PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
SUBCHAPTER P. DIAPREPES ROOT WEEVIL QUARANTINE
The Texas Department of Agriculture (the department) adopts on an emergency basis, an amendment to §19.161 in order to expand the quarantined area for the Diaprepes root weevil, Diaprepes abbreviatus (L). An observant grove care manager alerted the Texas A&M University Kingsville Citrus Center scientists about declining citrus trees in a 3-acre grapefruit grove near Bayview, Texas. During September 31, 2008 - October 1, 2008, the scientists discovered seven larvae and four adults of the Diaprepes root weevil during examination of the citrus trees at this grove. In addition, one Diaprepes root weevil adult was discovered on October 2, in a trap deployed in the adjoining 4-acre grapefruit grove. Since detection of the Diaprepes root weevil in 2001 at McAllen, Texas, the department has established a quarantine surrounding the detection to prevent spread of this pest to other areas of Texas and facilitate eradication. The Bayview detection is approximately 46 miles from the initial detection at McAllen and the origin of the former infestation remains unknown. The amended section is adopted on an emergency basis to prevent further spread of the Diaprepes root weevil and facilitate its eradication.
The department believes that it is necessary to take this immediate action to prevent the spread of the Diaprepes root weevil into the nearby citrus groves and nurseries and in other citrus and nursery growing areas of Texas, and that the adoption of this amended section on an emergency basis is both necessary and appropriate. There is an imminent peril to the citrus and nursery industries because without this emergency amendment and treatment of the infestation, other states will most likely quarantine Texas. As a result, Texas could lose important export markets and would require regulatory treatments to export nursery stock, resulting in increased production costs to producers. In addition, citrus producers will be faced with the added control cost and the losses caused by this pest. The amended section enhances chances for a successful eradication since it prevents artificial spread of the quarantined pest and provides for its elimination, thus protecting the industry.
Amended §19.161 expands the quarantined area in correspondence with the detection of the Diaprepes root weevils outside the current quarantined area. The department may propose adoption of this rule amendment on a permanent basis in a separate submission.
The amended section is 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.
§19.161.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, Hidaldo County, Edinburg, Texas and the surrounding
area within approximately 300 yards in all directions; and the
two adjoining citrus groves located south of the intersection of the
Calle Conejo and Chachalaca Drive in Cameron County, Bayview, Texas,
and the area within approximately 300 yards surrounding the groves
in all directions; and
(B) - (C) (No change.)
(2) (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 October 13, 2008.
TRD-200805396
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective Date: October 13, 2008
Expiration Date: February 9, 2009
For further information, please call: (512) 463-4075