DEPARTMENT OF AGRICULTURE

"Department" means the Washington state department of agriculture.

"Director" means the director of the Washington state department of agriculture.

"HPAI" means highly pathogenic avian influenza.

"LPAI" means low pathogenic avian influenza.

"NAI" means notifiable avian influenza, which consists of highly pathogenic avian influenza and low pathogenic avian influenza.

"Poultry" means chickens, turkeys, ratites, waterfowl, pigeons, doves and other domestic fowl. For purposes of this chapter, poultry also means game birds such as pheasants, partridge, chukars, quail, and grouse that are raised in confinement. Poultry does not mean free ranging birds defined as wildlife in Title 77 RCW.

"Premises" means any property where poultry are raised, held, or boarded.

"USDA, APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.

This chapter is authorized by RCW 16.36.040. On December 24, 2014, the department received positive diagnosis of highly pathogenic avian influenza (HPAI) H5 found in domestic poultry within Washington State. 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. Low pathogenic avian influenza strains H5 and H7 (LPAI H5/H7) are also of concern because of the ability of the influenza virus to mutate to a highly pathogenic strain. HPAI and LPAI H5/H7 are defined as a notifiable avian influenza (NAI).

The establishment of HPAI would be costly to the poultry industry, consumers and taxpayers. Eradication of an HPAI outbreak in the northeastern states in the mid-1980s resulted in the destruction of 17 million birds at a cost of nearly $65 million. The disease can spread rapidly from flock to flock. In some instances, strains of HPAI can be infectious to people. The USDA, APHIS works to keep NAI from becoming established in the United States. The director of the department of agriculture, pursuant to authorities in chapter 16.36 RCW, has determined that the containment and eradication of NAI is necessary to protect the commercial poultry industry, small poultry farms and poultry fanciers of the state of Washington.

Birds species that are potential hosts for NAI include chickens, turkeys, ratites, waterfowl, pigeons, doves and other domestic fowl as well as game birds including pheasants, partridge, chukars, quail, and grouse. Migratory waterfowl have proved to be the natural reservoir for this disease.

(1) A quarantine zone is created within Okanogan County. All premises lying within the boundaries outlined in (1)(a) through (1)(d) of this section, excluding tribal land, fall under movement restrictions per WAC 16-800-020. See map below.

(a) Northern boundary. Beginning at the intersection of US 97 WA 20 and S. Janis Road, turn right onto S. Janis Road. Turn left onto McLaughlin Canyon Road, then right onto Hardy Road, then turn left onto Chewilken Valley Road.

(b) Eastern boundary. From Chewilken Valley Road, turn right onto JH Green Road, then left onto Hosheit Road, then left onto Tedrow Trail Road, then left onto Brown Pass Road to the boundary line of the Colville Tribe. Follow the Colville Tribe boundary west and then south until it crosses US 97 WA 20.

(c) Southern boundary. Turn right onto US 97 WA 20, then left onto Cherokee Road, then right onto Robinson Canyon Road. Turn left onto Bide A Wee Road, then left onto Duck Lake Road, then right onto Soren Peterson Road, then left onto Johnson Creek Road, then right onto George Road. Turn left onto Wetherstone Road, then right onto Eplay Road.

(d) Western boundary. From Eplay Road, turn right onto Conconully Road/6th Avenue N., then left onto Green Lake Road, then right onto Salmon Creek Road, then right onto Happy Hill Road, then left onto Conconully Road (turns into Main Street). Turn right onto Broadway, then left onto C Street, then right onto Lake Street E, then right onto Sinlahekin Road, then right onto S. Fish Lake Road, then right onto Fish Lake Road. Turn left onto N. Pine Creek Road, then right onto Henry Road (turns into N. Pine Creek Road), then right onto Indian Springs Road, then right onto Hwy 7, ending at US 97 WA 20.

(2) A map of the quarantine zone can be obtained through a request to the department at toll-free number (800) 606-3056 or email at ahealth@agr.wa.gov.

(1) Movement of living or dead poultry, eggs, or poultry products within or from the quarantine zone for NAI is prohibited, unless a permit has been issued by the department pursuant to WAC 16-800-045. Poultry may be moved within property that is one premises under the control of one person so long as that movement does not cross the boundary of a quarantine zone established by this chapter. Dead poultry or other dead birds may be transported to an approved landfill or an incinerator for disposal when secured within two plastic bags in compliance with WAC 16-51-935.

(2) Poultry shows or sales may not be held within the quarantine zone unless permissible per WAC 16-800-015 or by a special permit issued under WAC 16-800-045.

(1) The following articles are declared to be able to carry NAI, and their movement or transportation from any premises in the quarantine zone is prohibited prior to being disinfected:

(a) Vehicles;

(b) The outer surfaces of diagnostic samples collected in approved containers;

(c) Sampling equipment made of metal, glass, or plastic such totes, scissors, knives, specimen bottles, or specimen vials;

(d) Non-disposable personal protective equipment capable of being disinfected such as rubber boots or shoes, respirators or reusable protective clothing;

(e) Poultry equipment made of metal, plastic polymer, non-natural materials; and,

(f) Water resistant data recording materials.

(2) The following are the required practices for adequate disinfecting the items listed in subsection (1) above:

(a) Thoroughly scrub to free the item of visible, dirt, manure, or other organic material;

(b) Apply disinfectant using brushes, sponges or spray units; and

(c) Use all disinfectants according to the manufacturer's label, state laws and local regulations.

The USDA, APHIS Web site at (http://www.aphis.usda.gov/animal_health/birdbiosecurity/biosecurity/) may be consulted for the latest recommendations concerning poultry biosecurity or the department may be contacted by calling (800) 606-3056 or by email at ahealth@agr.wa.gov.

(3) The following articles are declared capable of carrying NAI, and their movement or transportation from any premises in the quarantine zone is prohibited since they cannot be adequately sanitized:

(a) Disposable sampling equipment including syringes, needles, swabs;

(b) Non-water resistant data recording materials including writing utensils, notepads, clipboards, or paper;

(c) Disposable personal protective equipment such as clothing, masks, and boots; and,

(d) All other items that may have come in contact with infected secretions from poultry and are not capable of being disinfected.

When requested by the department, poultry or eggs on any premises in the quarantine zone must be presented to the department for testing. Results from the testing will be provided as soon as practical to the owner of the birds.

Poultry that test positive or are exposed to birds that test positive for NAI must be destroyed promptly after a plan for indemnity and flock management has been accepted by the department, the USDA, APHIS and the flock owner. Euthanasia must be humanely handled in accordance with practices recommended by the department. A list of approved euthanasia practices can be obtained through a request to the department by calling (800) 606-3056 or by email at ahealth@agr.wa.gov.

Dead poultry or other dead birds may only be disposed of by one of the following options:

(1) Dead poultry or other dead birds may be transported to an approved landfill for disposal when secured within two plastic bags and outer surfaces are disinfected.

(2) Dead poultry or other dead birds may be composted on site or as part of a recognized composting operation. On-site composting shall be managed and monitored by the department or other suitable state agency.

(3) Dead poultry or other dead birds may be incinerated at an approved facility. Transport requirements are as in subsection (1) above.

(4) Dead poultry or other dead birds may be disposed of by other method only by special permit issued under WAC 16-800-045.

The department may issue special permits for actions otherwise forbidden under provisions of this chapter. These special permits shall be conditioned to minimize the risk of spreading NAI.