ATCP 21.21(1)(c) (c) “Infested area" means all of the following:
ATCP 21.21(1)(c)1. 1. The states of Arizona, California, Colorado, Idaho, Nevada, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Virginia, and Washington.
ATCP 21.21(1)(c)2. 2. Any state or country, or any delineated area within a state or country, which the responsible state agency has declared to be infested with thousand cankers disease.
ATCP 21.21(1)(d) (d) “Pest control official" is the same as defined in s. ATCP 21.01 (11).
ATCP 21.21(1)(e) (e) “Thousand cankers disease" means a pest complex, consisting of the walnut twig beetle Pityophthorus juglandis and the fungal pathogen Geosmithia morbida sp. Nov.
ATCP 21.21 Note Note: Information on areas with confirmed populations by the USDA can be found at: http://www.thousandcankerdisease.com/.
ATCP 21.21(2) (2)Knowingly Importing Plant Pest; Prohibition. No person may knowingly import the walnut twig beetle or the fungal pathogen Geosmithia morbida sp. Nov into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04.
ATCP 21.21(3) (3)Importing Materials From Infested Areas; Prohibition. Except as provided in sub. (4), no person may import any of the following materials into this state if those materials originate from or have been exposed to the environment in any infested area:
ATCP 21.21(3)(a) (a) Firewood from any species of tree.
ATCP 21.21(3)(b) (b) Living or dead plants or plant parts of the genus Juglans, including nursery stock, budwood, scionwood, green lumber, logs, stumps, roots, branches, composted chips, and uncomposted chips. This paragraph does not apply to any of the following:
ATCP 21.21(3)(b)1. 1. Nuts, nut meats, or nut hulls.
ATCP 21.21(3)(b)2. 2. Processed lumber, with square edges, which is 100% bark-free and kiln-dried.
ATCP 21.21(3)(b)3. 3. Finished wood products without bark, including furniture, musical instruments, and gun stocks made with walnut.
ATCP 21.21(4) (4)exemptions. Subsection (3) does not apply to any of the following:
ATCP 21.21(4)(a) (a) Material specified in sub. (3) (a) and (b) that are accompanied by a written certificate, signed by a pest control official in the infested area, which describes the materials and states at least one of the following:
ATCP 21.21(4)(a)1. 1. The materials have not been exposed to thousand cankers disease. The certificate shall explain the basis for the official's statement.
ATCP 21.21(4)(a)2. 2. The materials have been effectively treated to destroy thousand cankers disease. The certificate shall specify the date and method of treatment.
ATCP 21.21(4)(a)3. 3. The materials have been produced, processed, stored, handled, or used under conditions, described in the certificate, which effectively preclude the transmission of thousand cankers disease.
ATCP 21.21(4)(b) (b) Material imported in compliance with a written agreement, between the importer and the department, which includes all of the following:
ATCP 21.21(4)(b)1. 1. The name and address of the importer.
ATCP 21.21(4)(b)2. 2. The type and volume of material that may be imported under the agreement.
ATCP 21.21(4)(b)3. 3. The locations from which the material may be imported under the agreement.
ATCP 21.21(4)(b)4. 4. The names and addresses of the persons to whom, and the locations to which, the material may be imported under the agreement.
ATCP 21.21(4)(b)5. 5. The method by which the material may be imported.
ATCP 21.21(4)(b)6. 6. The time period covered by the agreement.
ATCP 21.21(4)(b)7. 7. The importer's commitment to keep complete records of each import shipment under the agreement, and to submit those records to the department for inspection and copying upon request.
ATCP 21.21(4)(b)8. 8. Specific import terms and conditions that will, in the department's opinion, effectively ensure that materials imported pursuant to the agreement will not introduce thousand cankers disease into this state.
ATCP 21.21(4)(b)9. 9. A provision authorizing the department to suspend the agreement, without prior notice, for any reason.
ATCP 21.21 History History: CR 11-001: cr. Register July 2011 No. 667, eff. 8-1-11; CR 13-063: am. (1) (c) 1. Register April 2014 No. 700, eff. 5-1-14; CR 14-047: am. (1) (c) 2. Register May 2015 No. 713, eff. 6-1-15.
ATCP 21.22 ATCP 21.22Mountain Pine Beetle; import controls and quarantine.
