7 CFR Ch. III (1–1–11 Edition)

§ 319.77–2 7 CFR Ch. III (1–1–11 Edition)

Canadian noninfested area. Any area lands, Puerto Rico, the Virgin Islands of Canada that is not listed as a gypsy of the United States, and all other ter- moth infested area in § 319.77–3 of this ritories and possessions of the United subpart. States. Certification of origin. A signed, accu- U.S. infested area. Any area of the rate statement certifying the area in United States listed as a gypsy moth which a regulated article was produced generally infested area in § 301.45–3 of or grown. The statement may be pro- this chapter. vided directly on the shipping docu- U.S. noninfested area. Any area of the ments accompanying shipments of United States that is not listed as a commercial wood products from Can- gypsy moth generally infested area in ada, or may be provided on a separate § 301.45–3 of this chapter. certificate. [64 FR 45866, Aug. 23, 1999, as amended at 65 Gypsy moth. The insect known as the FR 38175, June 20, 2000] gypsy moth, Lymantria dispar (Lin- naeus), in any stage of development. § 319.77–2 Regulated articles. Import (imported, importation). To In order to prevent the spread of bring or move into the territorial lim- gypsy moth from Canada into non- its of the United States. infested areas of the United States, the Mobile home. Any vehicle, other than gypsy moth host materials listed in a recreational vehicle, designed to paragraphs (a) through (g) of this sec- serve, when parked, as a dwelling or tion are designated as regulated arti- place of business. cles. Regulated articles may be im- Outdoor household articles. Articles ported into the United States from associated with a household that are Canada only under the conditions de- generally kept or used outside the scribed in § 319.77–4 of this subpart. home. Examples of outdoor household (a) Trees without roots (e.g., Christ- articles are awnings, barbeque grills, mas trees), unless they were green- bicycles, boats, dog houses, firewood, house-grown throughout the year; garden tools, hauling trailers, outdoor (b) Trees with roots, unless they were furniture and toys, recreational vehi- greenhouse-grown throughout the year; cles and their associated equipment, (c) Shrubs with roots and persistent and tents. woody stems, unless they were green- Phytosanitary certificate. A document house-grown throughout the year; issued by an official authorized by the (d) Logs with bark attached; national government of Canada that (e) Pulpwood with bark attached; contains a description of the regulated (f) Bark and bark products; article intended for importation into (g) Outdoor household articles; and the United States and that certifies (h) Mobile homes and their associ- that the article has been thoroughly ated equipment. inspected or treated, is believed to be [64 FR 45866, Aug. 23, 1999, as amended at 71 free from plant pests, and is otherwise FR 40878, July 19, 2006] believed to be eligible for importation pursuant to the current phytosanitary § 319.77–3 Gypsy moth infested areas laws and regulations of the United in Canada. States. A phytosanitary certificate The following areas in Canada are must be addressed to the Animal and known to be infested with gypsy moth: Plant Health Inspection Service and (a) Province of New Brunswick—(1) may be issued no more than 14 days Charlotte County. That portion of Char- prior to the shipment of the regulated lotte County that includes the fol- article. lowing parishes: Campobello Island, Recreational vehicles. Vehicles, includ- Dumbarton, Dufferin, Grand Manan Is- ing pickup truck campers, one-piece land, St. Andrews, St. Croix, St. David, motor homes, and travel trailers, de- St. George, St. James, St. Patrick, and signed to serve as temporary places of St. Stephen. dwelling. (2) Kings County. That portion of United States. All of the States of the Kings County that includes the fol- United States, the District of Colum- lowing parishes: Greenwich, Kars, and bia, Guam, the Northern Mariana Is- Springfield.

