ATCP 21.16 History History: CR 02-121: cr. Register July 2003 No. 571, eff. 8-1-03; CR 18-019: am. (1) Register January 2020 No. 769, eff. 2-1-20; CR 22-022: am. (title), cr. (1) (a), renum. (1) (intro.) to (1) (b), renum. (1) (a) to (d) to (1) (b) 1. to 4., renum. (1) (e), (f) to (1) (b) 5., 6. and am. cr. (1) (b) 7., 8., cr. (3) Register June 2023 No. 810, eff. 7-1-23; correction in (1) (a) (intro.) made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 21.18 ATCP 21.18 Asian longhorned beetle; import controls and quarantine.

ATCP 21.18(1) (1) Importing or moving regulated items from infested areas; prohibition. Except as provided in sub. (3), no person may do any of the following:

ATCP 21.18(1)(a) (a) Import a regulated item under sub. (2) into this state if that item originates from an Asian longhorned beetle regulated area identified in 7 CFR 301.51-3.

ATCP 21.18(1)(b) (b) Move a regulated item under sub. (2) out of a regulated area that is identified in 7 CFR 301.51-3 and located in this state.

ATCP 21.18 Note 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 301.51-3. Subsection (1) applies to new regulated areas as those areas are identified in the CFR.

ATCP 21.18 Note 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 updates, if any, are available on the department’s website at https://datcp.wi.gov/Pages/Homepage.aspx. 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 visiting the department’s website, or by writing to the following address:

ATCP 21.18 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911

ATCP 21.18(2) (2) Regulated items. The following are regulated items for purposes of sub. (1):

ATCP 21.18(2)(a) (a) The Asian longhorned beetle, Anoplophora glabripennis (Motschulsky), in any living stage.

ATCP 21.18(2)(b) (b) Cut firewood of all non-coniferous species.

ATCP 21.18(2)(c) (c) Trees, tree parts, wood, or debris, more than ½ inch in diameter, from any of the following genera: Acer (maple), Aesculus (buckeye), Albizia (mimosa), Betula (birch), Celtis (hackberry), Fraxinus (ash), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm). This includes nursery stock, logs, green lumber, stumps, roots, and branches, whether living, dead, cut, or fallen.

ATCP 21.18(2)(d) (d) Any other item or substance not listed in sub. (2) that may be designated as a regulated item if a pest control official determines that it presents a risk of spreading Asian longhorned beetle and notifies the person in possession of the item or substance that it is subject to the restrictions of the regulations.

ATCP 21.18(3) (3) Inspected and certified items; exemption. Subsection (1) does not prohibit the shipment of a regulated item if a pest control official in the state or province of origin does all of the following:

ATCP 21.18(3)(a) (a) Inspects the regulated item.

ATCP 21.18(3)(b) (b) Certifies any of the following in a certificate that accompanies the shipment:

ATCP 21.18(3)(b)1. 1. The inspected item originates from non-infested premises and has not been exposed to Asian longhorned beetle.

ATCP 21.18(3)(b)2. 2. The inspected item was found, at the time of inspection, to be free of Asian longhorned beetle.

ATCP 21.18(3)(b)3. 3. The inspected item has been effectively treated to destroy Asian longhorned beetle. The certificate shall specify the date and method of treatment.

ATCP 21.18(3)(b)4. 4. The inspected item was produced, processed, stored, handled, or used under conditions, described in the certificate, that effectively preclude the transmission of Asian longhorned beetle.

ATCP 21.18 History History: CR 06-008: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 21.19 ATCP 21.19 Phytophthora ramorum; import controls and quarantine.

ATCP 21.19(1) (1) Importing or moving regulated items from infested areas; prohibition. Except as provided in sub. (3), no person may do any of the following:

ATCP 21.19(1)(a) (a) Import a regulated item under sub. (2) into this state if that item originates from any Phytophthora ramorum regulated area identified in 7 CFR 301.92-3.

ATCP 21.19(1)(b) (b) Move any regulated item under sub. (2) out of any Phytophthora ramorum regulated area that is identified in 7 CFR 301.92-3 to any Phytophthora ramorum unregulated area within this state.

ATCP 21.19 Note 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. Updates, if any, are available on the department’s website at https://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 visiting the department’s website, or by writing to the following address:

ATCP 21.19 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911

ATCP 21.19(2) (2) Regulated items. The following are regulated items for purposes of sub. (1):

ATCP 21.19(2)(a) (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 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.