Proposed policies. This proposed rule will establish a quarantine for MPB to protect the forest pine resource in Wisconsin. Regulated items, including firewood, will not be allowed into Wisconsin from states or provinces known to be affected by MPB.
Policy Alternatives. If DATCP does nothing, Wisconsin’s pine resource will be increasingly vulnerable to MPB. If MPB becomes established in Wisconsin, it could kill millions of pine trees and adversely affect our forest products industry. Potential impacts to forest ecology are also possible, including changes in forest fire risk, snow accumulation, soil erosion and water retention rates.
3. Statutory authority for the rule (including the statutory citation and language):
93.06 Department powers. The department may:
(1p) Service testing related to department programs. Provide inspection services, diagnostic services and analytical or testing services upon request if the requested service is related to an authorized department program and serves program objectives. The department may charge a fee to cover its cost to provide the requested services.
93.07 Department duties. It shall be the duty of the department:
(12) Plant pests. To conduct surveys and inspections for the detection and control of pests injurious to plants, make, modify, and enforce reasonable rules needed to prevent the dissemination of pests, declare and manage emergencies relating to the detection and control of pests injurious to plants, provided that such declaration does not supersede the authority of the chief state forester under s. 23.114 or the department of natural resources under s. 26.30, and suggest methods of control. 94.01 Plant inspection and pest control authority.
(1) In the conduct of survey and inspectional programs for the detection, prevention and control of pests, the department may impose quarantines or such other restrictions on the importation into or movement of plants or other material within this state as necessary to prevent or control the dissemination or spread of injurious pests.
4. Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:
DATCP estimates that it will use approximately 0.1 FTE staff time to develop these rules. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all entities that may be impacted by the rule:
This rule will affect any person or business in a state or province known to be affected with MPB that exports or transports regulated articles to or through Wisconsin. This rule will also affect any Wisconsin person or business that wishes to import regulated articles into Wisconsin.
6. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
DATCP rules prohibit imports from any federally quarantined area, except under authorized conditions. Federal regulations related to the quarantine of specific exotic plant pests currently include gypsy moth, emerald ash borer, Asian longhorn beetle and others. However, there is no federal quarantine for MPB, nor is one expected. This proposed rule is consistent with current state and federal rules.
7. Anticipated economic impact:
DATCP expects the proposed rule to have minimal economic impact statewide and locally. Data from the latest U.S. Forest Service Timber Products Report for Wisconsin (2008) indicates that 94% of pine wood utilized by Wisconsin’s timber industry is harvested from within Wisconsin. Of the remainder, about 4% comes from Michigan, 1% from Minnesota, and 0.5% from Canada. Less than 0.5% of pine is sourced from western states that may be affected by MPB. Implementation of an exterior quarantine will reduce the risk of MPB negatively impacting Wisconsin’s pine wood products industry, valued at $70 million annually.
Contact Person: Christopher Deegan, Plant Protection Section Chief, DATCP;
Phone (608) 224-4573
