WSR 06-20-110

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed October 4, 2006, 9:10 a.m. ]

Title of Rule and Other Identifying Information: Chapter 16-470 WAC, Quarantine -- Agricultural pests, the department is proposing to repeal sections of rule implementing the citrus longhorned beetle quarantine established in parts of Tukwila.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Henri Gonzales, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560 , AND RECEIVED BY December 4, 2006.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal repeals the quarantine provisions for citrus longhorned beetle in effect in parts of Tukwila, established in WAC 16-470-800 through 16-470-870.

Reasons Supporting Proposal: The citrus longhorned beetle is a serious nonnative insect pest that attacks and eventually kills hardwood trees. It is closely related to the Asian longhorned beetle that has caused thousands of trees to be destroyed in New York City and Chicago. In November 2001, as a response to an accidental introduction of a small number of citrus longhorned beetles in nursery stock imported from Korea into a Tukwila nursery, a quarantine was established to help facilitate its eradication and to prevent its spread in Washington. The established quarantine prohibits moving live beetles or any potentially infested plant material out of the quarantine area including certain trees, tree prunings, deadwood, and firewood. Since that time, the department has conducted control and eradication measures and has continued to conduct tree surveys within the quarantine zone. Other than the original introduction, no additional citrus longhorned beetles have been detected as a result of the five-season survey. The survey has demonstrated that the eradication effort appears successful. At this time, there appears to be no need to continue the quarantine, making expedited repeal of its implementation rule appropriate.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dr. Brad White, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2071.

October 4, 2006

Mary A. Martin Toohey

Assistant Director

OTS-9284.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-470-800 Establishing quarantine for longhorned beetles of the genus Anoplophora.
WAC 16-470-810 Prohibiting possession, transportation or distribution of living beetles of the genus Anoplophora.
WAC 16-470-820 What is the area under quarantine for citrus longhorned beetle?
WAC 16-470-830 Prohibition on moving living plants from the area under quarantine for citrus longhorned beetle.
WAC 16-470-840 Prohibition on moving wood and prunings from the area under quarantine for citrus longhorned beetle.
WAC 16-470-850 Exemption for articles in transit.
WAC 16-470-860 Disposal of articles regulated under longhorned beetle quarantine.
WAC 16-470-870 Special permits--Longhorned beetle.

Washington State Code Reviser's Office