AH
WSR 97-04-090
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed February 5, 1997, 11:20 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-23-068.
Title of Rule: Rules relating to lentil anthracnose quarantine.
Purpose: Prevent introduction of the plant disease anthracnose of lentils to Washington lentil crop.
Statutory Authority for Adoption: RCW 17.241.041.
Statute Being Implemented: RCW 17.241.041.
Summary: Forbids introduction in Washington and/or planting of seed of lentils, peas, Tangier peas, faba beans, vetch or other Vicia crops from areas where the disease is established or could be easily introduced.
Reasons Supporting Proposal: Potential devastating effect of disease establishment on the Washington lentil crop.
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: USDA Dry Pea and Lentil Council -- Tim McGreevy, Administrator; Washington - North Idaho Seed Association; Washington Seed Council; private.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Anthracnose of lentils (caused by the plant pathogen Colletotrichum truncatum) is a potentially devastating disease to the Washington lentil crop. In recent years it has been introduced to mid-Canadian provinces and contiguous lentil-growing areas of the United States, but not to Idaho or Washington. The proposed rules are intended to prevent the spread of the disease into this state, as the pathogen is seed-borne on lentils and soil borne, with potential to be introduced to Washington fields through soil and debris mixed with or adhering to seed of peas, Tangier peas, faba beans, vetch and other Vicia species. It is a companion measure to an existing Idaho state quarantine, as Idaho and Washington lentil-growing areas are contiguous. It will increase the likelihood that the Pacific Northwest can avoid this disease.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Due to industry concerns about introduction of anthracnose, very few shipments of seed lentils, seed peas or other crops named in the proposed text have occurred from the proposed quarantine area in recent years. This rule would not require significant alteration of current behavior. In addition, Washington lentil growers would be severely impacted economically, should anthracnose become established in this state.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Washington Interactive Television (formerly Bryant Elementary), Educational Service District, 4022 East Broadway, Spokane, WA 99202, on March 28, 1997, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Cathy Jensen by March 21, 1997, TDD (360) 902-1996, or (360) 902-1976.
Submit Written Comments to: Mary Toohey, FAX (360) 902-2094, by March 28, 1997.
Date of Intended Adoption: April 23, 1997.
February 5, 1997
Mary A. Martin Toohey
Assistant Director
LENTIL ANTHRACNOSE QUARANTINE
NEW SECTION
WAC 16-473-001 Promulgation--Establishing quarantine. The disease
anthracnose of lentils (caused by the plant pathogen Colletotrichum
truncatum (Schwein)) is potentially devastating to the Washington lentil
crop. The disease has become established in central Canada and
contiguous lentil growing areas of North Dakota and South Dakota, all of
which produce lentil varieties grown in Washington. Anthracnose of
lentils is a seed borne disease. In order to prevent its introduction,
the director, under authority provided in chapter 17.24 RCW, establishes
a quarantine.
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NEW SECTION
WAC 16-473-010 Regulated articles. Regulated articles include all
lentils, peas, Tangier peas, faba beans, vetch, and all other Vicia sp.
used, or intended to be used, as seed.
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NEW SECTION
WAC 16-473-015 Quarantine areas. Quarantine areas are the Canadian
provinces of Manitoba, Saskatchewan, and Alberta, the states of North
Dakota and South Dakota, and any other states and territories of the
United States and foreign countries known to have confirmed presence of
anthracnose of lentils.
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NEW SECTION
WAC 16-473-020 Prohibited acts. The sale, offering to sell,
transporting, disposing of, distributing and/or planting of regulated
articles as defined in WAC 16-473-010 from or originating in the
quarantine area as listed in WAC 16-473-015 is prohibited.
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NEW SECTION
WAC 16-473-025 Permits. The director may allow, by special permit,
the transportation, distribution, disposal of or planting of regulated
articles, listed in WAC 16-473-010. Such permit shall specify terms and
conditions, pursuant to RCW 17.24.041 and 17.24.091. Permits may be
requested from the Washington state department of agriculture, plant
protection program at telephone number (360) 902-2071.
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