WSR 98-23-097

EXPEDITED ADOPTION

DEPARTMENT OF

FISH AND WILDLIFE

[Filed November 18, 1998, 11:54 a.m.]

Title of Rule: Aquatic nuisance species.

Purpose: Amend rules to monitor and eradicate aquatic nuisance species.

Other Identifying Information: This rule is proposed pursuant to the Washington state aquatic nuisance species management plan, see WSR 98-11-104.

Statutory Authority for Adoption: RCW 77.12.020, 77.12.040, 75.24.140.

Statute Being Implemented: RCW 75.24.140.

Summary: Designate European green crab and Chinese mitten crab as deleterious exotic species and aquatic nuisance species, allow monitoring and control of aquatic nuisance species.

Reasons Supporting Proposal: These two crab species present a threat to indigenous species and to watercourses.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, WA, (360) 902-2930; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, WA, (360) 902-2325; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, (360) 902-2375.

Name of Proponent: Washington State Department of Fish and Wildlife.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Designates green crab and mitten crab as aquatic nuisance species and allows qualified persons to monitor these species.

Proposal Changes the Following Existing Rules: Includes zebra mussels as aquatic nuisance species.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Rules Coordinator, Fish and Wildlife, 600 Capitol Way, Olympia, WA 98501, AND RECEIVED BY January 16, 1999.

November 18, 1998

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION (Amending WSR 96-15-096, filed 7/19/96, effective 8/19/96)

WAC 232-12-01701  ((Zebra mussels)) Aquatic muisance species. (1) The following species are designated as deleterious exotic wildlife and aquatic nuisance species:

(a) Zebra mussels, including Dreissena polymorpha and other species commonly known as quagga;

(b) The European green crab, Carcinus maenas; and

(c) Chineese mitten crabs, including all members of the genus Eriocheir((, are hereby designated as deleterious exotic wildlife and a public nuisance))

(2) It is unlawful to intentionally import into the state or possess ((zebra mussels)) aquatic nuisance species except as provided in this section.

(3) Zebra mussels: It is unlawful to import live aquatic organisms, including plants, for release into state waters from any state or Canadian province east of the Continental Divide without each importation being accompanied by a zebra mussel-free certificate issued by the department and signed by the supplier of the aquatic organisms. The original receiver in the state of Washington of the shipment of aquatic organisms is required to retain the zebra mussel-free certificate for two years. Secondary receivers, while in possession of live aquatic organisms, are required to retain invoices or other records showing who was the original receiver.

(4) Scientific research: The director may authorize, by prior written permit, a person to possess ((zebra mussels)) aquatic nuisance species for scientific research, provided:

(a) Specimens are confined to a secure facility, defined as an enclosure that will prevent the escape or release of ((zebra mussels)) aquatic nuisance species or any form of ((zebra mussel)) aquatic nuisance species larvae, is not a natural watercourse, and is inaccessible to wildlife or other animals that could transport ((zebra mussels or zebra mussel larvae)) aquatic nuisance species.

(b) Specimens are not transferred to any other facility((,)) without written approval by the director or designee.

(c) All zebra mussels are incinerated or chemically preserved at the conclusion of the project, and the enclosure, holding waters and all equipment are disinfected. All other aquatic nuisance species must be killed at the conclusion of the project and either chemically preserved or disposed of in a landfill.

(d) The permittee provides an annual report to the department, no later than January 31 of the following year, on a form provided by the department, describing the number, size and location of ((zebra mussel)) aquatic nuisance species enclosures and general nature of the research.

(((e) All zebra mussel enclosures are subject to inspection without warrant at reasonable times and in a reasonable manner by authorized department personnel.))

(5) Monitoring and control programs: The director may authorize persons working within the scope and supervision of a department-sponsored monitoring and control program to capture, possess and destroy aquatic nuisance species, provided:

(a) The persons have completed a mandatory training program and are certified by the department;

(b) The persons have a permit authorized by the director or designee in possession;

(c) All aquatic nuisance species are disposed of in accordance with the monitoring and control program; and

(d) Participants submit a report to the department within 30 days of any monitoring or control activity in accordance with the specifications outlined in the monitoring and control program.

(6) Abatement. Except as provided for in subsection (4) of this section, the department may take action to prevent or abate introduced ((zebra mussels)) aquatic nuisance species as a public nuisance, including chemical treatment of the water containing the ((zebra mussels)) aquatic nuisance species or object to which ((the zebra mussels are)) an aquatic nuisance species is attached, heat treatment of such object, or other abatement measures as are appropriate. The possessor of ((zebra mussels)) aquatic nuisance species may be responsible for costs incurred by the department in abating ((a zebra mussel)) an aquatic nuisance species infestation.

[Statutory Authority: RCW 77.12.020 and 77.12.040. 96-15-096 (Order 96-80), § 232-12-01701, filed 7/19/96, effective 8/19/96.]

Reviser's note: The spelling 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.

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.