STATE OF WASHINGTON DEPARTMENT OF AGRICULTURE P.O. Box 42560 • Olympia, Washington 98504-2560 • (360) 902-1800 Concise Explanatory Statement for amendments to Chapter 16-470 WAC Quarantine – Agricultural Pests The Washington State Department of Agriculture (WSDA) held a hearing on May 11, 2021 to accept testimony on its proposal to amend chapter 16-470 WAC. Due to the mandated social distancing requirements in place during the COVID-19 pandemic, the hearing was held solely over video and teleconference. Proposed amendments to chapter 16-470 WAC include adding all species in the genus Vespa (hornet) to the list of quarantined pests. Under the proposed amendment, additional restrictions would apply to “infested sites,” defined as all real property within 20 meters of a nest containing any live life stage of hornet. WSDA will attempt to notify occupants and/or owners of those properties that their property has been designated as an infested site. When an infested site has been designated, no person may enter the area without authorization until WSDA has deemed it clear of infestation. This limits the risk to public health and safety, as well as prevents further infestation. The rule clarifies that WSDA inspectors may enter infested sites to remove and treat the nest and hornets. A special permit would be established under the proposed amendment, which would allow for the possession of live hornets for research purposes. Reasons for Adopting the Rule Hornets pose a direct and indirect risk to agricultural crops in Washington State. They have been known to feed on fruit such as pears, peaches, plums, grapes, berries, and apples making the fruit unfit for human consumption. Hornets attack honey bees and native insect populations. Managed honey bees and native insects are important pollinators that are vital to the production of agriculture. Many crops within the state, such as fruits, vegetables, and crops for livestock feed, depend on these pollinating insects for reproduction. Pollination also contributes to higher crop yields, making pollinators economically valuable to Washington’s agricultural industry. If hornets were to become established within the state, there could be dire economic and ecological impacts. Hornets can pose a risk to human health. The venom in their sting can be toxic and unlike bees, they can sting repeatedly. A sting from a hornet can cause substantial pain, as well as tissue damage. In some extremely rare cases, death can also occur. Although hornets don’t generally 5/27/2021 target people, they can attack when threatened. Hornets eat ripe fruit, which could put fruit harvesters at a higher risk of getting stung. International and interstate shipping has led to a greater potential for the distribution of hornets into the state. Mated queens often seek sheltered locations in which to undergo diapause (a dormant period). These locations are sometimes on items that are transported, making it easier for the species to spread to new areas. In the past few years, multiple detections have occurred, with Oriental hornet (Vespa orientalis) being found in Washington in 2010, Vespa tropica was detected in Guam in 2016, and Vespa soror was found in neighboring Vancouver, B.C. in 2019. There were multiple detections of Asian giant hornet (Vespa mandarinia) in Washington and Vancouver, B.C. in 2019 and 2020. Also in 2020, Vespa crabro was detected in B.C. and Oregon. Certain hornet species have a greater likelihood of becoming established once introduced into the state. This is due to Washington’s climate and other environmental factors which result in a suitable habitat. For some hornet species, there is a lack of scientific information available. However, there are characteristic traits that all hornets possess, making it prudent to establish a quarantine against all hornet species. No species of hornet are native to Washington State and managing an invasive population once it is established is challenging and costly. Any hornet introduction could upset the state’s ecosystem in a number of ways, including spreading new pathogens and parasites to native wasps, bees, and yellowjackets. Creating a quarantine for all species of hornet will allow the department to monitor and eradicate any potential introduction. Summary of Comments and the Department’s Response The public comment period ran from April 7, 2021, until the close of business on May 11, 2021. During that time, ten written comments were received regarding the proposed amendments. One oral comment was received. The following summarizes the testimony: Justin Bush, representing the Washington State Invasive Species Council, submitted oral comment in support of the proposed amendments. Mr. Bush stated, “The council was established by the state legislature in 2006 to provide policy level direction, planning, and coordination to prevent invasive species as well as stop those that may get