WSR 18-21-064
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed October 9, 2018, 5:02 p.m., effective November 9, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Chapter 16-470 WAC, QuarantineAgricultural pests, this rule-making order amends chapter 16-470 WAC by expanding the apple maggot quarantine area to include portions of Okanogan County, specifically within the Methow Valley north of Gold Creek.
Citation of Rules Affected by this Order: Amending WAC 16-470-105.
Statutory Authority for Adoption: RCW 17.24.011 and 17.24.041.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 18-12-111 on June 6, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: October 9, 2018.
Derek I. Sandison
Director
AMENDATORY SECTION(Amending WSR 16-24-027, filed 11/30/16, effective 1/1/17)
WAC 16-470-105Area under order for apple maggotPest free areaQuarantine areas.
(1) A pest free area for apple maggot is declared for the following portions of Washington state:
(a) Counties of Adams, Asotin, Benton, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, ((Okanogan,)) Pend Oreille, Stevens, Walla Walla, and Whitman.
(b) The portion of Kittitas County designated as follows: Beginning at the point where Interstate Highway No. 90 crosses longitude 120°31' W; thence southerly to the Kittitas-Yakima County line; thence easterly along the county line to the Columbia River; thence northerly along the Columbia River to Interstate Highway No. 90; thence westerly along Interstate Highway No. 90 to the point of beginning.
(c) Yakima County, except for the area designated in subsection (2)(c) of this section.
(d) Chelan County, except for the area designated in subsection (2)(d) of this section.
(e) Lincoln County, except for the area designated in subsection (2)(e) of this section.
(f) Okanogan County, except for the area designated in subsection (2)(f) of this section.
(2) A quarantine for apple maggot is declared for the following portions of Washington state:
(a) Counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Klickitat, Lewis, Mason, Pacific, Pierce, Snohomish, Spokane, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom.
(b) Kittitas County, except for the area designated in subsection (1)(b) of this section.
(c) The portion of Yakima County designated as follows: Beginning at the northeastern corner of Yakima County on the west bank of the Columbia River; thence southerly along the Columbia River to the Yakima-Benton County line; thence southerly along the county line to latitude N46°30'; thence west to longitude W120°20'; thence north to latitude N46°30.48'; thence west to longitude W120°25'; thence north to latitude N46°31.47'; thence west to longitude W120°28'; thence north to latitude N46°32'; thence west to longitude W120°36'; thence south to latitude N46°30'; thence west to longitude W120°48'; thence southerly to the Klickitat-Yakima County line; thence westerly along the county line to the Yakima-Skamania County line; thence northerly along the county line to the Lewis-Yakima County line; thence easterly and northerly along the county line to the Pierce-Yakima County line; thence northerly and easterly along the county line to the Kittitas-Yakima County line; thence easterly and southerly along the county line to the west bank of the Columbia River and the point of beginning.
(d) The portion of Chelan County designated as follows: Beginning at the point where the northern boundary of the county crosses longitude W120°43.02' following the longitudinal line due south to the fork of Highway 207 and Chiwawa Loop Road; thence south following the eastern edge of Highway 207 which becomes Beaver Valley Road and then Chumstick Highway; thence southeast along the eastern edge of Highway 2 to the point where the northern ridgeline of Boundary Butte drops to meet Highway 2; thence southerly, following the ridgeline of Boundary Butte gaining in elevation into the Stuart Range to the highest point of McClellan Peak; thence due south from McClellan Peak to the southern boundary of the county; thence following the county line west, then north, and then east to the beginning point.
(e) The portion of Lincoln County designated as follows: Beginning at longitude W118°20'0" on the Lincoln-Adams County line; thence northerly to State Highway Route 28 (SR 28); thence northerly and easterly along SR 28 to latitude N47°37'38.6"; thence easterly to the Lincoln-Spokane County line; thence south to the Lincoln-Whitman County line; thence west along the Lincoln County line to longitude W118°20'0" and the point of beginning.
(f) The portion of Okanogan County designated as follows: Beginning at the northern corner of the Okanogan-Whatcom County line; thence southerly to the Okanogan-Skagit County line; thence southerly and easterly along the Okanogan-Chelan County line; thence easterly to latitude N48°12'05.4"; thence northerly to longitude W119°53'05.9"; and thence westerly along the Okanogan County-Canada border to the beginning point.
(3) A quarantine for apple maggot is declared for all states or foreign countries where apple maggot is established. The area under quarantine includes, but is not limited to, the states of Idaho, Oregon, Utah, and California, and, in the eastern United States, all states and districts east of and including North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas, and any other areas where apple maggot is established.