Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-18-076.

     Title of Rule and Other Identifying Information: Chapter 16-474 WAC, Eastern filbert blight quarantine. The department is proposing to establish a quarantine that would place restrictions on the importation of hazelnut plants into Washington state in response to eastern filbert blight.

     Hearing Location(s): Washington State Department of Agriculture, 117 North First, Suite 39, 2nd Floor, Mt. Vernon, WA 98273, on November 29, 2012, at 11:00 a.m.

     Date of Intended Adoption: December 6, 2012.

     Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by November 29, 2012.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by November 20, 2012, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: At the request of Washington's filbert growers, the department is proposing to establish a quarantine that requires hazelnut planting stock from states east of the Rocky Mountains, including all of Montana, Wyoming, Colorado, and New Mexico, to originate from an area free of the fungus Anisogramma anomala or be micro-propagated and shipped in artificial culture media in a sealed container. In addition, the quarantine requires hazelnut planting stock from all other states to be inspected during the last growing season and found free of eastern filbert blight. Establishment of a quarantine may better protect the commercial hazelnut industry from an economically significant plant disease.

     Reasons Supporting Proposal: Eastern filbert blight is a highly infectious plant disease affecting hazelnuts (also called filberts) and closely related species. It is caused by the fungus Anisogramma anomala. Until recently, varieties of hazelnuts grown in the Pacific Northwest were resistant to the local strain of A. anomala. However, more virulent strains of A. anomala have been found in the eastern portion of the United States. If these more virulent, exotic strains are introduced into Washington, the disease resistance of local commercial and ornamental varieties of hazelnuts will decline and may be lost, resulting in potentially devastating economic consequences to growers, loss of ornamental or landscape hazelnut plants, and environmental consequences of removing habitat and food sources for wildlife. Members of the Washington industry have requested that the department consider a rule to protect the local crop.

     Statutory Authority for Adoption: RCW 17.24.041, 15.13.260, and chapter 34.05 RCW.

     Statute Being Implemented: RCW 17.24.041.

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

     Name of Proponent: Growers Society of Oregon, Washington & British Columbia, private.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tom Wessels, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1984.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule will not have a more than minor economic impact on the commercial hazelnut industry. Chapter 15.13 RCW already requires all horticulture plants shipped into the state to be certified free of plant pests, so this more specific rule proposal would furnish specific protections to hazelnut growers, but not add additional economically consequential regulations to Washington businesses. In addition, neglecting to establish a quarantine specific to eastern filbert blight may result in extensive economic loss to the Washington hazelnut crop.

     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).

October 24, 2012

Mary A. Martin Toohey

Assistant Director

OTS-5052.1

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     "Eastern filbert blight" means a disease of hazelnut plants caused by the fungus Anisogramma anomala.

     "Hazelnut plant" means plants and plant parts of any species in the genus Corylus.

     "Micropropagate" means plant propagation using aseptic laboratory techniques and artificial culture medium.

     "Pest free area" means an area where eastern filbert blight does not occur, as demonstrated by scientific evidence, and where this condition is being officially maintained.

     "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.

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     (a) The hazelnut plants originate from a pest free area for eastern filbert blight.

     (b) The hazelnut plants are micropropagated and shipped in artificial culture medium in sealed containers.

     (2) Regulated articles from any area except the area addressed in subsection (1) of this section must be accompanied by a phytosanitary certificate stating that the hazelnut plants have been inspected by the certifying agency during the last active growing season and found free of eastern filbert blight.

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     (1) The material is Corylus planting stock being imported by Washington State University or USDA for experimental or trial purposes; or

     (2) No more than twenty-five plants are being imported by a grower as source material for micropropagation, and these plants will be isolated and held until the department determines them to be free of Anisogramma anomala. As a condition of the permit, the permit holder may be required to hold these source plants in an enclosed facility during the micropropagation process and to destroy them upon its completion.

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