WSR 06-06-086

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed March 1, 2006, 10:50 a.m. ]

Subject of Possible Rule Making: Chapter 16-470 WAC, Quarantine -- Agriculture pests, the department is reviewing the apple maggot and plum curculio provisions of its agricultural quarantine rule and may propose to modify conditions and boundaries established in the rule. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 17.24 and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Data collected from the 2005 apple maggot trapping program provides evidence that the state's apple maggot population has altered its range. In addition, new information may support a need to change provisions with regard to industry practices and host species. Changes to the existing rule may better prevent or minimize possible movement of apple maggot and/or plum curculio from infested areas into uninfested area, secure access to international and interstate markets, and protect the commercial tree fruit industry from an economically significant pest by quarantine modification.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders, including the WSDA apple maggot working group. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Mary A. Martin Toohey, Assistant Director, Washington State Department of Agriculture, Plant Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail mtoohey@agr.wa.gov; or Brad White, Pest Program Manager, Washington State Department of Agriculture, Plant Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2071, fax (360) 902-2094, e-mail bwhite@agr.wa.gov.

March 1, 2006

Mary A. Martin Toohey

Assistant Director

Washington State Code Reviser's Office