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 dates for Pest Management Zone 9 (Zone 9).
The department is acting on behalf of cotton farmers in Zone 9. Zone 9
includes Reeves, Pecos, and Ward counties. Currently Zone 9 has no date for
cotton stalk destruction. The present emergency rule amendment will establish
a cotton stalk destruction deadline of February 1. The department believes
that establishing a cotton destruction date is both necessary and appropriate.
The emergency amendments are effective only for the 2004 crop year.
After greater than expected insect problems resulted in the zone during
the 2003 crop year, the Zone 9 Cotton Producers' Advisory Committee (CPAC)
has requested that the department institute a February 1 deadline for crop
destruction by shredding in order to avoid significant problems in the 2004
crop year and to further the goal of eradicating the boll weevil and the pink
bollworm. As a result, these emergency amendments are necessary for the 2004
crop year. A separate proposal will be published that will effect the same
changes on a permanent basis for following years. A failure to enact this
cotton destruction deadline could create a significant economic loss both
to Texas cotton producers in these areas and to the state's economy.
The emergency amendments to §20.22(a) establish the date for cotton
stalk destruction for Zone 9 as February 1, for the 2004 crop season only
and provide that the destruction of plants in Zone 9 shall be by shredding.
Language referencing tilling requirements for Zone 9 are deleted. While the
requirement of tilling to a depth of 2 or more inches has been removed, this
does not prevent a producer from tilling the field after shredding has been
completed. The department intends to adopt the amendments to 20.22(a) on a
permanent basis.
The amendments are adopted on an emergency basis under the Texas
Agriculture Code, §74.006, which provides the Texas Department of Agriculture
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 provides the department with the authority
to consider a request for a cotton destruction extension due to adverse weather
conditions; and the Government Code, §2001.34, which provides for the
adoption of administrative 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 in
Zone
[
Zones
] 9
by shredding
and
in Zone
10 shall be
accomplished by shredding and plowing and completely burying the stalk. Soil
should be tilled to a depth of [
2 or more inches in Zone 9 and to a depth of] 6 or more inches in Zone 10.
Figure: 4 TAC §20.22(a)
(b) - (d)
(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 16, 2004.
TRD-200400316
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective Date: January 16, 2004
Expiration Date: March 30, 2004
For further information, please call: (512) 463-4075