Telephone at (608) 224-5024
The Regulatory Flexibility Analysis is attached.
Department Contact Person
Shahla M. Werner, Plant Protection Section Manager
Division of Agricultural Resource Management
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
(608) 957-5100
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RULE TEXT
Section 1. ATCP 21.01 (2g) and (6m) are repealed.
Section 2. ATCP 21.01 (8g) is amended to read:
ATCP 21.01 (8g) “Hemlock” means a tree or shrub of the genus Tsuga., including all cultivars.
Section 3. ATCP 21.01 (12) is repealed.
Section 4. ATCP 21.12 is repealed.
Section 5. ATCP 21.16, (title), is amended to read:
ATCP 21.16 (title) Hemlock woolly adelgid; import controls. and quarantine.
Section 6. ATCP 21.16 (1) is amended to read:
ATCP 21.16 (1) Hemlock movement or imports restricted from the infested area. Except as provided in sub. (2) no person may import any of the following items to this state from (a). The infested area means all of the following:
1. The states of Alaska, California, Connecticut, Delaware, Georgia, Idaho, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New York, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, the District of Columbia, and the Canadian provinces of British Columbia, and Nova Scotia.
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 hemlock woolly adelgid.
(b) Except as provided in sub. (2), no person may import any of the following items to this state from California, Connecticut, Delaware, Georgia, Idaho, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New York, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, the District of Columbia, and the Canadian provinces of British Columbia, Nova Scotia, and any state or country, or any delineated area within a state or country, which the responsible state agency has declared to be infested with hemlock woolly adelgid: the infested area; or move any of the following items from an infested area to an area that is not infested within this state:
(a) 1. Hemlock seedlings.
(b) 2. Hemlock nursery stock.
(c) 3. Hemlock logs with bark.
(d) 4. Hemlock lumber with bark.
(e) 5. Uncomposted hHemlock bark chips with bark.
(f) 6. Uncomposted hHemlock bark.
Section 7. ATCP 21.16 (1) (b) 7. and 8. are created to read:
7. Cut hemlock trees.
8. Hemlock branches.
Section 8. ATCP 21.16 (3) is created to read:
ATCP 21.16 (3) Knowingly importing plant pest; prohibition. No person may knowingly import live hemlock woolly adelgid, Adelges tsugae (Annand) into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04. Section 9. ATCP 21.17 is repealed.
Section 10. ATCP 21.19 (1) (b) is amended to read:
ATCP 21.19 (1) (b) Move any regulated item under sub. (2) out of any Phytophthora ramorum regulated area that is identified in 7 CFR 301.92−3 and located within this state to any Phytophthora ramorum unregulated area within this state. Section 11. ATCP 21.19 (1) (note) is amended to read:
ATCP 21.19 (1) Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of regulated areas in 7 CFR 301.92-3. Subsection (1) applies to new regulated areas as those areas are identified in the CFR. Each year, as a service, the Wisconsin department of agriculture, trade and consumer protection distributes an updated federal CFR listing to nursery license holders and other affected persons in this state. More frequent updates, Updates, if any, are available on the department's website at www.datcp.state.wi.us www.datcp.wi.gov. Subsection (1) applies to new regulated areas as those areas are identified in the CFR, regardless of whether affected persons receive update notices from the department. Persons may request update notices by calling (608) 224-4573, by visiting the department's website, or by writing to the following address: Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911
Section 12. ATCP 21.19 (2) (a) is amended to read:
ATCP 21.19 (2) (a) Nursery stock (except acorns and seeds), unprocessed wood, and unprocessed wood and plant products, including bark chips, firewood, logs, lumber, mulch, wreaths, garlands, and greenery of the following genera: Abies (fir), Acer (maple), Adiantum (maidenhair fern), Aesculus (buckeye), Arbutus (madrone), Arctostaphylos (manzanita), Calluna (heather), Calycanthus (spicebush), Camellia (camellia), Castanea (chestnut), Clintonia (blue-bead lily), Corylus (hazelnut), Drimys (winter’s bark), Dryopteris (wood fern), Fagus (beech), Fraxinus (ash), Griselinia (griselinia), Hamamelis (witch-hazel), Heteromeles (toyon), Kalmia (mountain laurel), Laurus (laurel), Leucothoe (drooping leucothoe), Lithocarpus (tanoak), Lonicera (honeysuckle), Maianthemum (false Solomon’s seal), Magnolia (magnolia), Michelia (michelia), Nothofagus (Roble beech), Osmorhiza (sweet cicely), Parrotia (Persian ironwood), Pieris (pieris), Photinia (photinia), Pittosporum (Victorian box), Pseudotsuga (Douglas fir), Pyracantha (Firethorn), Quercus (oak), Rhamnus (buckthorn), Rhododendron (rhododendron), Rhus (sumac), Rosa (rose), Rubus (salmonberry, raspberry, blackberry), Salix (willow), Sequoia (coast redwood), Syringa (lilac), Taxus (yew), Toxicodendron (poison-ivy), Torreya (nutmeg), Trientalis (western starflower), Umbellurlaria (California bay laurel), Vaccinium (huckleberry), Vancouveria (redwood ivy), Viburnum (viburnum) host plant taxa identified in 7 CFR 301.92-2 (d) as being proven hosts of Phytophthora ramorum or identified in 7 CFR 301.92-2 (e) as being associated with Phytophthora ramorum. Section 13. ATCP 21.19 (2) (a) (note) is created to read:
