NOTICES Declares TCD, the Fungus Geosmithia Morbida and the CAPITOL PRESERVATION Walnut Twig Beetle, Pityophthorus Juglandis, to Be Plant COMMITTEE Pests
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5216 NOTICES declares TCD, the fungus Geosmithia morbida and the CAPITOL PRESERVATION walnut twig beetle, Pityophthorus juglandis, to be plant COMMITTEE pests. D. Where the Department detects or confirms any of Request for Proposals the plant pests established in this Order of Quarantine— Thousand Cankers Disease, Geosmithia morbida or CPC 14.146: Clock Conservation and Mainte- Pityophthorus juglandis—the place or area in which any nance. This project involves the following cyclical main- of these plant pests are detected or confirmed shall be tenance: onsite oiling; studio cleaning; installation of subject to this Order of Quarantine. temporary clocks; weekly winding, general maintenance; E. The place or area in which the plant pest is detected condition assessment reports; and documentation of his- or confirmed shall be added to this Order of Quarantine toric wall and mantle clocks. A $100 deposit is required through an addendum delineating the specific location for issuance of project documents. Issue date of the and geographic parameters of the area or place. Such request for proposal will be September 4, 2014. A manda- addendum shall be published in the Pennsylvania Bulle- tory preproposal conference and walk through will be held tin and enforcement of this Order of Quarantine with on September 18, 2014, at 10 a.m. in Room 630, Main regard to that place or area shall become effective Capitol Building, Harrisburg, PA. The proposal receipt immediately upon such publication in the Pennsylvania date is October 14, 2014, at 2 p.m. Project documents Bulletin. may be obtained in Room 630, Main Capitol Building, Order Harrisburg, PA or by contacting Tara Pyle at (717) 783-6484. Under authority of section 21 of the act (3 P. S. DAVID L. CRAIG, § 258.21), and with the Recitals previously listed incorpo- Executive Director rated into this Order of Quarantine by reference, the Department orders the following: [Pa.B. Doc. No. 14-1630. Filed for public inspection August 1, 2014, 9:00 a.m.] 1. Establishment of Quarantine. A quarantine is hereby established with respect to Bucks, Chester, Delaware, Montgomery and Philadelphia counties and any other area or place delineated in an addendum to this Order of Quarantine as set forth in DEPARTMENT OF Paragraphs D. and E. of the ‘‘Recitals’’ to this Order of Quarantine. AGRICULTURE 2. Regulated Articles and Limitations Imposed. The Order of Quarantine; Thousand Cankers Disease plant pests established by this Order of Quarantine— Thousand Cankers Disease, Geosmithia morbida and of Walnut Pityophthorus juglandis—along with any material or ob- ject that may carry or spread those plant pests, such as Recitals the following objects or materials, are considered regu- lated articles under this Order of Quarantine and may A. Thousand Cankers Disease (TCD), a disease com- not be moved out of the quarantined area, unless done in plex that kills walnut trees, Juglans spp., has been accordance with Paragraph 3 of this Order of Quarantine: detected in the Commonwealth. There is no cure for a • tree once it is infected. The fungus Geosmithia morbida is Any life stage of the walnut twig beetle, Pityo- vectored by the walnut twig beetle, Pityophthorus phthorus juglandis. juglandis, causing small cankers under the bark of the • The fungal pathogen, Geosmithia morbida. tree. The beetle introduces the fungus while it tunnels • beneath the bark. As more beetles attack the tree, the Firewood of any non-coniferous (hardwood) species. number of cankers increases until they coalesce to girdle • All plants and plant parts of the genus Juglans. This twigs and branches, restricting movement of nutrients shall include, but is not limited to, all live, dead, infected and eventually killing the tree. Thousand Cankers Dis- or non-infected trees of the genus Juglans, nursery stock, ease has been detected in the Commonwealth and has the budwood, scionwood, green lumber, firewood, and other potential to spread to uninfested areas by natural means material living, dead, cut, fallen including stumps, roots, or through the movement of infested articles. branches, mulch, and composted and uncomposted chips. B. The Plant Pest Act (Act) (3 P. S. §§ 258.1—258.27) • Any other article or means of conveyance when it is empowers The Department of Agriculture (Department) determined by an inspector to present a risk of spread of to take various measures to detect, contain and eradicate Thousand Cankers Disease or the fungus Geosmithia plant pests. These powers include the authority to estab- morbida or the twig beetle Pityophthorus juglandis. lish quarantines to prevent the spread of plant pests Specific exemptions include nuts, nut meats, hulls, within this Commonwealth. processed lumber (which is one hundred percent bark-free and kiln-dried, with squared edges) and finished wood C. Under the authority of