312 IAC 18-3-14 - Control (quarantine) of gypsy moth
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-8-2-202; IC 14-24; IC 15-16-4-37; IC 15-16-5
Sec. 14.
(a) The
gypsy moth (Lymantria dispar) is a pest or pathogen. This section governs
standards for the control of the gypsy moth in Indiana.
(b) In addition to the definitions in
312 IAC 1-1 and
312 IAC 18-1, the following
definitions apply throughout this section:
(1) "Associated equipment" means any article
associated with mobile homes and recreational vehicles and includes the
following:
(A) Awnings.
(B) Tents.
(C) Outdoor furniture.
(D) Trailer blocks and hitches.
(E) Trailer skirts.
(2) "Certificate" means a document issued by
an inspector, a qualified certified applicator, or any other person operating
under a compliance agreement to allow the movement of regulated articles to any
destination.
(3) "Compliance
agreement" means a written agreement between the department and a person
engaged in:
(A) growing;
(B) selling;
(C) processing;
(D) handling; or
(E) moving; regulated articles.
(4) "Effectively diminishing"
means the results of two (2) successive annual federal or state delimiting
trapping surveys of an area conducted under section 2, "Gypsy Moth Survey", of
the program manual show that the average number of gypsy moths caught per trap
in the second delimiting survey (when comparable geographical areas and
trapping densities are used) is:
(A) less
than ten (10); and
(B) less than
the average number of gypsy moths; caught per trap in the first
survey.
(5) "Eradication
program" means a program that uses pesticide application, biological controls,
or other methods with the goal of eliminating the gypsy moth from an infested
area.
(6) "General infestation"
means either of the following:
(A) The
detection of gypsy moth egg masses through visual inspection by an inspector
during a ten (10) minute walk through the area, but it does not include the
presence of gypsy moth egg masses that are found as a result of hitchhiking on
transitory means of conveyance.
(B)
The detection of the gypsy moth through multiple catches of adult gypsy moths
at multiple trapping locations in the area for two (2) or more consecutive
years if the state entomologist determines the gypsy moth is established in the
area.
(7) "Generally
infested area" means an area that is listed or designated as set forth under
either of the following:
(A) A state or
portion of a state listed in 7 CFR 301.45-3 or temporarily
designated as a generally infested area under
7 CFR
301.45-2(c).
(B) An Indiana county or portion of a county
listed as generally infested in this rule.
(8) "Gypsy moth" means any race or strain of
the live insect, Lymantria dispar, in any life stage (egg, larva, pupa, or
adult).
(9) "Infested area" means
any of the following:
(A) An area in Indiana
where the gypsy moth has been found and is known to have two (2) or more life
stages present.
(B) An area for
which it is determined by the state entomologist as necessary to regulate
because of the proximity of the infested area to a generally infested area or
another infested area.
(C) An area
where a life stage of the Asian strain or another related strain of gypsy moth
has been found. (10) "Inspector" means a person designated to assist in the
implementation of this section and includes each of the following:
(A) An authorized employee of the division as
defined in
312 IAC 18-1-6.
(B) A federal employee authorized by the
United States Department of Agriculture who is also authorized by the state
entomologist.
(C) Another person
trained and authorized by the state entomologist.
(11) "Interstate" means from any state into
or through any other state.
(12)
"Intrastate" means within Indiana.
(13) "Limited permit" means a document issued
by a federal inspector or an authorized state cooperator under
7 CFR
301.45 to allow the interstate movement of
regulated articles to a specified destination.
(14) "Mobile home" means a vehicle, other
than a recreational vehicle, designed to serve, when parked, as a dwelling or
place of business.
(15) "Move"
means any of the following:
(A)
Ship.
(B) Offer for shipment to a
common carrier.
(C) Receive for
transportation or transported by a common carrier.
(D) Carry, transport, move, or allow to be
moved by a person by any means.
"Movement" and "moved" shall be construed under this subdivision.
(16)
"Outdoor household articles" or "OHA" means articles associated with a
household that are kept outside the home. The term includes the following:
(A) Awnings.
(B) Benches.
(C) Birdhouses.
(D) Bird feeders or other feeders.
(E) Boats.
(F) Chairs.
(G) Children's playhouses.
(H) Children's playthings.
(I) Doghouses.
(J) Firewood.
(K) Garden equipment.
(L) Garden machinery.
(M) Grills.
(N) Hauling trailers.
