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 that evidence reproducing populations that were present for years before their 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.
This emergency rule creates a quarantine 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.
Key Rule Provisions
Small Business Affected
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 number of:
1. Nurseries that sell/distribute ash nursery stock outside Wisconsin,
2. Firewood producers/dealers that sell/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.
Reporting, Bookkeeping and other Procedures
This rule does not create any reporting or bookkeeping requirements.
Professional Skills Required
No professional skills are required.
Accommodation for Small Business
This emergency rule lifts restrictions on the movement of regulated materials from or to certain counties and allows for intrastate movement in all counties. No accommodation for small business is needed.
Conclusion
This rule will help affected businesses 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 to move ash wood and material within Wisconsin. This rule will have no adverse effect on businesses, including small businesses. Therefore, this emergency rule is not subject to the delayed small business effective date provided in Wis. Stat. § 227.22(2)(e). Dated this ______ day of March, 2018.
STATE OF WISCONSIN
DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
By __________________________________
John Petty, Administrator
Division of Agricultural Resource Management
