PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends the apple maggot quarantine boundaries designated in chapter 16-470 WAC, Quarantine -- Agricultural pests, by: (1) Adding a portion of Chelan County to the quarantine; and (2) decreasing the size of the quarantine portion of Kittitas County.
Citation of Existing Rules Affected by this Order: Amending WAC 16-470-105.
Statutory Authority for Adoption: RCW 17.24.041 and chapter 34.05 RCW.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 12-09-086 on April 18, 2012, and WSR 12-12-045 on May 31, 2012.
Changes Other than Editing from Proposed to Adopted Version: The GIS coordinate in WAC 16-470-105 (2)(d) was changed from N120°43.02' to W120°43.02' because of a typographical error.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 15, 2012.
Dan Newhouse
Director
OTS-4714.2
AMENDATORY SECTION(Amending WSR 09-18-086, filed 9/1/09,
effective 10/2/09)
WAC 16-470-105
Area 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, ((Chelan,))
Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Lincoln,
Okanogan, 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
Yakima River; thence northerly along the Yakima River to its
confluence with Lmuma Creek; thence easterly along Lmuma Creek
to Interstate Highway No. 82; thence southerly along
Interstate Highway No. 82 to the Kittitas-Yakima County line;
thence east)) 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.
(c) Yakima County, except for the area designated in subsection (2)(c) of this section.
(d) Chelan County, except for the area designated in subsection (2)(d) 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.
(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.
[Statutory Authority: Chapters 17.24 and 34.05 RCW. 09-18-086, § 16-470-105, filed 9/1/09, effective 10/2/09; 06-14-004, § 16-470-105, filed 6/22/06, effective 8/1/06; 05-09-005, § 16-470-105, filed 4/7/05, effective 8/15/05; 04-09-027, § 16-470-105, filed 4/13/04, effective 8/16/04. Statutory Authority: Chapter 17.24 RCW. 01-14-075, § 16-470-105, filed 7/3/01, effective 8/3/01.]