Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 3.
BOLL WEEVIL ERADICATION PROGRAM
The Texas Department of Agriculture (the department) proposes new
Chapter 3, Subchapter E, §3.119, concerning the creation of a nonstatutory
boll weevil eradication zone for the Lower Rio Grande Valley, and the repeal
of Subchapter G, §3.300, concerning the transfer of Glassock County to
an active boll weevil eradication zone. New §3.119 is proposed to designate
a new nonstatutory boll weevil eradication zone consisting of the counties
in the Texas Lower Rio Grande Valley which are not included in another established
boll weevil eradication zone, in order to allow cotton producers in the proposed
area an opportunity to establish a manageable, efficient eradication program
that meets the local needs of producers. The repeal of §3.300 is proposed
to eliminate an unnecessary section. Glassock County is now included as part
of the St. Lawrence Boll Weevil Eradication Zone, which has recently voted
in an eradication program. New §3.119 establishes the Lower Rio Grande
Valley Boll Weevil Eradication Zone consisting of all of Brooks, Cameron,
Hidalgo, Jim Hogg, Kenedy, Maverick, Starr, Webb, Willacy, and Zapata counties.
A grower referendum will be conducted to determine whether or not a boll weevil
eradication program and assessment will be approved in the area proposed as
the Lower Rio Grande Valley Zone. The repeal of §3.300 eliminates this
section, which transferred Glassock County from the St. Lawrence Boll Weevil
Eradication Zone to the Permian Basin Zone.
Brian Murray, special assistant for producer relations, has determined
that for the first five-year period the new section and repeal are in effect,
there will be no fiscal implications for state or local government as a result
of enforcing or administering the new section or the repeal. Costs of administering §3.119
will be borne by the Texas Boll Weevil Eradication Foundation. Should the
Lower Rio Grande Valley Boll Weevil Eradication Zone become active upon grower
referendum, producer, state and federal funds will be utilized in active eradication.
Amounts are not determinable at this time, as no formal budget has been developed.
Mr. Murray also has determined that for each year of the first five years §3.119
is in effect the public benefit anticipated as a result of enforcing the section
will be to allow the area to vote on a Boll Weevil Eradication program thus
allowing the potential that the entire Lower Rio Grande Valley will be under
active eradication. The public benefit of the repeal of §3.300 will be
the elimination of unnecessary rules. There will be an economic effect on
micro-businesses or small businesses and/or to persons acting as cotton growers
who are required to comply with new §3.119. The cost to these entities
will be dependent upon the maximum grower assessment approved by cotton growers
in the zone. There will be no economic effect on micro-businesses or small
businesses and/or to persons acting as cotton growers who are required to
comply with the repeal of §3.300.
Comments on the proposal may be submitted to Brian Murray, Special Assistant
for Producer Relations, Texas Department of Agriculture, P. O. Box 12847,
and Austin, Texas 78711. Comments must be received no later than 30 days from
the date of publication of the proposal in the
Texas
Register
.
Subchapter E. CREATION OF ERADICATION ZONES
4 TAC §3.119
The new section is proposed under the Texas Agriculture Code, §74.120,
which provides the commissioner of agriculture with the authority to adopt
rules to carry out the purposes of Chapter 74; §74.1042, which provides
the commissioner of agriculture with the authority to designate by rule an
area of the state as a proposed boll weevil eradication zone.
The code affected by the proposal is the Texas Agriculture Code, Chapter
74, Subchapter D.
§3.119.Lower Rio Grande Valley Boll Weevil Eradication Zone.
The Lower Rio Grande Valley Boll Weevil Eradication Zone shall consist
of the following area: all of Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy,
Maverick, Starr, Webb, Willacy, and Zapata counties.
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 28, 2004.
TRD-200403614
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 11, 2004
For further information, please call: (512) 463-4075
4 TAC §3.300
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Agriculture or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Agriculture
Code (the code), §74.120, which provides the commissioner of agriculture
with the authority to adopt rules to carry out the purposes of Chapter 74;
and §74.108, which provides the commissioner of agriculture with the
authority to transfer by rule an area from one boll weevil eradication zone
to another.
The code affected by the proposal is the Texas Agriculture Code, Chapter
74, Subchapter D.
§3.300.Glassock County.
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 28, 2004.
TRD-200403615
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 11, 2004
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) proposes amendments
to §20.1, §20.3, §20.10, §20.16, §20.20 and §20.22,
concerning cotton pest control regulations. The amendments are being proposed
with the intent to clarify certain terminology and formalize current practices.
