PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-20-020.
Title of Rule: Aquaculture disease control rules.
Purpose: Amend aquaculture rules to refine inspection and quarantine procedures.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: WAC 220-77-020, the definitions are amended to reflect that it is discharge into the waters od [of] the state that causes the concern for aquaria fish; definitions are provided for authorized finfish inspector and laboratory inspection report, and a list of regulated finfish pathogens is established. These new definitions are used in the remainder of the rule proposals.
WAC 220-77-030, the procedure for mandatory reporting of regulated pathogens is clarified; including an in vivo research permit requirement and the appeals process is clarified.
WAC 220-77-070, the emergency quarantine provisions are amended for clarification and certainty, and procedural safeguards are established.
WAC 220-77-080, the fee schedule is modified to reflect curet examinations costs, and a fish transport permit fee is established to help defray the costs of the program, as required by chapter 77.115 RCW.
WAC 220-77-095, aquaculture facility inspection authority is clarified. This will allow reasonable inspection of facilities to detect aquaculture diseases.
WAC 220-77-100, a record-keeping requirement is established. The department needs to be able to track the distribution of aquaculture products during the previous twenty-four months, in case an outbreak of disease occurs, or a latent pathogen is discovered.
Reasons Supporting Proposal: See Summary above.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.
Name of Proponent: Washington State Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.
Proposal Changes the Following Existing Rules: Amends aquaculture disease control rules to identify certain high-risk pathogens, establish disease control methods and amend fee schedule.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Professional Services Required by the Rule: Farmers who wish to transport live eggs or fish are required to have health exams of their fish stocks. This is currently required in the existing rule.
3. Costs of Compliance, Costs of Equipment, Labor, Administrative Costs: There are no additional costs except for a $50 fee for processing the fish transport permits. Costs for supplying fish health diagnostic and inspection services provided by WDFW were increased due to inflation. These prices were last modified in 1988. The farmers are directed for their health services to the Washington Animal Disease and Diagnostic Laboratory at WSU.
4. Will Compliance Cost Businesses to Lose Sales or Revenue? No.
5. Comparison of Costs for the 10% of Businesses that are the Largest Businesses Required to Comply with the Proposed Rule: Except for the $50 transport permit fee, there are no additional costs. All the businesses, except for one, are "small" businesses. The cost of these permits will be of little significance to them in relation to the costs they already have for their health maintenance and inspection programs.
6. Steps Taken by the Agency to Reduce Costs of the Rule on Small Businesses: The rule allows for "blanket permits" which are good for a year, providing certain conditions are met. The blanket permit allows multiple transfers from one site for a period of a year for an annual fee of $50.
7. Description of How the Agency will Involve Small Businesses in Rule Development: There exists a "Fish Health Advisory Committee" composed of representatives from the whole finfish aquaculture community. They played an active role in rule development and review. Dr. Mead, state veterinarian from the Washington State Department of Agriculture also sits on this advisory committee.
8. List of Industries Required to Comply with the Rule: All private finfish growers who wish to transport live fish into or within the state of Washington must comply with these rules. These are the same industries who are currently required to comply with chapters 220-76 and 220-77 WAC.
A copy of the statement may be obtained by writing to Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98504-1091, phone (360) 902-2930, fax (360) 902-2942.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA, on February 9-10, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by January 23, 2000 [2001], TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2942, by February 8, 2001.
Date of Intended Adoption: February 9, 2001.
December 21, 2000
Evan Jacoby
Rules Coordinator
OTS-4420.1
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.]
(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 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.]
(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.]
(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) 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.]
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 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 |
$(( (( |
| Bacteriology Bacterial Kidney Disease - FAT Culture and characterization Gram stain |
$ 7/(( 10/sample 1/sample |
| Parasitology C. shasta M. cerebralis |
$ 1/fish (( (( |
| Collection Fees Collecting samples (includes travel time) Mileage Per diem (if applicable) |
$(( at published OFM rates at published OFM rates |
| Diagnostic Service Diagnostic services (includes travel time) Mileage Per diem (if applicable) |
$(( 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.]
[]
[]