Emerald Ash Borer - Minnesota Quarantine

MINNESOTA DEPARTMENT OF AGRICULTURE
STATE FORMAL QUARANTINE
EMERALD ASH BORER

Section I: Declaration Of Quarantine

Whereas, the Commissioner of the Minnesota Department of Agriculture, having found that an exotic pest, known as the emerald ash borer, Agrilus planipennis Fairmaire, has been detected in Minnesota and neighboring states and has a limited distribution at this time; and

Whereas, the emerald ash borer has been found infesting and killing ash trees, Fraxinus spp., in certain counties, cities, and townships; and

Whereas, ash trees are a valuable resource for the nursery, landscaping, and timber industries in Minnesota; and

Whereas, ash trees represent a significant component of the natural, urban and rural forest environments in Minnesota; and

Whereas, the Commissioner previously imposed an emergency quarantine on August 25. 2011 that remains in effect until superseded by this quarantine; and

Whereas, the United States Department of Agriculture, Animal and Plant Health Inspection Service ("APHIS") has ordered an interstate commerce quarantine that parallels the formal quarantine and will order an interstate commerce quarantine that parallels this quarantine; and

Whereas, APHIS will quarantine less than an entire state of Minnesota only if Minnesota adopts and enforces restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by the APHIS interstate quarantine; and

Whereas, this quarantine is consistent with and does not exceed the APHIS quarantine insofar as it affects interstate commerce;

Now, therefore, the Commissioner of the Minnesota Department of Agriculture by the authority of Minnesota Statutes Section 18G.06 (2011) declares this quarantine to prevent the further spread of this pest and sets forth: definitions, regulated articles, quarantined areas, conditions of movement, violations and penalties, and special exemptions. This quarantine shall become effective immediately and will remain in effect until withdrawn or superseded. This quarantine supersedes all previous Minnesota state quarantines for emerald ash borer.

Section II: Definitions

"Ash" means all species of the genus Fraxinus.

"Certificate" means a document authorized or prepared by the Commissioner or an APHIS employee or designee that represents that movement or use of a regulated article complies with this quarantine, the APHIS quarantine and other legal requirements.

"Commissioner" means the Commissioner of the Minnesota Department of Agriculture or his designee.

"Compliance agreement" means a written agreement between a person and APHIS, and/or the Commissioner to achieve compliance with this quarantine and the APHIS quarantine.

"Emerald Ash Borer" ("EAB") means the insect known as emerald ash borer, Agrilus planipennis Fairmaire, in any stage of development.

"Firewood" means wood cut to lengths less than four feet long. This includes firewood cut for personal use.

"Inspector" means an employee of the Minnesota Department of Agriculture or other individual authorized to enforce the provisions of this quarantine.

"Log" means tree parts cut into lengths four feet or longer.

"Minnesota" means the State of Minnesota.

"Move" ("moved," "movement") means shipped, transported, carried; held or offered for shipment, transport or carriage; received for shipment, transport or carriage; or allowed to be shipped, transported or carried.

"Person" means any individual, firm, association, partnership, corporation, governmental entity, or other legal entity.

"Quarantined Area" means any portion of Minnesota listed in Section IV of this quarantine.

"Regulated Article" means any article listed under Section III of this quarantine.

"Receiving Facility" means any mill, incinerator, or other facility that receives a regulated article.

"State" means the District of Columbia, Puerto Rico, the Northern Mariana Islands, or any state, territory, or possession of the United States.

"Transit" ("transiting") means movement through an area.

Section III: Regulated Articles

Regulated articles are as follows:

(A) The emerald ash borer, Agrilus planipennis Fairmaire, in any stage of development.

(B) All plants and plant parts of the genus Fraxinus, including but not limited to:

1. Logs and green lumber
2. Nursery stock, scion wood, and bud wood
3. Chips and mulch, either composted or uncomposted
4. Stumps, roots, and branches

(C) Firewood of any non-coniferous (hardwood) species

(D) Any article, product, or means of conveyance which the Commissioner determines to present a risk of spread of EAB and the Commissioner has notified the person in possession of that article, product, or means of conveyance, is subject to this quarantine.

