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Home » 2008 Issues » Weekly Report - 05/29/2008 to 06/04/2008 » 20080604-IR-312070595FRA Amends 312 IAC 18-3-12, which governs standards for the control of the larger pine shoot beetle, by adding Switzerland County to the Indiana state quarantine area. Effective 30 days after filing with...

  20080604-IR-312070595FRA Amends 312 IAC 18-3-12, which governs standards for the control of the larger pine shoot beetle, by adding Switzerland County to the Indiana state quarantine area. Effective 30 days after filing with...  

  • TITLE 312 NATURAL RESOURCES COMMISSION

    Final Rule
    LSA Document #07-595(F)

    DIGEST

    Amends 312 IAC 18-3-12, which governs standards for the control of the larger pine shoot beetle, by adding Switzerland County to the Indiana state quarantine area. Effective 30 days after filing with the Publisher.



    SECTION 1. 312 IAC 18-3-12 IS AMENDED TO READ AS FOLLOWS:

    312 IAC 18-3-12 Control of larger pine shoot beetles

    Authority: IC 14-10-2-4; IC 14-24-3
    Affected: IC 14-24


    Sec. 12. (a) The larger pine shoot beetle (Tomicus piniperda) is a pest or pathogen. This section governs standards for the control of the larger pine shoot beetle in Indiana.

    (b) Except as provided in subsection (c), the division has determined Indiana is an infested area where the larger pine shoot beetle is present.

    (c) Exempted from subsection (b) are the following counties:
    (1) Clark.
    (2) Clay.
    (3) Crawford.
    (4) Daviess.
    (5) Dubois.
    (6) Floyd.
    (7) Gibson.
    (8) Greene.
    (9) Harrison.
    (10) Jackson.
    (11) Jefferson.
    (12) Knox.
    (13) Lawrence.
    (14) Martin.
    (15) Ohio.
    (16) Orange.
    (17) Perry.
    (18) Pike.
    (19) Posey.
    (20) Scott.
    (21) Spencer.
    (22) Sullivan.
    (23) Switzerland.
    (24) (23) Vanderburgh.
    (25) (24) Warrick.
    (26) (25) Washington.

    (d) The following items are regulated articles:
    (1) The larger pine shoot beetle in any life stage.
    (2) Entire plants or parts of the genus pine (Pinus spp.). Exempted from this subdivision are plants that conform to each of the following:
    (A) Are less than thirty-six (36) inches high.
    (B) Are one (1) inch in basal diameter or less.
    (3) Logs and lumber of pine with bark attached. Exempted from this subdivision are logs of pine and pine lumber with bark attached if the:
    (A) source tree was felled during the period of July through October; and
    (B) logs and lumber are shipped from the quarantined area during the period of July through October.
    (4) Any other article, product, or means of conveyance if determined by the division director to present the risk of spread of the larger pine shoot beetle.

