PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
SUBCHAPTER J. RED IMPORTED FIRE ANT QUARANTINE
The Texas Department of Agriculture (the department) adopts an amendment to §19.101(b), concerning the department's Red Imported Fire Ant Quarantine, with changes to the proposed text as published in the March 20, 2009, issue of Texas Register (34 TexReg 1933). The amendment is adopted in order to expand the quarantined area for the red imported fire ant, Solenopsis invicta Buren. The department adopted an amendment to §19.101 on an emergency basis on November 5, 2008, as published in the November 21, 2008, issue of the Texas Register (33 TexReg 9355), which expired on March 4, 2009. The department filed a revised emergency quarantine on March 6, 2009, as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1931), which was the same as the November 5, 2008, submission, except that only the fire ant-infested portion of the City of Lubbock was quarantined instead of all of Lubbock County. The proposal has been changed to correct an error. In the proposal, at subsection (b), Highway 289 to the North was erroneously used to define the northern boundary of the quarantined area. The northern boundary has been changed to Ursuline Street, the correct boundary, in this adoption.
The amendment, as adopted, adds Archer, Baylor, Callahan, Clay, Coke, Coleman, Concho, Crane, Crockett, Fisher, Haskell, Howard, Irion, Martin, Mitchell, Nolan, Reagan, Runnels, Schleicher, Scurry, Shackelford, Starr, Terrell, Throckmorton, Ward, Wilbarger, Winkler and Upton counties to the list of quarantined areas, thereby restricting the movement of quarantined articles when transported from these counties to fire ant-free areas. In the City of Lubbock, Texas AgriLife Research and Extension Center and the county commissioners have been proactive in containing and controlling the limited fire ant infestation at the central portion of the City of Lubbock through pesticide treatment of and community outreach efforts. That portion of the City of Lubbock located within Highway 27 to the East, Ursuline Street to the North, Milwaukee Street to the West and 98 Street to the South are quarantined.
The amendment to §19.101 expands the quarantined area in correspondence with the detection of the red imported fire ant outside the current quarantined area.
Public hearings on the proposed rule were held on April 13, 2009 at Lubbock and on April 17, 2009 at San Angelo, Texas. No oral or written comments were received on the proposal.
The amendment is adopted under the Texas Agriculture Code, §71.001, which authorizes the department to establish a quarantine against the infested area within the state against 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.
§19.101.Quarantined Areas.
(a) The department hereby adopts by reference as quarantined areas those counties in Texas, or portions thereof, listed as regulated areas in the most current federal imported fire ant quarantine as adopted by the United States Department of Agriculture, and found at 7 Code of Federal Regulations 301.81-3. A copy of the regulation may be obtained at the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.
(b) In addition to the areas described in subsection (a) of this section, Archer, Baylor, Brooks, Brown, Cameron, Callahan, Clay, Coke, Coleman, Concho, Crane, Crockett, Delta, Dimmit, Duval, Ector, Fisher, Haskell, Hidalgo, Howard, Irion, Jack, Jones, Kenedy, Kimble, Kinney, Lamar, La Salle, Mason, Martin, Maverick, McCulloch, Midland, Mills, Mitchell, Montague, Nolan, Palo Pinto, Reagan, Red River, Runnels, San Saba, Schleicher, Scurry, Shackelford, Starr, Stephens, Terrell, Throckmorton, Upton, Val Verde, Ward, Webb, Wilbarger, Willacy, Winkler, Young, and Zavala counties in Texas, and the area of the City of Lubbock located within Highway 27 to the East, Ursuline Street to the North, Milwaukee Street to the West and 98 Street to the South are quarantined.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 1, 2009.
TRD-200901633
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: May 21, 2009
Proposal publication date: March 20, 2009
For further information, please call: (512) 463-4075