APHIS adds portions of Alabama, Minnesota, Nebraska, and Maine to the Emerald Ash Borer (Agrilus planipennis) Regulated Area

FOR INFORMATION AND ACTION

DA-2019-19

August 2, 2019

 

Subject:          APHIS adds portions of Alabama, Minnesota, Nebraska, and Maine to the Emerald Ash Borer (Agrilus planipennis) Regulated Area

 

To:                  State and Territory Agricultural Regulatory Officials

 

Effective immediately, the Animal and Plant Health Inspection Service (APHIS) is adding the following counties to the list of regulated areas for the emerald ash borer (EAB):

• All of St. Clair and Talladega Counties, Alabama;
• All of Stearns County, Minnesota;
• All of Otoe, Lancaster, and Saunders Counties, Nebraska;
• All of York County, Maine; and
• The northeast portion of Aroostook County, Maine.

 

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, APHIS regulates the interstate movement of EAB host wood and wood products from the quarantined areas, 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. Relevant Federal Orders are 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 contact Pest Management Director Dr. Clarissa J. Maroon-Lango at clarissa.j.maroon-lango@usda.gov or 301-851-2328.

 

/s/

Osama El-Lissy

Deputy Administrator

Plant Protection and Quarantine

 

 

 

 

FEDERAL ORDER

Domestic Quarantine of Portions of Alabama, Minnesota, Nebraska, and Maine for

Emerald Ash Borer

(Agrilus planipennis)

 

DA-2019-19

August 2, 2019

 

This Federal Order expands the list of regulated areas for emerald ash borer (EAB) to include portions of Alabama, Minnesota, Nebraska, and Maine.

 

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 for EAB:

• Clair and Talladega counties in Alabama;
• Stearns County in Minnesota;
• Lancaster, Saunders, and Otoe counties in Nebraska;
• York County, Maine; and
• The northeast portion of Aroostook County in Maine, including the following Minor Civil Divisions: Cross Lake Township (T17 R5 WELS), Cyr Plantation, Eagle Lake, Fort Kent, Frenchville, Grand Isle, Hamlin, Madawaska, Madawaska Lake Township (T16 R4 WELS), New Canada, Saint Agatha, Sinclair Township (T17 R4 WELS), Stockholm, T16 R5 WELS, T16 R6 WELS, T17 R3 WELS, Van Buren and Wallagrass.

 

Due to the expansion of EAB, the Administrator of the Animal and Plant Health Inspection Service (APHIS) finds it necessary to regulate these areas of Alabama, Minnesota, Nebraska, and Maine. Effective immediately, all interstate movement of EAB regulated articles from these quarantined areas 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 Alabama, Minnesota, Nebraska, and Maine have 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.

 

For more details on the federal EAB regulatory program, you may contact Pest Management Director Dr. Clarissa J. Maroon-Lango at clarissa.j.maroon-lango@usda.gov or 301-851-2328. For information on the regulatory requirements to move articles out of quarantined areas, please call the APHIS State Plant Health Director in Alabama (Jeff Head, 662- 270-4412); Minnesota (Erin Stiers, 952-814-1071); Maine (Rachel Nyce, 207-848-0008); and Nebraska (Shayne Galford, 402-434-2346).