12-006 Code Vt. R. 12-020-006-X - VERMONT DEPARTMENT OF AGRICULTURE/DEPARTMENT OF FORESTS, PARKS AND RECREATION JOINT QUARANTINE NO. 2 (HEMLOCK WOOLLY ADELGID)

JOINT RULE WITH:

AGENCY 20. DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS

SUB-AGENCY 031.

PLANT INDUSTRY DIVISION

CHAPTER 011.

HEMLOCK WOOLY ADELGID - JOINT QUARANTINE NO. 2 (JOINT RULE WITH DEPARTMENT OF FORESTS, PARKS AND RECREATION)

See 20 031 011 in volume 1A for text of this rule

Section I Statement of Concerns

Whereas Hemlock Woolly Adelgid (Adelges tsugae Annand) has been found to cause mortality of Eastern Hemlock (Tsuga canadensis);

Whereas Hemlock Woolly Adelgid is established in Southern New England and has shown rapid movement northward;

Whereas this pest has been found to be difficult to control in natural Hemlock stands;

Whereas for this potentially dangerous insect very little is known about both its biology and economic impact;

Whereas Hemlock is a very valuable component of Northern New England's forest for both timber and wildlife as well as a high value landscape ornamental;

Therefore, the State of Vermont is hereby establishing this exterior plant quarantine and compliance agreement with wood using industries against Hemlock Woolly Adelgid for the protection of these valuable resources.

Section II Definitions

1. "Additional Declaration" means a statement certifying material has been inspected and found to be free of Hemlock Woolly Adelgid.

2. "Bark" means the tissue of woody stem outside cambium.

3. "Commissioner" means the Commissioner of Agriculture and the Commissioner of Forests. Parks and Recreation of the State of Vermont.

4. "Eastern Hemlock" means the tree species, Tsuga canadensis.

5. "Compliance Agreement" means the contract between State and lumber mills to allow movement of Hemlock. See Appendix A.

6. "Hemlock Woolly Adelgid" means the insect known as Hemlock Woolly Adelgid, Adelges tsugae Annand, in the order Homoptera, and family Adelgidae.

7. "Inspector" means an inspector of the Vermont Department of Agriculture. Vermont Department of Forests, Parks and Recreation, or of the United States Department of Agriculture, when authorized by the Commissioner to act in that capacity.

8. "Nursery Stock" means all woody or herbaceous shrubs, trees, plants and vines, including bulbs an drhizomes as well as buds, grafts, scions and other parts capable of propagation whether wild, cultivated or grown under artificial covering or artificial conditions. This definition does not include cut flowers or seeds.

9. "Lumber" shall include sawed timber with bark still attached.

10. "Logs" means the main stem of a tree including smaller sections used for pulp.

11. "Sanitary Action" means to spray infested trees and shrubbery in such order as to exterminate the Hemlock Woolly Adelgid as directed by the Commissioner.

Section III Statutory Authority

The statutory authority for these regulations is Chapter 83, Sections 982 and 983.

Section IV Specific Purpose and Factual Basis

The specific purpose of these regulations is to protect Vermont's Hemlock resource by preventing the introduction of Hemlock Woolly Adelgid into Vermont and its spread within the State.

The Departments of Agriculture and Forests. Parks and Recreation have determined that this exterior quarantine is necessary based on the following facts:

The Hemlock Woolly Adelgid is an introduced species, probably a native of Asia, and a serious pest of Eastern Hemlock in several Northeastern States. This insect feeds mainly on the young branches by inserting its piercing and sucking mouthparts and removing sap. This feeding retards or prevents tree growth, causes needles to discolor and drop prematurely, kills branches, generally weakens, disfigures and causes death of trees.

Little is actually known about the Hemlock Woolly Adelgid life cycle, alternate hosts, actual economic damage, and rate of spread. This insect is reported to be difficult to control in natural stands of Hemlock.

Section IV Hemlock Woolly Adelgid Exterior Quarantine

A quarantine is established against the following pest and possible carriers.

