APHIS adds all of Minnehaha County, areas in Lincoln County, and areas in Turner County in South Dakota to the regulated areas for the emerald ash borer, Agrilus planipennis

USDA-APHIS GovDelivery Header
Having trouble viewing this email? View it as a Web page.
Bookmark and Share

FOR INFORMATION AND ACTION

DA-2018-24

July 26, 2018

 

Subject:           APHIS adds all of Minnehaha County, areas in Lincoln County, and areas in Turner County in South Dakota to the regulated areas for the emerald ash borer, Agrilus planipennis

 

To:                   State and Territory Agricultural Regulatory Officials

 

Effective immediately, the Animal and Plant Health Inspection Service (APHIS) is adding all of Minnehaha County in South Dakota and areas north of Highway 18 in Lincoln County and north of Highway 18 and east of Highway 19 in Turner County in South Dakota to the list of regulated areas for the emerald ash borer (EAB). APHIS is taking this action in response to the expansion of EAB in these areas.

 

To prevent the spread of EAB to other states, the attached Federal Order outlines specific conditions for the interstate movement of EAB-regulated articles from the quarantined area. Specifically, the interstate movement of EAB-host wood and wood products from the quarantined areas is regulated, including firewood of all hardwood species, nursery stock, green lumber, waste, compost, and chips of ash species.

 

EAB is an invasive wood-boring beetle that is native to China and other areas of East Asia. The beetle is present in some portions of the United States, and because of its continuing spread, APHIS has established regulated areas that are designated in the Code of Federal Regulations (CFR) at 7 CFR 301.53-3 and the Federal Orders located at:

 

http://www.aphis.usda.gov/planthealth/eab_quarantine

 

APHIS works with state cooperators and foresters to prevent the human assisted movement of EAB, develop biological and other controls for EAB, and raise public awareness about this pest and the potential threats associated with the long-distance movement of firewood.

 

For more information about the EAB program and federal EAB regulations, please email the EAB National Policy Manager Dr. Robyn Rose at robyn.i.rose@aphis.usda.gov.

 

 

Osama El-Lissy

Deputy Administrator

Plant Protection and Quarantine

 

 

 

FEDERAL ORDER

 

Domestic Quarantine of all of Minnehaha County, areas in Lincoln County, and areas in Turner County in South Dakota for Emerald Ash Borer (Agrilus planipennis)

 

DA-2018-24

July 26, 2018

 

This Federal Order expands the list of regulated areas for emerald ash borer (EAB) to include all of Minnehaha County in South Dakota and areas north of Highway 18 in Lincoln County and north of Highway 18 and east of Highway 19 in Turner County in South Dakota.

 

This Federal Order is issued in accordance with the regulatory authority provided by the Plant Protection Act of June 20, 2000, as amended, Section 412(a), 7 U.S.C. 7712(a). The Act authorizes the Secretary of Agriculture to prohibit or restrict the movement in interstate commerce of any plant, plant part, or article, if the Secretary determines the prohibition or restriction is necessary to prevent the dissemination of a plant pest within the United States. This Federal Order is also issued pursuant to the regulations promulgated under the Plant Protection Act found at 7 Code of Federal Regulations (CFR) 301.53.

 

Effective immediately, this Federal Order quarantines all of Minnehaha County in South Dakota and areas north of Highway 18 in Lincoln County and north of Highway 18 and east of Highway 19 in Turner County in South Dakota for EAB. Due to the expansion of EAB, the Administrator of the Animal and Plant Health Inspection Service (APHIS) finds it necessary to regulate this area of South Dakota. Effective immediately, all interstate movement of EAB regulated articles from the quarantined area of South Dakota must be done in accordance with any applicable provisions of this Federal Order and the regulations promulgated pursuant to the Plant Protection Act found at 7 CFR 301.53 et seq and the Federal Orders located at:

 

http://www.aphis.usda.gov/planthealth/eab_quarantine

 

Section 7 CFR 301.53-3(a) allows the designation of less than an entire state as an EAB quarantined area only when the APHIS Administrator has determined—as in this case—that the designation of less than an entire state as a quarantined EAB area is adequate to prevent the interstate spread of infestations of EAB. In addition, 7 CFR 301.53-3(a) requires that the state enforce an intrastate EAB quarantine that is equivalent to the federal EAB regulations. The state plant regulatory official for South Dakota has confirmed the establishment of an intrastate quarantine for the regulated area that mirrors the federal regulatory requirements as specified in 7 CFR 301.53.

 

Section 7 CFR 301.53-3 (b) provides for the temporary designation of new quarantined areas pending publication of a rule to add counties to the list shown in 7 CFR 301.53-3(c). Section 7 CFR 301.53-3 (b) further requires written notification to the owner or person who possesses a newly quarantined area. This is the responsibility of the federal and/or state regulatory personnel who are responsible for the EAB program in the affected state.

 

Previous Federal Orders pertaining to the expansion of quarantined areas in the EAB domestic regulations have been necessary due to the continuing spread of EAB. This Federal Order further expands the quarantined areas as described in the previous EAB Federal Orders.

 

If you wish more details on the federal EAB regulatory program, you may email the EAB National Policy Manager Dr. Robyn Rose at robyn.i.rose@aphis.usda.gov. For information on the regulatory requirements to move articles out of quarantined areas please call the APHIS State Plant Health Director in South Dakota, David Hirsch at 701-250-4473.