Terms in §20.1 have been eliminated or modified for clarification purposes.
Language has been added to §20.3(b)(1) related to violations and enforcement
actions to provide for current department practices and procedures. The scientific
name of the boll weevil has been corrected in §20.10. In §20.16,
the exceptions to restrictions are clarified. The boundaries for Zone 2, Areas
3 and 4, are being amended in §20.20(b)(4) in response to a request from
that zone's Cotton Producers Advisory Committee (CPAC). Stalk destruction
requirements in §20.22(a) for Zone 9 are being changed at the request
of their CPAC to require only shredding and to establish a stalk destruction
deadline of February first. The graphic containing the stalk destruction deadlines
has been simplified by the deletion of planting dates, which are not set for
many zones and are not used for regulatory purposes.
Language in §20.22 related to alternative methods of destruction has
been eliminated because past rule changes have set non-hostability as the
standard for destruction in zones 1-8, a change that makes this option irrelevant
for those zones. Any alternative methods of destruction in zones 9 and 10
will be considered by the CPAC and appropriate rule changes can be made at
that time. In §20.22(b)(6), re-growth is included as a basis for individual
extensions for cotton that had been previously brought into compliance with
stalk destruction requirements.
The department is proposing a new §20.22(c) to provide for current
department practices and procedures. This new section gives the department
the option of suspending enforcement activities in any zone, area, or county
when weather or other conditions (including possible homeland security issues)
temporarily prevent enforcement activities. Changes in §20.22(d) are
made to clarify the cut-off date for the accrual of penalties.
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 and local
governments as a result of administering or enforcing the rules, as proposed.
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 sections will be to provide cotton
stalk destruction dates more appropriate to local growing conditions, increasing
compliance and streamlining extension procedures. The amendments also benefit
the public by minimizing the risk of artificial re-infestation of a restricted
area 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.
Subchapter A. GENERAL PROVISIONS
4 TAC §20.1, §20.3
The amendments 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 §74.122, which provides the department
with the authority to adopt rules relating to quarantining areas of Texas
that are infested with the boll weevil, including rules addressing the storage
and movement of regulated articles into and out of a quarantined area.
The code that is 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)
[
(2)
[
(3)
[
(4)
[
(5)
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(6)
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(7)
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(8)
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(9)
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(10)
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(11)
[
(12)
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(13)
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(14)
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(15)
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(16)
[
(17)
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(18)
[
(19)
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(20)
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(21)
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(22)
[
(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.
(23)
[
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
§20.3.Violations and Enforcement Actions.
(a)
(No change.)
(b)
Enforcement Actions.
(1)
The department may direct any means of conveyance containing
plants, plant products, or other items susceptible to cotton pest contamination
to an authorized inspection point for treatment or reinspection prior to entering
a restricted area.
To minimize the risk of contamination of a restricted
area by such means of conveyance discovered or apprehended in restricted areas,
the department may seize and maintain control over the means of conveyance
and it's relevant contents until the department is satisfied that they are
safely decontaminated or that they no longer pose a threat to the quarantine.
Any costs associated with such decontamination (including the cost of decontamination,
transportation of the means of conveyance, destruction of contaminated materials,
and special materials that the department may deem necessary to prevent regulated
materials from leaving the means of conveyance) are the responsibility of
the violator(s).
(2)
(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 May 28, 2004.
TRD-200403635
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 11, 2004
For further information, please call: (512) 463-4075
4 TAC §20.10, §20.16
The amendments 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 §74.122, which provides the department
with the authority to adopt rules relating to quarantining areas of Texas
that are infested with the boll weevil, including rules addressing the storage
and movement of regulated articles into and out of a quarantined area.
The code that is affected by the proposal is the Texas Agriculture Code,
Chapter 74.
§20.10.Quarantined Pest.
The quarantined pest is the boll weevil, Anthonomus grandis
Boheman
[
§20.16.Restrictions.
(a) - (b)
(No change.)
(c)
Exceptions. The following are exceptions to the restrictions
in subsection (a) of this section:
(1)
Cotton harvesting equipment and other equipment associated
with the production and transport of cotton as well as used gin equipment,
otherwise prohibited from movement by these rules, may be moved to or through
a restricted area provided the equipment is free of
hostable material,
seed cotton
[
(A)
physical removal of hostable material
and seed cotton
including, but not limited to, the following methods:
(i) - (iii)
(No change.)
(B)
(No change.)
(2) - (3)
(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 May 28, 2004.
TRD-200403636
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 11, 2004
For further information, please call: (512) 463-4075
Subchapter G. TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE
Chapter 20.
