4 TAC §19.161
The Texas Department of Agriculture (the department) proposes
amendments to §19.161, concerning a quarantine for the Diaprepes root
weevil,
Diaprepes abbreviatus
(L). The amendments
are made 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 part of
this effort, Tedder traps are deployed in both the quarantined area and the
area adjacent to the quarantined area, and monitored weekly. Of the 269 traps
currently in use, 124 are deployed outside the quarantined area. Seventeen
adults of Diaprepes were detected outside the quarantined area, a majority
in August - November of 2005. Of the 17 adults, nine were detected in and
around the Timberhill Mobile Park and 8 in and around Plaza del Lagos. As
a result of the detections, the department adopted on an emergency basis on
December 2, 2005, the proposed 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, as proposed, enhances chances for a successful eradication
since it prevents artificial spread of the quarantined pest into other citrus
and nursery growing areas of Texas.
Amended §19.161 expands the quarantined area in correspondence with
the detection of the Diaprepes root weevils outside the current quarantined
area.
Dr. Shashank Nilakhe, state entomologist, has determined that for the first
five-year period the proposed amendments are in effect, there is no anticipated
fiscal impact on state or local government as a result of administration and
enforcement of the amended section, as proposed.
Dr. Nilakhe has also determined that for each year of the first five years
the proposed amendments are in effect, the public benefit anticipated as a
result of enforcing the amended section will be that the amendments will assist
in eradication of the pest and prevention from it becoming widespread. Treatments
to eradicate the quarantined pest will be required in those areas identified
in the quarantine, as amended. The department will contract with a commercial
applicator to make the required treatments in dooryards, and treatments to
groves will be handled through a cooperative effort with Texas Citrus Mutual.
There will be no costs to individuals, microbusinesses or small businesses
required to comply with the amended section.
Comments on the proposal may be submitted to Dr. Shashank Nilakhe, State
Entomologist, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
78711. Comments must be received no later than 30 days from the date of publication
of the proposal in the
Texas Register
.
The amendments to §19.161 are proposed 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.
The Texas Agriculture Code, Chapter 71, is affected by this proposal.
§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, Hidalgo 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 Valley Regional Office, 900-B, East Expressway, San Juan,
Texas 78589.
(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 January 12, 2006.
TRD-200600216
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: February 26, 2006
For further information, please call: (512) 463-4075