4. That the items are produced, processed, stored, handled, or used under conditions, described in the phytosanitary certificate, that effectively preclude the transmission of spotted lanternfly.
(d) Materials 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 and import recipient.
2. The type and volume of materials that may be imported under the agreement.
3. The locations from which materials may be imported under the agreement.
4. The names and addresses of the persons to whom and the locations to which, the materials may be imported under the agreement.
5. The method by which the materials 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 prevent the introduction or spread of spotted lanternfly.
9. A provision authorizing the department to suspend the agreement, without prior notice, for any reason.
Section 12. ATCP 21.24 is created to read:
ATCP 21.24 Elongate Hemlock Scale; Import controls and quarantine.
(1) DEFINITIONS. In this section:
(a) “Elongate hemlock scale” means any living life stage of the invasive insect Fiorinia externa (Ferris), including adults, nymphs, crawlers, or eggs.
(b) “Infested area means all of the following:
1. The states of Connecticut, Delaware, Georgia, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia; and the District of Columbia.
2. Any state or country, or any delineated area within a state or country, which the responsible state agency has declared to be infested with elongate hemlock scale.
(2) KNOWINGLY IMPORTING PLANT PEST; PROHIBITION. No person may knowingly import elongate hemlock scale, Fiorinia externa Ferris, into this state, except pursuant to a permit under s. 94.03, Stats. and s. ATCP 21.04. (3) IMPORTING OR MOVING MATERIALS FROM INFESTED AREAS; PROHIBITION.
Except as provided in sub. (4), no person may do either of the following:
(a) Import conifer plants or plant parts of the following plant taxa: Abies spp., Biota orientalis, Juniperus chinensis, Juniperus rigida, Cedrus spp., Picea spp., Pinus spp., Pseudotsuga menziesii, Tsuga canadensis, Tsuga spp., and Taxus spp., including cut Christmas trees, nursery stock, branches, wreaths, or décor into this state if those materials originate from or have been exposed to the environment in any infested area.
(b) Move conifer plants or plant parts of the following plant taxa: Abies spp., Biota orientalis, Juniperus chinensis, Juniperus rigida, Cedrus spp., Picea spp., Pinus spp., Pseudotsuga menziesii, Tsuga canadensis, Tsuga spp., and Taxus spp., including cut Christmas trees, nursery stock, branches, wreaths, or décor from an infested area to an area that is not infested within this state.
(4) EXEMPTIONS. Subsection (3) does not apply to any of the following:
a. Shredded bark and mulch of all tree species.
b. Processed lumber which is 100% bark-free or kiln-dried.
c. Finished wood products without bark, including furniture or building materials.
d. 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 originate from an area that is known to be free of elongate hemlock scale, or have not been exposed to elongate hemlock scale. The certificate shall explain the basis for the official’s statement.
2. The materials have been effectively treated to destroy elongate hemlock scale. The certificate shall specify the date, method of treatment, and post-treatment data indicating that treated material was examined in the laboratory and found to have no living life stages of elongate hemlock scale.
3. The materials have been produced, processed, stored, handled, or used under conditions, described in the certificate, which effectively preclude the transmission of elongate hemlock scale.
(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 or spread the elongate hemlock scale.
9. A provision authorizing the department to terminate the agreement, without prior notice, for any reason.
Section 13. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ______________________________________________________________________________
(END OF RULE TEXT)
______________________________________________________________________________
By: Randy Romanski, Secretary