(O) Outdoor furniture.
(P) Planters.
(Q) Sandboxes.
(R) Tables.
(S) Utility sheds.
(T) Tents.
(U) Similar articles.
(17) "Person" has the meaning set forth in IC
14-8-2-202(c).
(18) "Program
manual" means the United States Department of Agriculture, Animal and Plant
Health Inspection Service, Plant Protection and Quarantine, Gypsy Moth Program
Manual, Second Edition, 2019.
(19)
"Qualified certified applicator" or "QCA" means an individual who is not an
inspector but:
(A) is certified in Indiana
under IC 15-16-5 under the portions of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) found at
7 U.S.C.
136i(a) through
7 U.S.C.
136i(c) as a certified
commercial applicator in a category allowing use of a "restricted use
pesticide" as defined at IC 15-16-4-37;
(B) has attended and completed a workshop
approved by the United States Department of Agriculture, Animal and Plant
Health Inspection Service, Plant Protection and Quarantine on the
identification and treatment of gypsy moth life stages on outdoor household
articles and mobile homes; and
(C)
has entered into a compliance agreement under
7 CFR
301.45-6 for the purpose of inspecting,
treating, and issuing certificates for the movement of outdoor household
articles and mobile homes.
(20) "Recreational vehicle" means any highway
vehicle designed to serve as a temporary place of dwelling or business. The
term includes pickup truck campers, one-piece motor homes, travel trailers, and
similar vehicles.
(21) "Regulated
article" includes each of the following:
(A)
Trees without roots, for example, Christmas trees, trees with roots, and shrubs
with roots and persistent woody stems (unless greenhouse-grown throughout the
year).
(B) Logs, pulpwood, and wood
chips.
(C) Mobile homes and
associated equipment.
(D) Any other
products, articles, or means of conveyance if an inspector determines:
(i) a life stage of the gypsy moth is in
proximity to the articles; and
(ii)
the articles present a high risk of artificial spread of gypsy moth
infestation; and the person in possession of the articles is so
notified.
(c) The following items are regulated under
this section:
(1) Gypsy moths.
(2) Trees and woody shrubs, including cut
Christmas trees, and nursery stock, not grown in a greenhouse throughout the
year.
(3) Logs, slab wood, wood
chips, and pulpwood, unless moved to a mill operating under a compliance
agreement.
(4) Recreational
vehicles, boats, trailers, tents, and associated equipment.
(5) Mobile homes and associated
equipment.
(6) Outdoor household
articles.
(7) Any other products,
articles, or means of conveyance if it is determined by an inspector that a
life stage of the gypsy moth is in proximity to such articles, presenting a
risk of artificial spread of the gypsy moth, and the person in possession of
those articles is so notified.
(d) The designation of a generally infested
area becomes effective immediately upon publication of a notice caused to be
placed by the state entomologist in a newspaper of general circulation in the
affected county. The notice shall include the process by which an affected
person may take administrative review under
312 IAC 3-1.
(e) The Indiana counties declared to be
generally infested areas and subject to quarantine under this rule are as
follows:
(1) Allen County.
(2) DeKalb County.
(3) Elkhart County.
(4) LaGrange County.
(5) Lake County.
(6) LaPorte County.
(7) Noble County.
(8) Porter County.
(9) St. Joseph County.
(10) Steuben County.
(11) Whitley County.
(f) The movement of regulated articles is
governed by the following standards:
(1) No
common carrier or other person shall move from a generally infested area any
regulated article into or out of Indiana except under the conditions set forth
in this subsection.
(2) A
certificate must accompany the movement of regulated articles from a generally
infested area into or through any area that is not a generally infested area. A
copy of the certificate must be forwarded to the Indiana Department of Natural
Resources, Division of Entomology and Plant Pathology, within seven (7) days of
movement. Certificates may be issued by an inspector if the regulated articles:
(A) originated in a not generally infested
area and are not exposed to infestation while within the generally infested
area;
(B) are found by an inspector
to be free of infestation;
(C) are
treated under procedures approved by the state entomologist to destroy any
infestation;
(D) are:
(i) grown;
(ii) produced;
(iii) manufactured;
(iv) stored; or
(v) handled; so no infestation is
transmitted; or
(E) are:
(i) handled;
(ii) used;
(iii) processed; or
(iv) treated; at the destination so the
movement will not spread the gypsy moth.
