PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
SUBCHAPTER E. DATE PALM LETHAL DECLINE QUARANTINE
The Texas Department of Agriculture (the department) adopts, on an emergency basis, amendments to §§19.51 - 19.53, concerning the department's Date Palm Lethal Decline Quarantine regulations. The department adopted amendments to this quarantine on an emergency basis on December 3, 2008, as published in the December 19, 2008, issue of the Texas Register (33 TexReg 10263). The original emergency amendments to the quarantine have expired and the department is resubmitting revised amendments on an emergency basis.
The current Date Palm Lethal Quarantine was developed in 1976 and is out-dated and not based on current science and regulatory practice. Although the current quarantine has not been utilized broadly due to a low prevalence and rare occurrence of the disease in Texas, the department is updating the quarantine to conform to current information, science and regulatory practices.
The revised amendments establish a regulatory practice utilizing an immediate buffer area and an extended buffer area surrounding any infected trees in Texas. Similar to the current quarantine regulation, the immediate buffer area will be the area within one mile of the infected tree. The extended buffer area will be the area within two miles of the infected tree and outside the one-mile immediate buffer area. The revised amendments will operate as follows regarding each regulated area within the quarantine.
Regarding the immediate buffer area, no trees within this area will be allowed to move outside the area for at least six months following the removal of the infected tree. In order to be allowed to move trees outside the immediate buffer area following the six-month period, a treatment regiment extending for at least three months, during the six-month period, will be required. This treatment is added because the vectors, primarily leafhoppers, which are present in the vicinity of an infected tree, pose the greatest risk of spreading the disease.
Regarding the extended buffer area, shipment from the extended buffer area to outside the quarantine zone must be accompanied by a phytosanitary certificate. This requirement expires following the six-month period from the detection date assuming the treatment practices in the immediate buffer area are conducted as described herein.
Regarding areas inside the quarantine zone but outside two buffer areas, shipments will be unrestricted.
The proposed emergency amendments also add Nueces County of Texas and the entire State of Florida to the quarantined area and the requirements for quarantined palms entering Texas. Nueces County is added to the quarantine because the disease has been detected in that county. The State of Florida is added to the quarantine because scientists from the University of Florida, Institute of Food and Agricultural Sciences recently confirmed the phytoplasma, which causes the date palm lethal decline in Texas also occurs in five Florida counties. Furthermore, the State of Florida has not enacted an intra-state quarantine to restrict movement of the infected host plants and potential vectors from spreading to disease-free counties. Consequently, instead of quarantining just the infected counties, the Texas Department of Agriculture has opted to quarantine the entire State of Florida. In addition, the Florida Department of Agriculture and Consumer Services, Division of Plant Industry declined to implement the requirements Texas uses when an infected tree is found, such as removal of the infected tree, a six-month prohibition on movement of quarantined palms located within one mile of the infected tree and the use of the treatment methods mentioned above. Consequently, the entry requirements for the quarantined palms from Florida into Texas were developed in consultation with the Florida Division of Plant Industry. Silver date palm Phoenix sylvestris, queen palm Syagrus romanzoffiana, and cabbage palm or sabal palm Sabal palmetto, are added to the list of quarantined articles since Florida scientists recently confirmed the occurrence of date palm lethal decline in these species.
The emergency amendments add silver date palm, queen palm, and cabbage palm or sabal palm to the list of quarantined articles, add Nueces County of Texas and the State of Florida to the quarantined areas, and prescribe entry requirements for movement of the quarantined articles from Florida into Texas, as well as outlines requirements to move quarantined articles from a quarantined area of Texas to a free area of Texas.
The department believes it is necessary to take this immediate action to prevent the spread of the date palm lethal decline into non-infected areas of Texas, and adoption of the proposed emergency amendments to the date palm lethal decline quarantine is both necessary and appropriate. The palm nursery industry, landscapers, homeowners and others who use the quarantined palms are in peril because without the emergency amendments, chances of these palms becoming infected with the disease increase significantly. Treatment options to control the disease are very limited. Moreover, once the spear leaf has died due to the disease, scientists recommend removal of the tree as soon as possible.