COTTON PEST CONTROL
(1)
Alternative method of destruction-Any
means other than the specified method of cotton stalk destruction for a designated
zone mentioned in §20.22 of this title (relating to Stalk Destruction
Requirements).]
(2)
] Certificate--A phytosanitary
certificate issued by an authorized representative of the department allowing
the movement of plants or plant products, or a document issued by an authorized
representative of the department allowing the movement of equipment or vehicles.
(3)
] Certified Cotton Producer
Organization--An organization approved and certified under the requirements
established by the National Cotton Council.
(4)
] Compliance agreement--A written
agreement signed by a person engaged in growing, distributing, handling or
moving regulated articles whereby, he or she agrees to comply with conditions
specified in the agreement concerning the basis upon which a certificate may
be issued for movement of regulated articles or for the purposes of compliance
with applicable rules.
(5)
] Cotton--
Any
[
All
] parts of cotton
or
[
and
] wild cotton plants
; this definition includes all members
of the genera Gossypium and
Thurberia.
(6)
] Cotton destruction date--The
date established in this chapter for the destruction of cotton stalks.
(7)
] Cotton lint--All forms of
raw ginned cotton except linters and gin waste.
(8)
] Cotton products--Seed cotton,
cotton lint, linters, oil mill waste, gin waste, squares, bolls, gin trash,
cotton seed, cottonseed hulls, and all other forms of unmanufactured cotton
fiber.
(9)
] Cotton seed--The seed of the
cotton plant, separated from lint.
(10)
] Destroyed, or destruction--Killed
(including
[
by cutting or dislodging the roots, burying the entire
plant, or by an alternative method which completely kills
] the leaves,
stems, flowers, fruit, and roots
) or rendered non hostable.
[
of the plant. Applicable to Zones 9 and 10.
]
(11)
] Eradicated area--An area
apparently free of boll weevil or, for which scientific documentation acceptable
to the department has been provided that indicates that no boll weevils were
captured for a period of at least one cotton growing season by weevil pheromone
traps operated by the Texas Boll Weevil Eradication Foundation or other governmental
agency.
(12)
] Eradication area--A defined
area in which a boll weevil eradication program has been initiated.
(13)
] Foundation--The Texas Boll
Weevil Eradication Foundation, Inc.
(14)
] Functionally eradicated
area--An area meeting the trapping criteria for a suppressed area with no
confirmed evidence of boll weevil reproduction occurring in the area and no
oviposition in squares, 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 an average of 0.001 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.
(15)
] Gin motes--Short fragments
of unmanufactured cotton fiber removed from lint cleaners after ginning cotton.
(16)
] Gin trash--All material
produced during the cleaning and ginning of seed cotton, except lint, linters,
cotton seed, and gin waste.
(17)
] Gin waste--All forms of
unmanufactured waste cotton fiber resulting from the ginning of seed cotton,
including gin motes.
(18)
] Hostable
material
[
cotton
]--Cotton [
that has
] fruiting structures
such as buds, squares, flowers or bolls [
present
].
(19)
] Linters--Residual unmanufactured
cotton fiber separated from cottonseed after the lint has been removed.
(20)
] Non-hostable [
cotton-Cotton
]
--Refers to cotton
that is free of fruiting structures
such as buds, squares, flowers or bolls [
in Zones 1 - 8
].
(21)
] Oil mill waste--Waste products,
including linters, derived from the milling of cottonseed.
(22)
] 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)
] 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:
(24)
] Regrowth cotton--Cotton
that has not been completely destroyed in such a way as to absolutely prevent
further growth.
(25)
] Restricted Area--An area
designated as suppressed, functionally eradicated, or eradicated of boll weevils,
as those terms are defined in this section.
(26)
] Seed cotton--All forms of
un-ginned cotton from which the seed has not been separated.
(27)
] Stalk puller--An implement
which dislodges the roots of cotton plants by pulling up the stalks.
(28)
] Standing stalks--Original,
undestroyed cotton plants growing in a field before or after harvesting.
(29)
] 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)
] Trap--type of adult boll
weevil pheromone trap approved by the Texas Boll Weevil Eradication Foundation.
(31)
] Treatment--The act of eliminating
possible cotton pest infestation(s) by means of cleaning, spraying or fumigation
to eliminate the infestation.
(32)
] 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.
Subchapter B. QUARANTINE REQUIREMENTS
Boheman
], in any living
stage of development.
cotton products
] and boll weevils in any stage
of development or treated in one of the following manners:
Subchapter C. STALK DESTRUCTION PROGRAM