(3) There are no restrictions imposed on the
movement of regulated articles exclusively within a generally infested
area.
(4) A certificate for the
movement of regulated articles may be conditioned by an inspector to assure
compliance with this rule and may be canceled for failure to comply with this
rule or any term of the conditions.
(g) An inspector may, under IC 14-24-4-1,
stop and inspect, without a warrant, any person or means of conveyance moving
within Indiana upon probable cause to believe the person or means of conveyance
is carrying infested articles. The inspector may by order seize, treat,
destroy, or otherwise dispose of articles found to be moving in violation of
this subsection. Items will be destroyed only if it is determined by the
inspector that destruction is the only feasible method to avoid transportation
of the life stages of gypsy moths. The order shall specify that an aggrieved
person may request administrative review in the same manner as is provided
under IC 14-24-5-7(d).
(h) The
division may at any time treat campgrounds, roadside rests, and similar sites
to eradicate or suppress a gypsy moth infestation.
(i) The following conditions govern the
intrastate movement of regulated articles and household articles from generally
infested areas:
(1) Except as provided in
subdivision (3) or (4), a regulated article must not be moved from an infested
area or a generally infested area within Indiana or moved outside Indiana
unless a certificate or permit is issued and attached to the regulated article
under 7 CFR
301.45-5,
7 CFR
301.45-8, and this section.
(2) An outdoor household article must not be
moved within Indiana or moved outside Indiana from a generally infested area
into or through an area that is not generally infested unless a certificate of
OHA document is issued and attached to the outdoor household article under
7 CFR
301.45-5,
7 CFR
301.45-8, and this section.
(3) A regulated article originating outside a
generally infested area may be moved interstate and intrastate directly through
a generally infested area without a certificate or permit if the point of
origin for the article is clearly indicated by shipping documents, its identity
is maintained, and the article is safeguarded against infestation while in a
generally infested area during the months of April through June. To be
safeguarded, the article must be in an enclosed vehicle or completely enclosed
by a covering adequate to prevent access by gypsy moths. Examples of an
appropriate covering include canvas, plastic, or closely woven cloth.
(4) A regulated article originating in a
generally infested area may be moved interstate from a generally infested area
without a certificate if one (1) of the following is satisfied:
(A) The article is moved by the United States
Department of Agriculture or by authorized personnel of the department for
experimental or scientific purposes under a permit issued by the United States
Department of Agriculture for interstate movement or by the department for
intrastate movement. An article or the container must have securely attached a
tag or label bearing the permit number.
(B) The article is logs, pulpwood, or wood
chips and the person moving the article has attached a signed accurate
statement to the waybill, or other shipping documents accompanying the article,
indicating the person inspected the article under the program manual not more
than five (5) days before movement and found no life stages of gypsy moths on
the article.
(j) The following are requirements concerning
the issuance and cancellation of certificates, limited permits, and outdoor
household article documents:
(1) A certificate
may be issued by an inspector for the movement of a regulated article or an
outdoor household article if the inspector determines the article is eligible
for certification for movement to a destination under any federal domestic
plant quarantines applicable to the article and at least one (1) of the
following conditions is met:
(A) The article:
(i) originated in noninfested premises in a
generally infested area; and
(ii)
has not been exposed to the gypsy moth while within the generally infested
area.
(B) An inspector:
(i) inspects the article not more than five
(5) days before movement during the months of April through August (fourteen
(14) days before movement from September through March); and
(ii) finds it to be free of the gypsy
moth.
(C) The article is
treated under the direction of an inspector to destroy the gypsy moth under the
program manual.
(D) An inspector
determines the article is:
(i)
grown;
(ii) produced;
(iii) manufactured;
(iv) stored; or
(v) handled; so no infestation would be
transmitted.
(2) Limited permits may be issued by an
inspector to allow interstate movement of a regulated article to specified
destinations for handling, use, processing, or treatment under the program
manual, if the inspector determines other federal domestic plant quarantines
are met and either the:
(A) movement will not
result in the spread of the gypsy moth because life stages of the moths will be
destroyed by the specific handling, use, processing, or treatment; or
(B) gypsy moth will not survive in areas to
which the regulated article is to be shipped.
(3) A certificate and limited permit form may
be issued by an inspector to a person for use for subsequent shipments of
regulated articles if the person is operating under a compliance agreement. A
person operating under a compliance agreement may execute and issue the
certificate forms, or reproduction of the forms, for the interstate movement of
regulated articles from the person's premises, if the:
(A) person treats the articles as specified
in the compliance agreement; and
(B) regulated articles are eligible for
certification for movement under any applicable federal domestic plant
quarantines.