Amended §19.51 adds Nueces County of Texas and the State of Florida to the quarantined areas. Amended §19.52 adds silver date palm, queen palm, and cabbage palm or sabal palm to the list of quarantined articles. Amended §19.53 deletes the option, which requires a treatment of quarantined palms located more than two miles from an infected tree and adds a treatment requirement for movement of quarantined palms located within one mile from an infected tree. The amendment replaces the special permit provision with a phytosanitary certificate. The amendment clarifies that a phytosanitary certificate is required over a six- month period for movement of the quarantined articles located more than one mile and less than two miles from an infected tree within quarantined area of Texas to a free area of Texas. The amendment prescribes entry requirements for quarantined palms from Florida into Texas. It prohibits quarantined palms within two miles of a known infected tree in Florida and requires the quarantined palms in Florida located more than two miles from a known infected tree to be treated within 48 hours of the shipment. The department will be proposing adoption of this rule amendment on a permanent basis in a separate submission.
The amended sections are adopted on an emergency basis under the Texas Agriculture Code, §71.004, which provides the Texas Department of Agriculture with the authority to establish emergency quarantines; §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; and the Texas Government Code, §2001.034, which provides for the adoption of administrative rules on an emergency basis, without notice and comment.
§19.51.Quarantined Areas.
The quarantined areas are Cameron, Hidalgo, Nueces, and
Willacy counties [Counties] of Texas, and the State of Florida.
§19.52.Quarantined Articles.
(a) (No change.)
(b) All parts of the Canary Island date palm, Phoenix canariensis
; silver date palm, Phoenix sylvestris;
queen palm, Syagrus romanzoffiana; cabbage palm or sabal
palm, Sabal palmetto; and [all parts of
] the date palm, Phoenix dactylifera are quarantined.
(c) (No change.)
§19.53.Restrictions.
(a) (No change.)
(b) Exemptions.
(1) Palm seed are exempt from the provisions of this subchapter.
(2) Quarantined articles from quarantined areas of Texas are exempt from the requirements of treatment and a phytosanitary certificate after a six-month absence of an infected tree or when located more than 2 miles from an infected tree.
(c) Exceptions [Exception].
(1) When an infected tree has been detected, shipments [
Shipments] of quarantined palms from quarantined
areas of Texas specified in subparagraphs (A) or (B) of this
paragraph may be allowed movement into the free areas of Texas
[under special permit from the department] under the following
conditions.
(A) Quarantined palms located within one mile of a known infected tree may:
(i) not move [from the quarantined area]
for a period of six months following removal of an infected tree;
and [or]
(ii) have been treated, as approved by the department, for a minimum period of three months during the six-month period following the removal of an infected tree; and
(iii) [(ii)] be allowed to move
after six months if no other infected trees are found within a mile
radius [and the conditions specified in subparagraphs (B) or
(C) of this paragraph are met].
(B) Quarantined palms located more than one mile and less than two miles from known infected trees must:
(i) - (ii) (No change.)
(iii) must be treated within 48 hours prior to [
on the day of] movement; and[.]
(iv) be allowed to move when accompanied by a phytosanitary certificate over a three month period since completion of the treatment.
(C) A phytosanitary certificate is not required for shipments made beyond six months since detection of an infected tree.
[(C) Quarantined palms
located more than two miles from known infected trees must:]
[(i) be inspected within 24 hours prior to shipment with no symptoms of lethal decline apparent; and]
[(ii) must be treated on the day of movement.]
(2) (No change.)
(3) Shipments of quarantined palms from Florida may be allowed movement into Texas when accompanied by a phytosanitary certificate issued by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, under the following conditions.
(A) Quarantined palms located within two miles of known infected trees are prohibited.
(B) Quarantined palms located more than two miles from known infected trees:
(i) must be inspected within 24 hours prior to shipment with no symptoms of date palm lethal decline apparent;
(ii) must be under a prescribed pest management program for six weeks prior to shipment and receive a final treatment within 48 hours prior to movement; and
(iii) tools used in pruning and handling of host plants must be disinfected with one part liquid household bleach (sodium hypochlorite) to four parts water or some other suitable disinfectant.
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 April 7, 2009.
TRD-200901364
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective Date: April 7, 2009
Expiration Date: August 4, 2009
For further information, please call: (512) 463-4075