ATCP 21.22(1)(1)Definitions. In this section:
ATCP 21.22(1)(a) (a) “Bark" means all of the following:
ATCP 21.22(1)(a)1. 1. The exterior bark of a tree.
ATCP 21.22(1)(a)2. 2. Ingrown bark around knots in a tree.
ATCP 21.22(1)(a)3. 3. Bark pockets occurring between a tree's annual growth rings.
ATCP 21.22(1)(a)4. 4. All inner bark and phloem tissue adjacent to any bark under subds. 1. to 3.
ATCP 21.22(1)(b) (b) “Firewood" has the meaning contained in s. ATCP 21.01 (6p).
ATCP 21.22(1)(c) (c) “Infested area" means all of the following:
ATCP 21.22(1)(c)1. 1. The states of Arizona, California, Colorado, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, Wyoming, and the Canadian provinces of Alberta, British Columbia, and Saskatchewan.
ATCP 21.22(1)(c)2. 2. Any state or nation, or any delineated area within a state or nation, which the U. S. department of agriculture, U. S. forest service or respective state plant pest regulatory officials has declared infested with mountain pine beetle.
ATCP 21.22(1)(d) (d) “Pest control official" has the meaning given in s. ATCP 21.01 (11).
ATCP 21.22(2) (2)Knowingly Importing Plant Pest; Prohibition. No person may knowingly import living mountain pine beetles, Dendroctonus ponderosae Hopkins, into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04.
ATCP 21.22(3) (3)Importing materials from infested areas; prohibition. Except as provided in sub. (4), no person may import any of the following materials into this state if those materials originate from or have been exposed to the environment in any infested area:
ATCP 21.22(3)(a) (a) Firewood from any species of tree.
ATCP 21.22(3)(b) (b) Wood or plant parts of the genus Pinus, including dimensional lumber with bark attached, logs, stumps, and branches. This paragraph does not apply to any of the following:
ATCP 21.22(3)(b)1. 1. Processed lumber which is 100% bark-free or kiln-dried.
ATCP 21.22(3)(b)2. 2. Finished wood products without bark, including finished furniture, home furnishings, or building materials.
ATCP 21.22(3)(b)3. 3. Pine Christmas trees.
ATCP 21.22(3)(b)4. 4. Pine nursery stock.
ATCP 21.22(3)(b)5. 5. Pine bark mulch or pulpwood chips.
ATCP 21.22(4) (4)Exemptions. Subsection (3) does not apply to any of the following:
ATCP 21.22(4)(a) (a) Material specified in sub. (3) (a) and (b) that are accompanied by a written certificate, signed by a pest control official in the infested area, which describes the materials and states at least one of the following:
ATCP 21.22(4)(a)1. 1. The materials have not been exposed to the mountain pine beetle. The certificate shall explain the basis for the official's statement.
ATCP 21.22(4)(a)2. 2. The materials have been effectively treated to destroy mountain pine beetle. The certificate shall specify the date and method of treatment.
ATCP 21.22(4)(a)3. 3. The materials have been produced, processed, stored, handled, or used under conditions, described in the certificate, which effectively preclude the transmission of mountain pine beetle.
ATCP 21.22(4)(b) (b) Material imported in compliance with a written agreement, between the importer and the department, which includes all of the following:
ATCP 21.22(4)(b)1. 1. The name and address of the importer.
ATCP 21.22(4)(b)2. 2. The type and volume of material that may be imported under the agreement.
ATCP 21.22(4)(b)3. 3. The locations from which the material may be imported under the agreement.
ATCP 21.22(4)(b)4. 4. The names and addresses of the persons to whom, and the locations to which, the material may be imported under the agreement.
ATCP 21.22(4)(b)5. 5. The method by which the material may be imported.
ATCP 21.22(4)(b)6. 6. The time period covered by the agreement.
ATCP 21.22(4)(b)7. 7. The importer's commitment to keep complete records of each import shipment under the agreement, and to submit those records to the department for inspection and copying upon request.
ATCP 21.22(4)(b)8. 8. Specific import terms and conditions that will, in the department's opinion, effectively ensure that materials imported pursuant to the agreement will not introduce the mountain pine beetle into this state.
ATCP 21.22(4)(b)9. 9. A provision authorizing the department to terminate the agreement, without prior notice, for any reason.
ATCP 21.22 History History: CR 16-032: cr. Register April 2017 No. 736, eff. 5-1-17.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.