WSR 02-15-001

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-139 -- Filed July 3, 2002, 2:12 p.m. ]

Date of Adoption: July 3, 2002.

Purpose: Provide for interim rules for nonnative aquatic species.

Statutory Authority for Adoption: Chapter 281, Laws of 2002.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Chapter 281, Laws of 2002, established a new classification system for nonnative aquatic animals, and prohibits release of nonnative aquatic animals that are not classified. The department routinely releases nonnative fishes in the warmwater enhancement program, and needs emergency classification to not be in violation of this new law. Additionally, emergency rules are needed to not criminalize current possession of animals on the prohibited list. These interim rules will be in effect until the commission considers permanent rules at the August 2-3 meeting.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

July 3, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-12-09000A   Classification -- Nonnative aquatic animal species.   (1) Prohibited aquatic animal species. The following species are classified as prohibited aquatic animal species:

(a) Amphibians:

(i) Family Pipidae: African clawed frog, Xenopus laevis.

(ii) Family Ranidae: Bull frog, Rana catesbeiana.

(b) Crustaceans:

(i) Family Cercopagidae:

(A) Fish hook water flea, Cercopagis pengoi.

(B) Spiny water flea, Bythotrephes cederstroemi.

(ii) Family Grapsidae: Mitten crabs: All members of the genus Erochier.

(iii) Family Malacrosta:

(A) Red swamp crayfish, Procrambarus clarkii.

(B) Rusty crayfish, Orconectus rusticus.

(iv) Family Portunidae: European green crab, Carcinus maenas.

(c) Fish:

(i) Family Amiidae: Bowfin, grinnel, or mudfish, Amia calva.

(ii) Family Channidae: China fish, snakeheads: All members of the genus Channa.

(iii) Family Characidae: Piranha: All members of the genera Pygocentrus, Rooseveltia, and Serrasalmus.

(iv) Family Clariidae: Walking catfish: All members of the family.

(v) Family Cyprinidae:

(A) Fathead minnow, Pimephales promelas.

(B) Grass carp (in the diploid form), Ctenopharyngodon idella.

(C) Ide, silver orfe or golden orfe, Leuciscus idus.

(D) Rudd, Scardinius erythropthalmus.

(vi) Family Gobiidae: Round goby, Neogobius melanostomus.

(vii) Family Esocidae: Northern pike, Esox lucius.

(viii) Family Lepiosteidae: Gar-pikes: All members of the family.

(d) Mammals:

Family Myocastoridae: Nutria, Myocastor coypu.

(e) Molluscs:

(i) Family Dreissenidae: Zebra mussels: All members of the genus Dreissena and all species known as quagga.

(ii) Family Gastropoda: New Zealand mud snail, Potamopyrgus antipodarum.

(2) Regulated aquatic animal species. The following species are classified as regulated aquatic animal species:

(a) Crustaceans:

All nonnative crustaceans classified as shellfish.

(b) Fish:

(i) All nonnative fish classified as food fish and game fish.

(ii) Family Cichlidae: Tilapia: All members of the genera Tilapia, Oneochromis, and Sartheradon.

(iii) Family Clupeidae: Alewife, Alosa pseudoharengus.

(iv) Family Cyprinidae:

(A) Common carp, koi, Cyprinus carpio.

(B) Goldfish, Carassius auratus.

(C) Tench, Tinca tinca.

(D) Grass carp (in the triploid form), Ctenopharyngodon idella.

(v) Family Poeciliidae: Mosquito fish, Gambusia affinis.

(c) Molluscs:

(i) All nonnative molluscs classified as shellfish.

(ii) Family Psammobiidae: Mahogany clam or purple varnish clam, Nuttalia obscurata.

(3) Unregulated aquatic animal species. The following species are classified as unregulated aquatic animal species: None.

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NEW SECTION
WAC 232-12-01600A   Nonnative aquatic species.   The following provisions apply to nonnative aquatic species:

(1) Request for designation of unlisted aquatic animal species prior to release. Unlisted nonnative aquatic animal species must be reviewed and designated for classification by the commission as either regulated aquatic animal species or unregulated aquatic animal species prior to approval for release into state waters. A request for classification of an unlisted nonnative aquatic animal species shall be treated as a petition to amend WAC 220-12-090, and made on the OFM-01 form. Upon receipt of a petition, the department shall initially classify the species as a prohibited species until the review is complete. In addition to the OFM-01 form, a person requesting classification must provide the following information in order to present a complete request for designation for classification:

(a) Common and scientific name, reason for release, source of the animals proposed for release, and number of animals proposed for release.

(b) Native range of the species, assessment of potential positive and negative impacts of the release, citation of available scientific literature on release of the species in other nonnative locales, known potential for displacement of native species, hybridization with or predation upon native species, and disease or parasite transmission.

(c) Estimate of technical and economic feasibility of eradicating or controlling spread of the species once it is introduced into state waters.

(2) Provisions applying to prohibited aquatic animal species.

(a) 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.

(b) Scientific research or display: The director may authorize, by prior written permit, a person to possess prohibited aquatic animal species for scientific research or display, provided:

(i) Specimens are confined to a secure facility, defined as an enclosure that will prevent the escape or release of prohibited aquatic animal species into a natural watercourse, and specimens are inaccessible to wildlife or other animals that could transport prohibited aquatic animal species.

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

(iii) 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 prohibited aquatic animal species must be killed at the conclusion of the project and either chemically preserved or disposed of in a landfill.

