DEPARTMENT OF AGRICULTURE
Order of Quarantine; Emerald Ash Borer
[37 Pa.B. 3267]
[Saturday, July 14, 2007]
A. The Plant Pest Act (act) (3 P. S. §§ 258.1--258.27) empowers the Department of Agriculture (Department) to take various measures to detect, contain and eradicate plant pests in this Commonwealth.
B. The powers granted the Department under section 21 of the act (3 P. S. § 258.21) include the power to establish quarantines to prevent the spread of plant pests within this Commonwealth.
C. Emerald Ash Borer (EAB), Agrilus planipennis (Fairemaire)--a beetle indigenous to Asia--is a serious plant pest that attacks and kills ash trees belonging to the genus Fraxinus. This insect was first detected in the United States in summer, 2002, in Michigan.
D. It is suspected that EAB was accidentally introduced into the United States years earlier on solid wood packing material used for crating imported goods. EAB has since spread to other states, including Illinois, Indiana, Ohio, Maryland and Ontario, Canada.
E. EAB has killed 20--25 million ash trees during the short time it has been present in North America. Typically, trees are killed within 3 years of the initial attack by this beetle. EAB clearly is a threat to this Commonwealth's forest and horticultural resources.
F. EAB can be transported long distances through human activity, including the movement of ash trees and ash firewood.
G. EAB was recently detected in Mahoning County, OH, within 4 miles of the Pennsylvania's western border.
H. Surveys conducted by United States Department of Agriculture (USDA) staff in western Pennsylvania have revealed the presence of EAB in southern Butler County, near the Allegheny County line.
Under authority of section 21 of the act (3 P. S. § 258.21), and with the Recitals previously listed incorporated into this Order by reference, the Department hereby orders the following:
1. Imposition of Quarantine. A quarantine is hereby established with respect to Allegheny, Beaver, Butler and Lawrence Counties (collectively, the ''quarantined area''), effective immediately.
2. Limitations Imposed. The following objects or materials may not be moved out of the quarantined area, unless done in accordance with Paragraph No. 3 of this Order:
a. The Emerald Ash Borer in any living stage of development;
b. Ash trees of any size;
c. Ash limbs, branches, stumps and roots;
d. Any cut, nonconiferous (hardwood) firewood;
e. Nonconiferous (hardwood) bark and nonconiferous (hardwood) wood chips larger than 1 inch in two dimensions;
f. Ash logs and lumber with either the bark or the outer 1 inch of sapwood, or both, attached;
g. Any item made from or containing the wood of the ash tree that is capable of spreading emerald ash borer; and
h. Any other article, product or means of conveyance determined by the Department to present a risk of spreading the EAB infestation.
3. Movement of regulated articles from quarantined areas. An article described in Paragraph No. 2 of this Order may be moved from a quarantined area only 1 or more of the following circumstances:
a. If, under Paragraph No. 4 of this Order, the Department grants a limited permit or has a compliance agreement allowing for the movement, and a copy of that document accompanies the article when it leaves the quarantined area.
b. If the article is moved by USDA or the Department for experimental or scientific purposes.
c. If the article originates outside the quarantined area and is moved intrastate through the quarantined area under the following conditions:
i. The points of origin and destination are indicated on a waybill accompanying the article; and
ii. The article, if moved through the quarantined area during the period of May 1 through August 31 or when the ambient air temperature is 40° F or higher, is moved in an enclosed vehicle or is completely covered to prevent access by the EAB; and
iii. The article is moved directly through the quarantined area without stopping (except for refueling or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed or handled at locations approved by the Department as not posing a risk of infestation by EAB; and
iv. The article has not been combined or commingled with other articles so as to lose its individual identity.
4. Obtaining a Limited Permit or Compliance Agreement from the Department for Intrastate Movement of Articles. The Department will issue a limited permit or enter into a compliance agreement authorizing the intrastate movement of articles described in Paragraph No. 2 of this Order if it is satisfied if all of the following are accurate:
a. The article is either of the following:
i. The article is apparently free of EAB, based on inspection; or the article has been grown, produced, manufactured, stored or handled in a manner that, in the judgment of the Department, prevents the article from presenting a risk of spreading EAB; or
ii. The article is to be moved to a specified destination for specific processing, handling or utilization (the destination and other conditions to be listed on the advance written permission), and this movement will not result in the spread of EAB because EAB will be destroyed by the specific processing, handling or utilization; and
b. The article is to be moved in compliance with this Order and any additional emergency conditions that the Department may impose under the Plant Pest Act in order to prevent the artificial spread of EAB; and
c. The article is eligible for intrastate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated articles.
5. Documentation to Accompany Articles in Intrastate Movement from the Quarantined Area. If an article described in Paragraph No. 2 of this Order is to be moved intrastate from the quarantined area, the article must be plainly marked with the name and address of the consignor and the name and address of the consignee and must have a copy of the applicable Department--issued limited permit or compliance agreement securely attached at all times during intrastate movement attached to the article itself, or to the container carrying the article, or to the consignee's copy of the accompanying waybill: Provided, that the description of the article on the limited permit or compliance agreement, and on the waybill, are sufficient to identify the regulated article. The carrier must furnish the limited permit or compliance agreement authorizing the intrastate movement of the article to the consignee at the destination of the shipment.
6. Federal Requirements for Interstate Movement of Articles. This Order is distinct from, and in addition to, any Federal statute, regulation or quarantine order addressing the interstate movement of articles from the quarantined area or this Commonwealth.
7. Contacting the Department. A person seeking information about the requirements of this Order, or a limited permit for intrastate movement of quarantined articles, or a compliance agreement for intrastate movement of quarantined articles, shall contact the Department at the following address or telephone number: Department of Agriculture, Bureau of Plant Industry, Attention: Walt Blosser, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 772-5205, email@example.com.
8. Criminal and Civil Penalties. A person who violates this Order will face summary criminal prosecution carrying up to 90 days imprisonment and a fine of up to $300 with respect to each violation. In addition, a person who violates this Order may be assessed a civil penalty of up to $20,000 with respect to each violation.
9. Cooperation with other agencies. The Department will consult with USDA, other state agencies and the Pennsylvania State University Cooperative Extension with respect to the most efficacious measures to survey for and detect EAB in order to slow the spread or eradicate this pest.
10. Effective Date. This quarantine is effective as of June 27, 2007, and shall remain in effect until rescinded by subsequent order.
DENNIS C WOLFF,
[Pa.B. Doc. No. 07-1236. Filed for public inspection July 13, 2007, 9:00 a.m.]
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