Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Chapter 20. COTTON PEST CONTROL
The Texas Department of Agriculture (the department) proposes amendments to §20.1 concerning definitions and to §20.20 and §20.22 concerning stalk destruction requirements and deadlines. Amendments are proposed to define one term, update definitions of certain terms, divide pest management zone 7 into two areas, and modify the earliest planting dates and dates when cotton may be hostable in pest management zones.
Amendments to §20.1 are proposed to add the term "new crop" and to correct a typographical error. This section is amended to make it consistent with changes proposed in §20.22 and to strengthen enforcement of the program by assuring clear terminology.
Amendments to §20.20 are proposed in response to a request from the Cotton Producer Advisory Committee in Pest Management Zone 7. The proposed change divides Pest Management Zone 7 into two areas with separate deadlines. This section is amended to ensure sufficient time for producers in all parts of Zone 7 to harvest and destroy their cotton. This reduces the need for producers in the northern part of Zone 7 to request extensions of the stalk destruction deadline under normal circumstances, while allowing producers in the southern part of Zone 7 to enforce a stalk destruction deadline appropriate for their area.
The amendments to §20.22 are proposed in response to requests from the Cotton Producer Advisory Committees of Pest Management zones 1, 2 and 9. The proposed amendments promote suppression of boll weevil populations by separating the end of the enforcement period for cotton stalk destruction from the earliest planting date. This allows enforcement to continue in a zone until near the time when current year cotton planted on or after the earliest planting date becomes hostable. The stalk destruction chart at §20.22(a) adds a column for earliest plant date and a column for end date of destruction requirements.
Dr. Robert Crocker, coordinator for pest management and citrus, has determined that for the first five-year period the proposed amendments are in effect, there will be no anticipated fiscal impact for state and local governments as a result of administering or enforcing the rule, as proposed.
Dr. Crocker also has determined that for each year of the first five years the proposed amendments are in effect, the public benefits anticipated as a result of administering and enforcing the sections are increased regulatory efficiency in Pest Management Zone 7 and increased suppression of overwintering populations of boll weevils and pink bollworms in Pest Management zones 1, 2 and 9. There is no cost anticipated to micro-businesses, small businesses or individuals required to comply with the amendments.
Subchapter A. GENERAL PROVISIONS
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; 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 affected by the proposal is the Texas Agriculture Code, Chapter 74.
§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) - (8) (No change.)
(9) Destroyed, or destruction--Killed (including the leaves,
stems, flowers, fruit, and roots) or rendered
non-hostable [non hostable].
(10) - (16) (No change.)
(17) Hostable material--
In subchapter A or B, cotton
[
Cotton
] fruiting structures such as buds, squares, flowers or bolls.
(18) (No change.)
(19) New crop--Cotton planted on or after the earliest planting date that follows the most recent destruction deadline.
(20)
[
(19)
] Non-hostable--Refers to cotton
in the field that is free of living, normally colored (not wilted or darkened)
fruiting structures including buds, squares, flowers, uncracked bolls or unopened
bolls.
(21)
[
(20)
] Oil mill waste--Waste products,
including linters, derived from the milling of cottonseed.
(22)
[
(21)
] Plow--To dislodge or sever
the roots of plants in a manner which prevents further growth. Equipment used
to accomplish this could include a stalk puller, any type of plow, or similar
implement.
(23)
[
(22)
] Protection plan--A plan developed
for the purpose of mitigating, with the goal of preventing, boll weevil infestation
and establishment in an area. Mitigating measures may include, but are not
limited to, the following:
(A) the field treatment of cotton and cotton products prior to delivery to an area or a gin by an approved insecticide;
(B) requirements for moving, handling, storage and treatment or use of approved insecticide applications to regulated articles; and
(C) monitoring of boll weevils at a specified site(s) as approved by the department.
(24)
[
(23)
] Regrowth cotton--Cotton that
has not been completely destroyed in such a way as to absolutely prevent further
growth.