(iv) 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 prohibited aquatic animal species enclosures and general nature of the research.

(c) 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 prohibited aquatic animal species, provided:

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

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

(iii) All prohibited aquatic animal species are disposed of in accordance with the monitoring and control program; and

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

(d) Capture of prohibited species in state waters. Prohibited aquatic animal species that are captured in state waters and not immediately returned to the water from which they were captured must be killed before removing the prohibited aquatic animal species from within the riparian perimeter of the body of water.

(e) Prohibited aquatic animals held in commercial and personal possession prior to classification. A person who possessed a prohibited aquatic animal species prior to the time the species was classified as prohibited may continue to hold the animal or animals for the life of the animals, provided:

(i) The person must maintain proof of possession prior to the classification.

(ii) The animals may not be transferred to another owner within the state.

(iii) The person must comply with all provisions of this section.

(iv) The animals must be prevented from reproducing, or if prevention is impracticable, the progeny must be destroyed.

(3) Infested waters.

(a) The following bodies of waters are infested with invasive aquatic plants or prohibited aquatic animal species. In these waters:

(i) It is unlawful to use aquatic animals from these waters for bait in the infested waters or any other waters.

(ii) All aquatic vegetation must be removed from lines, nets, motors, and all other equipment when the equipment is removed from the infested waters.

(iii) It is unlawful to transport water from these bodies of water, and bait containers, live wells, and bilges must be emptied before leaving the riparian perimeter of the body of water, except:

(A) Water may be transported in emergencies, such as a fire emergency.

(B) Water may be withdrawn and used under a water appropriation or public waters work permit issued by the department of ecology.

(b) List of infested waters:

Adams County: Herman lake.

Chelan County: Chelan, Fish, Roses and Wapato lakes.

Clallam County: Sutherland Lake.

Clark County: Battleground, and Lacamas lakes, Caterpillar Slough, Lake River.

Columbia, Franklin and Walla Walla counties: Herbert G. West Lake.

Cowlitz County: Kress and Silver lakes, Soho and Willow Grove sloughs.

Franklin County: Kahlotus and Sacajawea lakes, Scooteney Reservoir.

Grant County: Babcock Ridge, Billy Clapp, Burke, Caliche, Canal, Corral, Corral Southwest, Moses, Priest Rapids, Quincy, Stan Coffin and Warden lakes, unnamed potholes at Dodson Frenchman and Frenchman Hills Nos. 1 through 4, Evergreen and Potholes reservoirs, Rocky Ford Creek and Winchester Wasteway.

Grays Harbor County: Duck Lake.

Island County: Lone Lake.

Jefferson County: Leland Lake.

King County: Alice, Desire, Geneva, Killarney, Meridian, Pine, Pipe, Sawyer, Spring, Steel, and Washington lakes.

Kitsap County: Buck, Long, Mission, Square, and Wye lakes.

Kittitas County: Lavendar and Matton lakes.

Klickitat County: Celilo, Horsethief, and Spearfish lakes, Columbia River.

Lewis County: Mayfield and Plummer lakes, Swofford Pond, Chehalis River.

Mason County: Isabella, Island, Limerick, Mason and Spencer lakes.

Okanagon County: Conconully, Palmer, Pearrygin, and Whitestone lakes.

Pacific County: Black and Loomis lakes.

Pend Oreille County: Davis, Fan, Mashall, and Sacheel lakes, Pend Oreille River.

Pierce County: Bay, Clear, Harts, Kapowsin, Ohop, Spanaway, Tanwax, Tapps, and Whitman lakes.

Skagit County: Big, Campbell, Clear, Erie, Mcmurray, and Sixteen lakes.

Skamania County: Drano Lake.

Snohomish County: Roesiger and Shoecraft lakes.

Spokane County: Eloika, Liberty, and Silver lakes.

Stevens County: Loon and Waitts lakes.

Thurston County: Hicks, Long, and Munn lakes, Black River.

Wahkiakum County: Columbia River and Brooks Slough.

Whatcom County: Silver, Terrell and Whatcom lakes.

Whitman County: Bryan and Lower Granite lakes.

Yakima County: Myron Lake, unnamed ponds at 12N - 19E - 20, Yakima River.

(4) Aquaculture provisions. It is unlawful to fail to comply with the following provisions regarding aquaculture and waters containing prohibited aquatic animal species or invasive aquatic plant species.

(a) If a natural body of water is found to be infested with invasive aquatic plants, the department will withdraw aquatic farm registration for aquaculture operations in that body of water. Private sector cultured aquatic products may be transferred to artificial water basins if the water therein is treated to eliminate infestation.

(b) Artificial water basins found to be infested with prohibited aquatic animal species are required to have the water sterilized before continuing aquaculture operations, and any private sector cultured products in such waters must be killed before sale or transfer.

(c) Nets, traps, buoys, stakes, and other equipment used in aquaculture in infested waters containing prohibited aquatic animal species or invasive aquatic plants must be sterilized before use in other aquaculture.

(d) By permit from the department, water from bodies of water infested with invasive aquatic plants may be used in artificial water basins for aquaculture, provided that the water is treated to eliminate invasive aquatic plants prior to use.

(5) Violations of this section involving invasive aquatic animal species is punishable under RCW 77.15.. . . (section 4, chapter 281, Laws of 2002).

(6) Violations of this section involving invasive aquatic plants is punishable under RCW 77.15.290.

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Washington State Code Reviser's Office