Notice of Public Hearings (August 2018)

The New Mexico Department of Agriculture (NMDA) has scheduled rule hearings for:

  • Friday, Aug. 10, 2018 at 9 a.m. at the New Mexico Department of Agriculture, located at 3190 S. Espina, Las Cruces, NM, on the corner of Espina and Gregg
  • Monday, Aug. 13, 2018 at 2:30 p.m. at the Agnes Kastner Community Center, located at 200 E. Park St, Hobbs, NM
  • Tuesday, Aug. 14, 2018 at 9 a.m. at the Artesia Public Schools Administrative Office, located at 301 Bulldog Boulevard, Artesia, NM

Formal hearings will be held to receive public input on the newly developed rule 21.17.36 NMAC – Pecan Weevil Interior Quarantine.

Purpose:

Pecan Weevil is considered the most significant insect pest of pecan producers.  Previous periodic introductions of pecan weevil into New Mexico have triggered grower specific quarantines and eradication procedures.  Pecan weevil was recently confirmed in approximately 200 residential pecan trees in several eastern New Mexico pecan growing counties and several commercial pecan orchards.  This recent widespread establishment of pecan weevil in eastern New Mexico’s residential areas has dictated a more comprehensive approach to maintaining New Mexico’s Pecan weevil-free status.  In order to address the pecan weevil infestation the department proposes the establishment of an interior quarantine.

Rule Summary: Pecan Weevil Interior Quarantine establishes quarantine areas, restrictions and treatment options on regulated articles, disposition protocol, and fees.

Legal Authority authorizing the rule:

Granted to the board of regents of New Mexico state university under the Pest Control Act, Chapter 76, Article 6, Sections 1 through 9, NMSA 1978 Compilation.

[7/1/97; 21.17.28.3 NMAC – Rn, 21 NMAC 17.28.3, 05/29/09]

Interested individuals may provide comments regarding the proposed rulemaking actions at the rule hearing and/or submit written comments via email at comments@nmda.nmsu.edu. Written comments must be received no later than 5 p.m. on Aug. 14, 2018. The submission of written comments as soon as possible is encouraged. Persons offering written comments at the meeting must have 2 copies for the hearing officer.

Below is the full text of the proposed rules. The full text of the proposed rules is also available at the New Mexico Department of Agriculture located at 3190 S. Espina, Las Cruces, NM 88003.

If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Department at (575) 646-3702 at least one week prior to the meeting or as soon as possible.

TITLE 21             AGRICULTURE AND RANCHING
CHAPTER 17     PEST, DISEASE, AND WEED CONTROL
PART 36              PECAN WEEVIL INTERIOR QUARANTINE

 21.17.36.1             ISSUING AGENCY:  New Mexico State University, New Mexico Department of Agriculture, MSC, 3189, Box 30005, Las Cruces, New Mexico 88003-8005, Telephone No. (575) 646-3007.

[21.17.36.1 NMAC – N, xx/xx/2018]

21.17.36.2             SCOPE:  Part 36 of Chapter 17 applies to all person(s) transporting regulated articles from infested counties in New Mexico to New Mexico pecan weevil-free counties.

[21.17.36.2 NMAC – N, xx/xx/2018]

21.17.36.3             STATUTORY AUTHORITY:  Granted to the board of regents of New Mexico state university under the Pest Control Act, Chapter 76, Article 6, Sections 1 through 9 NMSA 1978 compilation and the Pecan Act, Chapter 76, Article 16, Sections 1 through 9, NMSA 1978 compilation.

[21.17.36.3 NMAC – N, xx/xx/2018]

21.17.36.4             DURATION:  March 1, 2023

[21.17 36.4 NMAC – N, xx/xx/2018]

21.17.36.5             EFFECTIVE DATE:  November 1, 2018

[21.17.36.5 NMAC – N, xx/xx/2018]

21.17.36.6             OBJECTIVE:  The objective of Part 36 of Chapter 17 is to establish an interior quarantine to restrict the transportation of pecan weevil from quarantined areas to non-quarantined areas in New Mexico.

