WSR 06-14-004

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 22, 2006, 8:34 a.m. , effective August 1, 2006 ]


Effective Date of Rule: August 1, 2006.

Purpose: This rule-making order amends the apple maggot and plum curculio quarantine established in chapter 16-470 WAC by:

(1) Expanding the boundaries of the existing area under apple maggot quarantine in Yakima County;

(2) Excluding commercial cherries from commodities regulated for apple maggot; and

(3) Modifying the current language to increase its clarity and readability.

Citation of Existing Rules Affected by this Order: Amending WAC 16-470-101, 16-470-105, and 16-470-111.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Adopted under notice filed as WSR 06-09-095 on April 19, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: June 22, 2006.

Valoria H. Loveland

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.]


AMENDATORY SECTION(Amending WSR 05-09-005, filed 4/7/05, effective 8/15/05)

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 portions of Washington state:

(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 12031' 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 12048' 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 N4630'; thence west to longitude W12020'; thence north to latitude N4630.48'; thence west to longitude W12025'; thence north to latitude N4631.47'; thence west to longitude W12028'; thence north to latitude N4632'; thence west to longitude W12036'; thence south to latitude N4630'; thence west to longitude W12048'; 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.]


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

WAC 16-470-111   What commodities are regulated for apple maggot?   All fresh fruit of apple (including crab apple), cherry (except cherries that are commercial fruit), hawthorn (haw), pear (except pears that are commercial ((pears)) fruit from California, Idaho, Oregon, Utah, and Washington), plum, prune, and quince are regulated under quarantine for apple maggot.

[Statutory Authority: Chapter 17.24 RCW. 01-14-075, 16-470-111, filed 7/3/01, effective 8/3/01.]


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

WAC 16-470-115   Within Washington state, what is required to ship fruit into the pest free area for apple maggot from quarantined ((counties)) areas?   Shipment of regulated commodities, as described in WAC 16-470-111, from an area under quarantine, as described in WAC 16-470-105(2), into the pest free area for apple maggot, as described in WAC 16-470-105(1), is prohibited, unless one of the following conditions is met:

(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.]


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

WAC 16-470-118   Within Washington state, what is required to ship fruit into, within, or through the pest free area for apple maggot from an orchard or production site that is infested or threatened with infestation?   All regulated commodities, as described in WAC 16-470-111, from an orchard or production site that is infested or threatened with infestation by apple maggot must be ((sampled and)) inspected (except graded culls - see subsection (4) of this section) by the department following accepted agency standards.

(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.]

Washington State Code Reviser's Office