A person operating under a compliance agreement may execute and issue the limited permit forms, or reproductions of the forms, for the interstate movement of regulated articles to specified destinations if an inspector complies with subdivision (2).
(4) A certificate may be issued by a
qualified certified applicator for the interstate movement of an outdoor
household article or mobile home if the qualified certified applicator
determines the article:
(A) was inspected by
the qualified certified applicator and found to be free of any life stage of
the gypsy moth; or
(B) has been
treated to destroy the gypsy moth under section 3 of the program manual by, or
under the direction of, a qualified certified applicator.
(5) An OHA document may be issued by the
owner of an outdoor household article for the interstate movement of the
article if the person:
(A) inspects the
outdoor household article; and
(B)
finds it to be free of the gypsy moth.
(6) A certificate or permit issued or
authorized under this subsection may be suspended by an inspector upon a
determination that a condition of the certificate or permit has been violated.
The reasons for the suspension:
(A) shall be
set forth in a written notice under IC 14-24-5-7(d); and
(B) may include an order to destroy or
control any article to prevent the spread of the gypsy
moth.
(k) This
subsection governs compliance agreements as follows:
(1) A person engaged in the business of
growing, handling, or moving regulated articles may enter into a compliance
agreement to facilitate the movement of the articles. A compliance agreement
shall specify safeguards necessary to prevent spread of the gypsy moth,
including disinfestation practices and the appropriate application of chemical
materials. Compliance agreement forms may be obtained from an
inspector.
(2) A compliance
agreement may be suspended in writing by an inspector if the inspector
determines the agreement has been violated. The reasons for the suspension:
(A) shall be set forth in a written notice;
and
(B) may include an order to
destroy or control any article so as to prevent the spread of the gypsy moth.
The notice shall specify that an aggrieved person may request administrative
review in the same manner as is provided under IC
14-24-5-7(d).
(l) The following governs the assembly,
inspection, and certification of regulated articles and outdoor household
articles where a person does not possess a certificate or limited permit issued
under subsection (j):
(1) A person who wishes
to apply for a certificate under this subsection must request an examination
according to the following schedule:
(A) At
least seven (7) days before the intended movement of the regulated article if
the examination is to be performed by an inspector.
(B) At least fourteen (14) days before the
intended movement of an outdoor household article if a certificate is to be
issued under 7 CFR
301.45.
(C) As required by a qualified certified
applicator if a certificate is to be issued for an outdoor household article or
mobile home under 7 CFR
301.45-5 d.
(2) The inspector or qualified certified
applicator may specify any reasonable location or manner for the assembly of
articles to be examined.
(m) The following governs the attachment of
documentation to evidence a certificate or limited permit issued under this
section:
(1) A certificate, limited permit,
or OHA document required for the intrastate or interstate movement of a
regulated article or outdoor household article must, during movement, be
securely attached to the:
(A) outside of the
container containing the regulated article or outdoor household
article;
(B) article itself if not
in a container; or
(C) consignee's
copy of the waybill or other shipping document.
(2) The requirements of subdivision (1) are
met by attaching the certificate, limited permit, or OHA document to the
consignee's copy of the waybill or other shipping document only if the
regulated article or outdoor household article is sufficiently described on
the:
(A) certificate;
(B) limited permit;
(C) OHA document; or
(D) shipping document; to identify the
article.
(3) The
certificate, limited permit, or OHA document, for the movement of a regulated
article or outdoor household article, must be furnished by the carrier to the
consignee at the destination of the shipment.
(4) A qualified certified applicator who
issues a certificate or OHA document shall, at the time of issuance, send a
copy of the certificate or OHA document to the United States Department of
Agriculture, Animal and Plant Health Inspection Service for Indiana.
(5) An inspector may, under IC
14-24-4-1, stop and inspect a
shipment to determine if the gypsy moth is present. A regulated article may be
destroyed, treated, or otherwise disposed of as directed by the department
under IC 14-24-4-4.
(n) This section does not preclude the state
entomologist from issuing a permit under this rule for the movement of live
gypsy moths.
(o) A person who
violates this section is subject to applicable federal penalties and applicable
state penalties under IC 14-24 and this article.
Notes
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