2 CSR 70-11.070 - Pine Shoot Beetle Intrastate Quarantine
(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
°C) (fifty degrees Fahrenheit (50 °F)), 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 °C) (fifty degrees Fahrenheit (50 °F)), 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.
Notes
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