WSR 00-16-050

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed July 26, 2000, 3:32 p.m. ]

Subject of Possible Rule Making: Rules relating to Japanese beetle quarantine in chapter 16-470 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 17.24 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The existing sections of rule pertaining to Japanese beetle were last modified in 1990, before development of the current version of the United States domestic Japanese beetle harmonization plan, a voluntary agreement negotiated among the state plant health regulatory agencies and USDA. The plan eases interstate trade in plant materials and decreases chances of spreading Japanese beetle by creating a consistent framework for individual states' quarantine rules. The rule may be updated to comply more specifically with this plan, to acknowledge changes in industry and program practices, and to acknowledge further spread of the insect to additional states. It should also be modified to clear and readable format.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: USDA APHIS administers federal quarantine rules regarding interstate movement of aircraft from airports in Japanese beetle infested areas and regarding movement of potentially infested commodities internationally. However, USDA does not exercise jurisdiction over interstate movement of potentially infested commodities such as soil or nursery stock or other domestic issues. The rule is intended to complement federal efforts to prevent spread of Japanese beetle. Proposed text will be circulated to cooperating agencies for review.

Process for Developing New Rule: Washington State Department of Agriculture representatives discuss proposed rule changes with affected government agencies and stakeholders and then publish the rule proposal.

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, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094; or Linda Polzin, Pest Program Manager, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2071, fax (360) 902-2094.

July 26, 2000

Mary A. Martin Toohey

Assistant Director

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