(E) Exceptions are:

1. Ash seeds and leaves that contain no ash twigs, branches, and wood
2. Processed lumber that is free of bark and wane, kiln dried, and with squared edges
3. Finished wood products without bark, including furniture, baskets, and baseball bats

Section IV: Quarantined Areas

(A) The following are designated as quarantined areas:

Ramsey, Hennepin, Houston and Winona counties in Minnesota .

(B) The Commissioner may designate additional quarantined areas based upon future confirmation of the presence of the emerald ash borer. Such designations or changes will become effective upon the posting of notification on the Minnesota Department of Agriculture emerald ash borer website and in the printed listing available upon request through the Minnesota Department of Agriculture Plant Protection Division, 625 N. Robert St., St. Paul, MN 55155, 1-888-545-6684 or Arrest.the.Pest@state.mn.us. In addition, notification will be made according to the requirements in Minnesota Statutes Section 18G.06, subd. 3(c).

Section V: Restrictions on Regulated Articles

(A) Use of Regulated Articles in a Quarantined Area.

1. The use of ash wood material for the manufacture of pallets and wood crating is prohibited in the quarantined areas, unless the wood is treated by methods approved by the Commissioner and takes place under a Compliance Agreement.

(B) Movement From a Quarantined Area to a Non-Quarantined Area.

1. The sale and/or movement of ash nursery stock out of a quarantined area is prohibited.
2. The movement of regulated articles, except ash nursery stock, from any quarantined area to any non-quarantined area is prohibited, except under conditions a. or b. below.
   1. The regulated article shall have been treated or subjected to special handling under a Compliance Agreement and a Certificate must be issued. The point of origin and the final destination shall be indicated on the bill of lading or other shipping documents. The Certificate shall be attached to or associated with the regulated articles and shall remain on/with the regulated articles until such articles reach their final destination. The Certificate shall be given to the recipient at the destination of the shipment and shall be retained with the shipping documents.
   2. A regulated article may be moved outside of the quarantined area to a receiving facility pursuant to a Compliance Agreement approved by the Commissioner or a United States Department of Agriculture designee for processing, utilization, and/or disposal.

(C) Movement Transiting a Quarantined Area When Regulated Articles Originate From a Non-Quarantined Area.

1. The transit of regulated articles originating from a non-quarantined area, through a quarantined area, to a non-quarantined area is prohibited, except under the following conditions:
   1. During the period of May 2 through September 30, if the regulated articles are shipped in an enclosed vehicle or completely enclosed by a covering adequate to prevent the infestation of regulated articles by emerald ash borer.
   2. During the period of May 2 through September 30, uncovered regulated articles may transit without stopping except for refueling or traffic conditions.
   3. Transit is not regulated during the period October 1 through May 1.

(D) Movement Within A Quarantined Area

1. Regulated articles may move within a quarantined area.

(E) Movement From A Non-Quarantined Area Into A Quarantined Area.

1. Regulated articles may move from a non-quarantined area into a quarantined area. Once an article has entered a quarantined area, it is subject to the same restrictions as an article that originated from the quarantined area.

(F) Removal Of Regulated Articles From Unauthorized Areas.

1. Any regulated articles moved in violation of this quarantine shall be removed to a permitted area within 24 hours of discovery or shall be subject to destruction under the direction of the Commissioner and at the expense of the owner or owners.

(G) Documentation.

1. All regulated articles originating from the quarantined area that are moved within Minnesota or that have been moved within Minnesota must be accompanied by certifications and/or shipping documents showing the movement was in accordance with this quarantine. Such documents must be shown to the Commissioner or any APHIS employee when requested.

Section VI: Penalties

(A) Any person violating these quarantine regulations is subject to the civil penalties up to $7,500.00 per day of violation or misdemeanor penalties set forth in Minnesota Statutes Sections 18J.10 (2011) and may be subject to criminal penalties set forth in Minnesota Statutes Sections 18J.11 (2011).

Section VII: Special Exemptions

(A) The Commissioner may allow, with written approval, the movement of emerald ash borer, in any living stage of development, into or within Minnesota for research purposes.

This Notice and State Formal Quarantine are effective February 22, 2012.

Signed copy on file

Dave Frederickson
Commissioner
Minnesota Department of Agriculture

AG: #2488080-v1