The emergency rule will create a quarantine for EAB for Ashland, Barron, Bayfield, Burnett, Clark, Chippewa, Dunn, Eau Claire, Florence, Forest, Green Lake, Marathon, Marinette, Iron, Langlade, Lincoln, Menominee, Oconto, Pepin, Pierce, Polk, Price, Rusk, Shawano, Saint Croix, Taylor, Vilas, Washburn, Waupaca, and Waushara Counties. This quarantine will allow for the intrastate movement of regulated articles, including all hardwood species of firewood, nursery stock, green lumber, and other material living, dead, cut or fallen, including logs, stumps, roots, branches, and composted and uncomposted chips of the genus Fraxinus (Ash wood). Interstate movement of regulated articles is subject to the federal quarantine requirements.
Summary of Factual Data and Analytical Methodologies
Data for this analysis was obtained from DATCP nursery license records, local business directories, and field surveys of the wood products industry (e.g. timber, lumber, firewood) in the affected area. This analysis was based on the regulatory language of ATCP 21.17 and 7 CFR 301.53, the observations of DATCP Plant Industry Bureau staff, and conversations with stakeholders in the nursery and timber-related industries. Analysis and Supporting Documents used to Determine Effect on Small Business
DATCP searched its nursery license database to obtain current records for licensed nursery growers operating in Ashland, Barron, Bayfield, Burnett, Clark, Chippewa, Dunn, Eau Claire, Florence, Forest, Green Lake, Marathon, Marinette, Iron, Langlade, Lincoln, Menominee, Oconto, Pepin, Pierce, Polk, Price, Rusk, Shawano, Saint Croix, Taylor, Vilas, Washburn, Waupaca, and Waushara Counties. Based on previous and ongoing work with Wisconsin’s Gypsy Moth and firewood certification programs, DATCP staff also identified known sawmills, wood products companies, and firewood industry concerns. Finally, online business listings were also searched to find related tree nursery, timber, firewood, and tree service companies.
Business Impact
This emergency rule may have an impact on persons or companies that deal in any hardwood firewood or ash materials in Ashland, Barron, Bayfield, Burnett, Clark, Chippewa, Dunn, Eau Claire, Florence, Forest, Green Lake, Marathon, Marinette, Iron, Langlade, Lincoln, Menominee, Oconto, Pepin, Pierce, Polk, Price, Rusk, Shawano, Saint Croix, Taylor, Vilas, Washburn, Waupaca, and Waushara Counties. Many of the affected businesses are small businesses. This emergency rule allows for intrastate movement. Interstate movement of regulated articles is subject to the federal quarantine requirements.
The business impact of this emergency rule depends on the quantity of:
1. Nurseries that sell or distribute ash nursery stock outside Wisconsin,
2. Firewood producers/dealers that sell or distribute firewood outside Wisconsin,
3. Sawmills that move untreated ash stock (green lumber) outside Wisconsin, and
4. Untreated wood waste (e.g. ash brush, chips or mulch) that is moved outside the state.
Ashland, Barron, Bayfield, Burnett, Clark, Chippewa, Dunn, Eau Claire, Florence, Forest, Green Lake, Marathon, Marinette, Iron, Langlade, Lincoln, Menominee, Oconto, Pepin, Pierce, Polk, Price, Rusk, Shawano, Saint Croix, Taylor, Vilas, Washburn, Waupaca, and Waushara Counties have 177 licensed nursery growers that could possibly be growing ash nursery stock. There are also an estimated 113 known firewood producers or dealers in these thirty counties. There are 117 known sawmills in these thirty counties and an estimated 174 other tree service/wood processing facilities that may also deal with ash.
Environmental Impact
EAB has been confirmed or is believed to exist in all counties of the state. This emergency rule will not have a significant impact on the environment.
Federal and Surrounding State Programs
Federal Programs
Under the federal Plant Protection Act, APHIS has responsibility for excluding, eradicating, and controlling serious plant pests, including EAB. APHIS has instituted statewide quarantines on the movement of all ash wood for Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maryland, Massachusetts, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Virginia, West Virginia, the District of Columbia, in addition to portions of Alabama, Arkansas, Colorado, Georgia, Kansas, Louisiana, Michigan, Minnesota, Nebraska, New Hampshire, Oklahoma, Texas, Tennessee, and Wisconsin.
APHIS has enacted quarantines for Adams, Brown, Buffalo, Calumet, Columbia, Crawford, Dane, Dodge, Door, Douglas, Fond du Lac, Grant, Green, Iowa, Jackson, Jefferson, Juneau, Kenosha, Kewaunee, La Crosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Oneida, Ozaukee, Outagamie, Portage, Racine, Richland, Rock, Sauk, Sawyer, Sheboygan, Trempealeau, Vernon, Walworth, Washington, Waukesha, Winnebago, and Wood Counties in Wisconsin. The quarantines include restrictions on the movement of any hardwood (non-coniferous) firewood.
Surrounding State Programs
Surrounding states where EAB has been identified (Illinois, Indiana, Iowa, Minnesota and Michigan) have state and federal quarantines that prohibit the movement of regulated articles out of quarantined areas. A regulated article can only move out of quarantined areas after it is certified by USDA or state officials.
DATCP Contact
Questions and comments related to this rule may be directed to:
Shahla Werner
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4573
FINDING OF EMERGENCY
(1) The United States Department of Agriculture – Animal and Plant Health Inspection Service (APHIS) positively identified Emerald Ash Borer (“EAB”) in Green Lake, Chippewa, Waushara, Waupaca, Marinette, Marathon, and Eau Claire Counties in 2017. While EAB has not yet been positively identified in the remaining 23 counties of Wisconsin, they are in close proximity to existing infestations, many of which include larval detections, which indicate reproducing populations have been present for years prior to detection in 2017. It is therefore likely that remaining counties already contain some level of EAB infestation, and there is little economic or ecological benefit to maintaining their status outside of the EAB quarantine. EAB is an exotic, invasive pest that poses a dire risk to the ash forest.
EMERGENCY RULE
SECTION 1. ATCP 21.17 (1) (b) is amended to read:
ATCP 21.17 (1) (b) Move any regulated item under sub. (2) out of an emerald ash borer regulated area that is identified in 7 CFR 301.53-3 and located in this state or out of an emerald ash borer regulated area identified in (c). SECTION 2. ATCP 21.17 (1) (c) is created to read:
ATCP 21.17 (1) (c) Ashland, Barron, Bayfield, Burnett, Clark, Chippewa, Dunn, Eau Claire, Florence, Forest, Green Lake, Marathon, Marinette, Iron, Langlade, Lincoln, Menominee, Oconto, Pepin, Pierce, Polk, Price, Rusk, Shawano, Saint Croix, Taylor, Vilas, Washburn, Waupaca, and Waushara Counties are designated as emerald ash borer regulated areas.
SECTION 3. EFFECTIVE DATE: This emergency rule takes effect upon publication, and remains in effect for 150 days. The department may seek to extend this emergency rule as provided in s. 227.24, Stats. Dated this _____ day of March, 2018.
STATE OF WISCONSIN
DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
By _______________________________
Sheila E. Harsdorf, Secretary
