WSR 09-18-086

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 1, 2009, 8:16 a.m. , effective October 2, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule making order amends WAC 16-470-105 Area under order for apple maggot -- Pest free area -- Quarantine areas, by modifing [modifying] the apple maggot pest-free area boundary in Kittitas County.

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

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Adopted under notice filed as WSR 09-15-176 on July 22, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: September 1, 2009.

Dan Newhouse

Director

OTS-2568.1


AMENDATORY SECTION(Amending WSR 06-14-004, filed 6/22/06, effective 8/1/06)

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 the county line to the Yakima River; thence northerly along the Yakima River to its confluence with Lmuma Creek; thence easterly along Lmuma Creek to Interstate Highway No. 82; thence southerly along Interstate Highway No. 82 to the Kittitas-Yakima County line; thence east to the Columbia River; thence northerly along the Columbia River to Interstate Highway No. 90; thence westerly along Interstate Highway No. 90 to the point of beginning.

(c) Yakima County, 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) Kittitas County, except for the area designated in subsection (1)(b) 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. 06-14-004, 16-470-105, filed 6/22/06, effective 8/1/06; 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.]

Washington State Code Reviser's Office