PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-16-050.
Title of Rule: Rules relating to Japanese beetle quarantine in chapter 16-470 WAC.
Purpose: To amend existing rules to bring them into full compliance with the United States National Japanese Beetle Harmonization Plan, to reflect changes in industry and program practices, to comply with regulatory reform and use of clear and readable format.
Statutory Authority for Adoption: Chapter 17.24 RCW.
Statute Being Implemented: Chapter 17.24 RCW.
Summary: The existing rule excludes and minimizes the possibility of establishment of the highly invasive insect pest Japanese beetle, which does not occur in Washington at this time. The proposed changes would bring the Washington rule into consistency with other states' rules and reflect current scientific knowledge and regulatory terminology and practice.
Reasons Supporting Proposal: The existing rule was adopted in 1990, before the most recent versions of the National Plant Board United States Japanese Beetle Harmonization Plan, a voluntary agreement between the states to unify and make consistent their rules regarding this pest. These changes would bring the rule into compliance with this plan and clarify industry and program practices. It would also convert the rule to clear and readable text.
Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation: Clinton Campbell, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2071; and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.
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: The existing rule excludes through quarantine measures a highly invasive, nonnative insect pest of a huge variety of vegetation in many states. Japanese beetle does not occur in Washington (or other west coast states) at this time, due at least in part to aggressive eradication efforts in other states and a widespread long term federal and state quarantine effort. If the pest were to become established, the nursery industry would be particularly affected, but many floricultural, forestry and food crops would become more difficult to grow profitably. In addition, interstate and international export markets would be inhibited or closed for Washington growers as uninfested jurisdictions move to protect themselves against introductions. The Washington State Department of Agriculture has been strongly advised to continue this rule and to update it to reflect the national harmonization plan, clear and readable format, and current industry and program practices.
Proposal Changes the Following Existing Rules: The proposal makes the Washington rule consistent with Japanese beetle quarantine rules of other states, a measure supported by national industries such as nursery producers, as it increases the predictability and reduces costs of shipping interstate. Specifically, it adds eight states to the list of infested areas (that is, areas under quarantine), adds the level of infestation of neighboring counties to the criteria for evaluating whether a county of origin should be exempted by permit from certain restrictions, adds a working definition of the term "free from soil," and acknowledges the National Plant Board United States Domestic Japanese Beetle Harmonization Plan Appendix 1 as a list of acceptable treatment protocols for shipping. The revised rule complements federal rules dealing with interstate air transportation of the pest. In addition, several obsolete definitions and an obsolete penalty clause are repealed, and language and structure throughout the rule is clarified and made more clear and readable.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The existing rule serves to exclude a nonnative, highly invasive insect pest which is potentially extremely costly to the environmental quality and agricultural industry of the state. Establishment of Japanese beetle would be particularly devastating to the nursery industry, as it would not only cause losses of plants and increased costs of production, but it would also serve to inhibit or close market opportunities in uninfested states and nations. The economic benefits of maintaining the quarantine are overwhelming.
The proposed rule changes will have a net neutral or beneficial effect on affected parties in this state. Closer concurrence with the National Plant Board Domestic Japanese Beetle Harmonization Plan will result in greater predictability and fewer costs for the industry, by creating a consistent interstate regulatory scheme. Updating of the scientific information and program practices to reflect current knowledge will maintain the usefulness of the rule and its benefits. Conversion to clear and readable format makes compliance easier.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.
Hearing Location: Washington State Department of Agriculture, 1111 Washington Street, 2nd Floor, Room 271, Olympia, WA 98504-2560, on November 14, 2000, at 11:00 a.m.
Assistance for Persons with Disabilities: Contact Lou Jones by November 7, 2000, TDD (360) 902-1996, or (360) 902-1806.
Submit Written Comments to: Mary Toohey, Assistant Director, Laboratory Services Division, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, e-mail mtoohey@agr.wa.gov, fax (360) 902-2094, by November 14, 2000.
