WSR 02-06-131

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 6, 2002, 11:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-20-096.

Title of Rule: Rules relating to longhorned beetle quarantine, WAC 16-470-800 through 16-470-870.

Purpose: To adopt rules to prevent spread of longhorned beetles of the genus Anoplophora and to declare quarantine restrictions in an area of know entry of the citrus longhorned beetle.

Statutory Authority for Adoption: Chapter 17.24 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

Summary: Citrus longhorned beetle and its close relative the Asian longhorned beetle, both of the genus Anoplophora, are exotic, nonnative pests that attack and kill otherwise healthy hardwood trees and that have severe environmental and economic consequences. This proposal would enact quarantine restrictions in the sole area of the state know to have been entered by living citrus longhorned beetles and to restrict human actions such as movement of living beetles or infested wood and living trees, in order to inhibit beetle spread.

Reasons Supporting Proposal: Once established, longhorned beetles are extraordinarily difficult to eliminate. Prevention of population movement while measures are taken to eradicate them is highly desirable when the economic and environmental costs of allowing the beetles to establish are considered.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504, (360) 902-1907; Implementation and Enforcement: Clinton Campbell, 1111 Washington Street, Olympia, WA 98504, (360) 902-2071.

Name of Proponent: Washington State Department of Agriculture, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Citrus longhorned beetle is an exotic pest which has escaped into a wooded area of Tukwila, Washington. It attacks and kills otherwise healthy hardwood trees, and it is extremely difficult to control. If the insect is not eradicated, it will be extremely harmful from both an economic and an environmental standpoint. Left to itself, the beetle is likely to spread slowly, affording time to eradicate it. However, any movement of live hardwood trees or other untreated wood containing concealed beetles presents a significant risk of rapidly spreading them beyond our ability to eradicate them. The proposed rule would establish a quarantine area, restrict the movement of living host species and wood which may be infested with the beetle, mandate destruction or disposal of articles in violation of the quarantine, authorize special permits, and forbid transportation of living beetles of the genus Anoplophora. These measures are anticipated to delay spread of the beetles and to allow their eradication.

Due to the urgent nature of this situation, an emergency rule identical in most respects to this proposal was adopted on November 27, 2001. The only substantive change in this proposal for permanent rule making from the text of the emergency rule is exemption from regulatory restrictions of living potential host plants and hardwood prunings with a maximum diameter of three eighths of an inch.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The analysis completed indicates a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Showalter Middle School Cafeteria, 4628 South 144th Street, Tukwila, WA 98168, on April 10, 2002, at 7:00 p.m.

Assistance for Persons with Disabilities: Contact Jodi Jones by April 3, 2002, TDD (360) 902-1996, or (360) 902-1806.

Submit Written Comments to: Clinton Campbell, Pest Program Manager, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, e-mail ccampbell@agr.wa.gov, fax (360) 902-2094, by April 11, 2002.

Date of Intended Adoption: April 17, 2002.

March 6, 2002

Mary A. Martin Toohey

Assistant Director

LONGHORNED BEETLE QUARANTINE
NEW SECTION
WAC 16-470-800   Establishing quarantine for longhorned beetles of the genus Anoplophora.   Beetles of the genus Anoplophora include the citrus longhorned beetle (Anoplophora chinensis) and the Asian longhorned beetle (Anoplophora glabripennis). There are no species of Anoplophora native to North America. These beetles are serious pests in their native ranges in Asia and are highly invasive species which have entered and may become established in Washington State. The establishment of any species of Anoplophora beetle in Washington would cause reduction in native vegetation and ornamental plants and great economic loss to the forestry, nursery and agricultural industries of the state. The director of agriculture, pursuant to authorities in RCW 17.24 and RCW 15.13, has determined that the regulation and exclusion of all life stages of beetles of the genus Anoplophora and of any potentially infested host material is necessary to protect the environmental quality, forests and agricultural crops of the state of Washington.

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NEW SECTION
WAC 16-470-810   Prohibiting possession, transportation or distribution of living beetles of the genus Anoplophora.   Possession of any living life stage of any beetle of the genus Anoplophora, including but not limited to citrus longhorned beetle (Anoplophora chinensis) and Asian longhorned beetle (Anoplophora glabripennis), is prohibited. Transportation or distribution of any living life stage of any beetle of the genus Anoplophora into or between points within the state of Washington is prohibited. Any Anoplophora beetle eggs, larvae, pupae, or adults should be killed at the site of discovery. Trained employees of the department are available to assist the public in identifying Anoplophora beetle life stages and can be reached at toll-free telephone number (800) 443-6684 or email pestprogram@agr.wa.gov.