    (e) The following actions are ordered within the infested area:
    (1) The movement by a person of a regulated article to a destination outside the infested area is prohibited, except under the following conditions:
    (A) A thorough examination of all nursery stock takes place on a piece by piece basis.
    (B) A statistically based examination of Christmas trees is made according to the following schedules:
    TABLE 1. PAINTED (COLOR-ENHANCED) 
    PINE CHRISTMAS TREES1 
    No. of Trees in Shipment  No. of Trees to Sample  No. of Trees in Shipment  No. of Trees to Sample 
    1 – 72  All  700 – 800  120 
    73 – 100  73  801 – 900  121 
    101 – 200  96  901 – 1,000  122 
    201 – 300  106  1,001 – 2,000  126 
    301 – 400  111  2,001 – 3,000  127 
    401 – 500  115  3,001 – 5,000  128 
    501 – 600  117  5,001 – 10,000  129 
    601 – 700  119  10,001 or more  130 
    1If a pine shoot beetle is detected in any one (1) of the trees being sampled, the entire shipment must be rejected. If no pine shoot beetle is detected in any of the trees sampled, the shipment will be allowed to move with a limited permit. The limited permit must state, "All trees that remain unsold as of December 25 must be destroyed by burning or chipping, or must be fumigated prior to January 1.". 
    TABLE 2. NATURAL (UNPAINTED) 
    CHRISTMAS TREES1 
    No. of Trees in Shipment  No. of Trees to Sample  No. of Trees in Shipment  No. of Trees to Sample 
    1 – 57  All  501 – 600  80 
    58 – 100  58  601 – 700  81 
    101 – 200  69  701 – 1,000  82 
    201 – 300  75  1,001 – 3,000  84 
    301 – 400  77  3,001 – 10,000  85 
    401 – 500  79  10,001 or more  86 
    1If a pine shoot beetle is detected in any one (1) of the trees being sampled, the entire shipment must be rejected. If no pine shoot beetle is detected in any of the trees sampled, the shipment will be allowed to move with a limited permit. The limited permit must state, "All trees that remain unsold as of December 25 must be destroyed by burning or chipping, or must be fumigated prior to January 1.".  
    (C) Following the examination, a determination is made that no life stages of the larger pine shoot beetle are present. The determination must be accompanied by either of the following:
    (i) A certificate of inspection approved by the division.
    (ii) A certificate or similar authorization issued by the U.S. Department of Agriculture under a parallel federal quarantine.
    (D) The certificate for the absence of the larger pine shoot beetle must be attached to and remain on the regulated articles until the articles reach their destinations. This requirement is, however, satisfied if the:
    (i) certificate is attached to the shipping document; and
    (ii) regulated article is adequately described on the shipping document of the certificate.
    (2) A regulated article originating outside the infested area may move through the infested area without a certificate of inspection if the point of origin of the regulated article is indicated on the waybill or shipping documents and transportation conforms with this subdivision. Passage through the infested area must be made without stopping, except for refueling or traffic conditions, and shall be conducted within either of the following conditions:
    (A) The ambient temperature is below fifty (50) degrees Fahrenheit.
    (B) The regulated article is carried in an enclosed vehicle with an adequate covering to prevent access by the larger pine shoot beetle. Examples of an adequate covering include canvas, plastic, or loosely woven cloth.
    (3) A regulated article originating outside the infested area that is:
    (A) moved into the infested area; and
    (B) exposed to potential infestation by the larger pine shoot beetle;
    is considered to have originated from the infested area. Any regulated article under this subdivision is controlled by subdivision (1).
    (4) The movement of a regulated article from an infested area through any noninfested area to another infested area is prohibited without a certificate for the absence of the larger pine shoot beetle except where both of the following conditions are met:
    (A) Passage through a noninfested area is made without stopping, except for refueling or traffic conditions, if:
    (i) the ambient temperature is below fifty (50) degrees Fahrenheit; or
    (ii) in an enclosed vehicle with an adequate covering to prevent access by the larger pine shoot beetle.
    (B) The waybill or shipping documents accompanying any shipment of regulated articles within or through Indiana indicate the county and state of origin of the regulated articles.
    (5) Any regulated article imported or moved within Indiana in violation of this section shall be immediately removed from any noninfested area or destroyed. The expense of compliance with this subdivision is the joint and several responsibility of any person possessing or owning the regulated article. Compliance with this subsection shall be performed under the direction of the division director.
    (6) In addition to the penalty set forth in subdivision (5), a person who violates this section is subject to any administrative, civil, or criminal sanction set forth in IC 14-24 and this article.
    (7) This section does not preclude the division director from issuing any permit under section 3 of this rule.
    (Natural Resources Commission; 312 IAC 18-3-12; filed Nov 22, 1996, 3:00 p.m.: 20 IR 950; filed Dec 3, 1997, 3:30 p.m.: 21 IR 1273; filed Feb 9, 1999, 4:16 p.m.: 22 IR 1945; filed Apr 4, 2001, 3:02 p.m.: 24 IR 2404; filed May 16, 2002, 12:28 p.m.: 25 IR 3049; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; filed May 19, 2003, 8:50 a.m.: 26 IR 3313; filed May 25, 2005, 10:30 a.m.: 28 IR 2951; filed Feb 27, 2007, 2:23 p.m.: 20070328-IR-312060134FRA; filed May 7, 2008, 12:45 p.m.: 20080604-IR-312070595FRA)


    LSA Document #07-595(F)
    Notice of Intent: 20071003-IR-312070595NIA
    Proposed Rule: 20071226-IR-312070595PRA
    Hearing Held: January 31, 2008
    Approved by Attorney General: April 29, 2008
    Approved by Governor: May 7, 2008
    Filed with Publisher: May 7, 2008, 12:45 p.m.
    Documents Incorporated by Reference: None Received by Publisher
    Small Business Regulatory Coordinator: Megan Abraham, Division of Entomology and Plant Pathology, Department of Natural Resources, Indiana Government Center South, 402 West Washington Street, Room W290, Indianapolis, IN 46204, (317) 234-5182, mabraham@dnr.in.gov

    Posted: 06/04/2008 by Legislative Services Agency

    DIN: 20080604-IR-312070595FRA
    Composed: Nov 01,2016 12:25:22AM EDT
    A PDF version of this document.
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Document Information

Rules:
312IAC18-3-12