WSR 16-08-116 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed April 6, 2016, 7:43 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-01-201.
Title of Rule and Other Identifying Information: WAC 16-470-105 Area under order for apple maggot—Pest free area—Quarantine areas, the agency is proposing to amend the apple maggot quarantine by adding a portion of the northeast area of Lincoln County to the area under quarantine.
Hearing Location(s): Washington State Department of Agriculture, 21 North First Avenue, Conference Room 238, Yakima, WA 98902, on May 12, 2016, at 12:00 p.m.
Date of Intended Adoption: May 26, 2016.
Submit Written Comments to: Henri Gonzales, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, e-mail wsdarulescomments@agr.wa.gov, fax (360) 902-1802, by May 12, 2016.
Assistance for Persons with Disabilities: Contact Deanna Painter by May 5, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to add a portion of the northeast area of Lincoln County to the area under quarantine for apple maggot. Changes to the existing rule may better prevent or minimize possible movement of apple maggot from infested areas into uninfested areas, secure access to international and interstate markets, and protect the commercial tree fruit industry from an economically significant pest by quarantine modification.
Reasons Supporting Proposal: The apple maggot is an invasive insect pest 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. It is economically significant to the Washington apple crop not only due to its ability to cause physical crop damage, but also because fruit from demonstrated apple maggot free areas or locations has greater market access for international shipments.
Data collected from the 2015 apple maggot survey provides evidence that the state's apple maggot population has altered its range. Modification of the existing quarantine is necessary in order to respond to this change.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: James Marra, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-2071.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule imposes no new regulatory requirements and no new costs on any tree fruit producer. This proposed change does not add additional commercial fruit orchards to the hundred plus orchards in the already existing quarantine area. In addition, neglecting to change the existing rule may result in loss of markets and potential exports for the Washington apple crop.
There are no small businesses operating solid waste facilities or solid waste haulers impacted by this proposed rule. The solid waste facilities impacted by the proposed rule are operated by governmental entities. The hauler impacted by the proposed rule is operated by a large commercial company that does not meet the definition of a small business under RCW 19.85.020(3).
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 6, 2016
Brad White
Assistant Director
AMENDATORY SECTION (Amending WSR 12-13-053, filed 6/15/12, effective 7/16/12)
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, 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 the county line 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.
(d) Chelan County, except for the area designated in subsection (2)(d) of this section.
(e) Lincoln County, except for the area designated in subsection (2)(e) 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 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.
(d) The portion of Chelan County designated as follows: Beginning at the point where the northern boundary of the county crosses longitude W120°43.02' following the longitudinal line due south to the fork of Highway 207 and Chiwawa Loop Road; thence south following the eastern edge of Highway 207 which becomes Beaver Valley Road and then Chumstick Highway; thence southeast along the eastern edge of Highway 2 to the point where the northern ridgeline of Boundary Butte drops to meet Highway 2; thence southerly, following the ridgeline of Boundary Butte gaining in elevation into the Stuart Range to the highest point of McClellan Peak; thence due south from McClellan Peak to the southern boundary of the county; thence following the county line west, then north, and then east to the beginning point.
(e) The portion of Lincoln County designated as follows: Beginning at latitude W118°20' on the Lincoln-Adams County line; thence northerly and easterly to State Highway Route 28 (SR 28); thence northerly and easterly along SR 28 to Highway 2; thence easterly to the Lincoln-Spokane County line; thence south to the Lincoln-Whitman County line; thence west along the Lincoln County line to W118°20' 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.
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