(1) The director of agriculture and the director shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW
15.85.020. The program shall be administered by the department under rules established under this section. The purpose of the program is to protect the aquaculture industry and wildstock fisheries from a loss of productivity due to aquatic diseases or maladies. As used in this section "diseases" means, in addition to its ordinary meaning, infestations of parasites or pests. The disease program may include, but is not limited to, the following elements:
(a) Disease diagnosis;
(b) Import and transfer requirements;
(c) Provision for certification of stocks;
(d) Classification of diseases by severity;
(e) Provision for treatment of selected high-risk diseases;
(f) Provision for containment and eradication of high-risk diseases;
(g) Provision for destruction of diseased cultured aquatic products;
(h) Provision for quarantine of diseased cultured aquatic products;
(i) Provision for coordination with state and federal agencies;
(j) Provision for development of preventative or control measures;
(k) Provision for cooperative consultation service to aquatic farmers; and
(l) Provision for disease history records.
(2) The commission shall adopt rules implementing this section. However, such rules shall have the prior approval of the director of agriculture and shall provide therein that the director of agriculture has provided such approval. The director of agriculture or the director's designee shall attend the rule-making hearings conducted under chapter
34.05 RCW and shall assist in conducting those hearings. The authorities granted the department by these rules and by RCW
77.12.047(1)(g),
77.60.060,
77.60.080,
77.65.210,
77.115.030, and
77.115.040 constitute the only authorities of the department to regulate private sector cultured aquatic products and aquatic farmers as defined in RCW
15.85.020. Except as provided in subsection (3) of this section, no action may be taken against any person to enforce these rules unless the department has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing.
(3) The rules adopted under this section shall specify the emergency enforcement actions that may be taken by the department, and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing. Neither the provisions of this subsection nor the provisions of subsection (2) of this section shall preclude the department from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules.
(4) A person shall not violate the rules adopted under subsection (2) or (3) of this section or violate RCW
77.115.040.
(5) In administering the program established under this section, the department shall use the services of a pathologist licensed to practice veterinary medicine.
(6) The director in administering the program shall not place constraints on or take enforcement actions in respect to the aquaculture industry that are more rigorous than those placed on the department or other fish-rearing entities.
(7) The department must implement this section consistent with RCW
77.125.050.
