Whereas, the Commissioner of the Minnesota Department of Agriculture, having found that a new and emerging insect pest of pine (Pinus species) has been detected in other states and has a limited distribution at this time; and
Whereas, this insect, called the mountain pine beetle (Dendroctonus ponderosae Hopkins), is one of the most destructive forest pests in North America and is known for population outbreaks that have killed millions of pine trees in the western United States and Canada; and
Whereas the mountain pine beetle and associated suite of microorganisms are native to western North America but do not occur in Minnesota and are not known to occur in any other state, territory or province east of the Great Plains; and
Whereas pine is an environmentally important group of trees in Minnesota, with three native species extending throughout northern and eastern Minnesota, and is estimated to total 370 million trees according to the US Forest Service; and
Whereas pine is an economically important group of trees in Minnesota, with sawlogs, pulpwood and fuelwood, totaling more than 300,000 cords harvested annually in Minnesota according to the Minnesota Department of Natural Resources; and
Whereas mountain pine beetle is a generalist on all pine species, would find the climate of Minnesota suitable and would likely spread quickly throughout the pine resource of the Great Lakes Region once established and as a result poses a serious threat to pine trees in Minnesota; and
Whereas it is necessary to protect Minnesota’s pine timber production, the native ecosystem and pine as a landscape tree from mountain pine beetle; and
Whereas, mountain pine beetle can be spread by movement of pine logs with bark from infested areas into the state,
Now, therefore, the State of Minnesota is hereby establishing this plant exterior quarantine by the authority of Minnesota Statutes Chapter 18G.06, subd. 5 (2013), to prevent the spread of mountain pine beetle into Minnesota and sets forth: definitions, regulated articles, conditions of movement, violations and penalties, and special exemptions. This quarantine shall become effective immediately upon signing and will remain in effect until rescinded by the Commissioner.
“Commissioner” means the Commissioner of the Minnesota Department of Agriculture or his designee.
“Emerging insect pest” means an insect not native to Minnesota, already present in the United States but not yet widely established in Minnesota, whose introduction and establishment causes, or may cause, economic or environmental harm or harm to human health.
“Wood” means wood cut to any length or thickness such as logs, firewood or lumber.
“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, partnership, corporation, company, society, association, firm, governmental entity, legal entity or other organized group.
“Regulated Article” means any article listed under Section III of this quarantine regulation.
“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.
“Pine” means the Pinus genus of trees and their hybrids
(A) Regulated articles are as follows:
a. any living stage of the mountain pine beetle (Dendroctonus ponderosae Hopkins);
b. pine wood with bark
c. Any article, product or means of conveyance when it is determined by the State Plant Regulatory Official to present the risk of spread of the mountain pine beetle (Dendroctonus ponderosae Hopkins)
(B) Exceptions are:
a. Pine wood without bark (100% debarked)
b. Pine mulch or chips
c. Pine Christmas trees
d. Pine nursery stock
(A) The sale and/or movement of all regulated articles originating in any of the areas listed below into Minnesota are prohibited pursuant to Minnesota Statute 18G.06, subd. 4 (2013).
h. New Mexico
j. South Dakota
n. Any other areas of the United States as determined by the State Plant Regulatory Official to have an established mountain pine beetle population
(B) The sale and/or movement of all regulated articles originating in areas other than those listed above but transiting through those areas into Minnesota are prohibited pursuant to Minnesota Statute 18G.06, subd. 4 (2010).
(C) No person shall move or cause to be moved a regulated article which originates in, or has transited through, a regulated area into or through the state of Minnesota unless:
a. The person first enters into a compliance agreement with the Minnesota Department of Agriculture, and;
b. The regulated article is accompanied by a phytosanitary certificate from the originating state verifying that the material complies with the conditions of the associated Minnesota Department of Agriculture compliance agreement.
(D) Any regulated articles moved in violation of this quarantine shall be subject to destruction under the direction of the commissioner and at the expense of the owner or owners.
(A) Any person violating these quarantine regulations is subject to civil penalties of up to $7,500.00 per day of violation or misdemeanor penalties set forth in Minnesota Statutes Section 18J.10 (2010) and may be subject to criminal penalties set forth in Minnesota Statutes Section 18J.11 (2010).
(A) The Commissioner may allow, with written approval, the movement of regulated articles into or within Minnesota for research purposes.
This Notice and State Quarantine is effective January 1, 2015.
David J. Frederickson, Commissioner
Minnesota Department of Agriculture
Minnesota Department of Agriculture (MDA), 625 Robert Street N, St. Paul, MN 55155-2538, email@example.com