DATCP Docket No. 15-R-01
Rules Clearinghouse No. 16-032
Final Draft Rule
March 24, 2017
ORDER
OF THE WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
The Wisconsin department of agriculture, trade and consumer protection adopts the following order to create s. ATCP 21.22, relating to restricting the import of certain plants, wood and wood products to prevent the introduction of the mountain pine beetle into Wisconsin. _____________________________________________________________________________
Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
The proposed rule restricts the import of certain plants, wood, and wood products to prevent the introduction of mountain pine beetle (Dendroctonus ponderosae Hopkins) into Wisconsin. The proposed rule restricts the import of affected materials from states and nations that are known to be infested with mountain pine beetle (there are certain exemptions).
Statutes Interpreted
Statutory Authority
Explanation of Statutory Authority
The Department of Agriculture, Trade and Consumer Protection (“Department”) has broad general authority, under s. 93.07(1), Stats., to interpret laws under its jurisdiction. The Department also has broad general authority, under ss. 93.07(12) and 94.01, Stats., to adopt regulations to prevent and control plant pest infestations. The Department adopts this rule, under authority of s. 227.24, Stats., by the permanent rulemaking process. Related Statutes and Rules
The Department has adopted rules regulating a variety of plant pests under ch. ATCP 21, Wis. Adm. Code. This proposed rule amends ch. ATCP 21, Wis. Adm. Code, by adding restrictions, related to preventing and controlling infestations of the mountain pine beetle. Plain Language Analysis
Background
The mountain pine beetle, Dendroctonus ponderosae Hopkins, has been described as the most destructive pest of mature pines in North America. Its major host species are ponderosa, lodgepole, and western white, but mountain pine beetle has been recorded attacking at least a half-dozen other pine species, including jack and red pine. The most recent and unprecedented outbreak of mountain pine beetle spread over 88 million acres of pine forests in Colorado, Wyoming, Idaho, Montana, and South Dakota, as well as the Canadian provinces of Alberta and British Columbia. Estimates of pine mortality in infested forests can reach 80%.
Red pine, jack pine, and eastern white pine are the most common, commercially significant pine species in Wisconsin. Recent research indicates all three species to be viable hosts for the mountain pine beetle. According to the Wisconsin Department of Natural Resources (“DNR”), over 3.5 billion cubic feet of pine growing stock is present in Wisconsin. Wisconsin’s State Forests are dominated by pine forest types, occupying about 22% of the total state timberland area (an estimated 43 million trees on state land alone). As a whole, pine species comprise about 10.7% of Wisconsin’s forest areas. About 59 million cubic feet of Wisconsin pine are removed as timber annually, accounting for 23% of the total annual commercial timber harvest. The current annual stumpage value of Wisconsin’s pine resource is estimated by DNR to be about $38 million. That number climbs to over $70 million if processed or finished pine products are included.
While the mountain pine beetle is native to North America, it historically has been limited in distribution to western pine forests from Mexico to central British Columbia. To date, no mountain pine beetle populations have been found in the United States east of the Black Hills area of South Dakota.
The most common pathway for introduction of the mountain pine beetle is in untreated or raw pine wood with the bark still on, including logs, burls, stumps, firewood, green lumber, wood chips, and wood packing material. Movement of untreated pine wood from western states to the east is uncommon, but can occur. Pulp mills, saw mills, and campgrounds may be the most likely pathways for the eastern movement of the mountain pine beetle. Natural spread is another potential pathway as presented by the recent expansion of this pest’s range eastward into the Canadian province of Alberta.
The mountain pine beetle may be spread by the movement of firewood, unfinished or untreated pine wood with bark, and products. Subject to certain exemptions, this rule establishes a Department quarantine restricting the movement of host materials, potentially infested with mountain pine beetle, into Wisconsin, if those materials originated from or were exposed to the environment in an area where the mountain pine beetle is known to exist. This rule will establish a quarantine for these materials, potentially infested with the mountain pine beetle, in order to protect the forest pine resource and forest products industry in Wisconsin.
Rule Content
Plant Pests; Import Prohibition
Under the proposed rule, no person may knowingly import the mountain pine beetle into this state, except pursuant to a special Department permit (for controlled scientific research or other limited purposes that pose no significant pest risk).
Host Materials; Import Prohibition
