WSR 97-04-089
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed February 5, 1997, 11:18 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-23-069.
Title of Rule: Rules relating to apple maggot and plum curculio quarantine.
Purpose: To ensure that before quarantine action is taken which could result in grave economic consequences to the industry, it is determined that there is an established, reproducing apple maggot or plum curculio population present.
Statutory Authority for Adoption: RCW 17.24.041.
Statute Being Implemented: RCW 17.24.041.
Summary: Adds Island and Snohomish counties to existing quarantine area and utilizes internationally accepted terminology to specify pest establishment as a regulatory criterion.
Reasons Supporting Proposal: Modifications of existing rule in response to new information.
Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Diane Dolstad, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2071.
Name of Proponent: Apple Maggot Working Group, Mike Willett, Chair, public.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule is intended to protect the commercial tree fruit industry from two economically significant pests (apple maggot and plum curculio) by establishing quarantine areas and criteria. Preventing establishment and specifying criteria for action are necessary to allow movement of Washington fruit into other states and internationally. The proposed changes update the existing rule in response to new information.
Proposal Changes the Following Existing Rules: Allows the Washington State Department of Agriculture to differentiate between the establishment of a reproducing population of the pests apple maggot or plum curculio, and an incidental entry of the pest into an area where it is not established. This clarifies existing language specifying criteria for declaring quarantines. Also adds two counties (Island and Snohomish) in which apple maggot is now clearly established, to the existing interior quarantine area.
No small business economic impact statement has been prepared under chapter 19.85 RCW. It does not appear that this change to existing rule will have significant economic impact on the commercial tree fruit industry. However, neglecting to update the existing rule may result in loss of markets and potential exports.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Washington State Department of Agriculture, 2015 South 1st Street, Conference Room A, Yakima, WA 98903, on March 24, 1997, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Cathy Jensen by March 17, 1997, TDD (360) 902-1996, or (360) 902-1976.
Submit Written Comments to: Mary Toohey, FAX (360) 902-2094, by March 24, 1997.
Date of Intended Adoption: April 23, 1997.
February 5, 1997
Mary A. Martin Toohey
Assistant 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.]