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:
The Department estimates that it will use approximately 0.20 FTE staff time to develop these rules over the next two years. 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. The Department 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 the above pests 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. The rule will affect Christmas tree growers, nursery growers, and nursery dealers within 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:
Department 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, Phytophthora ramorum, Emerald Ash Borer, and Pine Shoot Beetle. However, there is no federal quarantine for Elongate Hemlock Scale, Balsam Woolly Adelgid, or Spotted Lanternfly, nor is one expected. This proposed rule is consistent with current state and federal rules.
7. Anticipated economic impact
The Department expects the proposed rule to result in minimal economic burdens, both statewide and locally. Wreathmakers and Christmas tree lot operators are most likely to import material from states infested with Elongate Hemlock Scale or Balsam Woolly Adelgid, but it is possible that they can find local source material or un-infested material from areas where those pests are not present. Implementation of an exterior quarantine for Elongate Hemlock Scale and Balsam Woolly Adelgid, while lifting the Pine Shoot Beetle quarantine will protect Wisconsin’s Christmas tree industry, which harvests approximately 600,000 trees per year valued at over $16 million. Implementing a Spotted Lanternfly quarantine, updating the Sudden Oak Death quarantine, and rescinding the Emerald Ash Borer quarantine will benefit Wisconsin’s nursery industry, which contributes $325 million to the Wisconsin economy annually, according to Steven Deller’s latest report on the Contribution of Agriculture to the Wisconsin Economy. It will also protect Wisconsin’s 17 million acres of forest lands that support our forest products sector, which employs over 60,000 workers and generates $24 billion a year to our economy, according to the Wisconsin Department of Natural Resources.
Contact Person: Shahla Werner, Plant Protection Section Chief, DATCP
Phone (608) 224-4573
