WSR 08-16-118



[ Filed August 5, 2008, 3:12 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-12-078.

     Title of Rule and Other Identifying Information: WAC 16-390-230 What is the fee for an apple pest certification?, the department is proposing to remove a sunset provision in the rule establishing the current apple pest certification fee, so that the fee would remain at its current level. During the 2008 legislative session, the Washington state legislature authorized the Washington state department of agriculture (WSDA) to increase the apple pest certification fee (see chapter 329, Laws of 2008).

     Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Conference Room 238, Yakima, WA 98902, on September 10, 2008, at 11:00 a.m.

     Date of Intended Adoption: September 17, 2008.

     Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2094, by September 10, 2008.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by September 3, 2008, TTY (800) 833-6388.

     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. The certification fee was increased to $.015 per cwt. in the fall of 2006 in order to conduct expanded apple maggot surveys to comply with international standards. This increase has a sunset date – on January 1, 2009, the fee reverts back to $.0075 per cwt. During the 2008 legislative session, the agency received the authority to "...increase the apple pest certification assessment by up to $0.015 per hundredweight of fruit" (see chapter 329, Laws of 2008). This proposal would allow the fee to remain at the current level of $.015 per cwt.

     Reverting back to the $.0075 certification fee would not enable WSDA to conduct the level of survey needed to help manage and prevent the possible movement of apple maggot from infested areas into uninfested areas, secure continued access to international and interstate markets for Washington grown fruit, and protect the commercial tree fruit industry from an economically significant pest.

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

     Statute Being Implemented: Chapters 15.17 and 17.24 RCW.

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

     Name of Proponent: Washington state department of agriculture, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Brad White, 1111 Washington Street, 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 there are negligible additional costs on the 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).

August 5, 2008

Mary A. Martin Toohey

Assistant Director


AMENDATORY SECTION(Amending WSR 06-19-008, filed 9/8/06, effective 10/9/06)

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 $.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 and 34.05 RCW. 06-19-008, § 16-390-230, filed 9/8/06, effective 10/9/06. 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.]

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