EMERGENCY RULES
Date of Adoption: March 15, 2002.
Purpose: Adoption of regulatory mechanisms necessary to prevent citrus longhorned beetle establishment in the state. Currently there are no rules in place specific to the nonnative insect citrus longhorned beetle and closely related species. Establishment and/or spread of this pest would cause significant environmental and economic loss to the state.
Statutory Authority for Adoption: Chapter 17.24 RCW.
Other Authority: Chapter 15.13 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Citrus longhorned beetle is an exotic pest which has escaped into a wooded area of Tukwila, Washington. It attacks and kills otherwise health[y] 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. Such items are commonly dumped or moved at this time of year, and this emergency rule is intended to confine these items to a restricted area.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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 0,
Repealed 0.
Effective Date of Rule:
Immediately.
March 15, 2002
William E. Brookreson
Director
LONGHORNED BEETLE QUARANTINE
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Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
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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Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
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)
(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 one quarter 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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(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) prunings
(2) Lumber not grown in the area under quarantine, softwood (that is, wood from coniferous plants such as pine or Douglas fir), fruit, nuts, leaves, wreaths, finished wood products such as furniture, and wood chipped to a maximum size of five eighths of an inch are excluded from this section.
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(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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