4 TAC §19.161
The Texas Department of Agriculture (the department) adopts
amendments to §19.161, concerning a quarantine for the Diaprepes root
weevil,
Diaprepes abbreviatus
(L), with changes
to the proposal as published in the January 27, 2006, issue of the
Texas Register
(31 TexReg 449). The amendments are adopted to prevent
the spread of the Diaprepes root weevil into other citrus and nursery growing
areas of Texas and to facilitate its eradication. Due to the detection of
Diaprepes root weevils in 2001 in an orange grove located 0.2 miles West of
the intersection of Hobbs Drive and North 2nd Street in McAllen, Texas, the
department quarantined the grove and the area within 300-yards surrounding
the grove to facilitate eradication of this pest. As a result of detections
of the pest outside of the quarantined area in August - December 2 of 2005,
the department adopted on an emergency basis the amendments to the Diaprepes
root weevil quarantine that are the subject of this filing. The emergency
filing was published in the December 16, 2005, issue of the
Texas Register
(30 TexReg 8371). The department believes that the expansion
of the quarantined area, enhances chances for a successful eradication since
it prevents artificial spread of the quarantined pest into other citrus and
nursery growing areas of Texas. The amendments are adopted with changes made
for purposes of clarification in paragraph (1)(A), where a hyphen was deleted
and in paragraph (1)(C), where language was added to clarify that the map
may be obtained at the department's Valley Regional Office.
Amended §19.161 expands the quarantined area in correspondence with
the detection of the Diaprepes root weevils outside the current quarantined
area.
No comments were received on the proposal.
The amendments are adopted under the Texas Agriculture Code, §71.001,
which authorizes the department to establish quarantines against out-of-state
diseases and pests; §71.002, which authorizes the department to establish
quarantines against in-state diseases and pests; and §71.007, which authorizes
the department to adopt rules as necessary to protect agricultural and horticultural
interests, including rules to provide for specific treatment of a grove or
orchard or of infested or infected plants, plant products, or substances.
§19.161.Quarantined Areas.
The quarantined areas are:
(1)
Within Texas:
(A)
the citrus grove located in Hidalgo County, McAllen, Texas,
0.20 miles West of the intersection of Hobbs Drive and North 2nd Street and
the area within approximately 300 yards surrounding the grove in all directions;
the property located at 9601 N. 10th Street, Unit 1-11, Hidalgo County, McAllen,
Texas and the surrounding area within approximately 300 yards in all directions,
including the citrus grove, comprised of approximately 20 acres, located south
of the Timberhill Mobile Park; and the property located at 3539 Plaza del
Lagos, Hidaldo County, Edinburg, Texas and the surrounding area within approximately
300 yards in all directions; and
(B)
any other area where the quarantined pest is detected.
(C)
The map of the quarantined area may be obtained from the
department's Valley Regional Office, 900-B, East Expressway, San Juan, Texas
78589.
(2)
Outside Texas:
(A)
State of Florida: Counties of Broward, Dade, DeSoto, Collier,
Glades, Hendry, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee,
Marion, Martin, Orange, Osceola, Palm Beach, Pasco, Polk, Seminole, St. Lucie,
Sumter, Volusia;
(B)
the Commonwealth of Puerto Rico;
(C)
the islands of the West Indies; and
(D)
any other area where the quarantined pest is detected..
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of
the Secretary of State on March 15, 2006.
TRD-200601651
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: April 4, 2006
Proposal publication date: January 27, 2006
For further information, please call: (512) 463-4075