WSR 15-04-076

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE

[Filed January 30, 2015, 4:15 p.m., effective January 30, 2015, 4:15 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: In the interest of protecting the commercial poultry industry, small poultry farms and poultry fanciers in Washington state from highly pathogenic avian influenza, movement restrictions were placed on poultry and poultry products in a designated quarantine zone. The boundaries of the quarantine zone incorrectly included Colville tribal land; therefore the department is repealing this rule.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-800-005, 16-800-010, 16-800-015, 16-800-020, 16-800-025, 16-800-030, 16-800-035, 16-800-040, and 16-800-045.

Statutory Authority for Adoption: RCW 16.36.040.

Other Authority: Chapter 34.05 RCW.

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: Boundaries of the quarantine zone incorrectly included Colville tribal land; therefore the department is repealing this rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 9.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 30, 2015.

Mark Streuli

Deputy Director

REPEALER

The following sections of the Washington Administrative Code are repealed:


WAC 16-800-005	Definitions.
WAC 16-800-010	Necessity of establishing a quarantine zone for notifiable avian influenza (NAI)—Purpose.
WAC 16-800-015	Zone under quarantine for NAI.
WAC 16-800-020	Prohibition on moving poultry, eggs, and poultry products, and specified farm products within or from the quarantine zone established for NAI.
WAC 16-800-025	Restrictions on vehicles, poultry equipment, wood crates and poultry products leaving from any premises in the quarantine zone established for NAI.
WAC 16-800-030	Testing living poultry within the quarantine zone.
WAC 16-800-035	Destruction of birds testing positive or exposed to birds testing positive for NAI.
WAC 16-800-040	Disposal of dead poultry originating within the quarantine zone.
WAC 16-800-045	Special permits.