WSR 02-02-013

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-281 -- Filed December 21, 2001, 10:00 a.m. ]

Date of Adoption: December 8, 2001.

Purpose: Amend aquaculture disease control rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-77-010, 220-77-020, 220-77-030, 220-77-070, and 220-77-080.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 01-21-129 on October 24, 2001.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-77-020 (20)(a)(i) insert "necrosis" after "hematopoietic," WAC 220-77-095, insert "fishfish [finfish]" after "access to all," and WAC 220-77-082, insert "finfish" before "aquatic farmer" in three places.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 5, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

December 19, 2001

Debbie Nelson

for Russ Cahill, Chair

Fish and Wildlife Commission

OTS-4420.4


AMENDATORY SECTION(Amending Order 87-20, filed 3/27/87)

WAC 220-77-010   Intent.   The intent of this chapter is to establish rules ((to protect the)) that promote the health, productivity and well-being of aquaculture ((industry)) products and the wild stock fisheries ((from a loss of productivity due to aquatic diseases or maladies)). These rules will identify the conditions that will be required for transfer and importation of live aquaculture products and the circumstances when action will be taken to control disease. These rules have been developed jointly by the department and the department of agriculture.

[Statutory Authority: RCW 75.58.010. 87-08-033 (Order 87-20), 220-77-010, filed 3/27/87.]


AMENDATORY SECTION(Amending Order 97-56, filed 4/2/97, effective 5/3/97)

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 the aquaculture product, or other shellfish or finfish, or on or within the water or substrate associated with the aquaculture product, shellfish, or finfish, 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 that do not discharge to the water of the state, indigenous marine baitfish, or mosquito fish.

(4) "Shellfish" is defined as all 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 Chlorophyta, 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.

(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 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 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.

(17) "Authorized finfish inspector" shall be defined as the individual who conducts or supervises testing in an authorized laboratory and attests to the results obtained. This individual signs/cosigns inspection and diagnostic reports and health certificates. The director shall maintain and provide upon request a roster of authorized finfish inspectors. An authorized finfish inspector shall be currently recognized by one of the following entities: The American Fisheries Society, Fish Health Section (either as Fish Health Inspector or Fish Pathologist); United States Fish and Wildlife Service, Title 50 Inspector; Canadian Department of Fisheries and Oceans, Fish Health Official or Inspector; Supervising veterinarian in a laboratory accredited by the American Association of Veterinary Laboratory Diagnosticians (AAVLD).

(18) "Laboratory inspection report" is defined as the written results of testing conducted by an authorized finfish inspector.

(19) "Lot of fish" shall be defined as a group of fish of the same species and age that originated from the same spawning stock and share a common water supply.

(20) "Regulated finfish pathogens" are defined as the following pathogens which, upon initial detection within Washington state, or detection from a site within Washington state that has been pathogen-free for three or more years, require notification within one working day to the fish health unit of the department, who will, in turn, notify the state veterinarian of the detection:

(a) Viruses:

(i) Infectious hematopoietic necrosis virus;

(ii) Infectious pancreatic necrosis virus;

(iii) Viral hemorrhagic septicemia virus;

(iv) Oncorhynchus masou virus; and

(v) Infectious salmon anemia virus.

(b) Parasite: Myxobolus cerebralis.

[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), 220-77-020, filed 4/2/97, effective 5/3/97. Statutory Authority: RCW 75.58.010. 87-08-033 (Order 87-20), 220-77-020, filed 3/27/87.]

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.
AMENDATORY SECTION(Amending Order 87-20, filed 3/27/87)

WAC 220-77-030   Finfish aquaculture disease control.   (1) It is unlawful for any person to import into or transport within the state of Washington finfish aquaculture products without first having obtained a permit to do so issued by the department. A copy of the transport permit shall accompany the finfish aquaculture products at all times within the state of Washington, and must be presented upon request to authorized department employees.