A. Pest. Hemlock Woolly Adelgid (Adelges tsugae Annand).

B. Area Under Quarantine. In northeastern United States, the State of Connecticut, the State of Delaware, the State of Maryland, the State of Massachusetts, the State of New Jersey, the State of New York, the State of Pennsylvania, the State of Rhode Island, the State of Virginia and the District of Columbia.

In western United States, the State of Alaska, the State of California, the State of Oregon and the State of Washington.

C. Articles and Commodities Covered. Hemlock seedlings, hemlock nursery stock, hemlock logs, hemlock lumber with bark and chips.

D. Restrictions. All articles and commodities covered are prohibited entry into the State from the area under quarantine unless specified conditions (listed below) are met.

1. Hemlock seedlings and hemlock nursery stock are:

admissible into Vermont provided each lot is accompanied with an additional declaration that said material is free from Hemlock Woolly Adelgid.

2. Hemlock logs, hemlock lumber with bark and chips are:

admissible provided that said material is only shipped to preapproved sites within Vermont where compliance agreements are in effect. If said material is shipped to other sites, it must be accompanied by a certificate issued by the Departments of Agriculture or Forestry of the state of origin affirming (a) the material was grown in the state of origin, (b) the material is free from Hemlock Woolly Adelgid, (c) the material originated from an uninfested area in the state of origin.

Mollie Beattie, Commissioner

Vt. Dept. Forests, Parks and Recreation

Ronald A. Allbee, Commissioner

Vt. Dept. Agriculture

STATE OF VERMONT

Department of Forests, Parks and Recreation and Department of Agriculture

HEMLOCK WOOLLY ADELGID QUARANTINE

Compliance Agreement

Agreement between the State of Vermont and .... for movement of hemlock logs, pulpwood, and other hemlock parts from states with known infestation of hemlock woolly adelgid (HWA) to preapproved sites in the State of Vermont.

1. Objective: To protect the hemlock resource of Vermont from the reported threat of HWA while not interrupting delivery of hemlock raw materials to using mills in Vermont.

2. Responsibility: As defined by Vermont State Law Title 6, Chapter 83, Section 981, Interstate Pest Control Compact, and Sections 982 and 983, the Commissioners of the Departments of Forests, Parks and Recreation and Agriculture may prohibit, prevent, or regulate the entry into the State of any plants or parts of plants which may cause the introduction or spread of a dangerous forest insect or disease. As defined in the above law, the commissioners, when it is found that there exists in another state any dangerous insect infestation, are authorized to promulgate and enforce a quarantine prohibiting or restricting the transportation into or through the State. The Vermont Department of Agriculture and Department of Forests, Parks and Recreation, in cooperation with their counterparts in Maine and New Hampshire, have determined that HWA constitutes a potential threat to the hemlock resource of the State and the region.

Hemlock woolly adelgid is classed a dangerous forest insect, and transport of uncertified hemlock host material from infested states to unapproved sites in Vermont is prohibited. The Vermont Department of Forests, Parks and Recreation, in cooperation with the Vermont Department of Agriculture, will allow uncertified interstate transport of hemlock logs, pulpwood, and parts to preapproved sites.

3. Agreement: The Vermont Department of Agriculture and the Department of Forests, Parks and Recreation agrees to allow .... and its wood suppliers to move uncertified hemlock logs, pulpwood, and parts from infested states (see attached map) to the premises located: .....

This agreement is to become effective .... and will be renewed annually until conditions of pest risk are such that continuance of the agreement is inappropriate.

4. Special Requirements:

A. Hemlock logs, pulpwood and parts from these premises will not be moved to another location without approval of a State quarantine inspector and in compliance with the regulatory action prescribed by him, except that free movement between the premises listed herein is allowed.

B. Vermont Department of Forests, Parks and Recreation/Vermont Department of Agriculture representatives may go on .... premises at any time to check for presence of HWA, but must be accompanied by a representative of .... for safety reasons.

C. .... shall undertake sanitary action against any infestation of HWA found on the above premises to the satisfaction of the Commissioner.

Date: ....
Dept. of Forests, Parks and Recreation
Dept. of Agriculture
....	....
Name:....	Name:....
Title:.. ...	Title:....

Notes

12-006 Code Vt. R. 12-020-006-X