Wisconsin Department of Agriculture, Trade and Consumer Protection
Initial Regulatory Flexibility Analysis
Rule Subject:
Plant
Pest
Import Controls and Quarantines
Adm. Code Reference:
ATCP 21
Clearinghouse #:
Not Applicable
DATCP Docket #:
15-
R-04
Rule Description
This emergency rule creates
a
quarantine for
Taylor County
for
the gypsy moth
,
Lymantri
a
dispar
(“
GM
”)
. Under this rule
,
the Department of Agriculture, Trade and Consumer Protection
(“DATCP”) quarantines
Taylor County
to
restrict the movement of GM from generally infested areas
to other areas of Wisconsin and
to
other states.
DATCP is adopting this temporary emergency rule pending the adoption of a
parallel
federal regulation
to quarantine
Taylor County
.
The f
ederal quarantine will
be enacted approximately six to eight
weeks after a formal submission by the st
ate plant regulatory official.
The emergency rule will take effect immediately upon publication in the official state newspaper, and will remain in effect for
150 days. The Legislature’s Joint Committee for Review of Administrative Rules may extend the emergency rule for up to 120 additional days
.
DATCP
conducts annual trapping surveys for
GM. The
2014
survey in
Taylor County
showed that current and projected GM populations there have reached the threshold level to trigger implementation of further regulatory measures. Over the last three years, multiple trap sites in
Taylor County
have caught over 100 individual moths, with an average trap count of
19
in 201
4
. These counts represent a
six
-fold increase from 2011. The survey data indicate that reproducing populations of GM now exist at significant levels in
Taylor County
.
E
radication is no
longer
feasible
; targeted area treatments were last applied in 2013, and no further treatments are planned for Taylor County
. These findings support the need for a quarantine to limit
GM
movement and to prevent the artificial spread of this
infestation
.
Create a quarantine for GM for
Taylor County
that prohibits the movement of all trees, woody shrubs, cut Christmas trees, logs, pulpwood,
slabwood
, firewood or wood chips out of
Taylor County
or any contiguous GM quarantined counties.
Prohibit any common carrier from transporting any used outdoor household item out of
Taylor County
or any contiguous GM quarantined counties.
Provide an exemption for articles that have been inspected and certified by a pest control official or trained inspector and are accompanied by a written certificate issued by that official or inspector.
Provide an exemption for businesses that enter into a state or federal compliance agreement. The compliance agreement describes in detail what a company can and cannot do with regulated articles.
Small Business Affected
This emergency rule may have an impact on persons or companies that deal in any
nursery stock,
hardwood firewood or
timber
materials in
Taylor County
.
The affected businesses are all small businesses. This emergency rule restricts the sale or distribution of
nursery
trees, Christmas trees, timber
and
raw
wood
products plus any hardwood firewood from
Taylor County
to locations outside of
the
county
or any
contiguously
quarantined counties,
and
to
neighboring states
.
The business impact of this emergency rule depends on the number of
:
1)
nurseries that sell/distribute nursery stock outside
thi
s
count
y
,
2)
firewood producers/dealers that sell/distribute outside
this county
,
3)
loggers and
sawmills that move untreated
timber or
raw wood products
outside
this county
, and
4) untreated
wood waste
(
e.g.
brush, chips or mulch)
that is moved outside
this county
.
Taylor County
ha
s
a total of
11
licensed nursery growers
and dealers
that could possibly
transport
nursery stock.
Taylor County also has 19 licensed Christmas tree growers.
Those growers will not be able to
move or
sell nursery stock
and cut Christmas trees
outside of the
quarantine area
without a compliance agreement
with DATCP or
the
U.S. Department of Agriculture
’s
Animal and Plant Health Inspection Service (“APHIS”)
that authorizes movement of
nursery stock
and cut trees
outside of the quarantine only when there is assurance that the movement will not spread GM to non-quarantined locations
.
There
are
an estimated
13
firewood dealers in
Taylor County
.
Firewood dealers
would need to be certified under
s
.
ATCP 21.20
to sell
or move
firewood outside of the
contiguous quarantine area
. To obtain certification
,
a firewood dealer pay
s a $50
annual
certification fee to DATCP
and treat
s the firewood in a manner that e
nsures it is free of
regulated insect pests.
There
are
an estimated
13
lumber
mill
s
in
Taylor County
and an
estimated
11
other tree service/
wood processing facilities
that
may also
deal with
woody material
.
These businesses also will have to enter into a compliance agreement to transport logs, timber or raw wood products outside of the quarantine area
.
Reporting, Bookkeeping and other Procedures
Nursery growers will not have any additional reporting or record-keeping requirements. Wood products industries (
e.g.
loggers,
firewood producers or
saw
mills)
and Christmas tree growers
who enter into a compliance agreement shall keep records of all regulated product movement that leaves the contiguous quarantine area.
Professional Skills Required
No additional professional skills are required.
Accommodation for
Small Business
DATCP recognizes that every small business is different.
DATCP
will
work with individual businesses to meet the requirements of the quarantine while accommodating the unique character
of the i
ndividual business. Therefore
compliance agreement
s
will be designed to satisfy the regulations with minimal negative effects to the business.
Conclusion
This rule will help
affected businesses in
Taylor County
to move
nursery stock and
timber
material without moving
GM
to areas free from
GM
. This will in turn help to protect the
resources on which the
se
businesses
depend. This rule may
impose additional costs on some businesses, including small business
es,
depending on the nature of their
reliance on
nursery
trees or
timber
products
.
T
he department works closely with each affected business to minimize any costs and
these costs are
outweighed by the protection
of
Wisconsin’s
woodland and forest
resource
.