(2) The director may impose ((permit)) conditions on a transport permit as necessary to ensure the protection of aquaculture products and native finfish from disease when the director concludes that there is a reasonable risk of disease transmission associated with the finfish aquaculture products.

(3) Upon ((confirmed diagnosis)) the initial detection of ((viral hemorrhagic septicemia, or confirmed diagnosis of whirling disease, infectious hematopoietic necrosis, or infectious pancreatic necrosis in a previously uninfected lot)) a regulated pathogen, the department's fish health unit must be notified by the end of the following working day after diagnosis ((by an accredited pathologist)) is made. The department will confirm or deny the presence of the regulated pathogen. Pending confirmation the department may take action under WAC 220-77-070 (1)(a) or (b).

(4) The director will issue, upon request, ((a pamphlet containing policy guidelines for importers and transferors of finfish aquaculture products)) copies of the rules and policies dealing with finfish disease control.

(5) The director will issue or deny a transport permit within thirty days after a completed application containing all requested information is received by the department's fish health unit.

(6) Violation of these rules or the conditions of the transport permit may result in the suspension or revocation of the permit.

(7) In the event of denial, suspension, or revocation of ((an importation or transfer)) a transport permit, the affected person may appeal the decision to the director. The department will advise the person of the appeals process. Additional appeals may be made through the Administrative Procedure Act (chapter 34.04 RCW). A suspended or revoked transport permit will remain suspended or revoked during the appellate process.

(8) Any person desiring to conduct in vivo research using a regulated finfish pathogen is required to first obtain permission in writing from the department prior to beginning the research.

[Statutory Authority: RCW 75.58.010. 87-08-033 (Order 87-20), 220-77-030, filed 3/27/87.]


AMENDATORY SECTION(Amending Order 87-20, filed 3/27/87)

WAC 220-77-070   Aquaculture disease control -- Emergency provisions.   (1) The director may take the following emergency enforcement actions when evidence indicates these actions are necessary to protect aquaculture products and native stocks from disease ((or)) causing severe mortality ((from an unexplained source)):

(a) Deny issuance of an ((import or transfer)) transport permit.

(b) Quarantine the aquaculture products.

(c) Confiscate or order the destruction of the aquaculture products.

(d) Require removal of the aquaculture product from state waters.

(2) ((Confiscation or destruction will be ordered without a hearing if confirmed diagnosis by an accredited pathologist is made that finfish aquaculture products are infected with the causative agent of viral hemorrhagic septicemia (Egtved virus).

(3))) For finfish, shellfish, amphibian, and marine plant aquaculture products:

(a) ((Isolation)) Quarantine may be ordered without a hearing when aquaculture products are transferred without appropriate inspections or permits or transferred in violation of the conditions of a permit.

(b) ((Isolation)) Quarantine may be ordered without a hearing when evidence demonstrates that aquaculture products, previously imported, may introduce a disease not known to occur in Washington.

(((4))) (3) For finfish aquaculture products, if an epizootic ((of whirling disease, infectious hematopoietic necrosis or infectious pancreatic necrosis may result in)) caused by a regulated finfish pathogen is detected, quarantine((, confiscation, or destruction, subject to the aquatic farmer's right to an emergency departmental)) may be ordered without a hearing((, if confiscation or destruction are ordered)).

(((5))) (4) For shellfish aquaculture products, an outbreak of serious mortality in which contagious disease is suspected may result in quarantine or require removal of the suspected diseased shellfish aquaculture products from state waters, subject to the aquatic farmer's right to an emergency departmental hearing, if removal from state waters is ordered.

