WSR 04-09-027

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed April 13, 2004, 11:00 a.m. , effective August 16, 2004 ]

Date of Adoption: April 13, 2004.

Purpose: The department is establishing a quarantine for apple maggot in a major portion of Kittitas County effective August 16, 2004. This rule-making order amends WAC 16-470-105 Area under order for apple maggot--Pest free area--Quarantine areas, by adding a major portion of Kittitas County to the area designated as a quarantine area and specifies the portion of Kittitas County that is a pest free area.

Citation of Existing Rules Affected by this Order: Amending WAC 16-470-105.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Adopted under notice filed as WSR 04-01-202 on December 24, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: August 16, 2004.

April 13, 2004

Valoria H. Loveland

Director

OTS-6833.1


AMENDATORY SECTION(Amending WSR 01-14-075, filed 7/3/01, effective 8/3/01)

WAC 16-470-105   Area under order for apple maggot -- Pest free area -- Quarantine areas.   (1) A pest free area for apple maggot is declared for the following ((counties)) portions of Washington state:

(a) Counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, ((Kittitas,)) Lincoln, Okanogan, Pend Oreille, Stevens, Walla Walla, Whitman, and Yakima.

(b) The portion of Kittitas County designated as follows: Beginning at the northwest corner of Wanapum Dam and Huntzinger Road; south along Huntzinger Road to the Yakima County line; east to the Columbia River; north along the Columbia River to the Wanapum Dam; and west to the point of beginning.

(2) A quarantine for apple maggot is declared for the following ((counties)) 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.

(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.

[Statutory Authority: Chapter 17.24 RCW. 01-14-075, 16-470-105, filed 7/3/01, effective 8/3/01.]

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