WSR 10-12-125

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed June 2, 2010, 11:35 a.m. ]

Subject of Possible Rule Making: The department is considering amending chapter 16-481 WAC, Grape insect pests, by establishing a quarantine for European grapevine moth. In addition, the department may amend the existing language to increase its clarity and readability and update the language to conform to current industry and regulatory standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 15.13, 17.24, and 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Timely prevention of intrusion into this state of a nonnative, invasive pest species on or in association with horticultural plants and fruit is of grave and immediate concern. The European grapevine moth, a potentially devastating pest that feeds primarily on flowers and berries of grapevines, was first detected in the Napa Valley of California at the end of last year's growing season. This was the first detection of the moth in North America. It has since been detected in several more California counties and appears very likely to spread further, unless strong prevention measures are taken.

Introduction of European grapevine moth into Washington could severely impact grape production and disrupt Washington export markets for many crops, including cherries and red raspberries. For this reason we are considering implementing a quarantine on European grapevine moth.

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. 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, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail mtoohey@agr.wa.gov; or Tom Wessels, Plant Services Program Manager, Plant Protection Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1984, fax (360) 902-2094, e-mail twessels@agr.wa.gov.

June 2, 2010

Mary A. Martin Toohey

Assistant Director

Washington State Code Reviser's Office