[21.17.36.5 NMAC – N, xx/xx/2018]

21.17.36.7             DEFINITIONS:

  1. “Board” means the board of regents of New Mexico state university or any officer whom authority to act in their stead has been or hereafter may be delegated.
  2. “Certificate” means a document issued or authorized by the director with specific declarations related to the treatment, handling, transportation, condition or other processes related to regulated articles.
  3. “Compliance Agreement” means a document issued or authorized by the director that outlines/identifies specific requirements related to the transportation, treatment, handling or processes related to regulated articles.
  4. “Department” means the New Mexico department of agriculture and authorized staff.
  5. “Director” means director secretary of New Mexico department of agriculture.
  6. “Infested” means reasonable expectation that regulated articles may harbor pecan weevil.
  7. “Originating” means produced within or having spent sufficient time in a quarantined area to be believed to be at risk of being infested.
  8. “Pecan weevil” means any live developmental stage or synonym of curculio caryae (horn) including adult, pupae, larvae, or egg.
  9. “Regulated article” means pecan weevil, plant tissue, equipment, trailers, or any other item capable of or having a reasonable expectation of harboring pecan weevil. Including in-shell pecans; sacks used in harvesting, storage, transporting or storing of in-shell pecans; harvesting equipment; live trees or parts thereof with soil attached; hulls, husks, and fragments of hull.

[21.17.36.7 NMAC – N, xx/xx/2018]

21.17.36.8             QUARANTINE AREAS:  The following counties are quarantined areas: Eddy, Lea, and Chaves counties.  The director may make changes to the quarantine status of a county by issuing an emergency quarantine, amendment of this rule, or the promulgation of a new quarantine rule.

[21.17.36.8 NMAC – N, xx/xx/2018]

21.17.36.9             RESTRICTIONS ON REGULATED ARTICLES:  To prevent the spread of pecan weevil in New Mexico, the board hereby orders and declares regulated articles cannot be transported out of quarantined areas, except under the following conditions:

  1. Transportation of in-shell pecans, hulls, husks, shell fragments, containers associated with the harvesting, transportation, or storage of in-shell pecans originating in quarantined counties to or through non-quarantined areas in New Mexico shall be allowed as follows:

(1)           Accompanied by a certificate of treatment, issued by an authorized representative of the department, for each shipment of regulated articles, certifying treatment under official supervision or agreement prior to transporting out of the quarantined area.  Acceptable treatments are prescribed under 21.17.36.11 (A-C) NMAC.  The certificate must include contact information for pecan owner, shipment amount, date, treatment method, destination address and name.

(2)           Transported in enclosed trailers or other containers approved by the director and transported directly to a facility/location approved by the director and that is capable of providing the treatment(s) as defined under 21.17.36.11 (A-C) NMAC.

(3)           Transportation of regulated articles, using alternative methods, may be approved under a compliance agreement issued by the director.

  1. Transportation of regulated articles not identified in Subsection A of 21.17.36.9 NMAC including equipment and supplies, originating in quarantined area, to or through non-quarantined areas in New Mexico will be allowed following inspection and issuance of a certificate that identifies regulated articles as not being infested.

[21.17.36.9 NMAC – N, xx/xx/2018]

21.17.36.10           DISPOSITION OF VIOLATIONS:  Any regulated article transported in New Mexico that is in violation of this rule will be subject to immediate quarantine and treatment or otherwise disposed of as necessary to prevent the spread or establishment of pecan weevil in non-quarantined areas in New Mexico.  All treatment or disposal will be at the expense of the owners or agents and under the direction of the department.

[21.17.36.11 NMAC – N, xx/xx/2018]

21.17.36.11          TREATMENT OF REGULATED ARTICLES:  Individuals or businesses must be approved by the director prior to receiving in-shell pecans or other regulated articles for treatment.  Compliance agreements will be issued to those individuals or business demonstrating the capabilities to provide treatment using one of the following methods:

  1. Storage in an approved cold storage chamber at or below zero degrees Fahrenheit for a period of seven consecutive days (168 hours) after the entire lot reaches zero degrees Fahrenheit; or
  2. Immersion in hot water for a period of five minutes after-reaching a temperature of 140 degrees Fahrenheit; or
  3. Other treatment methods may be approved under a compliance agreement issued by the director.

[21.17.36.12 NMAC – N, xx/xx/2018]

21.17.36.12          FEES: Certificates, special inspections or other requested services provided by the department will be subject to fees as authorized under Sections 1 through 9 of 21.1.2 NMAC.

[21.17.36.13 NMAC – N, xx/xx/2018]

21.17.36.13           LIABILITY DISCLAIMER:  The board and the department disclaims liability for any costs incident to inspection or compliance with the provisions of this rule.

[21.17.36.14 NMAC – N, xx/xx/2018] 

21.17.36.14           ADDITIONAL LAWS AND REGULATIONS: All regulated articles are further subject to the provisions of any other law, regulation, or regulatory order of the state of New Mexico or the United States department of agriculture now in effect or which may hereafter be promulgated.

[21.17.36.15 NMAC – N, xx/xx/2018]

HISTORY OF 21.17.36 NMAC:  [RESERVED]

Print This Page Print This Page