section 258.20 of the Act (3 products without bark, including walnut furniture, musi- P. S. § 258.20) the Department may declare a pest to be a cal instruments, and other items derived from the genus public nuisance when the Department determines a plant Juglans. pest to be dangerous or destructive to the agriculture, horticulture or forests of this Commonwealth. For the 3. Movement of regulated articles from quarantined reasons set forth in Paragraph A above, the Department areas. A regulated article, delineated in Paragraph 2 of PENNSYLVANIA BULLETIN, VOL. 44, NO. 31, AUGUST 2, 2014 NOTICES 5217 this Order of Quarantine, may be moved from a quaran- determined this movement will not result in the spread of tined area only under the following circumstances: Thousand Cankers Disease, the fungus Geosmithia a. With a valid certificate or limited permit attached morbida or the twig beetle Pityophthorus juglandis be- and issued in accordance with the provisions of Para- cause those plant pests will have been destroyed by the graph 4 or Paragraph 6 of this Order of Quarantine. The specific processing, handling or utilization process under- valid certificate or limited permit shall be attached to the taken and completed prior to movement of the regulated regulated article(s) as set forth in Paragraph 5 of this article. Order of Quarantine. 5. Documentation to Accompany Regulated Articles in b. Without a certificate or limited permit attached and Movement from a Quarantined Area. If a regulated issued in accordance with the provisions of Paragraph 4 article(s), delineated in Paragraph 2 of this Order of of this Order of Quarantine if the regulated article Quarantine, is to be moved from a quarantined area, the originates outside the quarantined area and is moved regulated article(s) shall be plainly marked with the intrastate through the quarantined area under the follow- ing conditions: name and address of the consignor and any person utilized in processing the regulated article for movement i. The points of origin and destination are indicated on and the name and address of the consignee and must a waybill accompanying the regulated article; and have a copy of the applicable Department-issued or ii. The regulated article, if moved through the quaran- Department-authorized (by compliance agreement as de- tined area during the period of May 1 through August 31 scribed in Paragraph 6 of this Order of Quarantine) or when the ambient air temperature is 40°F or higher, is certificate or limited permit securely attached to each moved in an enclosed vehicle or is completely covered, regulated article itself or the container carrying each such as by a tarp or full shrink wrapping, to prevent regulated article and such certificate or limited permit exposure to Thousand Cankers Disease or the fungus shall be attached to the consignee’s copy of the accompa- Geosmithia morbida or the twig beetle Pityophthorus nying waybill at all times during movement. The descrip- juglandis or access to the regulated article by any of the tion of the regulated article(s) on the certificate or limited plant pests established in this Order of Quarantine; and permit, and on the waybill, shall be sufficient to identify iii. The regulated article is moved directly through the each regulated article. The consignor shall be responsible quarantined area without stopping (except for refueling or for compliance with such documentation standards and for traffic conditions, such as traffic lights or stop signs), shall assure the carrier furnishes the certificate or limited or has been stored, packed or handled at locations permit authorizing the movement of the regulated article approved by the Department inspector as not posing a to the consignee at the destination of the shipment. The risk of infestation by or exposure to Thousand Cankers consignor, carrier and the consignee shall keep a copy of Disease or the fungus Geosmithia morbida or the twig the certificate or limited permit. All such records shall be beetle Pityophthorus juglandis; and maintained by the consignee, consignor and carrier for a iv. The article has not been combined or commingled period of 2 years. Such records shall be made available to with other articles so as to lose its individual identity. the Department for inspection upon request. 4. Obtaining a Certificate or Limited Permit from the 6. Compliance Agreements. The Department will con- Department for Movement of Articles. The Department or sider entering into a compliance agreement with any a person operating under a compliance agreement, as set person that demonstrates an understanding of the re- forth in Paragraph 6 of this Order of Quarantine, may quirements of this Order of Quarantine and satisfies the issue a certificate or limited permit authorizing the Department that said person is capable of issuing certifi- movement of a regulated article, delineated in Paragraph cates or limited permits in accordance with the require- 2 of this Order of Quarantine, if it is satisfied that all of ments of this Order of Quarantine.