Section 1. ATCP 21.22 is created to read:
ATCP 21.22 Mountain Pine Beetle; import controls and quarantine. (1) Definitions. In this section:
(a) “Bark” means all of the following:
1. The exterior bark of a tree.
2. Ingrown bark around knots in a tree.
3. Bark pockets occurring between a tree’s annual growth rings.
4. All inner bark and phloem tissue adjacent to any bark under subds. 1. to 3.
(c) “Infested area” means all of the following:
1. The states of Arizona, California, Colorado, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, Wyoming and the Canadian provinces of Alberta, British Columbia and Saskatchewan.
2. Any state or nation, or any delineated area within a state or nation, which the U. S. department of agriculture, U. S. forest service or respective state plant pest regulatory officials has declared infested with mountain pine beetle.
(2) Knowingly importing plant pest; prohibition. No person may knowingly import living mountain pine beetles, Dendroctonus ponderosae Hopkins, into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04. (3) Importing materials from infested areas; prohibition. Except as provided in sub. (4), no person may import any of the following materials into this state if those materials originate from or have been exposed to the environment in any infested area:
(a) Firewood from any species of tree.
(b) Wood or plant parts of the genus Pinus, including dimensional lumber with bark attached, logs, stumps and branches. This paragraph does not apply to any of the following:
1. Processed lumber which is 100% bark-free or kiln-dried.
2. Finished wood products without bark, including finished furniture, home furnishings or building materials.
3. Pine Christmas trees.
4. Pine nursery stock.
5. Pine bark mulch or pulpwood chips.
(4) Exemptions. Subsection (3) does not apply to any of the following: (a) 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 have not been exposed to the mountain pine beetle. The certificate shall explain the basis for the official’s statement.
2. The materials have been effectively treated to destroy mountain pine beetle. The certificate shall specify the date and method of treatment.
3. The materials have been produced, processed, stored, handled, or used under conditions, described in the certificate, which effectively preclude the transmission of mountain pine beetle.
(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 the mountain pine beetle into this state.
9. A provision authorizing the department to terminate the agreement, without prior notice, for any reason.
Section 2. Effective Date: This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22 (2) (intro.), Stats.
