WSR 19-20-011
EMERGENCY RULES
DEPARTMENT OF AGRICULTURE
[Filed September 19, 2019, 3:37 p.m., effective September 19, 2019, 3:37 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: In the interest of protecting domestic rabbits in Washington state from rabbit hemorrhagic disease (RHD), movement restrictions are being placed on rabbits and rabbit products on Lopez, Orcas, and San Juan islands.
Citation of Rules Affected by this Order: New WAC 16-51-005, 16-51-006, 16-51-007, 16-51-008, 16-51-009, 16-51-010, 16-51-011, 16-51-012, and 16-51-013.
Statutory Authority for Adoption: RCW 16.36.040.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: In July and August 2019, the department received positive diagnosis of RHD found in domestic rabbits and domestic feral rabbits on Orcas Island and San Juan Island within Washington state. A die off and reports of sick and dead rabbits consistent with RHD was also reported on Lopez Island. RHD is an extremely infectious and almost universally fatal viral disease that is not endemic to Washington. It is reportable to the OIE (Office International de [des] Epizooties, also known as the World Health Organization for Animal Health [World Organization for Animal Health]). Under chapter 16.36 RCW, domestic rabbits are considered livestock.
The establishment of RHD in Washington mainlands would be costly to the rabbit industry and consumers. It is of particular concern due to potential partial loss of livelihood for rabbit breeders, loss of companion animals, loss of animals for 4-H participants and loss of primary protein source for individuals raising rabbits for consumption. The RHD virus is very contagious and easily spread through numerous means including direct contact with infected live or dead rabbits and/or contact with contaminated equipment, tools, hutches, and bedding. The director of agriculture, pursuant to authorities in chapter 16.36 RCW, has determined that the containment of RHD on the above islands is necessary to protect domestic rabbits on the Washington mainland and unaffected islands.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 9, 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.
Date Adopted: September 19, 2019.
Derek I. Sandison
Director
Chapter 16-51 WAC
Quarantine Zones for Rabbit Hemorrhagic Disease
NEW SECTION
WAC 16-51-005Definitions.
"Department" means the Washington state department of agriculture.
"Director" means the director of the Washington state department of agriculture.
"Premises" means any property where rabbits are raised, held, or boarded.
"RHD" means Rabbit Hemorrhagic Disease
"USDA, APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.
NEW SECTION
WAC 16-51-006Necessity of establishing a quarantine zone for RHD—Purpose.
This chapter is authorized by RCW 16.36.040. In July and August 2019, the department confirmed positive diagnoses of Rabbit Hemorrhagic Disease (RHD) found in domestic rabbits and domestic feral rabbits on Orcas Island and San Juan Island in San Juan County within Washington State. A die off and reports of sick and dead rabbits consistent with RHD was also reported on Lopez Island. RHD is an extremely infectious and almost universally fatal viral disease that is not endemic to Washington. It is reportable to the OIE (Office International de Epizooties, also known as the World Health Organization for Animal Health) under WAC 16-70-010.
The establishment of RHD in Washington mainlands would be costly to the rabbit industry and consumers. It is of particular concern due to potential partial loss of livelihood for rabbit breeders, loss of companion animals, loss of animals for 4-H participants and loss of primary protein source for individuals raising rabbits for consumption. The RHD virus is very contagious and easily spread through numerous means including direct contact with infected live or dead rabbits and/or contact with contaminated equipment, tools, hutches, and bedding. The director of agriculture, pursuant to authorities in chapter 16.36 RCW, has determined that the containment of RHD on the above islands is necessary to protect domestic rabbits on the Washington mainland and unaffected islands.
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.
NEW SECTION
WAC 16-51-007Zone 1 under quarantine for RHD.
A quarantine zone is created within Lopez Island. All premises lying within the boundaries of Lopez Island fall under movement restrictions per WAC 16-51-010 and WAC 16-51-011.
NEW SECTION
WAC 16-51-008Zone 2 under quarantine for RHD.
A quarantine zone is created within Orcas Island. All premises lying within the boundaries of Orcas Island fall under movement restrictions per WAC 16-51-010 and WAC 16-51-011.
NEW SECTION
WAC 16-51-009Zone 3 under quarantine for RHD.
A quarantine zone is created within San Juan Island. All premises lying within the boundaries of San Juan Island fall under movement restrictions per WAC 16-51-010 and WAC 16-51-011.
NEW SECTION
WAC 16-51-010Prohibition on moving rabbits from the quarantine zones established for RHD.
Movement of living or dead rabbits out of the quarantine zones listed in sections 16-51-007, 16-51-008, and 16-51-009 is prohibited.
NEW SECTION
WAC 16-51-011Prohibition on moving rabbit products, crates, and rabbit equipment from the quarantine zones established for RHD.
Movement of rabbit products, crates, and rabbit equipment out of the quarantine zones listed in sections 16-51-007, 16-51-008, and 16-51-009 is prohibited.
NEW SECTION
WAC 16-51-012Disposal of dead rabbits originating within the quarantine zones.
Dead rabbits may only be disposed of by burial or landfill in accordance with WAC 16-25-025(1) and WAC 16-25-025(5).  
(1) Burial.
(a) A carcass may be disposed of by burial on the property where the livestock animal died if done with the approval of the property owner.
(b) A carcass must be buried to a depth so that no part of the carcass is nearer than three feet to the natural surface of the ground. Every part of the carcass must be covered with at least three feet of soil within twenty-four hours of placement in the ground.
(c) Carcass burial must be:
(i) At least three hundred feet from any well, spring, or body of surface water, such as a river, stream, lake, pond, or intermittent stream;
(ii) At least three hundred feet from any residence not owned by the owner of the livestock animal;
(iii) At least fifty feet from any property line between parcels under different ownership; and
(iv) Not in a low-lying area subject to seasonal flooding or within a hundred-year flood plain or in a manner that will impact groundwater.
(d) Each burial site is limited to one thousand pounds of carcasses or one livestock animal weighing more than one thousand pounds.
(e) Carcass burial is not allowed on a property of less than five acres, except for the burial of a single carcass weighing less than two hundred pounds. The maximum amount of land used for burial during any year is limited to ten percent of the property or one acre, whichever is greater.
(2) Landfill. Carcasses may be disposed of at a privately or publicly owned landfill with prior approval of the local health officer and the landfill operator, and permitted in accordance with chapter 70.95 RCW and chapters 173-350 and 173-351 WAC.
Reviser's note: The unnecessary underscoring 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.
NEW SECTION
WAC 16-51-013Special permits—Quarantine zone.
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 RHD.