ATCP 21.16 ATCP 21.16 Hemlock woolly adelgid; import controls and quarantine.

ATCP 21.16(1) (1) Hemlock movement or imports restricted from the infested area.

ATCP 21.16(1)(a) (a) In this subsection, “infested area” means all of the following:

ATCP 21.16(1)(a)1. 1. The states of 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, and Nova Scotia.

ATCP 21.16(1)(a)2. 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 hemlock woolly adelgid.

ATCP 21.16(1)(b) (b) Except as provided in sub. (2), no person may import any of the following items to this state from the infested area; or move any of the following items from an infested area to an area that is not infested within this state:

ATCP 21.16(1)(b)1. 1. Hemlock seedlings.

ATCP 21.16(1)(b)2. 2. Hemlock nursery stock.

ATCP 21.16(1)(b)3. 3. Hemlock logs with bark.

ATCP 21.16(1)(b)4. 4. Hemlock lumber with bark.

ATCP 21.16(1)(b)5. 5. Hemlock bark chips.

ATCP 21.16(1)(b)6. 6. Hemlock bark.

ATCP 21.16(1)(b)7. 7. Cut hemlock trees.

ATCP 21.16(1)(b)8. 8. Hemlock branches.

ATCP 21.16(2) (2) Exemptions. Subsection (1) does not apply if any of the following apply:

ATCP 21.16(2)(a) (a) A pest control official in the state of origin inspects the imported items and certifies any of the following in a phytosanitary certificate that accompanies the import shipment:

ATCP 21.16(2)(a)1. 1. That the items originate from non-infested premises and have not been exposed to hemlock woolly adelgid.

ATCP 21.16(2)(a)2. 2. That the items were found, at the time of inspection, to be free of hemlock woolly adelgid.

ATCP 21.16(2)(a)3. 3. That the items have been effectively treated to destroy hemlock woolly adelgid. The phytosanitary certificate shall specify the pesticide or other treatment used.

ATCP 21.16(2)(a)4. 4. That the items are produced, processed, stored, handled, or used under conditions, described in the phytosanitary certificate, that effectively preclude the transmission of hemlock woolly adelgid.

ATCP 21.16(2)(b) (b) The items are imported under a written agreement between the importer and the department. The agreement shall specify import terms and conditions including the following:

ATCP 21.16(2)(b)1. 1. The name and address of the importer and import recipient.

ATCP 21.16(2)(b)2. 2. The proposed source and destination of each import shipment.

ATCP 21.16(2)(b)3. 3. The proposed import dates or time period.

ATCP 21.16(2)(b)4. 4. The items to be imported in each proposed shipment.

ATCP 21.16(2)(b)5. 5. The proposed size and frequency of import shipments.

ATCP 21.16(2)(b)6. 6. The proposed method of import.

ATCP 21.16(2)(b)7. 7. Required import conditions that will, in the department’s opinion, effectively prevent the spread of hemlock woolly adelgid.

ATCP 21.16(2)(b)8. 8. Provisions authorizing the department to cancel the agreement at any time, with or without cause or prior notice.