Wisconsin Department of Agriculture, Trade and Consumer Protection
Initial Regulatory Flexibility
Analysis
Rule Subject:
Mountain pine beetle exterior quarantine
Adm. Code Reference
:
ATCP
2
1
Rules Clearinghouse #:
Not yet assigned
DATCP Docket #:
15-R
-
01
Rule Summary
This
proposed
rule
will
restrict the import of certain pine wood products from states and provinces with infestations of
the
mountain pine beetle
into Wisconsin
. Pine products effectively treated to preclude the transmission of
the
mountain pine beetle will be exempt from the rule or permitted
under a compliance agreement.
Business
es
Affected
The vast majority of
Wisconsin
businesses that use pine acquire pine that has been grown in Wisconsin, Minnesota, or Michigan.
The m
ountain
pine beetle is not known to exist in Wisconsin or in any state bordering Wisconsin, so this rule is not anticipated to have a significant effect
on Wisconsin businesses. There
are, however,
some businesses that will certainly be at least somewhat
affected by this
rule and
include
the following:
1.
Wisconsin
log home crafters
.
Some species of western pine, including lodgepole pine (
Pinus
contorta
)
, are desirable for the construction of log homes.
Businesses that use western pine for log home construction may need to switch to Midwestern or southern pine, or non-pine tree species for construction. Continued use of western pine may
result in higher material costs
as certain treatments would need to be applied to western pine logs
in order
to prevent mountain pine beetle introductions.
2.
Wisconsin importers
.
Log Brokers.
Brokers of logs from western states and/or provinces
may have to be more selective about the logs they send to Wisconsin and will have additional reporting and bookkeeping requirements if they wish to import western pine logs into Wisconsin. The rule will create an option to enter into a compliance agreement with
the Department
to make sure that imported logs have been effectively treated to preclude the transmission of mountain pine beetle. Importers will also need to work with
the Department
and compliant receiving facilities to
ensure the Department
is notified prior to the import of regulated articles.
Pole manufacturers. Pole manufactures that occasionally import bark-free Ponderosa pine will be asked to enter into a compliance agreement with
the Department
. Any additional costs associated with record keeping or notifications would be minimal.
Reporting, Bookkeeping and other Procedures
T
his rule
would create
new
bookkeeping
and notification
requirements
for businesses that hold a compliance agreement with
the Department
.
Businesses wishing to import regulated items would need to enter into a
compliance agreement with the Department and notify the D
epartment prior to receiving regulated items
. Businesses would also need to maintain records of the regulated items r
eceived for a 36-
month period and make those r
ecords available for review by D
epartment personnel.
Professional Skills Required
The skills and abilities needed to comply with reporting and bookkeeping requirements are not expected to exceed those already possessed by the businesses
the Department
anticipates working with.
Accommodation for Small Business
Most
of the busine
sses affected by this rule are small businesses.
Affected businesses will be encouraged to work with
the Department
’s
Bureau of Plant Industry
to find solutions to negative outcomes this rule may yield. Businesses may
work with the D
epartment to
enter into a compliance agreement, which will allow the business to import regulated items provided that risks of mountain pine beetle have been mitigated.
Conclusion
This rule will generally
have a relatively minor effect
on a small number of
businesses, including small businesses.
This rule will not have a
significant adverse effect on small business,
and
is not subject to the delayed small business
effective date provided in s.
227.22
(2)
(e)
, Stats.
