Most of the businesses affected by these proposed rule changes are small businesses, including nurseries, Christmas tree growers, vineyards, wreath-makers, loggers, and sawmill owners. Affected businesses will be encouraged to work with the Department’s Bureau of Plant Industry to find solutions to any negative outcomes this rule may yield, although it is noteworthy that some of these same businesses may be positively impacted by the removal of quarantine rules for PSB, EAB, and TCD. Businesses may work with the Department to enter into a compliance agreements, at no charge, that will allow the business to import and move regulated items, provided that risks have been mitigated.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
The Department’s Regulatory Review Coordinator may be contacted by:
Telephone at (608) 224-5024
The Regulatory Flexibility Analysis is attached.
Department Contact Person
Shahla M. Werner, Plant Protection Section Manager
Division of Agricultural Resource Management
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
(608) 957-5100
Place Where Comments are to Be Submitted and Deadline for Submission:
Comments must be received on or before April 26, 2022 to be included in the record of rule-making proceedings. Submit comments:
By mail to:
Shahla M. Werner, Plant Protection Section Manager
Division of Agricultural Resource Management
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
______________________________________________________________________________
RULE TEXT
Section 1. ATCP 21.01 (2g), ATCP 21.01 (6m), ATCP 21.01 (12), ATCP 21.12, ATCP 21.17, and ATCP 21.21 are repealed.
Section 2. ATCP 21.01 (8g) is amended to read:
ATCP 21.01 (8g) “Hemlock” means any tree or shrub of the genus Tsuga, including all cultivars.
Section 3. ATCP 21.16, Hemlock woolly adelgid; Import controls (title), is amended to read: ATCP 21.16 Hemlock woolly adelgid import controls and quarantine.
Section 4. ATCP 21.16 (1) is amended to read:
ATCP 21.16 (1) HEMLOCK IMPORTS OR MOVEMENT RESTRICTED. Except as provided in sub. (2)(3), no person may import any of the following items to this state from Alaska, California, Connecticut, Delaware, Georgia, Idaho, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New York, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, the District of Columbia, and the Canadian provinces of British Columbia, Nova Scotia and any delineated area within a state or country, which the responsible state agency has declared to be infested with hemlock woolly adelgid; or move any of the following items from an infested area to an area that is not infested within this state:
(a) Hemlock seedlings.
(b) Hemlock nursery stock.
(c) Hemlock logs with bark.
(d) Hemlock lumber with bark.
(e) Uncomposted Hemlock bark chips with bark.
(f) Uncomposted Hemlock bark.
(g) Cut hemlock trees.
(h) Hemlock branches.
Section 5. ATCP 21.16 (2) is created to read:
ATCP 21.16 (2) KNOWINGLY IMPORTING PLANT PEST: PROHIBITION. No person may knowingly import live hemlock woolly adelgid, Adelges tsugae Annand into this state, except pursuant to a permit under s. 94.03 Stats. and s. ATCP 21.04. Section 6. ATCP 21.16 (2) is renumbered to ATCP 21.16 (3)
Section 7. ATCP 21.19 (1) (b) is amended to read:
(b) Move any regulated item under sub. (2) out of any Phytophthora ramorum regulated area that is identified in 7 CFR 301.92−3 and located within this state to any Phytophthora ramorum unregulated area within this state. Section 8. ATCP 21.19 (1) (note) is amended to read:
ATCP 21.19 (1) Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of regulated areas in 7 CFR 301.92-3. Subsection (1) applies to new regulated areas as those areas are identified in the CFR. Each year, as a service, the Wisconsin department of agriculture, trade and consumer protection distributes an updated federal CFR listing to nursery license holders and other affected persons in this state. More frequent u Updates, if any, are available on the department's website at www.datcp.state.wi.us www.datcp.wi.gov. Subsection (1) applies to new regulated areas as those areas are identified in the CFR, regardless of whether affected persons receive update notices from the department. Persons may request update notices by calling (608) 224-4573, by visiting the department's website, or by writing to the following address: Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911
Section 9. ATCP 21.19 (2) (a) is amended to read:
ATCP 21.19 (2) REGULATED ITEMS. The following are regulated items for purposes of sub. (1): (a) Nursery stock (except acorns and seeds), unprocessed wood, and unprocessed wood and plant products, including bark chips, firewood, logs, lumber, mulch, wreaths, garlands, and greenery of the following genera: Abies (fir), Acer (maple), Adiantum (maidenhair fern), Aesculus (buckeye), Arbutus (madrone), Arctostaphylos (manzanita), Calluna (heather), Calycanthus (spicebush), Camellia (camellia), Castanea (chestnut), Clintonia (blue-bead lily), Corylus (hazelnut), Drimys (winter’s bark), Dryopteris (wood fern), Fagus (beech), Fraxinus (ash), Griselinia (griselinia), Hamamelis (witch-hazel), Heteromeles (toyon), Kalmia (mountain laurel), Laurus (laurel), Leucothoe (drooping leucothoe), Lithocarpus (tanoak), Lonicera (honeysuckle), Maianthemum (false Solomon’s seal), Magnolia (magnolia), Michelia (michelia), Nothofagus (Roble beech), Osmorhiza (sweet cicely), Parrotia (Persian ironwood), Pieris (pieris), Photinia (photinia), Pittosporum (Victorian box), Pseudotsuga (Douglas fir), Pyracantha (Firethorn), Quercus (oak), Rhamnus (buckthorn), Rhododendron (rhododendron), Rhus (sumac), Rosa (rose), Rubus (salmonberry, raspberry, blackberry), Salix (willow), Sequoia (coast redwood), Syringa (lilac), Taxus (yew), Toxicodendron (poison-ivy), Torreya (nutmeg), Trientalis (western starflower), Umbellurlaria (California bay laurel), Vaccinium (huckleberry), Vancouveria (redwood ivy), Viburnum (viburnum) of the host plant taxa identified in 7 CFR 301.92-2 (d) as being proven hosts of Phytophthora ramorum or identified in 7 CFR 301.92-2 (e) as being associated with Phytophthora ramorum. Section 10. ATCP 21.19 (2) (a) (note) is created to read:
ATCP 21.19 (2) Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of proven hosts and associated plant taxa in 7 CFR 301.92-2. Updates, if any, are available on the department's website at www.datcp.wi.gov. Subsection (2) applies to new proven hosts and associated plant taxa as those areas are identified in the CFR, regardless of whether affected persons receive update notices from the department. Persons may request update notices by visiting the department's website, or by writing to the following address: Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911
Section 11. ATCP 21.23 is created to read:
ATCP 21.23 Spotted lanternfly; Import controls and quarantine.
(1) Definitions. In this section:
(a) “Spotted Lanternfly” means any living life stage of the invasive insect Lycorma delicatula (White), including adults, nymphs or viable egg masses.
(b) “Infested area” means all of the following:
1. The states of Connecticut, Delaware, Indiana, Maryland, Massachusetts, New York, New Jersey, Ohio, Pennsylvania, Virginia, and West Virginia.
2. Any state or country, or any delineated area within a state or country, which the responsible state agency has declared to have an infestation of or interior quarantine for spotted lanternfly.
(c) “Pest control official” has the meaning given in ATCP 21.01 (11).
(2) KNOWINGLY IMPORTING PLANT PEST; PROHIBITION. No person may knowingly import any living life stage of the spotted lanternfly, 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 import any of the following materials into this state, or move any of the following materials from an infested area to an area that is not infested within this state, if those materials originate from and /or have been exposed to the environment in any infested area.
(a) All plants and plant parts. This shall include, but is not limited to, annual plants, bark, bark chips, branches, budwood, firewood, garden plants, logs, live or dead trees, lumber, nursery stock, perennial plants, roots, shrubs, stumps, vines, and yard waste.
(b) Non-plant products. This shall include, but is not limited to outdoor household articles, vehicles, or means of conveyance that pose a reasonable risk of spreading any living life stage of the spotted lanternfly as determined by a pest control official.
(4) Exemptions. Subsection (3) does not apply to any of the following:
(a) Plant products not exposed to the environment, including, but not limited to, houseplants or indoor furniture.
(b) Non-plant products, including outdoor household articles, vehicles, or conveyances that are either accompanied by a spotted lanternfly permit issued by the responsible state agency or for which a spotted lanternfly checklist, obtained from the department’s website at datcp.wi.gov or from the state of origin, was completed by the transporter within 24 hours of leaving the infested area.
(c) Material 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 free from spotted lanternfly, or have not been exposed to spotted lanternfly. The certificate shall explain the basis for the official’s statement.
2. That the items were found, at the time of inspection, to be free of spotted lanternfly.
3. That the items have been effectively treated to destroy spotted lanternfly. The phytosanitary certificate shall specify the pesticide or other treatment used.
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.
