WSR 02-04-020

EXPEDITED RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 24, 2002, 4:03 p.m. ]

Title of Rule: WAC 16-325-015 Seed potato isolation district.

Purpose: The Seed Potato Isolation District in Whatcom County was established to protect certified seed potato plantings from virus diseases spread from commercial potato plantings. Certified seed potatoes must meet the highest standards of disease sanitation. They generally cannot be grown in proximity to commercial potato crops (that is, potatoes grown for table or processing) without significantly increased disease risk. This rule ensures adequate quality certified seed potatoes can continue to be grown within the isolation district.

Statutory Authority for Adoption: Chapter 15.15 RCW.

Statute Being Implemented: Chapter 15.15 RCW.

Summary: This revised rule expands the existing district boundaries to give growers access to additional ground on which to grow certified seed potatoes. No commercial potatoes are currently grown in the area proposed for addition to the seed potato isolation district, and there is no significant negative financial impact likely to result from this rule amendment.

Reasons Supporting Proposal: Because of the increased competition for suitable seed potato ground within the current isolation district, it is desirable to expand the district boundaries to give growers access to additional ground on which to grow certified seed potatoes. Federal crop insurance premiums for seed potato fields within an isolation district are also lower than those outside of such a district.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Wessels, P.O. Box 42560, Olympia, WA 98504, (360) 902-1984.

Name of Proponent: Washington Seed Potato Commission, Roger Hawley, Chairman, public.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The Seed Potato Isolation District in Whatcom County was established under specific authority of chapter 15.15 RCW to protect certified seed potato plantings from virus diseases spread from commercial potato plantings. Certified seed potatoes must meet the highest standards of disease sanitation. They generally cannot be grown in proximity to commercial potato crops (that is, potatoes grown for table or processing) without significantly increased disease risk. This rule ensures adequate quality certified seed potatoes can continue to be grown within the area encompassed by the isolation district. The revision would expand the area of the existing seed potato isolation district. The two anticipated consequences of this expansion are (1) increased options for certified seed potato growers and (2) less costly federal crop insurance. Because of the increased competition for suitable certified seed potato ground within the current isolation district, an expansion of the district boundaries would give growers access to additional ground on which to grow certified seed potatoes. Also, federal crop insurance premiums for seed potato fields within an isolation district are normally lower than those outside of such a district. No significant negative financial effects are anticipated from this rule change.

Proposal Changes the Following Existing Rules: The rule revision would expand the current seed potato isolation district by moving its current western border over I-5 and to the sound, adding a maximum of twenty square miles to the existing district. No Native American reservation lands are included in the proposed seed potato isolation district. Currently, there are no commercial potato fields in the proposed expansion district.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Mary Toohey, Assistant Director for Laboratory Services, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, fax (360) 902-2094 , AND RECEIVED BY April 8, 2002.


January 24, 2002

Mary A. Martin Toohey

Assistant Director

OTS-5360.1


AMENDATORY SECTION(Amending WSR 98-09-071, filed 4/20/98, effective 5/21/98)

WAC 16-325-015   Regulated area.   The seed potato isolation district consists of that area of Whatcom County lying within the following boundaries:

On the west the boundary follows ((Interstate 5 from its intersection with Smith Rd., northwesterly to the intersection with Loomis Rd., then from the intersection of Loomis Road and Interstate 5 north along Giles Rd. to its end, continuing north through the center of Range 1 East to the Canadian border)) Georgia Straight from the Canadian border south to Slater Road.

On the north the boundary follows the Canadian border from ((its intersection with the center of Range 1 East)) Georgia Straight easterly to South Pass Road.

On the east the boundary follows South Pass Rd. southwesterly to the point where the eastern edge of Range 4 East intersects South Pass Road, then south along the eastern boundary of Range 4 East to the Nooksack River (south of the town of Deming).

On the south the boundary follows the Nooksack River northwesterly to the City of Everson, south from Everson on Mission Road to Smith Road ((then)), westerly on Smith Rd to Interstate 5, southeasterly on Interstate 5 to Slater Road, westerly on Slater Road to Rural Ave., southwesterly on Rural Ave. to Marine Dr., westerly on Marine Dr. to Ferndale Rd., northerly on Ferndale Rd. to Slater then westerly on Slater to Georgia Straight.

[Statutory Authority: Chapter 15.15 RCW. 98-09-071, 16-325-015, filed 4/20/98, effective 5/21/98.]

Washington State Code Reviser's Office