to Washington State. I’m here today to express strong support for this proposal to add all species in the genus Vespa to the list of quarantine pests. Exotic Vespa, such as the Asian Giant Hornet, pose a risk to Washington’s economy as well as its environment. More specifically, they pose a serious risk to agriculture, recreation, vulnerable pollinators, human health, as well as recreation. In invasive species management, the best course of action is to prevent something followed by containment when prevention fails. Prohibiting live life stages of hornet for being sold, distributed, or moved is imperative to addressing exotic hornets by preventing their introduction and their spread. Thank you for this opportunity to comment and reiterate the strong support of the Washington Invasive Species Council.” Response: Thank you for your support. John Leggatt, Jitka Vesela, and Julia Allen, submitted written comment in support of the proposed amendments. Response: Thank you for your support. Washington State Dept. of Agriculture Page 2 of 5 Gayle Janzen, submitted written comment in support of the proposed amendments. Ms. Janzen stated, “Please classify the Asian Giant Hornet, and all other harmful hornets in the state as quarantined pests. Please do whatever it takes to keep the AGH from taking over as our bees are already under siege so containing the Asian Giant Hornets has to be a high priority.” Response: Thank you for your support. Scott Elliston, submitted written comment in support of the proposed amendments. Mr. Elliston stated, “I believe fully that this new rule should be implemented. If the hornet gets a strong foothold in our area it could have catastrophic consequences for the honey bee, which already has enough problems. This will have an effect on the local farmers who grow produce for us to eat and live on. Nip it now.” Response: Thank you for your support. Rhiannon Allen, submitted written comment in support of the proposed amendments. Ms. Allen stated, “I heartily support placing the Asian giant hornet on the list of quarantined pests. Now is the time to prevent this insect from decimating our honey bee hives and having a serious impact on agriculture and food supplies. If this pest were to establish itself in Point Roberts, it could wipe out our population of feral and cultivated honey bees.” Response: Thank you for your support. Mill Shires, submitted written comment against the proposed amendments. Mr. Shires stated, “…What if the owners lived within 20 meters and are organic farmers/business or just in principle "no spray" advocates? Would the state just run over the top of them to kill the nest? Does the property owner lose their right to determine what products or methods are used? How soon after identified is the removal action? …By WSDA admission, they know of nobody selling or distributing hornets in WA. So, what is the need to pass another law saying it is prohibited if nobody is doing it? There is no issue, no history, no threat of people suddenly breeding and selling hornets. This measure/law is not needed. …Specifically, what hornet species other than the AGH not native to the U.S. are a threat, in what manner, is there actual documented destruction damage to agriculture by these other nebulous hornets, and are they located in Washington State? And how are you going to manage the 500,000 phone calls from people that have what they believe are maybe one of the 'bad' hornets demanding you come remove them? Response: The primary eradication method for removing a hornet nest does not use pesticides. Property owners that fall within the 20 meter restriction area will still have access to their property. This restriction is a safety precaution to reduce the risk to public safety and is not intended to impede access to a business. Typically, WSDA will remove a hornet nest as soon as possible. The time it takes to remove a nest is situational and depends on factors such as weather, the presence of obstructions, and the availability of equipment. Generally, removal should not take longer than two weeks. To date, only one hornet nest removal has taken place in the state and there was no impact to any businesses. Although WSDA did not identify any businesses currently selling hornets, the proposed amendment is a proactive measure to ensure live hornets are not sold in the future. In Washington State Dept. of Agriculture Page 3 of 5 other parts of the world, hornet larvae are consumed as a delicacy. There are recorded incidents of U.S. Customs intercepting individuals attempting to smuggle hornet brood into the country. No species of hornet are native to Washington State. Asian giant hornets (AGH) were recorded destroying managed honey bee hives in 2019. This is alarming as the AGH population is not yet well established in Washington. Fecal analysis has demonstrated that AGH are eating native insects such as Vespidae and Apis mellifera.