Section 21.21. Thousand cankers disease of walnut trees.

 

(1)   Definitions. In this section:

(a) "Bark" means all of the following:

1. The exterior bark of a tree.

2. Ingrown bark around knots in a tree.

3. Bark pockets occurring between a tree's annual growth rings.

4. One-half inch of wood and all vascular cambium adjacent to any bark under subds. 1. to 3.

(b) "Firewood" has the meaning contained in s. ATCP 21.01 (6p) .

(c) "Infested area" means all of the following:

1. The states of Arizona, California, Colorado, Idaho, Nevada, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Virginia, and Washington.

2. Any state or country, or any delineated area within a state or country, which the responsible state agency has declared to be infested with thousand cankers disease.

(d) "Pest control official" is the same as defined in s. ATCP 21.01 (11) .

(e) "Thousand cankers disease" means a pest complex, consisting of the walnut twig beetle Pityophthorus juglandis and the fungal pathogen Geosmithia morbida sp. Nov .

(2)   Knowingly Importing Plant Pest; Prohibition. No person may knowingly import the walnut twig beetle or the fungal pathogen Geosmithia morbida sp. Nov into this state, except pursuant to a permit under s. 94.03 , Stats., and s. ATCP 21.04 .

(3)   Importing Materials From Infested Areas; Prohibition. Except as provided in sub. (4) , no person may import any of the following materials into this state if those materials originate from or have been exposed to the environment in any infested area:

(a) Firewood from any species of tree.

(b) Living or dead plants or plant parts of the genus Juglans , including nursery stock, budwood, scionwood, green lumber, logs, stumps, roots, branches, composted chips, and uncomposted chips. This paragraph does not apply to any of the following:

1. Nuts, nut meats, or nut hulls.

2. Processed lumber, with square edges, which is 100% bark-free and kiln-dried.

3. Finished wood products without bark, including furniture, musical instruments, and gun stocks made with walnut.

(4)   exemptions. Subsection (3) does not apply to any of the following:

(a) Material specified in sub. (3) (a) and (b) that are accompanied by a written certificate, signed by a pest control official in the infested area, which describes the materials and states at least one of the following:

1. The materials have not been exposed to thousand cankers disease. The certificate shall explain the basis for the official's statement.

2. The materials have been effectively treated to destroy thousand cankers disease. The certificate shall specify the date and method of treatment.

3. The materials have been produced, processed, stored, handled, or used under conditions, described in the certificate, which effectively preclude the transmission of thousand cankers disease.

(b) Material imported in compliance with a written agreement, between the importer and the department, which includes all of the following:

1. The name and address of the importer.

2. The type and volume of material that may be imported under the agreement.

3. The locations from which the material may be imported under the agreement.

4. The names and addresses of the persons to whom, and the locations to which, the material may be imported under the agreement.

5. The method by which the material may be imported.

6. The time period covered by the agreement.

7. The importer's commitment to keep complete records of each import shipment under the agreement, and to submit those records to the department for inspection and copying upon request.

8. Specific import terms and conditions that will, in the department's opinion, effectively ensure that materials imported pursuant to the agreement will not introduce thousand cankers disease into this state.

9. A provision authorizing the department to suspend the agreement, without prior notice, for any reason.

CR 11-001 : cr. Register July 2011 No. 667 , eff. 8-1-11; CR 13-063 : am. (1) (c) 1. Register April 2014 No. 700 , eff. 5-1-14; CR 14-047 : am. (1) (c) 2. Register May 2015 No. 713 , eff. 6-1-15.

Note

Information on areas with confirmed populations by the USDA can be found at: http://www.thousandcankerdisease.com/ . Microsoft Windows NT 6.1.7601 Service Pack 1