ATCP 21.19 (2) Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of proven hosts and associated plant taxa in 7 CFR 301.92-2. Updates, if any, are available on the department's website at www.datcp.wi.gov. Subsection (2) applies to new proven hosts and associated plant taxa as those areas are identified in the CFR, regardless of whether affected persons receive update notices from the department. Persons may request update notices by visiting the department's website, or by writing to the following address: Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911
Section 14. ATCP 21.21 is repealed.
Section 15. ATCP 21.23 is created to read:
ATCP 21.23 Elongate Hemlock Scale; Import controls and quarantine.
(1) DEFINITIONS. In this section:
(a) “Elongate hemlock scale” means any living life stage of the invasive insect Fiorinia externa (Ferris), including adults, nymphs, crawlers, or eggs.
(b) “Infested area” means all of the following:
1. The states of Connecticut, Delaware, Georgia, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia; and the District of Columbia.
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 elongate hemlock scale.
(2) Knowingly importing plant pest; prohibition. No person may knowingly import elongate hemlock scale, Fiorinia externa (Ferris), into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04. (3) Importing or moving materials from infested areas; prohibition. Except as provided in sub. (4), no person may do either of the following:
(a) Import conifer plants or plant parts of the plant taxa Abies spp., Biota orientalis, Juniperus chinensis, Juniperus rigida, Cedrus spp., Picea spp., Pinus spp., Pseudotsuga menziesii, Tsuga canadensis, Tsuga spp., and Taxus spp., including cut Christmas trees, nursery stock, branches, wreaths, or décor into this state, if those materials originate from or have been exposed to the environment in any infested area.
(b) Move conifer plants or plant parts of the plant taxa Abies spp., Biota orientalis, Juniperus chinensis, Juniperus rigida, Cedrus spp., Picea spp., Pinus spp., Pseudotsuga menziesii, Tsuga canadensis, Tsuga spp., and Taxus spp., including cut Christmas trees, nursery stock, branches, wreaths, or décor, from an infested area to an area that is not infested within this state.
(4) Exemptions. Subsection (3) does not apply to any of the following:
a. Shredded bark and mulch of all tree species.
b. Processed lumber which is 100 percent bark-free or kiln-dried.
c. Finished wood products without bark, including furniture or building materials.
d. 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:
1. The materials originate from an area that is known to be free of elongate hemlock scale, or have not been exposed to elongate hemlock scale. The certificate shall explain the basis for the official’s statement.
2. The materials have been effectively treated to destroy elongate hemlock scale. The certificate shall specify the date, method of treatment, and post-treatment data indicating that treated material was examined in the laboratory and found to have no living life stages of elongate hemlock scale.
3. The materials have been produced, processed, stored, handled, or used under conditions, described in the certificate, which effectively preclude the transmission of elongate hemlock scale.
(b) Material imported in compliance with a written agreement, between the importer and the department, which includes all of the following:
1. The name and address of the importer.
2. The type and volume of material that may be imported under the agreement.
3. The locations from which the material may be imported under the agreement.
4. The names and addresses of the persons to whom, and the locations to which, the material may be imported under the agreement.
5. The method by which the material may be imported.
6. The time period covered by the agreement.
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.
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 or spread the elongate hemlock scale.
9. A provision authorizing the department to terminate the agreement, without prior notice, for any reason.
Section 16. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. _____________________________________________________________________________
(END OF RULE TEXT)
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