TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 20. COTTON PEST CONTROL

The Texas Department of Agriculture (the department) proposes amendments to §§20.1, 20.20 and 20.22, concerning cotton pest control and cotton stalk destruction (CSD) requirements. The amendments are proposed to update and clarify definitions used in Chapter 20, reclassify Pest Management Zone 5 as Zone 3 Area (3), and strengthen enforcement of the CSD deadline.

Amendments to §20.1 are proposed to clarify the definition of non-hostable as it relates to cotton in the field for enforcement purposes, and to strengthen the definition of volunteer cotton by removing references to when incidental seeds might have germinated.

Amendments to §20.20 are proposed in response to producer requests from Zone 5. The proposed amendments will strengthen the CDS program in Zone 5 by reclassifying Zone 5 as Area (3) of Zone 3. This change will benefit producers in the affected counties by maintaining their locally appropriate planting and stalk destruction dates while improving their organizational situation. Because adjacent counties in Zone 3 share similar production practices as in Zone 5, combining these zones will allow for coordinated decision-making about CDS requirements. Old Zone 5 is deleted from the rule.

Amendments to §20.22 are proposed to implement the unanimous request of the Zone 9 Cotton Producer Advisory Committee (CPAC) to delay their CSD deadline until March 1 and the unanimous request of the Zone 10 CPAC to modify their stalk destruction requirements to reflect modern production practices in that area. Other amendments proposed for §20.22 are to refine procedures for processing electronically transmitted requests for individual extensions and to clarify the standards for granting individual extensions for fields that have been declared a public nuisance by the department. By amending these sections, the department ensures efficient functioning of the CSD program.

Dr. Robert Crocker, Coordinator for Pest Management and Citrus Programs, has determined that for the first five-year period the proposed amendments are in effect, there will be no anticipated fiscal impact for state or local governments as a result of administering or enforcing the rules, as amended.

Dr. Crocker also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of administering and enforcing the amended sections is greater efficiency in the suppression of overwintering populations of boll weevils. The amendments also benefit the public by reducing the risk of artificial re-infestation of restricted areas by boll weevils, thereby protecting the investment that cotton producers and the State of Texas have made to eradicate the pest. There is no cost anticipated to micro-businesses, small businesses or individuals required to comply with the amendments.

Comments on the proposal may be submitted in writing to Dr. Robert Crocker, Coordinator for Pest Management and Citrus Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of the publication of the proposal in the Texas Register .

Subchapter A. GENERAL PROVISIONS

4 TAC §20.1

The amendments to §20.1 are proposed in accordance with the Texas Agriculture Code (the 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; and §74.004, which provides the department with the authority to establish regulated areas, dates and appropriate methods of destruction of stalks, other cotton parts and products of host plants for cotton pests.

The code that is affected by the proposal is Texas Agriculture Code, Chapter 74, Subchapter A.

§20.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

(1) - (18) (No change.)

(19) Non-hostable--Refers to cotton in the field that is free of living, normally colored (not wilted or darkened) fruiting structures including [ such as ] buds, squares, flowers , uncracked bolls or unopened bolls.

(20) - (30) (No change.)

(31) Volunteer cotton--For purposes of this chapter, cotton developing from incidental seeds [ after the growing season between harvest and planting the next year's crop ].

This agency hereby certifies that the proposal 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-200600121

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: February 19, 2006

For further information, please call: (512) 463-4075


Subchapter C. STALK DESTRUCTION PROGRAM

4 TAC §20.20, §20.22

The amendments to §20.20 and §20.22 are proposed in accordance with the Texas Agriculture Code (the 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; and the Code, §74.004, which provides the department with the authority to establish regulated areas, dates and appropriate methods of destruction of stalks, other cotton parts and products of host plants for cotton pests.

The code that is affected by the proposal is the Texas Agriculture Code, Chapter 74, Subchapter A.

§20.20.Pest Management Zones.

(a) (No change.)

(b) Zones. Established zones include the following counties:

(1) - (7) (No change.)

(8) Zone 3 Area (3). Chambers, Colorado, Fayette, Galveston, Gonzales, Harris, Jefferson, Lavaca, Liberty, Orange, Waller, and Washington.

(9) [ (8) ] Zone 4. Atascosa, Bexar, DeWitt, Dimmit, Frio, Karnes, Kinney, Maverick, Medina, Uvalde, Val Verde, Wilson, and Zavala.

[(9) Zone 5. Chambers, Colorado, Fayette, Galveston, Gonzales, Harris, Jefferson, Lavaca, Liberty, Orange, Waller, and Washington.]

(10) - (15) (No change.)

§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 periodically 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 ]. In Zone 9, destruction shall be performed as necessary to keep cotton non-hostable. In Zone 10, soil must [ Soil should ] be tilled to a depth of 6 or more inches and destruction shall be performed as necessary to prevent regrowth and volunteer cotton [ in Zone 10 ].

Figure: 4 TAC §20.22(a)

(b) Deadline extensions.

(1) - (5) (No change.)

(6) All requests for extensions shall be postmarked (if mailed) or automatically date stamped (if electronically transmitted) on or prior to the cotton destruction deadline. However, if a field is in compliance with destruction requirements on the deadline, but later is in violation due to regrowth or volunteer cotton with fruiting structures as a result of extended periods of wet weather that does not allow for mechanical destruction, an extension request may be submitted after the deadline. Once a field has been declared a public nuisance by the department, no extension requests will be granted for that field until after the field has become compliant .

(c) - (e) (No change.)

This agency hereby certifies that the proposal 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-200600122

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: February 19, 2006

For further information, please call: (512) 463-4075