PROPOSED RULES
FISH AND WILDLIFE
Supplemental Notice to WSR 06-19-116.
Title of Rule and Other Identifying Information: WAC 232-12-027 Game farm license provisions.
Hearing Location(s): Comfort Inn and Conference Center, 1620 74th Avenue S.W., Tumwater, WA 98501, on December 8-9, 2006, at 8:00 a.m.
Date of Intended Adoption: December 8-9, 2006.
Submit Written Comments to: Attn: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2162, by November 15, 2006.
Assistance for Persons with Disabilities: Contact Nancy Burkhart by December 4, 2006, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 232-12-027 Game farm license provisions, the proposal establishes an annual avian influenza (AI) testing requirement and an "as needed" disease-testing requirement for licensed game farms. The proposal will affect one rule (WAC 232-12-207) as it is integrated into other game license requirements.
This is a supplemental notice that includes the small business economic impact statement that was not included with the original submission.
Reasons Supporting Proposal: WAC 232-12-027 Game farm license provisions, several changes are taking place in Washington as the agricultural and wildlife communities address the ever-increasing concern about AI. Currently, the Washington department of fish and wildlife (WDFW) is sampling wild shorebirds and waterfowl for AI in an effort to document any introduction of the highly pathogenic form of the virus. WDFW licensed game farms should be part of the overall AI monitoring program as a matter of responsible management and as a matter of wildlife and potential human health.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Name of Proponent: Washington fish and wildlife commission, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2932.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: Licensed veterinarian and certified testing laboratory (usually Washington State University Extension - Puyallup).
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs:
| • | Sample collection by veterinarian: Less than $50.00 in most cases. |
| • | Avian influenza testing: $1.00 per sample - total bill will vary by size of facility. |
5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs: Cost per employee, cost per hour of labor, or cost per $100 of sales: Costs should not exceed $3.00 per $100 of sales (based on 10% sample of 200 birds and each bird selling for $15.00).
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: WDFW is working with the Washington state department of agriculture who has offered to pay for avian influenza testing at WDFW licensed game farms whenever funding is available to do so.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: WDFW sent the proposed rule change to every licensed game farm with an offer to discuss concerns about the change. Ways to reduce impacts to game farms while maintaining adequate testing will be discussed.
8. A List of Industries That Will Be Required to Comply with the Rule: Persons who elect to apply for and maintain a licensed game farm facility (i.e., businesses who raise game birds for sale, trade, or barter).
A copy of the statement may be obtained by contacting Mick Cope, Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2691, fax (360) 902-2162, e-mail copemgc@dfw.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. These are not hydraulics rules.
October 4, 2006
Morris W. Barker
Rules Coordinator