WSR 16-11-105
[Filed May 18, 2016, 10:21 a.m.]
Continuance of WSR 16-08-116.
Preproposal statement of inquiry was filed as WSR 16-01-201.
Title of Rule and Other Identifying Information: WAC 16-470-105 Area under order for apple maggotPest free areaQuarantine areas, the agency is proposing to amend the apple maggot quarantine by adding the southeast portion of Lincoln County to the area under quarantine.
Hearing Location(s): Lincoln County Public Works Building, 27234 SR 25 North, Main Conference Room, Davenport, WA 99122, on June 23, 2016, at 1:00 p.m.
Date of Intended Adoption: July 7, 2016.
Submit Written Comments to: Henri Gonzales, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2092, by June 23, 2016.
Assistance for Persons with Disabilities: Contact Deanna Painter by June 16, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to add the southeast portion of Lincoln County to the area under quarantine for apple maggot. Changes to the existing rule may better prevent or minimize possible movement of apple maggot from infested areas into uninfested areas, secure access to international and interstate markets, and protect the commercial tree fruit industry from an economically significant pest by quarantine modification.
Reasons Supporting Proposal: 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 demonstrated apple maggot free areas or locations has greater market access for international shipments.
Data collected from the 2015 apple maggot survey provides evidence that the state's apple maggot population has altered its range. Modification of the existing quarantine is necessary in order to respond to this change.
Statutory Authority for Adoption: RCW 17.24.011, 17.24.041, and chapter 34.05 RCW.
Statute Being Implemented: RCW 17.24.011, 17.24.041.
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: James Marra, 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. The proposed rule imposes no new regulatory requirements and no new costs on any tree fruit producer. This proposed change does not add additional commercial fruit orchards to the hundred plus orchards in the already existing quarantine area. In addition, neglecting to change the existing rule may result in loss of markets and potential exports for the Washington apple crop.
There are no small businesses operating solid waste facilities or solid waste haulers impacted by this proposed rule. The solid waste facilities impacted by the proposed rule are operated by governmental entities. The hauler impacted by the proposed rule is operated by a large commercial company that does not meet the definition of a small business under RCW 19.85.020(3).
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).
May 18, 2016
Brad White
Assistant Director