(25)
[
(24)
] Restricted Area--An area
designated as suppressed, functionally eradicated, or eradicated of boll weevils,
as those terms are defined in this section.
(26)
[
(25)
] Seed cotton--All forms of
un-ginned cotton from which the seed has not been separated.
(27)
[
(26)
] Stalk puller--An implement
which dislodges the roots of cotton plants by pulling up the stalks.
(28)
[
(27)
] Standing stalks--Original,
undestroyed cotton plants growing in a field before or after harvesting.
(29)
[
(28)
]Suppressed area--An area
in which some boll weevil reproduction may be present in the area or a portion
thereof, and in which the movement of regulated articles presents a threat
to the success of the boll weevil eradication program. The boll weevil population
must be equal to or less than 0.025 boll weevils per trap per week for the
cotton-growing season as measured by boll weevil pheromone traps operated
by the Texas Boll Weevil Eradication Foundation or other governmental agency.
(30)
[
(29)
] Trap--type of adult boll
weevil pheromone trap approved by the Texas Boll Weevil Eradication Foundation.
( 31)
[
(30)
] Treatment--The act of eliminating
possible cotton pest infestation(s) by means of cleaning, spraying or fumigation
to eliminate the infestation.
(32)
[
(31)
] Volunteer cotton--For purposes
of this chapter, cotton developing from incidental seeds.
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 May 7, 2007.
TRD-200701758
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 17, 2007
For further information, please call: (512) 463-4075
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; 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 affected by the proposal is the Texas Agriculture Code, Chapter 74.
§20.20.Pest Management Zones.
(a) (No change.)
(b) Zones. Established zones include the following counties:
(1) - (10) (No change.)
(11) Zone 7
, Area (1)
. Anderson, Angelina, [
Brazos, Burleson
] Cherokee, [
Grimes, Hardin,
] Houston, [
Jasper,
] Leon, [
Madison, Montgomery,
] Nacogdoches, [
Newton,
] Panola, [
Polk, Robertson,
] Rusk, Sabine, San Augustine,
[
San Jacinto,
] Shelby and Smith.
(12) Zone 7, Area (2). Brazos, Burleson, Grimes, Hardin, Jasper, Madison, Montgomery, Newton, Polk, Robertson, San Jacinto, Trinity, Tyler and Walker.
(13)
[
(12)
] Zone 8 Area (1). Bell,
Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Lampasas, Limestone, and
McLennan.
(14)
[
(13)
] Zone 8 Area (2). Ellis,
Henderson, Hood, Johnson, Navarro and Somervell.
(15)
[
(14)
] Zone 9. Pecos, Reeves and Ward.
(16)
[
(15)
] Zone 10. 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.
§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 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. In Zone 9, destruction shall be performed as necessary to keep cotton non-hostable. In Zone 10, soil must be tilled to a depth of 6 or more inches and destruction shall be performed as necessary to prevent regrowth and volunteer cotton.
(b) - (c) (No change.)
(d) Cotton in a zone must be in compliance with the respective
stalk destruction requirements and may not be planted after the stalk destruction
deadline
until the earliest planting date listed in the table in subsection
(a) of this section.
[
:
]
[
(1)
until February 1 in zones
1 through 8, or]
[
(2)
until March 25 in zones 9
or 10.]
(e)
At the end date of destruction requirements listed
in the table in subsection (a) of this section,
[
Once a new cotton
crop is planted in an area on or after the dates set out in subsection (d)
of this section, and has emerged
] the requirement to destroy original
growth, regrowth, or volunteer cotton from the previous crop year shall end.
Violations arising in a zone prior to the
end date for destruction requirements
[
emergence date of a new cotton crop planted on or after the dates
set out in subsection (d) of this section
] will be pursued, but penalties
shall cease to accrue on the
end date for destruction requirements
[
emergence date
].
(f) Cotton covered by a noncommercial cotton permit issued by the department shall be exempt from the requirements of this section.
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 May 7, 2007.
TRD-200701759
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 17, 2007
For further information, please call: (512) 463-4075