WSR 01-20-096

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed October 3, 2001, 10:10 a.m. ]

Subject of Possible Rule Making: Establishment of regulatory mechanisms, including possible quarantine, relating to the citrus longhorned beetle, a nonnative insect pest detected for the first time in Washington state.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 17.24 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Currently there are no rules in place regarding the citrus longhorned beetle in Washington state. Establishment of this pest would cause significant environmental and economic loss to the state. Rule making may be necessary to prevent its establishment.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: USDA APHIS and USDA Forest Service have the authority to regulate pests on a federal level. However, the federal agencies have not exercised their powers with regard to the citrus longhorned beetle, leaving this issue to the state. There is well established precedent for advising and coordinating with USDA on pest quarantine issues. The Washington State Department of Natural Resources has regulatory authority regarding forest resources, which has a direct relationship to any proposed regulatory mechanisms associated with citrus longhorned beetle in forest environments, and DNR will be extensively consulted during this process.

Process for Developing New Rule: Washington State Department of Agriculture representatives discuss proposed rule with affected stakeholders, including the Washington State Nursery and Landscape Association, representatives of the forestry and hardwoods industries, and other affected government agencies and then publish the rule proposal.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Clinton Campbell, PhD, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-2071, fax (360) 902-2094, e-mail Ccampbell@agr.wa.gov; or Mary A. Martin Toohey, Washington State Department of Agriculture, Laboratory Services Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1907, fax (360) 902-2094, e-mail Mtoohey@agr.wa.gov.

October 3, 2001

Mary A. Martin Toohey

Assistant Director

Washington State Code Reviser's Office