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(3) Queens County. (i) That portion of Hants/Halifax County border to route Queens County that includes the fol- 354; then north along route 354 to the lowing parishes: Canning, Cambridge, Minas Basin; then west along the Gagetown, Johnston, and Wickham; shoreline of the Minas Basin to the and point of beginning. (ii) That portion of Chipman Parish (5) Kings County. The entire county. south or west of highway 10; and (6) Lunenberg County. The entire (iii) That portion of Waterborough county. Parish west of highway 10 and south of (7) Queens County. The entire county. highway 2. (8) Shelburne County. The entire coun- (4) Sunbury County. That portion of ty. Sunbury County that includes the fol- (9) Yarmouth County. The entire coun- lowing parishes: Blissville, Burton, ty. Gladstone, Lincoln, and Sheffield. (c) Province of Ontario. (1) That por- (5) York County. (i) That portion of tion of the Province of Ontario that in- York County that includes the City of cludes the following counties and re- Fredericton and the following parishes: gional municipalities: Brant, Bruce, North Lake and McAdam; and Dufferin, Durham, Elgin, Essex, (ii) That portion of Queensbury par- Frontenac, Grey, Haldimand-Norfolk, ish south and east of the Scotch Lake Haliburton, Halton, Hamilton-Went- Road beginning in the west at Bear Is- worth, Hastings, Huron, Kent, land on the St. John River and ending Lambton, Lanark, Leeds-Granville, at the Parish border on the east. Lennox-Addington, Middlesex, (b) Province of Nova Scotia—(1) Annap- Muskoka, Niagara, Northumberland, olis County. The entire county. Ottawa-Carleton, Oxford, Parry Sound, (2) Digby County. The entire county. Peel, Perth, Peterborough, Prescott- (3) Halifax County. The area of the Russell, Prince Edward, Renfrew, county bounded by a line beginning at Simcoe, Stormont-Dundas-Glengarry, the intersection of the Halifax/ Victoria, Waterloo, Wellington, and Lunenburg County border and the At- York; and lantic Ocean; then north along the Halifax/Lunenburg County border to (2) That portion of Algoma District the Halifax/Hants County border; then that includes the City of Sault Ste. east along the Halifax/Hants County Marie and the following townships: border to route 354; then south along Bright, Bright Additional, Cobden, route 354 to route 568 (Beaverbank- Denis, Garden River First Nation, In- Windsor Junction Road); then east dian Reserve #7, Johnson, Korah, along route 568 (Beaverbank-Windsor Laird, Lefroy, Lewis, Long, Mac- Junction Road) to route 416 (Fall River Donald, Parke, Plummer Additional, Road); then east and north along route Prince, Tarbutt, Tarbutt Additional, 416 (Fall River Road) to route 2; then Tarentorus, Thessalon, Thompson, south along route 2 to route 102/118; Shedden, Spragge, and Striker; and then south along route 118 to route 107; (3) That portion of Algoma District then south along route 107 to route 7; south of Highway 17 and east of the then east along route 7 to route 328; City of Sault Ste. Marie; and then south along route 328 to the shore- (4) That portion of Manitoulin Dis- line of Cole Harbour; then west along trict that includes: Cockburn Island, the seashore from Cole Harbour to the Great Cloche Island, Manitoulin Island, point of beginning. St. Joseph Island, and all Indian Re- (4) Hants County. The area of the serves; and county bounded by a line beginning at (5) That portion of Nipissing District the intersection of the Hants/Kings that includes the City of North Bay; County border and the shoreline of the and Minas Basin; then southwest along the (6) That portion of Nipissing District Hants/Kings County border to the south of the Ottawa and Mattawa riv- Hants/Lunenburg County border; then ers; and southeast along the Hants/Lunenburg (7) That portion of Nipissing District County border to the Hants/Halifax south of highway 17 and west of the County border; then east along the City of North Bay; and