Date of Intended Adoption: November 21, 2000.
October 3, 2000
Mary A. Martin Toohey
Assistant Director
OTS-4430.1
AMENDATORY SECTION(Amending Order 1978, filed 7/25/88)
WAC 16-470-010
Definitions.
The definitions set forth in this section shall apply throughout this chapter, unless the context otherwise requires:
(1) "Director" means the director of agriculture of this state, or a duly authorized representative.
(2) "Department" means the Washington state department of agriculture.
(3) "Interior quarantine" means a quarantine within the state of Washington established against the movement of designated plant pests, life stages, their hosts, and possible carriers from areas identified by the Washington state department of agriculture.
(4) "Exterior quarantine" means a quarantine established against the movement into Washington state of designated plant pests, life stages, their hosts, and possible carriers from areas identified by the Washington state department of agriculture.
(5) "Commercial orchard" means an orchard in which fruit is grown for commercial purposes and with the use of approved and accepted integrated pest management programs pursuant to statutes, guidelines or rules approved by the agricultural extension service or regulatory officials of the state of origin.
(6) "Commercial fruit" means fruit that is:
(a) Grown in a commercial orchard and commercially packed and labeled;
(b) Fruit grown in a commercial orchard and destined to a commercial processing plant or packing plant.
(7) (("Honey bee" means bees of the species Apis mellifera.
(8) "Colony" means any natural group of bees having a queen.
(9) "Hive" means any receptacle or container made or prepared for the use of bees, including movable frames, combs, or substances deposited into the hive by bees.
(10) "Queen" means the fertile female honey bee, singly, in a shipping cage with attendant honey bees or in plurality with other queens in a shipping cage having common honey bee attendants.
(11) "Nuclei" means a shipping container or hive having five or less combs of bees and a queen.
(12) "Package" means a combless shipping container of bees with or without a queen.
(13) "Apiarist" means any person who owns bees or is a keeper of bees.
(14) "Net(s)" means fabricated material which is designed and utilized to prevent the escape of bees from bee colonies or hives during transit.)) "Phytosanitary certificate" means a certificate issued by a government agency under authority of state or federal statute, which declares or establishes the pest status of a shipment of plants or plant parts under accepted inspection or sampling procedures. Phytosanitary certificates are patterned after model certificates of the International Pest Protection Convention.
[Statutory Authority: Chapters 15.60 and 17.24 RCW. 88-16-016 (Order 1978), § 16-470-010, filed 7/25/88. Statutory Authority: Chapter 17.24 RCW. 86-07-020 (Order 1881), § 16-470-010, filed 3/12/86; 85-15-006 (Order 1861), § 16-470-010, filed 7/8/85; 84-10-039 (Order 1822), § 16-470-010, filed 5/1/84, effective 7/1/84.]
A quarantine
is established under this chapter against all life stages of the
insect pest ((known as)) Japanese beetle (Popillia japonica
Newman), a member of the family Scarabaeidae. The Japanese
beetle is a persistent, serious and highly destructive pest,
attacking the roots, leaves, and fruits of over three hundred
kinds of plants including fruit trees, ornamentals, and field and
vegetable crops. The director of agriculture has determined that
the regulation and exclusion of Japanese beetle is necessary to
protect the environmental quality, forests, floriculture and
agricultural crops of the state of Washington.
[Statutory Authority: Chapter 17.24 RCW. 90-15-042 (Order 2049), § 16-470-700, filed 7/16/90, effective 8/16/90.]
(1) ((Except as
provided in subsection (2) of this section,)) The entire states
of Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia,
Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Nebraska, New Hampshire, New Jersey, New York, North Carolina,
Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina,
Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin,
the District of Columbia, ((and)) the Provinces of Ontario and
Quebec, and any other state, province, parish, or county where
infestations of Japanese beetle are detected are declared to be
under quarantine for Japanese beetle.
