4 TAC §20.22
The Texas Department of Agriculture (the department) adopts
on an emergency basis, amendments to §20.22, concerning the authorized
cotton destruction date for Pest Management Zone 9 and the cotton destruction
method for Pest Management Zone 10.
The department is acting on behalf of cotton farmers in Pest Management
Zones 9 and 10. Zone 9 includes Pecos, Reeves and Ward counties. Zone 10 includes
El Paso County and that portion of Hudspeth County bounded by Interstate Highway
10 on the north, the El Paso County line on the west, the Rio Grande River
on the south and a line from old Fort Quitman, north along Highway 34 to Interstate
10 on the east.
The current cotton destruction deadline for Zone 9 is February 1, 2006.
The cotton destruction deadline for this zone will be delayed until March
1, 2006, by this emergency rule amendment. The current cotton destruction
method for Zone 10 is shredding and plowing and completely burying the stalk.
The requirement to completely bury the stalk will be removed by this emergency
rule amendment. The department believes that changing the cotton destruction
date for Zone 9 and the destruction method for Zone 10 is both necessary and
appropriate.
Due to drought conditions and changes in production practices in Zones
9 and 10, producers will need more time to perform destruction activities
in Zone 9 and the requirement to bury the cotton stalk in Zone 10 is not needed.
A separate proposal will be published that will adopt these same changes on
a permanent basis. A failure to act to delay the cotton destruction deadline
for Zone 9 and to modify the destruction requirements for Zone 10 could create
a significant economic loss to Texas cotton producers in these zones and thereby
affect the state's economy.
The amendments to §20.22 are adopted on an emergency basis
under the Texas Agriculture Code, §74.006, which provides the department
with the authority to adopt rules as necessary for the effective enforcement
and administration of Chapter 74, Subchapter A; §74.004, which provides
the department with the authority to establish regulated areas, dates and
appropriate methods of destruction of stalks, other parts, and products of
host plants for cotton pests; and the Government Code, §2001.34, which
provides for the adoption of agency rules on an emergency basis, without notice
and comment.
§20.22.Stalk Destruction Requirements.
(a)
Deadlines and methods. All cotton plants in pest management
zones 1-8 shall be rendered non-hostable by the stalk destruction dates indicated
for the zone. Destruction shall periodically be performed to prevent the presence
of fruiting structures. Destruction of all cotton plants shall be accomplished
in Zone 9 by shredding and in Zone 10 by shredding and plowing [
and completely
burying the stalk
]. Soil should be tilled to a depth of 6 or more inches in Zone 10.
Figure: 4 TAC §20.22(a)
(b) - (e) (No change.)
This agency hereby certifies that the emergency adoption
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on January 9, 2006.
TRD-200600120
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective Date: January 9, 2006
Expiration Date: April 8, 2006
For further information, please call: (512) 463-4075