WSR 05-01-179

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed December 21, 2004, 2:32 p.m. ]

Subject of Possible Rule Making: WAC 16-470-101 through 16-470-130, the department is reviewing its regulations relating to apple maggot and plum curculio, nonnative insect pests potentially affecting tree fruit industries and related crops in all parts of the state. The department may amend the current rule language so that the requirements: (1) Reflect the most recent scientific data about these insects, (2) are easier to read and understand, (3) reflect current industry practices and needs, (4) incorporate current national and international regulatory standards as appropriate, and (5) facilitate compliance.

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: Due to changing international phytosanitary standards, apple maggot population dynamics, and industry practices, it is necessary to reevaluate and update regulations governing permitting and shipping fruit commodities into, out of, and within the state and to review procedures for possible future regulatory actions to deal with apple maggot and plum curculio.

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, particularly membership of a statewide advisory committee, the 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.

December 21, 2004

Mary A. Martin Toohey

Assistant Director

Legislature Code Reviser 

Register

Washington State Code Reviser's Office