WSR 18-07-111

PREPROPOSAL STATEMENT OF INQUIRY

[Filed March 21, 2018, 10:39 a.m.]

Subject of Possible Rule Making: Chapter 16-470 WAC, Quarantine—Agricultural pests, the department is considering expanding the apple maggot quarantine area to include portions of Okanogan County.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.24.011 and 17.24.041, and chapter 34.05 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The apple maggot is an invasive insect pest native to eastern North America. Its hosts include apples, crabapple, and native and ornamental hawthorn. During the larval stage, apple maggot can cause extensive damage to fruit. It is also economically significant to the Washington's apple industry because fruit from the pest-free areas has greater access to international markets. See the pest risk analysis dated April 30, 2016, commissioned by the Washington state department of agriculture (WSDA) https://agr.wa.gov/PlantsInsects/InsectPests/AppleMaggot/docs/FINAL_PRA_30_4_2016_2.pdf.

The department is considering a recommendation by the apple maggot working group to include the Methow Valley north of Gold Creek in Okanogan County as part of the quarantine area. Recent apple maggot surveys provide evidence that the state's apple maggot population has expanded its range into portions of the county. Changes to the existing rule may better protect the apple industry by slowing possible movements of apple maggot from infested areas into the pest-free area, and by securing access to international and interstate markets.

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 including the apple industry, United States Department of Agriculture, Washington State University, county pest boards, public works and all municipalities in the proposed quarantine areas. 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 Brad White, Assistant Director, Plant Protection Division, WSDA, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1907, fax 360-902-2094, TTY 800-833-6388 or 711, email bwhite@agr.wa.gov, web site https://agr.wa.gov/LawsRules/Rulemaking/; or Jim Marra, Pest Program Manager, Plant Protection Division, WSDA, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-2071, fax 360-902-2094, TTY 800-833-6388 or 711, email JMarra@agr.wa.gov, web site https://agr.wa.gov/LawsRules/Rulemaking/.

March 21, 2018

Brad White

Assistant Director