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PA Bulletin, Doc. No. 01-1223

NOTICES

DEPARTMENT OF AGRICULTURE

Order of Quarantine; Pine Shoot Beetle

[31 Pa.B. 3558]

   Whereas, 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; and

   Whereas, the powers granted to the Department under section 21 of the act (3 P. S. § 258.21) include the power to establish quarantines to prevent the dissemination of plant pests within this Commonwealth; and

   Whereas, Pine Shoot Beetle (Tomicus piniperda L.)--a plant pest indigenous to Europe--is a serious plant pest that injures pine trees; and

   Whereas, Pine Shoot Beetle had been detected in Crawford, Erie and Lawrence counties in 1992, and these counties were made the subject of a quarantine order issued November 4, 1992 and published at 22 Pa.B. 5524 (November 14, 1992); and

   Whereas, Pine Shoot Beetle has since been detected in Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Clarion, Clearfield, Elk, Fayette, Forest, Greene, Huntingdon, Indiana, Jefferson, McKean, Mercer, Potter, Somerset, Tioga, Venango, Warren, Washington and Westmoreland counties; and

   Whereas, further spread of Pine Shoot Beetle continues to pose a potential serious threat to the economic well-being of the Christmas tree and tree nursery industry within this Commonwealth; and

   Whereas, the United States Department of Agriculture (USDA) requires that affected states maintain current, parallel state quarantines in order for USDA to be able to enforce the Federal Pine Shoot Beetle Quarantine with respect to affected areas of the State--rather than against the entire State.

   Now, therefore, the Department enters the following order:

   1.  Prior Quarantine Rescinded. The quarantine order published at 22 Pa.B. 5524 is hereby rescinded.

   2.  New Quarantine Established. A quarantine is hereby established under authority of section 21 of the act with respect to the following counties of this Commonwealth, in which Pine Shoot Beetle is known to be present:

   Allegheny County, Armstrong County, Beaver County, Bedford County, Blair County, Bradford County, Butler County, Cambria County, Cameron County, Clarion County, Clearfield County, Crawford County, Elk County, Erie County, Fayette County, Forest County, Greene County, Huntingdon County, Indiana County, Jefferson County, Lawrence County, McKean County, Mercer County, Potter County, Somerset County, Tioga County, Venango County, Warren County, Washington County and Westmoreland County.

   3.  The Quarantine Area. The counties listed in the preceding paragraph, and any other counties added to this quarantine by subsequent order, shall be referred to collectively as the ''quarantine area.''

   4.  Terms and Definitions. The following terms and definitions apply to this order:

   a.  Articles subject to quarantine.--The term includes the following:

   i.  The pine shoot beetle in any living stage of development.

   ii.  The following pine (Pinus spp.) products:

   A.  Bark nuggets (including bark chips).

   B.  Christmas trees.

   C.  Logs or lumber with bark attached.

   D.  Nursery stock.

   E.   Any cut, fresh, untreated, unassembled pine materials that have not been manufactured into wreaths or garlands.

   F.  Stumps.

   iii.  Any article, product or means of conveyance that presents a risk of spread of the pine shoot beetle and with respect to which an inspector has notified the person in possession that the article is subject to quarantine.

   b.  Certificate.--A document issued or authorized to be issued by an inspector to allow the movement of articles subject to quarantine to a designated destination.

   c.  Infestation.--The presence of the Pine Shoot Beetle (Tomicus piniperda) or the existence of a reasonable basis to believe that the Pine Shoot Beetle is present.

   d.  Inspector.--An employee of the Department authorized to enforce the provisions of this quarantine, or any other person authorized by the Department to enforce the provisions of this quarantine.

   e.  Limited permit.--A document issued by or authorized to be issued by an inspector, allowing the movement of noncertified articles subject to quarantine to a destination for particular handling, use or treatment (such as fumigation).

   f.  Person.--An individual, partnership, corporation, company, society, association or other organized group.

   5.  General Conditions of the Quarantine. An article subject to quarantine shall not be moved from or through the quarantine area unless it is either accompanied by a valid certificate or limited permit issued in accordance with this order or an applicable provision of this order exempts that article from the certificate or limited permit requirement.

   6.  Issuance of Certificate. An inspector shall issue a certificate with respect to any articles subject to this quarantine if:

   a.  The inspector conducts a complete and thorough examination of the articles and determines that no life stages of the Pine Shoot Beetle are present within or among the articles and there are no other indicators of the presence of Pine Shoot Beetle present; or

   b.  The inspector directs treatment of the articles in accordance with methods described in the Federal Pine Shoot Beetle Quarantine, at section 301.50, and determines that the articles were so treated.

   7.  Issuance of Limited Permit. If an inspector determines that the movement of particular articles subject to quarantine will not result in the spread of the pine shoot beetle, the inspector may issue a limited permit to allow the movement of those articles--without a certificate--to a location outside the quarantine area for particular handling or utilization, or for treatment in accordance with approved procedures.

   8.  Certificate or Limited Permit to be Attached to Articles. A certificate or limited permit shall be either:

   a.  Securely attached to the outside of the container in which the article subject to quarantine is moved; or

   b.  Securely attached to a shipping document that adequately describes the article subject to quarantine.

   9.  Articles Moved through the Quarantine Area. An article subject to quarantine may be moved from a location outside the quarantine area, through the quarantine area to a destination outside the quarantine area without a certificate or limited permit if the following conditions are met:

   a.  During October, November or December; or when the ambient air temperature is below 50 degrees Fahrenheit, passage through the quarantine area is made without stopping except for refueling or traffic conditions; and

   b.  During January through September, or when the ambient air temperature is at or above 50 degrees Fahrenheit, the article subject to quarantine is moved through the quarantine area in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic or other loosely woven cloth) adequate to prevent access by the Pine Shoot Beetle; and

   c.  The county and state of origin of the article subject to quarantine are indicated on the waybill or shipping document.

   10.  Articles Moved into the Quarantine Area. If an article subject to quarantine is moved from outside of the quarantine area to a destination within the quarantine area, it shall thereafter be subject to the certificate and limited permit requirements of this order.

   11.  Articles Moved from the Quarantine Area, through an area outside the Quarantine Area, to a Destination in the Quarantine Area. An article subject to quarantine may be moved from a location within the quarantine area, through an area outside the quarantine area to a destination in the quarantine area without a certificate or limited permit if the following conditions are met:

   a.  During October, November or December; or when the ambient air temperature is below 50 degrees Fahrenheit, passage through the quarantine area is made without stopping except for refueling or traffic conditions; and

   b.  During January through September, or when the ambient air temperature is at or above 50 degrees Fahrenheit, the article subject to quarantine is moved through the quarantine area in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic or other loosely woven cloth) adequate to prevent access by the Pine Shoot Beetle; and

   c.  The county and state of origin and the final destination of the article subject to quarantine are indicated on the waybill or shipping document.

   12.  Movement of Living Specimens of the Pine Shoot Beetle for Scientific Purposes. Living specimens of the Pine Shoot Beetle may be moved out of the quarantine area for scientific purposes only if accompanied by a scientific permit.

   13.  Contact Person. Requests for information relating to this order should be directed to Walt Blosser, Plant Inspection Programs Specialist, Bureau of Plant Industry, Department of Agriculture, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 772-5202.

   14.  Effective Date of Quarantine. This order of quarantine shall take effect as of June 21, 2001, and shall remain in effect until further notice.

SAMUEL E. HAYES, Jr.,   
Secretary

[Pa.B. Doc. No. 01-1223. Filed for public inspection July 6, 2001, 9:00 a.m.]


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