DAR File No. 31126

Agriculture and Food, Plant Industry

R68-16

Quarantine Pertaining to Pine Shoot Beetle, Tomicus piniperda

NOTICE OF PROPOSED RULE

DAR File No.: 31126
Filed: 04/04/2008, 02:43
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment adds states and counties that are currently infested with pine shoot beetles. This list is the same as other western states. The restrictions are changing and two new sections are added, certification and treatment and management methods.

Summary of the rule or change:

New infested states and counties were added. The division is changing restrictions sections, and adding two new sections, certification and treatment and management methods.

State statutory or constitutional authorization for this rule:

Subsection 4-2-2(1)(k) and Section 4-35-9

Anticipated cost or savings to:

the state budget:

There are no additional costs to the state associated with the proposed rule change because this is just identifying insect pests and origin, not control.

local governments:

There are no costs to local government associated with the proposed rule changes because this is just identifying insect pests and origin, not control.

small businesses and persons other than businesses:

There are no costs to small businesses associated with the proposed rule changes because this is just identifying insect pests and origin, not control.

Compliance costs for affected persons:

There is no costs to individuals associated with the proposed rule changes because this is just identifying insect pests and origin, not control.

Comments by the department head on the fiscal impact the rule may have on businesses:

Pine shoot beetle is on the Federal Domestic Quarantine list. These changes better represent the infested states and counties in those states that have pine shoot beetles. Utah considers this insect a threat to our nursery and fruit industries. The pine shoot beetles have not been found in Utah. It is the goal of the Utah Department of Agriculture and Food to prevent an introduction in the state of any invasive species. Making these changes will reinforce that goal. Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Plant Industry
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

Direct questions regarding this rule to:

Kathleen Mathews or Clair Allen at the above address, by phone at 801-538-7103 or 801-538-7180, by FAX at 801-538-7126 or 801-538-7189, or by Internet E-mail at kmathews@utah.gov or ClairAllen@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/02/2008

This rule may become effective on:

06/09/2008

Authorized by:

Leonard M. Blackham, Commissioner

R68. Agriculture and Food, Plant Industry.

R68-16. Quarantine Pertaining to Pine Shoot Beetle, Tomicus piniperda.

R68-16-3. Areas Under Quarantine.

[A. The counties in the states listed below are hereby considered quarantined areas due to the confirmed presence of the Pine Shoot Beetle, Tomicus piniperda (Linnaeus):

1. Illinois: Kane County

2. Indiana: Allen, Elkhart, Fulton, Jasper, Kosciusko, LaGrange, Lake, Laporte, Marshall, Newton, Noble Porter, Pulaski, St. Joseph, Starke, Stueben, Wells and Whitley counties.

3. Michigan: Cass, Monroe, St. Joseph and Barrien counties.

4. New York: Erie and Niagara counties.

5. Ohio: Ashland, Ashtabula, cuyahoga, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland, Summit, Trumbull, and Wayne counties.

6. Pennsylvania: Crawford, Erie, and Lawrence counties.

B. Any areas not mentioned above and subsequently found to be infested.]All areas of the United States and Canada that are declared high risk by the United States Department of Agriculture, Animal and Plant Health Inspection Service, plant protection and quarantine or Utah Commissioner of Agriculture and Food.

 

R68-16-4. Articles and Commodities Under Quarantine.

The following are hereby declared to be regulated articles, hosts, and possible carriers of the Pine Shoot Beetle:

A. The Pine Shoot Beetle, Tomicus piniperda (Linnaeus), in any living stage of development.

B. Plants of the genus Pinus spp. whether balled and burlapped or cut live for use as Christmas trees.

C. Timber pine bark products or whole log forms of the genus Pinus spp., Abies spp., Larix spp., and Picea spp. with any bark intact.

D. Ornamental foliage from the genus Pinus spp. including pine wreaths and garlands, raw materials for wreaths and garlands, bark nuggets and bark chips.

E. Any other plant, plant part, article, or means of conveyance when it is determined by the Commissioner of the Department of Agriculture and Food or the Commissioner's duly authorized agent to present a hazard of spreading live Pine Shoot Beetle due to infestation or exposure to infestation by Pine Shoot Beetle.

 

R68-16-5. Restrictions.

A. All articles and commodities under quarantine are prohibited entry into Utah from an area under quarantine with the following exceptions:

1. From uninfested areas of the states listed in R68-16-3 when accompanied by a certificate of origin stating the origin of the material and that the plant material originated from an area not known to be infested with the Pine Shoot Beetle.

[2. Regulated logs and lumber may be permitted entry only when such articles are certified by an authorized state or federal inspector to have been fumigated in accordance with the following schedule: Logs and lumber may be treated with methyl bromide at normal atmospheric pressure with 48 g/m3 (3 lbs/1000 ft.3) for 16 hours at 21 C (70 F), or above, or 80 g/m3 (5 lb./1000 ft. 3) for 16 hours at 4.5 -22.5 C (40 -69 F). Additionally, such treated articles shall be protected from reinfestation prior to shipping and an official fumigation certificate signed by or bearing a facsimile signature of the authorized agricultural inspection official of the state of origin shall accompany each load or lot of regulated articles so fumigated. Such certificate shall include, but not be limited to the following information: Verification that the articles were fumigated, the date, the exact location or place of fumigation and the dosage of the fumigant used.]2. Regulated articles as listed in 7 CFR Chapter III 301.51-2.

 

R68-16-6. [Disposition of Violations]Treatment and Management Methods.

All treatment shall follow procedures as described in 7 CFR Chapter III 301.50-10.

 

R68-16-7. Disposition of Violations.

Any or all shipments or lots of quarantined articles or commodities listed in R68-16-4, arriving in Utah in violation of this quarantine shall immediately be sent out of the state, destroyed, or treated by a method and in a manner as directed by the Commissioner of the Utah Department of Agriculture and Food or his agent. Treatment shall be performed at the expense of the owner, or owners, or their duly authorized agent.

 

KEY: quarantine

Date of Enactment or Last Substantive Amendment: [1994]2008

Notice of Continuation: June 13, 2003

Authorizing, and Implemented or Interpreted Law: 4-2-2(1)(k); 4-35-9