(2) The director may exempt individual counties of the states under quarantine from meeting the conditions in WAC 16-470-715 if the director determines that:
(a) The state has adopted and is enforcing restrictions on
the interstate and intrastate movement of regulated articles that
are equivalent to or exceed the restrictions placed on the
movement of regulated articles as provided in ((this rule)) WAC 16-470-715; and
(b) Annual surveys are conducted in such counties and the
results of ((such)) these surveys are negative for Japanese
beetle; and
(c) One or more neighboring counties are not subject to an unacceptable heavy Japanese beetle infestation.
(3) A plant health official of any state may request
exemption of one or more counties under subsection (2) of this
section. ((Such)) The request ((shall)) must be in writing, and
((signed by a duly authorized official stating)) it must state
the area((s)) surveyed, the survey method, personnel conducting
the survey, and ((the last)) dates of any previous Japanese
beetle infestations in ((such)) that county ((if previously
infested. The director shall maintain a list of any county so
exempted)).
[Statutory Authority: Chapter 17.24 RCW. 90-15-042 (Order 2049), § 16-470-705, filed 7/16/90, effective 8/16/90.]
The following are
((hereby)) declared to be hosts or possible carriers of Japanese
beetle and are prohibited entry into this state from an area
under quarantine as declared in WAC 16-470-705 either directly,
indirectly, diverted or reconsigned, except as provided for in
WAC 16-470-715:
(1) Soil, humus, compost, and manure (except when commercially packaged);
(2) All plants with roots (except bareroot plants free from soil in amounts that could contain concealed Japanese beetle eggs, larvae or pupae);
(3) Grass sod;
(4) Plant crowns or roots for propagation (except when free from soil);
(5) Bulbs, corms, tubers, and rhizomes of ornamental plants (except when free of soil);
(6) Any other plant, plant part, article, or means of
conveyance when it is determined by the director to present a
hazard of spreading live Japanese beetle due to either
infestation, or exposure to infestation ((by Japanese beetle)).
[Statutory Authority: Chapter 17.24 RCW. 90-15-042 (Order 2049), § 16-470-710, filed 7/16/90, effective 8/16/90.]
(1) Prior notification
is required. Persons shipping regulated articles as specified in
WAC 16-470-710 into this state from areas under quarantine
((shall)) must notify the department's plant ((protection branch
of)) services program by sending via telefacsimile or other
method a copy of the applicable phytosanitary certificate as
described in subsection (2) of this section for each shipment.
The phytosanitary certificate must state the nature and quantity
of ((each)) the shipment, its expected date of arrival at
destination, the name of the intended receiver and the
destination. The person to whom the commodities are shipped
((shall)) must hold the ((same)) shipment until ((they are)) it
is inspected and released by the department.
(2) ((The commodities covered shall)) Each shipment of
regulated articles must be accompanied by a phytosanitary
certificate ((issued by an authorized state or federal regulatory
official)) from the state of origin certifying that the
commodity, soil, or means of conveyance is treated with methods
and procedures approved and prescribed by the director. Approved
methods and procedures include those specified in the National
Plant Board U.S. Domestic Japanese Beetle Harmonization Plan
Appendix 1. Shipment to Category 1 States.
(3) Privately owned houseplants grown indoors may be allowed
entry into this state ((without meeting the requirements of
subsection (2) of this section)) if a department official
inspects ((such)) the plants ((as prescribed in subsection (1) of
this section)) and determines that they are free from Japanese
beetle.
[Statutory Authority: Chapter 17.24 RCW. 90-15-042 (Order 2049), § 16-470-715, filed 7/16/90, effective 8/16/90.]
The director may issue
special permits admitting regulated articles ((covered))
specified in WAC 16-470-710 that are not otherwise eligible for
entry from the area under quarantine, subject to conditions and
provisions which the director may prescribe to prevent the
introduction, escape, or spread of ((the)) Japanese beetle.
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The following section of the Washington Administrative Code is repealed:
| WAC 16-470-015 | Penalties. |