PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-06-086.
Title of Rule and Other Identifying Information: Apple maggot and plum curculio quarantine (WAC 16-470-101 through 16-470-118). This proposal amends the current apple maggot and plum curculio quarantine by:
| • | Expanding the boundaries of the existing area under apple maggot quarantine in Yakima County; |
| • | Excluding commercial cherries from commodities regulated for apple maggot; and |
| • | Modifying the current language to increase its clarity and readability. |
Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Conference Room 238, Yakima, WA 98902, on June 8, 2006, at 11:00 a.m.
Date of Intended Adoption: June 22, 2006.
Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by June 8, 2006.
Assistance for Persons with Disabilities: Contact Henri Gonzales by June 1, 2006, TTY (360) 902-2061.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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. Since 1980, the Washington state department of agriculture (WSDA) has conducted annual surveys for apple maggot. During this past summer (2005) WSDA identified several apple maggots originating from multiple sites in Yakima County. Consistent with the recommendations of the apple maggot working group, this proposal amends WAC 16-470-105 by adding a larger portion of Yakima County to the existing apple maggot quarantine area. In addition, it amends WAC 16-470-111 by excluding commercial cherries from the commodities regulated for apple maggot, and modifies the current language in WAC 16-470-101, 16-470-105, 16-470-111, 16-470-115, and 16-470-118 to increase its clarity, readability, and conformity to current industry practices and standards.
Reasons Supporting Proposal: Amending the current apple maggot quarantine is necessary to protect the environmental quality and agricultural crops of the state. Failure to adopt the proposed amendments would jeopardize foreign and domestic markets for Washington apples.
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 with the support of the apple maggot working group, governmental.
Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and enforcement: Dr. Brad White, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2071.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. Analysis of the economic impact of the proposed rule amendments indicates that the amendments will not have a more than minor impact on the regulated industry; therefore, an SBEIS has not been prepared. However, neglecting to amend the current rule as proposed may result in loss of markets and potential exports, which would have a more than minor economic impact on the Washington state commercial tree fruit industry.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).
April 19, 2006
Mary A. Martin Toohey
Assistant Director
OTS-8786.2
AMENDATORY SECTION(Amending WSR 01-14-075, filed 7/3/01,
effective 8/3/01)
WAC 16-470-101
Establishing quarantine for apple maggot
and plum curculio.
Apple maggot (Rhagoletis pomonella) and
plum curculio (Conotrachelus nenuphar) are insects with a
larval (worm) stage that develops within fruit. These insects
are capable of attacking many fruit crops grown in Washington.
Apple maggot is not established in significant portions of
the major fruit production areas east of the Cascade
Mountains, and plum curculio is not established anywhere in
the state. An increased range for either insect would cause
decreased environmental quality and economic loss to the
agricultural industries of the state by increasing production
inputs and jeopardizing foreign and domestic markets. The
director of agriculture, pursuant to chapter 17.24 RCW, has
determined that the regulation and/or exclusion of fresh
fruits grown or originating from areas infested with apple
maggot or plum curculio is necessary to protect the
environmental quality and agricultural crops of the state.
[Statutory Authority: Chapter 17.24 RCW. 01-14-075, § 16-470-101, filed 7/3/01, effective 8/3/01.]
(a) Counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Lincoln, Okanogan, Pend Oreille, Stevens, Walla Walla, and Whitman.
(b) The portion of Kittitas County designated as follows:
Beginning at the point where Interstate Highway No. 90 crosses
longitude 120°31' W; thence southerly to the Kittitas - Yakima
County line; thence easterly along ((said)) the county line to
the Columbia River; thence northerly along ((said)) the
Columbia River to Interstate Highway No. 90; thence westerly
along Interstate Highway No. 90 to the point of beginning.
(c) ((The portions of)) Yakima County ((east of longitude
120°48' W)), except for the area designated in subsection
(2)(c) of this section.
(2) A quarantine for apple maggot is declared for the following 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) ((The counties of)) Kittitas ((and Yakima)) County,
except for the area((s)) designated in subsection (1)(b) ((and
(c))) of this section.
(c) The portion of Yakima County designated as follows: Beginning at the northeastern corner of Yakima County on the west bank of the Columbia River; thence southerly along the Columbia River to the Yakima-Benton County line; thence southerly along the county line to latitude N46°30'; thence west to longitude W120°20'; thence north to latitude N46°30.48'; thence west to longitude W120°25'; thence north to latitude N46°31.47'; thence west to longitude W120°28'; thence north to latitude N46°32'; thence west to longitude W120°36'; thence south to latitude N46°30'; thence west to longitude W120°48'; thence southerly to the Klickitat-Yakima County line; thence westerly along the county line to the Yakima-Skamania County line; thence northerly along the county line to the Lewis-Yakima County line; thence easterly and northerly along the county line to the Pierce-Yakima County line; thence northerly and easterly along the county line to the Kittitas-Yakima County line; thence easterly and southerly along the county line to the west bank of the Columbia River and the point of beginning.
(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: Chapters 17.24 and 34.05 RCW. 05-09-005, § 16-470-105, filed 4/7/05, effective 8/15/05; 04-09-027, § 16-470-105, filed 4/13/04, effective 8/16/04. Statutory Authority: Chapter 17.24 RCW. 01-14-075, § 16-470-105, filed 7/3/01, effective 8/3/01.]
[Statutory Authority: Chapter 17.24 RCW. 01-14-075, § 16-470-111, filed 7/3/01, effective 8/3/01.]
(1) The shipment is accompanied by a permit for movement of fruit issued by the department verifying one of the following:
(a) The fruit came from orchards and production sites that are not threatened with infestation; or
(b) The fruit has completed treatment as specified in WAC 16-470-118(3). If records of treatment verifying compliance with conditions specified in WAC 16-470-118(3) are made available to the department, no reinspection is required by the department.
(2) The shipment is accompanied by a permit issued by the department in fulfillment of WAC 16-470-118 (2) and (3), which specifies conditions for shipment from orchards and production sites that are infested or threatened with infestation.
[Statutory Authority: Chapter 17.24 RCW. 01-14-075, § 16-470-115, filed 7/3/01, effective 8/3/01.]
(1) If regulated commodities are inspected and found free of apple maggot, the shipment must be accompanied by a permit for movement of fruit issued by the department.
(2) If regulated commodities are found to be infested with apple maggot, a permit from the department, which specifies conditions for handling and shipment, is required to transport the fruit within or through the pest free area. No permit may be issued under this subsection for transportation of regulated commodities found to be infested with apple maggot into the pest free area for apple maggot.
(3) If regulated commodities are found to be infested with apple maggot, one or more of the following treatments must be performed and verified by the department as specified in WAC 16-470-115 (1)(b) before the commodity is moved from area(s) designated or quarantined by the department:
(a) Apples (including crab apples) cold treated as specified in WAC 16-470-113 (1)(a).
(b) Regulated commodities cold treated as specified in WAC 16-470-113 (1)(b).
(c) Other methods as prescribed in writing by the department.
(4) If the shipment contains graded culls, it must comply with the conditions specified in WAC 16-470-113 (1)(a) and (b).
[Statutory Authority: Chapter 17.24 RCW. 01-14-075, § 16-470-118, filed 7/3/01, effective 8/3/01.]