfish, without first ((having obtained a)) obtaining an aquatic
invertebrate import permit ((to do so)) issued by the department. A copy
of the permit shall accompany the shellfish aquaculture products at all
times within the state of Washington, and must be presented upon request
to department employees. ((Possession of an oyster transfer permit
issued under RCW 74.24.110 will meet the requirements of this section)).
(2) ((The director may impose permit conditions as necessary to
ensure the protection of aquaculture products and native shellfish from
disease when the director concludes that there is a reasonable risk of
disease transmission associated with the shellfish aquaculture
products.)) The director shall appoint a seven-member advisory committee
consisting of one representative each from the department, the department
of agriculture, the aquatic farmers of Washington, the federally
recognized treaty tribes, private displayers of aquatic invertebrates,
aquatic invertebrate ecologists, and aquatic invertebrate disease control
specialists. The committee will advise the department on importation of
aquatic invertebrates, make recommendations on classification of
shellfish diseases, and review department policy. Recommendations of the
committee are not binding on the commission or director.
(3) ((For)) Established species ((and established routes of
commerce, the department will issue import and transfer permits is the
following criteria are met:)) with current disease free tissue
certification from areas of origin free of Class A shellfish diseases are
eligible for continued importation.
(a) ((A regular pattern of importation with no more than a one-year
time lapse between importations)) An additional disease free tissue
certification must be submitted every three years. The department will
waive the certification requirement if there is sufficient information
that the source area is free of Class A shellfish diseases.
(b) ((Documentation of recent mortality and disease history of the
shellfish aquaculture product in the area of origin showing a lack of
significant mortality.
(c) Verification that there has been no introduction of diseased
stocks into the area of origin.
(d) Documentation that the shellfish aquaculture product proposed
for import is from the approved area)) Additional disease free
certification may be required upon discovery or reports of disease at the
geographic source.
(4) ((For)) Established species ((not from established routes of
commerce, the department will additionally require the following before
deciding whether to issue an import or transfer permit:)) from new areas
of origin are eligible for import if health history documentation and
disease free tissue certification are provided to the department. Import
into quarantine is required for imports originating from outside the West
Coast Commerce Region.
(a) ((Documentation of mortality and disease of the shellfish
aquaculture product for the past ten years from the area of origin,
together with similar information for closely related species, if deemed
necessary)) Conditional importation approval will be initiated by permit
application.
(b) ((A history of those diseases in the area of origin that may
affect aquaculture products or native fauna and flora)) Presence of any
Class A shellfish disease in the area of origin will result in denial of
conditional approval.
(c) ((When applicable, documentation of an agreement with the
appropriate governmental agency with management responsibility in the
area of origin)) At least one additional disease free certification will
be required during the first year of importation. In the absence of
disease during the first year of importation, established species will
be eligible for continued importation, and the provisions of subsection
(3) of this section will apply.
(5) ((For)) Nonestablished species((, the department will
additionally consider the following criteria, which will require the
importer to provide a detailed life history and comply with the
requirements of SEPA:
(a) The capability of the receiving facility to hold the shellfish
aquaculture in)) for which a health history documentation has been
initiated by permit application are eligible for importation only into
quarantine. A SEPA checklist is required for any importation of a new
species.
(((b) The ability of the shellfish aquaculture product to naturally
reproduce or interbreed with endemic species in state waters))
(6) ((For purposes of verification of the disease-free status of
shellfish aquaculture products in subsections (3), (4) and (5) of this
section, the department may require sufficient samples for histological
evaluation either prior to or after subjecting the shellfish aquaculture
products to stress tests to detect latent disease conditions. In the
event of failure to obtain permit approval, consideration will be given
to introduction after hatchery production of a second generation stock))
Health history documentation will be based on available documentation
over the five years prior to application for an import permit, unless a
longer documentation is required for cause, and is required to be
provided by the applicant. Disease free tissue certification is required
from representative invertebrates proposed for import, and must be
certified by a department-approved invertebrate health care professional.
(7) Department employees may inspect quarantine facilities used for permitted shellfish imports at reasonable times without prior notification.
(8) Importers are required to immediately report to the department any epizootic, significant mortality potentially attributable to an infectious disease or discovery of a Class A shellfish disease in an approved source area. The report is required to be made within 24 hours of the event or discovery. Annual reporting of the presence or absence of Class A or Class B shellfish diseases may be a condition of any permit.
(9) Violation of these rules or the conditions of a permit, confirmation of a Class A shellfish disease at the geographic source, or verification of a substantial shellfish mortality at the geographic source may result in suspension or revocation of the import permit.
(((8))) In the event of denial, suspension or revocation of an
((importation or transfer)) import permit, the affected party may appeal
((the decision to the director. Additional appeals may be made)) through
the Administrative Procedures Act. A suspended or revoked permit will
remain suspended or revoked during the ((appellate)) appeal process.
[Statutory Authority: RCW 75.58.010. 87-08-033 (Order 87-20), 220-77-040, filed 3/27/87.]
Reviser's note: The bracketed material preceding the section above
was supplied by the code reviser's office.
Reviser's note: The typographical errors in the above section
occurred in the copy filed by the agency and appear in the Register
pursuant to the requirements of RCW 34.08.040.
Reviser's note: RCW 34.05.395 requires the use of underlining and
deletion marks to indicate amendments to existing rules. The rule
published above varies from its predecessor in certain respects not
indicated by the use of these markings.
NEW SECTION
WAC 220-77-065 Kelp importation--Permit required. (1) It is unlawful for any person to import kelp into the state of Washington for use in the herring spawn on kelp fishery without first having obtained a permit to do so issued by the department. A copy of the permit must accompany the imported kelp at all times until the kelp is placed into the marine environment and must be presented upon request to department employees.
(2) The director may impose permit conditions as necessary to ensure protection of aquaculture products and native species from disease when the director concludes that there is a risk of disease transmission associated with the imported kelp.
(3) A kelp import permit is not transferrable.
(4) Violation of these rules or the conditions of a permit may
result in suspension or revocation of the kelp import permit. In the
event of denial, suspension or revocation of a kelp import permit, the
affected party may appeal through the Administrative Procedures Act. A
suspended or revoked permit will remain suspended or revoked during the
appeal process.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.