WSR 06-15-117



[ Filed July 19, 2006, 8:03 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-11-173.

Title of Rule and Other Identifying Information: This proposal amends the apple pest certification fee rule (WAC 16-390-230) by increasing the apple pest certification fee from $.0075 per hundredweight (cwt.) to $.015 per cwt. This proposed increase is effective through December 31, 2008. The fee reverts back to $.0075 per cwt. on January 1, 2009. During the 2006 legislative session, the Washington state legislature authorized the Washington state department of agriculture to increase fees in excess of the office of financial management fiscal growth factor in order to ensure that fees charged for services covered the full cost of operating department programs (see chapter 372, Laws of 2006 (ESSB 6386)).

Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Conference Room 238, Yakima, WA 98902, on August 31, 2006, at 11:00 a.m.

Date of Intended Adoption: September 8, 2006.

Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2094, by August 31, 2006.

Assistance for Persons with Disabilities: Contact Henri Gonzales by August 24, 2006, TTY (360) 902-1996 or (360) 902-2061.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The apple maggot is an invasive insect pest native to eastern North America. Its hosts include apples, crabapple, and native hawthorn. In its larval development stage it can cause extensive damage to fruit. It is economically significant to the Washington apple crop not only due to its ability to cause physical crop damage, but also because fruit from apple-maggot free areas or locations has greater market access for international shipments. The apple pest certification fee is used to fund annual surveys for apple maggot. Data collected from last summer's apple maggot survey provided evidence that the state's apple maggot population has expanded its range. Because of this, additional resources will be needed to conduct expanded future apple maggot surveys in order to comply with international standards. In addition, the program has experienced increased costs of inputs, particularly gasoline. Changes to the existing rule may be needed to help manage and prevent the possible movement of apple maggot from infested areas into uninfested areas, secure our continued access to international and interstate markets, and protect the commercial tree fruit industry from an economically significant pest.

Reasons Supporting Proposal: Changes to the existing rule may be needed to help secure our continued access to international and interstate markets. Failure to adopt the proposed amendments may jeopardize foreign and domestic markets for Washington apples.

Statutory Authority for Adoption: Chapters 15.17, 17.24, and 34.05 RCW.

Statute Being Implemented: Chapter 15.17 RCW.

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

Name of Proponent: Washington state department of agriculture with the support of the apple maggot working group, governmental.

Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Brad White, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-2071.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they do not impose more than minor costs on the small business in regulated industry and, therefore, a formal SBEIS is not required.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

July 19, 2006

Mary A. Martin Toohey

Assistant Director


AMENDATORY SECTION(Amending WSR 04-11-078, filed 5/18/04, effective 6/18/04)

WAC 16-390-230   What is the fee for an apple pest certification?   Through December 31, 2008, the fee for apple pest certification, using the survey method, on all fresh apples produced in Washington state or marketed under Washington state grades and standards, is (($.0075)) $.015 per cwt. or fraction thereof. Beginning January 1, 2009, the fee shall be $.0075 per cwt. or fraction thereof.

[Statutory Authority: Chapters 15.17, 34.05 RCW, and 2003 1st sp.s. c 25. 04-11-078, 16-390-230, filed 5/18/04, effective 6/18/04.]

Washington State Code Reviser's Office