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Whereas, the Commissioner previously imposed an emergency quarantine on August 25. 2011 that remains in effect until superseded by this quarantine; and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 This quarantine shall become effective immediately and will remain in effect until withdrawn or superseded.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:
(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:
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.
(B) Movement From a Quarantined Area to a Non-Quarantined Area.
(C) Movement Transiting a Quarantined Area When Regulated Articles Originate From a Non-Quarantined Area.
(D) Movement Within A Quarantined Area
(E) Movement From A Non-Quarantined Area Into A Quarantined Area.
(F) Removal Of Regulated Articles From Unauthorized Areas.
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
Minnesota Department of Agriculture
Minnesota Department of Agriculture (MDA), 625 Robert Street N, St. Paul, MN 55155-2538, firstname.lastname@example.org