Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule establishes a quarantine against
the spread of a serious insect pest, known as the pine shoot beetle,
Tomicus piniperda Linnaeus, to other uninfested areas of the state
of Missouri, and other states, and establishes those articles and areas which
are to be regulated.
(1) It
has been determined that the pine shoot beetle, native to Europe, and a
destructive pest of pine (Pinus spp.) has become established
in Missouri. It is not yet known to be generally distributed throughout the
state of Missouri, and its introduction into the remainder of the state would
cause further economic and ecological loss. As such, the state entomologist,
under the authority of section
263.140,
RSMo, of the Missouri Plant Law does now establish a quarantine to prevent the
spread of this pest into uninfested parts of Missouri and other states and now
sets forth the name of this pest against which the quarantine is established,
the quarantined area, the articles regulated, the rules governing movement of
regulated articles, and the penalty.
(2) The following definitions shall apply to
this quarantine:
(A) Bark means the natural
bark of a tree, including the ingrown bark around the knots and bark pockets
between rings of annual growth and an additional one-half- (1/2-) inch of wood,
including the vascular cambium;
(B)
Certificate of inspection is a document authorized to be issued by the director
to allow the movement of regulated articles from the quarantined area to
destinations within the state of Missouri;
(C) Compliance agreement is a written
agreement between the director and a person or entity moving regulated articles
out of the quarantined area;
(D)
Director is the director of the Missouri Department of Agriculture or his/her
authorized representative;
(E)
Established refers to the presence of a reproducing population of the pine
shoot beetle;
(F) Inspector refers
to an employee of the Missouri Department of Agriculture, Plant Pest Control
Bureau or United States Department of Agriculture/Animal and Plant Health
Inspection Service/Plant Protection and Quarantine (USDA/APHIS/PPQ) authorized
to enforce the provisions of this quarantine;
(G) Limited permit means a document which an
inspector, or person operating under a compliance agreement, affirms that the
regulated article identified on the document is eligible for intrastate and/or
interstate movement in accordance with this quarantine to a specified
destination and only in accordance with specified conditions; and
(H) Pine shoot beetle is the insect
classified as Tomicus piniperda Linnaeus in any life
stage.
(3) The following
is a list of articles, the movement of which is regulated:
(A) The pine shoot beetle, Tomicus
piniperda Linnaeus, in any living stage of development;
(B) Nursery stock, Christmas trees, bark
products, raw pine materials for pine wreaths and garlands, lumber with bark
attached, and other material living, dead, cut, or fallen, including logs,
stumps, roots, branches, and composted and uncomposted chips of the genus
Pinus;
(C) Any
item made from or containing pine wood that is capable of spreading the pine
shoot beetle; and
(D) Any article,
product, or means of conveyance when it is determined by the director to
present the risk of spread of the pine shoot beetle.
(4) The director may designate any area of
Missouri as quarantined for the pine shoot beetle by listing the designated
area on the Missouri Department of Agriculture website (www.mda.mo.gov). The director will notify
affected counties upon designation.
(5) The following are conditions of movement
of regulated articles:
(A) Movement Within a
Quarantined Area-Movement of the regulated article within a quarantined area is
allowed;
(B) Movement Out of a
Quarantined Area-Movement of the regulated article from any quarantined area to
any destination outside the quarantined area is prohibited, except under the
following conditions:
1. Pine Christmas trees
and brush- Movement of Christmas trees and brush during October, November, and
December, or when ambient air temperature is below ten degrees Celsius (10
oC) (fifty degrees Fahrenheit (50
oF)), is allowed under a limited permit,
certificate, or compliance agreement if-
A.