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NEW SECTION
WAC 16-470-820   What is the area under quarantine for citrus longhorned beetle?   The boundaries of the area under order are within the City of Tukwila in King County. The area under order consists of all properties lying primarily within a circle with a radius of a half mile, centered at the property immediately southwest of the intersection of Macadam Rd. S. and S. 144th St. Any property on the border of the circle, which lies at least 50% outside the circle, is excluded from the area under quarantine for citrus longhorned beetle. A map of the area under quarantine can be obtained through a request to the department at toll-free number (800) 443-6684 or email pestprogram@agr.wa.gov.

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NEW SECTION
WAC 16-470-830   Prohibition on moving living plants from the area under quarantine for citrus longhorned beetle.   (1) All species of the following genera of plants are declared to be potential host plants for citrus longhorned beetle:

(a) Acer (maple)

(b) Albizzia (silk tree)

(c) Alnus (alder)

(d) Betula (birch)

(e) Camellia

(f) Carya (hickory, pecan)

(g) Castanea (chestnut)

(h) Citrus (orange, lemon)

(i) Cryptomeria (Japanese cedar)

(j) Elaeagnus (wild olive)

(k) Fagus (beech)

(l) Ficus (fig)

(m) Fraxinus (ash)

(n) Hibiscus (rose of sharon, mallow)

(o) Ilex (holly)

(p) Juglans (walnut)

(q) Lindera (spicebush)

(r) Maackia (amur)

(s) Malus (apple, crabapple)

(t) Morus (mulberry)

(u) Photinia

(v) Platanus (sycamore, plane tree)

(w) Populus (poplar; aspen, cottonwood)

(x) Prunus (cherry, peach, apricot, plum)

(y) Pyracantha (firethorn)

(z) Pyrus (pear)

(aa) Quercus (oak)

(bb) Rhus (sumac)

(cc) Robinia (locust)

(dd) Rosa (rose)

(ee) Rubus (blackberry, raspberry)

(ff) Salix (willow)

(gg) Sophora (pagoda tree)

(hh) Stransvaesia

(ii) Styrax (snowbell tree)

(jj) Ulmus (elm)

(2) The following species are declared to be potential host plants for citrus longhorned beetle:

(a) Eriobotrya japonicus

(b) Fortunella marginata

(c) Poncirus trifoliata

(3) Movement of living potential host plants with a diameter of greater than three-eighths of an inch at soil level from the area under quarantine for citrus longhorned beetle to outside the area is prohibited, unless a permit has been issued by the department pursuant to WAC 16-470-870 below.

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NEW SECTION
WAC 16-470-840   Prohibition on moving wood and prunings from the area under quarantine for citrus longhorned beetle.   (1) The following articles are declared to be potential host material for citrus longhorned beetle, and their movement or transportation from the area under quarantine is prohibited:

(a) untreated hardwood grown within the area under quarantine

(b) firewood from hardwood species

(c) deadwood, stumps, tree trunks and similar portions of trees from hardwood species

(d) hardwood prunings with diameter of greater than three-eighths inch

(2) Materials that are not restricted by this section include:

(a) lumber not grown in the area under quarantine

(b) softwood (that is, wood from coniferous plants such as pine or Douglas fir)

(c) fruit

(d) nuts

(e) leaves

(f) wreaths

(g) finished wood products such as furniture

(h) hardwood prunings and debris with a maximum diameter of three-eighths of an inch, and

(i) wood chipped to a maximum size of five-eighths of an inch

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NEW SECTION
WAC 16-470-850   Exemption for articles in transit.   Articles declared in WAC 16-470-830 and WAC 16-470-840 to be potential host material for citrus longhorned beetle are exempt from the requirements of WAC 16-470-820 through WAC 16-470-870 if all the following conditions are met:

(1) The articles originate outside the quarantine area for citrus longhorned beetle,

(2) They enter the quarantine area for citrus longhorned beetle as an incidental portion of transportation to a location outside the quarantine area, and

(3) They are not unloaded or parked overnight within the quarantine area for citrus longhorned beetle.

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NEW SECTION
WAC 16-470-860   Disposal of articles regulated under longhorned beetle quarantine.   Any regulated articles that are in violation of this longhorned beetle quarantine are subject to destruction or other disposition in a manner prescribed by the department.

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NEW SECTION
WAC 16-470-870   Special permits - longhorned beetle.   The department may issue special permits for actions otherwise forbidden under provisions of WAC 16-470-800 through WAC 16-470-860. These special permits shall be conditioned to minimize the risk of spreading longhorned beetle.

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Washington State Code Reviser's Office