DEPARTMENT OF AGRICULTURE

[Filed December 23, 2025, 8:26 a.m.]

Preproposal statement of inquiry was filed as WSR 24-10-035.

Title of Rule and Other Identifying Information: Chapter 16-470 WAC, Quarantine—Agricultural pests. As a result of a petition for rule making, the department of agriculture (department) is proposing expanding the apple maggot quarantine area in Okanogan County.

Hearing Location(s): On February 10, 2026, at 1:00 p.m., via Microsoft Teams conference call. Join on your computer, mobile app, or room device at https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_ZTk4NGYwNTAtN2UzYS00NzIzLWJiZDMtNDc0OThiMTgyNDgx%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252211d0e217-264e-400a-8ba0-57dcc127d72d%2522%252c%2522Oid%2522%253a%2522838c55c7-c187-44ae-8de0-2be684ce5d4a%2522%257d&data=05%7C02%7CAClow%40agr.wa.gov%7C896fc6e0e47a4ff8431308de31243332%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C639002228700400438%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=dcYd%2FZekM%2BpVFRLKJoV%2FfBzvaNnRIhCuhg1gT7r4P0E%3D&reserved=0, Meeting ID 221 965 183 857 62, Passcode tK7yL235; or dial in by phone 1-564-999-2000,,894044767#, Conference ID 894 044 767#.

Date of Intended Adoption: February 17, 2026.

Submit Written Comments to: Gloriann Robinson, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, email wsdarulescomments@agr.wa.gov, fax 360-902-2092, by 5:00 p.m. on February 10, 2026.

Assistance for Persons with Disabilities: Contact Amy Clow, phone 360-902-2041, TTY 800-833-6388, email aclow@agr.wa.gov, by February 3, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As a result of a recommendation by a subcommittee of the apple maggot working group, the department is proposing to expand the quarantine area in Okanogan County. Recent apple maggot surveys provide evidence that the state's apple maggot population has expanded its range into pest-free areas of the county. Changes to the existing rule may better protect the environment and agricultural crops of the state by slowing possible movements of apple maggot from infested areas into the pest-free area, and by securing access to international and interstate markets.

Reasons Supporting Proposal: The apple maggot is an invasive insect pest native to eastern North America. Its hosts include apple, crabapple, and native and ornamental hawthorn. During the larval stage, apple maggot can cause extensive damage to fruit. It is also economically significant to Washington's apple industry because fruit from the pest-free areas has greater access to international markets.

Statutory Authority for Adoption: RCW 17.24.011 and 17.24.041.

Statute Being Implemented: Chapter 17.24 RCW.

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

Name of Proponent: The apple maggot working group, which consists of industry representatives, county pest boards, and department staff, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Sven-Erik Spichiger, P.O. Box 42560, Olympia, WA 98504-2560, 360-280-6327.

A school district fiscal impact statement is not required under RCW 28A.305.135.

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

The proposed rule does impose more-than-minor costs on businesses.

Small Business Economic Impact Statement

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 26-02 issue of the Register.

The public may obtain a copy of the small business economic impact statement or the detailed cost calculations by contacting Gloriann Robinson, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, TTY 800-833-6388, email wsdarulescomments@agr.wa.gov.

Acting Assistant Director

AMENDATORY SECTION(Amending WSR 18-21-064, filed 10/9/18, effective 11/9/18)

WAC 16-470-105Area under order for apple maggot—Pest free area—Quarantine areas.

(1) A pest free area for apple maggot is declared for the following portions of Washington state:

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

(b) The portion of Kittitas County designated as follows: Beginning at the point where Interstate Highway No. 90 crosses longitude 120°31' W; thence southerly to the Kittitas-Yakima County line; thence easterly along the county line to the Columbia River; thence northerly along the Columbia River to Interstate Highway No. 90; thence westerly along Interstate Highway No. 90 to the point of beginning.

(d) Chelan County, except for the area designated in subsection (2)(d) of this section.

(e) Lincoln County, except for the area designated in subsection (2)(e) of this section.

(f) Okanogan County, except for the area designated in subsection (2)(f) of this section.

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

(c) The portion of Yakima County designated as follows: Beginning at the northeastern corner of Yakima County on the west bank of the Columbia River; thence southerly along the Columbia River to the Yakima-Benton County line; thence southerly along the county line to latitude N46°30'; thence west to longitude W120°20'; thence north to latitude N46°30.48'; thence west to longitude W120°25'; thence north to latitude N46°31.47'; thence west to longitude W120°28'; thence north to latitude N46°32'; thence west to longitude W120°36'; thence south to latitude N46°30'; thence west to longitude W120°48'; thence southerly to the Klickitat-Yakima County line; thence westerly along the county line to the Yakima-Skamania County line; thence northerly along the county line to the Lewis-Yakima County line; thence easterly and northerly along the county line to the Pierce-Yakima County line; thence northerly and easterly along the county line to the Kittitas-Yakima County line; thence easterly and southerly along the county line to the west bank of the Columbia River and the point of beginning.

(d) The portion of Chelan County designated as follows: Beginning at the point where the northern boundary of the county crosses longitude W120°43.02' following the longitudinal line due south to the fork of Highway 207 and Chiwawa Loop Road; thence south following the eastern edge of Highway 207 which becomes Beaver Valley Road and then Chumstick Highway; thence southeast along the eastern edge of Highway 2 to the point where the northern ridgeline of Boundary Butte drops to meet Highway 2; thence southerly, following the ridgeline of Boundary Butte gaining in elevation into the Stuart Range to the highest point of McClellan Peak; thence due south from McClellan Peak to the southern boundary of the county; thence following the county line west, then north, and then east to the beginning point.

(e) The portion of Lincoln County designated as follows: Beginning at longitude W118°20'0" on the Lincoln-Adams County line; thence northerly to State Highway Route 28 (SR 28); thence northerly and easterly along SR 28 to latitude N47°37'38.6"; thence easterly to the Lincoln-Spokane County line; thence south to the Lincoln-Whitman County line; thence west along the Lincoln County line to longitude W118°20'0" and the point of beginning.

(f) The portions of Okanogan County designated as follows:

(i) Beginning at the northern corner of the Okanogan-Whatcom County line; thence southerly to the Okanogan-Skagit County line; thence southerly and easterly along the Okanogan-Chelan County line; thence easterly to latitude N48°12'05.4"; thence northerly to longitude W119°53'05.9"; and thence westerly along the Okanogan County-Canada border to the beginning point.

(ii) Beginning at the northern point where U.S. Highway No. 97 crosses the Okanogan River (the approximate point N48°55'16.2", W119°25'16"); thence southerly along the western edge of U.S. Highway No. 97 to Ellisforde Bridge Road; thence westerly along the northern edge of Ellisforde Bridge Road to Okanogan County Highway 7; thence northerly along the eastern edge of Okanogan County Highway 7 to latitude N48°55'15.5"; thence easterly to the approximate point N48°55'15.6", W119°26'35.3"; thence north-easterly, crossing the Similkameen River, to the approximate point N48°55'17.6", W119°26'23.8"; thence easterly continuing along the northern edge of the converging Similkameen River and Okanogan River to the beginning point.

(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.