Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 21 - Plant Inspection And Pest Control
Section ATCP 21.16 - Hemlock woolly adelgid; import controls and quarantine
Universal Citation: WI Admin Code ยง ATCP 21.16
Current through August 26, 2024
(1) HEMLOCK MOVEMENT OR IMPORTS RESTRICTED FROM THE INFESTED AREA.
(a) In this subsection, "infested area" means
all of the following:
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.
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.
(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:
1. Hemlock
seedlings.
2. Hemlock nursery
stock.
3. Hemlock logs with
bark.
4. Hemlock lumber with
bark.
5. Hemlock bark
chips.
6. Hemlock bark.
7. Cut hemlock trees.
8. Hemlock
branches.
(2) EXEMPTIONS. Subsection (1) does not apply if any of the following apply:
(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:
1. That the items originate from non-infested
premises and have not been exposed to hemlock woolly adelgid.
2. That the items were found, at the time of
inspection, to be free of hemlock woolly adelgid.
3. That the items have been effectively
treated to destroy hemlock woolly adelgid. The phytosanitary certificate shall
specify the pesticide or other treatment used.
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.
(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:
1. The name and address of the
importer and import recipient.
2.
The proposed source and destination of each import shipment.
3. The proposed import dates or time
period.
4. The items to be imported
in each proposed shipment.
5. The
proposed size and frequency of import shipments.
6. The proposed method of import.
7. Required import conditions that will, in
the department's opinion, effectively prevent the spread of hemlock woolly
adelgid.
8. Provisions authorizing
the department to cancel the agreement at any time, with or without cause or
prior notice.
(3) KNOWINGLY IMPORTING PLANT PEST; PROHIBITION. No person may knowingly import live hemlock woolly adelgid, Adelges tsugae (Annand) into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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