AH

WSR 97-09-098

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[Filed April 23, 1997, 11:10 a.m.]

Date of Adoption: April 23, 1997.

Purpose: To update and modify the state's rules relating to apple maggot and plum curculio quarantine and to ensure that, before plant health quarantine action is taken which could result in grave economic consequences to the state's tree fruit industry, it is determined that there is an established, reproducing apple maggot or plum curculio population present.

Citation of Existing Rules Affected by this Order: Amending WAC 16-470-100.

Statutory Authority for Adoption: RCW 17.24.041.

Adopted under notice filed as WSR 97-04-089 on February 5, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 1, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

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

April 23, 1997

Jim Jesernig

Director

AMENDATORY SECTION (Amending Order 2071, filed 1/23/91, effective 2/23/91 WAC 16-470-100 Quarantine--Apple maggot and plum curculio--Area under order. (1) The following areas are declared by the director to be under quarantine for apple maggot:

(a) Exterior quarantine. All states or foreign countries where apple maggot is ((known to occur)) established, including but not limited to the states of North Dakota, South Dakota, Nebraska, Oklahoma, and Texas, and all states east thereof including the District of Columbia, and the states of Idaho, Oregon, Utah, and California, and any other areas where apple maggot is ((detected)) established.

(b) Interior quarantine. The entire counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Klickitat, Lewis, Mason, Pacific, Pierce, Snohomish, Spokane, Skamania, Thurston and Wahkiakum, and any other counties where apple maggot is ((detected)) established.

(c) Regional area quarantine. When mutually agreed upon, and formally accepted by the directors of the Washington state department of agriculture and Oregon state department of agriculture the following shall apply: In Oregon state the counties of Wasco and Hood River and in Washington state the counties of Skamania and Klickitat will be considered a single production area. Commercial fruit produced in these counties may move freely throughout this production area unless regulatory measures as prescribed in WAC 16-470-120 are implemented.

(2) The following areas are declared by the director to be under quarantine for plum curculio: Utah, and, in the eastern United States, all states and districts east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas, and any other areas where plum curculio is ((detected)) established.

(3) The following definitions shall apply to WAC 16-470-100 through 16-470-120:

(a) "Apple maggot (Rhagoletis pomonella)" means a dipterous insect belonging to the family Tephritidae which in the larval stage lives within fruit of its host plants with potential for causing extensive damage to fruit of certain crops.

(b) "Established" means present in a country, state, county or other area, multiplying and expected to continue.

(c) "Plum curculio (Conotrachelus nenuphar)" means a coleopterous insect of the family Curculionidae which in the larval stage lives within the fruit of its host plants with potential for causing extensive damage to fruit of certain crops.

(((c))) (d) "Threatened with infestation" means that any life stage of apple maggot or plum curculio has been found within one-half mile of production site including any portion of an orchard outside or beyond the one-half mile boundary if any portion of the orchard is within the one-half mile area.

[Statutory Authority: Chapter 17.24 RCW. 91-03-115 (Order 2071), 16-470-100, filed 1/23/91, effective 2/23/91; 90-24-034 (Order 2064), 16-470-100, filed 11/30/90, effective 12/31/90; 86-07-020 (Order 1881), 16-470-100, filed 3/12/86; 85-15-007 (Order 1862), 16-470-100, filed 7/8/85; 84-10-039 (Order 1822), 16-470-100, filed 5/1/84, effective 7/1/84.]

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