WSR 04-01-202

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed December 24, 2003, 10:59 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-20-119.

Title of Rule: Chapter 16-470 WAC, Quarantine -- Agricultural pests, this proposal amends the current quarantine rules by establishing a quarantine for apple maggot in a major portion of Kittitas County. An effective date of August 16, 2004, is proposed.

Purpose: This rule is implemented to regulate and/or exclude fresh fruits grown or originating from areas infested with apple maggot or plum curculio to protect the environmental quality and agricultural crops of the state.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

Summary: The apple maggot is an insect native to Eastern North America. Its hosts include apples, crabapple, and native hawthorn. In its larval development stage it can cause extensive damage to fruit. Surveys for apple maggot have been conducted annually by the Washington State Department of Agriculture (WSDA) since 1980. During the 2003 summer trapping program, WSDA caught twenty-six apple maggots at twenty-five sites in or near Ellensburg. Consistent with 2003 recommendations of the apple maggot working group, this proposal adds a major portion of Kittitas County to the existing apple maggot quarantine area. The remaining portion of the county is not proposed for addition to the quarantine area, as it is geographically and biologically isolated from potential infestation.

Reasons Supporting Proposal: Failure to take regulatory action by amending the current apple maggot quarantine would jeopardize foreign and domestic markets.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Brad White, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2071.

Name of Proponent: Apple Maggot Working Group, public.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule is intended to protect the commercial tree fruit industry from an economically significant pest by establishing quarantine areas and criteria. Preventing apple maggot establishment and specifying criteria for regulatory action are necessary to allow movement of Washington fruit into other states and internationally. This proposal adds a major portion of Kittitas County to the existing apple maggot quarantine area. The remaining portion of Kittitas County is not proposed for addition to the quarantine area, as naturally occurring geographic and biological factors (e.g. desert terrain, absence of appropriate host material) make it highly unlikely that apple maggot would spread naturally to this area in the foreseeable future. An effective date of August 16, 2004, would allow for orderly marketing of the major portion of the 2003 Kittitas County crop and give the industry opportunity to implement this rule for the 2004 crop.

Proposal Changes the Following Existing Rules: This proposal changes the existing rule by adding a major portion of Kittitas County to the current list of areas under quarantine for apple maggot.

No small business economic impact statement has been prepared under chapter 19.85 RCW. It does not appear that this change to existing rule will have significant economic impact on the commercial tree fruit industry. However, neglecting to change the existing rule may result in loss of markets and potential exports.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

Hearing Location: Washington Cattlemen's Association, 1301 North Dolarway Road, Main Conference Room, Ellensburg, WA 98926, on January 27, 2004, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Henri Gonzales by January 20, 2004, TDD (360) 902-1996.

Submit Written Comments to: Henri Gonzales, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2094, e-mail hgonzales@agr.wa.gov, by January 27, 2004.

Date of Intended Adoption: February 10, 2004.

December 24, 2003

Mary A. Martin Toohey

Assistant Director

OTS-6833.1


AMENDATORY SECTION(Amending WSR 01-14-075, filed 7/3/01, effective 8/3/01)

WAC 16-470-105   Area under order for apple maggot -- Pest free area -- Quarantine areas.   (1) A pest free area for apple maggot is declared for the following ((counties)) portions of Washington state:

(a) Counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, ((Kittitas,)) Lincoln, Okanogan, Pend Oreille, Stevens, Walla Walla, Whitman, and Yakima.

(b) The portion of Kittitas County designated as follows: Beginning at the northwest corner of Wanapum Dam and Huntzinger Road; south along Huntzinger Road to the Yakima County line; east to the Columbia River; north along the Columbia River to the Wanapum Dam; and west to the point of beginning.

(2) A quarantine for apple maggot is declared for the following ((counties)) portions of Washington state:

(a) Counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Klickitat, Lewis, Mason, Pacific, Pierce, Snohomish, Spokane, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom.

(b) Kittitas County, except for the area designated in subsection (1)(b) of this section.

(3) A quarantine for apple maggot is declared for all states or foreign countries where apple maggot is established. The area under quarantine includes, but is not limited to, the states of Idaho, Oregon, Utah, and California, and, in the eastern United States, all states and districts east of and including North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas, and any other areas where apple maggot is established.

[Statutory Authority: Chapter 17.24 RCW. 01-14-075, 16-470-105, filed 7/3/01, effective 8/3/01.]

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