(((6))) (5) When there is evidence that continued presence of aquaculture products in state waters may cause disease that would harm other aquaculture products or native fauna or flora, the director may order quarantine, confiscation, destruction, or removal from state waters. Except as provided for in subsection((s (2) and)) (3) of this section, the aquatic farmer has a right to a departmental hearing. In the event the director has ordered emergency action of confiscation, destruction, or removal from state waters, the director shall give notice to the affected aquatic farmer. At the time of notice of emergency action, the affected aquatic farmer may request an emergency departmental hearing. If requested, the hearing will take place no later than the third working day after notice is received by the aquatic farmer. The hearing will be presided over by a hearing officer appointed by the director, who will consider the severity of the disease outbreak, remedies, and alternate courses of action. The hearing officer shall present a recommendation to the director. The director will then review the emergency action and, if appropriate, order confiscation, destruction, or removal from state waters. If so ordered, the emergency action will take place no sooner ((that)) than forty-eight hours after service of the order. If no request for an emergency departmental hearing is received, the emergency action of confiscation, destruction, or removal from state waters, may take place immediately after the third working day after the notice is ((received by)) served on the aquatic farmer.

(((7))) (6) If the department refuses to issue ((an import or transfer)) a transport permit, or orders quarantine or isolation of aquaculture products, the aquatic farmer has a right to a hearing under the Administrative Procedure Act (chapter 34.04 RCW).

[Statutory Authority: RCW 75.58.010. 87-08-033 (Order 87-20), 220-77-070, filed 3/27/87.]


AMENDATORY SECTION(Amending Order 89-06, filed 2/24/89)

WAC 220-77-080   Aquaculture fee schedule.   (1) The following is a list of the charges to be assessed for tissue samples submitted to the department for pathogen examination, miscellaneous charges, and the finfish transport permit issuance fee. All samples for stock certification must be collected by department personnel or individuals approved by the department.

Virology

Kidney/spleen or other tissue

Ovarian fluid

$((15)) 25/sample

((12)) 20/sample

Bacteriology

Bacterial Kidney Disease

- FAT

Culture and characterization

Gram stain

$ 7/((slide)) sample

10/sample

1/sample

Parasitology

C. shasta

M. cerebralis

$ 1/fish

((1.50)) $4.00/fish (0-30 grams) ((2.00)) $5.00/fish (30-100 grams)

((10.00)) $15.00/fish (>100 grams)

Collection Fees

Collecting samples (includes travel time)

Mileage

Per diem (if applicable)

$((27)) 35/hour

at published OFM rates

at published OFM rates

Diagnostic Service

Diagnostic services (includes travel time)

Mileage

Per diem (if applicable)

$((27)) 35/hour

at published OFM rates

at published OFM rates

Finfish transport permit $50.00

(2) The funds received from the aquatic farmers who use disease inspection ((and)), other services provided by department personnel, and finfish transport permit revenues shall be placed into a designated account. Funds from the account shall be used solely for administering the disease inspection and control program.

[Statutory Authority: RCW 75.58.010. 89-06-031 (Order 89-06), 220-77-080, filed 2/24/89.]


NEW SECTION
WAC 220-77-081   Aquaculture facility inspection authority.   Authorized department employees shall, at reasonable times and in a reasonable manner, have access to all finfish aquaculture facilities to conduct inspections for the prevention and suppression of aquaculture diseases, including, but not limited to, taking samples for detection of regulated finfish pathogens and other diseases. If the department is denied access, a court of competent jurisdiction may issue a search warrant authorizing access to the facility upon a showing that the facility is engaged in aquaculture production and that access has been denied.

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NEW SECTION
WAC 220-77-082   Recordkeeping.   It is the responsibility of a registered finfish aquatic farmer to maintain records of laboratory inspection reports on the live product of that finfish aquatic farmer issued for the previous twenty-four months. It is the responsibility of a finfish aquatic farmer to maintain records of shipments of all live products to other sites or facilities that occurred during the previous twenty-four months, which shipment reports must contain, at a minimum, the shipping date, species, amount, and name and address of the receiver of the shipment. Laboratory inspection reports and shipping reports must be made available to authorized department employees. Records of a proprietary nature, such as lists and addresses of clients, are not public records and are not available for public inspection.

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Washington State Code Reviser's Office