Comment from Nancy K. Osterbauer & James Cramer, Oregon Department of Agriculture

8 November 2007 Docket No. APHIS-2006-0143 Regulatory Analysis and Development PPD, APHIS, Station 3A-03.8 4700 River Road unit 118 Riverdale, MD 20737-1238 Thank you for the opportunity to provide input on the Potato Cyst Nematode; Quarantine and Regulations. The potato industry is an important part of Oregon agriculture accounting for $128.8 million in gross sales and ranking 5th in the nation for production in 2005. As a State that neighbors Idaho and has close agricultural ties particularly on our eastern border, we are very concerned about the pale potato cyst nematode find and the associated federal regulations. We hope our comments on the proposed regulations prove useful. The pest's common name. Potato cyst nematode is being used as a specific term to refer to Globodera pallida in the federal regulations. However, it is also commonly used as a generic term to refer to all cyst-forming nematodes that attack potato. For example, G. rostochiensis and G. pallida are both called potato cyst nematodes with the former called the golden potato cyst nematode and the latter the pale potato cyst nematode. We suggest using pale potato cyst nematode as the common name for G. pallida. The generic term of potato cyst nematode has led to confusion when speaking with growers, commodity commissions, and the media about this pest. Designation of quarantine area. While we applaud APHIS taking a novel approach to designating a quarantine area (Section 301.86-3), the approach is only as good as the specific information available describing the quarantine area. The maps shown on the web site listed in the regulation's text are not user friendly. It is exceedingly difficult to determine where the quarantine area is based on the information given. Also, we are concerned about referring to a web site for the quarantine maps. Web addresses change, sometimes with alarming frequency. Once that particular web address is in rule, how will APHIS ensure that it never changes for the life of the rule? Finally, within our State, our Department of Justice has advised us that referring to a mutable document (e.g., the quarantine map on the web site) in a quarantine regulation could be more easily subjected to challenge in court. APHIS may want to check with their legal branch to ensure this approach would be defendable in a court of law. Garden and dry beans and peas. Why are Phaseolus spp. and Pisum spp. listed as regulated articles (Section 301.86-2(d))? We can find no reference that shows these genera are hosts for G. pallida. Is this because they are a rotation crop for potato growers in those parts of Idaho? Also, why do hay, straw, and fodder have options (Section 301.86-5(5)) for moving product out of the quarantine area, but beans and peas do not? APHIS should explain why these non-hosts are considered regulated articles and why there are no options for moving them out of the quarantine area. Certification requirements for potatoes and root crops for consumption. There appears to be a weakness in the certification requirements for potatoes and root crops for consumption (Section 301.86-5(3)). With one modification, the requirements are basically the same as for nursery stock of host or non-host stock with soil attached. That modification requires any surveys for G. pallida take place prior to the potato or root crop planting. However, there are no requirements for planting seed certified as free of potato cyst nematodes. This may seem like a minor point, but the planting of uncertified seed could be a potential source of introduction of a quarantine pest such as G. pallida to the field. We encourage APHIS to consider adding this requirement. Interstate movement of potatoes from the quarantine area. Section 301.86-5(b)(2) allows for the interstate movement of potatoes for processing and fresh packing from the quarantine area under limited permit. We would like APHIS to add a requirement that receiving states be notified of any such shipments made. Such shipments are notorious for carrying large amounts of soil as a contaminant. Receiving states should have the option of testing this soil for G. pallida; Notification of shipments would be required to enable this testing. This section also states that the processing and packing facilities need to handle the potatoes and associated waste "in a manner approved by APHIS". Receiving states should be involved in the assessment of the handler's process. We often have intimate knowledge of these businesses and could help provide a more thorough review. Finally, Oregon would prefer that potatoes intended for fresh packing not come into our state from the regulated area. This is because fresh packing facilities often have a difficult time managing the waste from their operations. The associated risk is too high for our comfort level. We thank you for the opportunity to comment on Docket No. APHIS-2006-0143, Potato Cyst Nematode; Quarantine and Regulations. We look forward to seeing the protocols APHIS has in development regarding eradicating the pest and removing associated fields from quarantine. We hope our comments prove useful. Please contact either one of us if you have any questions. Sincerely, Nancy K. Osterbauer, Ph.D. Plant Health Program Manager Commodity Inspection Division Oregon Department of Agriculture Ph: 503-986-4666 Fax: 503-986-4737 nosterba@oda.state.or.us http://egov.oregon.gov/ODA James Cramer Commodity Inspection Division Administrator Oregon Department of Agriculture Ph: 503-986-4620 Fax: 503-986-4737 jcramer@oda.state.or.us http://egov.oregon.gov/ODA