Visual inspection of the trees or brush in a shipment or the plantation does
not detect the presence of the pine shoot beetle. The number of trees selected
for inspection is determined by the size and type of shipment, in accordance
with 7 CFR, Ch. III, Part 301.50;
B. The Christmas tree plantation is under and
adhering to the conditions of a compliance agreement; or
C. The shipment of Christmas trees or brush
is treated using one (1) of the fumigation methods as outlined in accordance
with 7 CFR, Ch. III, Part 301.50; or
2. Pine logs and lumber with bark
attached-Movement of pine logs or lumber with bark attached out of the
quarantine area is prohibited, except under the following conditions:
A. If the shipment is taking place from July
1 through October 31, and the source of the pine was felled during the same
period, the shipment may move unrestricted; or
B. If the shipment is taking place from
November 1 through June 30 movement is allowed under the following conditions:
(I) The shipment has been treated at the
point of origin under the supervision of an inspector with the approved method
of fumigation as outlined in accordance with 7 CFR, Ch. III, Part 301 and
issued a certificate attesting to such; or
(II) The shipment will be moved under a
limited permit to a receiving facility that is operating under, and meeting the
standards set forth in, a compliance agreement approved by the director. The
compliance agreement will specify the conditions for handling, processing,
and/or utilizing pine bark to prevent the spread of the pine shoot beetle;
or
3. Pine
bark and pine mulch-Movement of pine bark and pine mulch out of the quarantine
area is prohibited, except under the following conditions:
A. If the shipment is taking place from July
1 through October 31, and the source of the pine was felled during the same
period, then the shipment may move unrestricted after the issuance of a
certificate by an inspector attesting to such; or
B. If the shipment is taking place from
November 1 through June 30, movement is allowed under the following conditions:
(I) The shipment has been treated at the
point of origin under the supervision of an inspector with the approved method
of fumigation as outlined in accordance with 7 CFR, Ch. III, Part 301.50 and
issued a certificate attesting to such; or
(II) The pine bark or pine mulch shipment
will be meeting the standards set forth in a compliance agreement approved by
the director. The compliance agreement will specify the conditions for the
handling and processing of the pine bark which will prevent the spread of the
pine shoot beetle; or
4. Pine nursery stock-Movement of pine
nursery stock is allowed under a certificate or compliance agreement if-
A. A visual inspection of one hundred percent
(100%) of the trees in a shipment is conducted. Evidence of infestation in any
one (1) tree will result in the rejection of that tree; or
B. The pine tree nursery is under, and
adhering to the conditions of, a compliance agreement; and
(C) Transiting Quarantined
Areas-Movement of the regulated article from an area outside the quarantined
area to any destination outside the quarantined area that transits through the
quarantined area is allowed under the following conditions:
1. The point of origin must be indicated on
the waybill, invoice, or shipping document that accompanies the shipment;
and
2. The shipment must move
through the quarantined areas without stopping except to drop-off loads,
refuel, or for traffic conditions such as traffic lights or stop signs. If the
regulated article is transiting a quarantined area during the period of January
1 through September 30, and the temperature is higher than ten degrees Celsius
(10
oC) (fifty degrees Fahrenheit (50
oF)), the article must be shipped in an
enclosed vehicle or completely covered (such as with plastic, canvas, or other
closely woven cloth) so as to prevent access by the pine shoot
beetle.
(6)
Regulated articles transported in violation of this quarantine must be treated,
destroyed, or returned to the point of origin at the discretion of the state
entomologist. Common carriers or other carriers, persons, firms, or
corporations who transport or move regulated articles in violation of this
quarantine and these rules will be subject to the penalties named in section
263.180, RSMo, of the
Missouri Plant Law.
(7) These rules
are distinct from, and in addition to, any federal statute, regulation, or
quarantine order addressing the interstate movement of articles from the
quarantined area or the state of Missouri.
*Original authority: 263.040, RSMo 1939, amended 1984;
263.050, RSMo 1939, amended 1984, 1993, 1995; 263.130, RSMo 1939, amended 1984;
263.140, RSMo 1939, amended 1984; and 263.180, RSMo 1939, amended
1984.