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(8) That portion of Sudbury District (5) That portion of the regional coun- that includes the City of Sudbury and ty municipality of La Valleé-de-la- the townships of Baldwin, Dryden, Gatineau that includes the following Dunlop, Graham, Hallam, Hymen, In- municipalities: Denholm, Gracefield, dian Reserves #4, #5, and #6, Lorne, Kazabazua, Lac-Sainte-Marie, Low, Louise; May, McKim, Nairn, Neelon, Northfield, and Wright; and Porter, Salter, Shakespeare, Victoria, (6) That portion of the regional coun- and Waters; and ty municipality of Le Centre-de-la- (9) That portion of the Sudbury Dis- Mauricie that includes the following trict south of Highway 17. municipalities: Charette, Notre-Dame- (d) Province of Quebec. (1) That por- du-Mont-Carmel, Sainte-Elie, tion of the Province of Quebec that in- Shawinigan, and Shawinigan (Sud); and cludes the following regional county (7) That portion of the regional coun- municipalities: Acton, Arthabaska, As- ty municipality of Les Laurentides bestos, Beauce-Sartigan, Beauharnois- that includes the following munici- Salaberry, Bećancour, Bellechasse, pality: La Conception; and Brome-Missisquoi, Champlain, (8) That portion of the regional coun- Coaticook, Communaute´ Urbaine de ty municipality of Les Pays-d’en-Haut Montreál, Communaute´ Urbaine de that includes the following munici- L’Outaouais, D’Autray, Desjardins, pality: Mont-Rolland; and Deux-Montagnes, Drummond, (9) That portion of the regional coun- Francheville, Joliette, L’Amiante, ty municipality of Maskinonge´ that in- L’Assomption, L’E´ rable, L’ıˆle- cludes the following municipalities: d’Orleáns, Lajemmerais, Laval, La Louiseville, Maskinonge´, Saint-Joseph- Nouvelle-Beauce, La Rivie`re-du-Nord, de-Maskinonge´, Saint-Barnabe´, Saint- La Valleé-du-Richelieu, Le Bas- Se´ve`re, Saint-León-le-Grand, Saint- Richelieu, Le Granit, Le Haut- Paulin, Sainte-Ursule, Saint-Justin, Richelieu, Le Haut-Saint-Francois, Le Saint-e´douard-de-Maskinonge´, Sainte- Haut-Saint-Laurent, Le Haute- Ange`le-de-Pre´mont, and Yamachiche; Yamaska, Le Val-Saint-Francois, Les and Chutes-de-la-Chaudire, Les Collines-de- (10) That portion of the regional L’Outaouais, Les Etchemins, Les county municipality of Matawinie that Jardins-de-Napierville, Les includes the following municipalities: Maskoutains, Les Moulins, Lotbinie`re, Saint-Fe´lix-de-Valois, Saint-Jean-de- Memphre´magog, Mirabel, Montcalm, Matha, Rawdon, and Chertsey; and Montmagny, Nicolet-Yamaska, Robert- (11) That portion of the regional Cliche, Roussillon, Rouville, county municipality of Papineau that Sherbrooke, Therese-de Blainville, and includes the following municipalities: Vaudreuil-Soulanges; and Fassett, Lochaber, Lochaber-Partie- (2) That portion of the regional coun- Ouest, Mayo, Montebello, Montpellier, ty municipality of Antoine-Llabelle Mulgrave-et-Derry, Notre-Dame-de- that includes the following municipali- Bon-Secours-Partie-Nord, ties: Notre-Dame-du-Laus, Notre- Papineauville, Plaisance, Ripon (Vil- Dame-de-Pontmain, and Saint-Aime´- lage et Canton), Saint-Andre´-Avellin du-Lac-des-Iles; and (Village et Paroise), Sainte-Ange´lique, (3) That portion of the regional coun- Saint-Sixte, and Thurso; and ty municipality of Argenteuil that in- (12) That portion of the regional cludes the following municipalities: county municipality of Pontiac that Brownsburg, Calumet, Carillon, Chat- includes the following municipalities: ham, Grenville, Lachute, Saint-Andre´- Bristol, Shawville, Clarendon, Portage- d’Argenteuil, and Saint-Andre´-Est; and du-Fort, Bryson, Campbell’s Bay, (4) That portion of the regional coun- Grand-Calumet, Litchfield, Thorne, ty municipality of Communaute´ Alleyn-et-Cawood, Leslie-Clapham-et- Urbaine De Que´bec that includes the Huddersfield, Fort-Coulonge, Mans- following municipalities: Cap-Rouge, field-et-Pontefract, Waltham-et- L’Ancienne-Lorette, Que´bec, Saint- Bryson, L’Isle-aux-Allumettes-Partie- Augustin-de-Desmaures, Sainte-Foy, Est, Chapeau, L’Isle-aux-Allumettes, Sillery, and Vanier; and Chichester, Sheen-Esher-Aberdeen-et-

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Malakoff, and Rapides-des-Joachims; accordance with part 305 of this chap- and ter. (13) That portion of the regional (ii) If the trees or shrubs originated county municipality of Portneuf that in a Canadian noninfested area, they includes the following municipalities: must be accompanied by a certification Cap-Sante´, Deschambault, Donnacona, of origin stating that they were pro- Grondines, Neuville, and Pointe-aux- duced in an area of Canada where Trembles. gypsy moth is not known to occur. [65 FR 38175, June 20, 2000, as amended at 67 (b) Bark and bark products and logs FR 59453, Sept. 23, 2002] and pulpwood with bark attached.2 (1) Bark and bark products or logs or pulp- § 319.77–4 Conditions for the importa- wood with bark attached that are des- tion of regulated articles. tined for a U.S. infested area and that (a) Trees and shrubs. 1 (1) Trees with- will not be moved through any U.S. out roots (e.g., Christmas trees), trees noninfested area other than non- with roots, and shrubs with roots and infested areas in the counties of persistent woody stems may be im- Aroostock, Franklin, Oxford, ported into the United States from any Piscataquis, Penobscot, and Somerset, area of Canada without restriction ME (i.e., areas in those counties that under this subpart if they: are not listed in § 301.45–3 of this chap- (i) Were greenhouse-grown through- ter) may be imported from any area of out the year; Canada without restriction under this (ii) Are destined for a U.S. infested subpart. area and will not be moved through (2) Bark and bark products or logs or any U.S. noninfested areas; or pulpwood with bark attached that are (iii) Are Christmas trees destined for destined for a U.S. noninfested area or a U.S. infested area and will not be will be moved through a U.S. non- moved through any U.S. noninfested infested area may be imported into the areas other than noninfested areas in United States from Canada only under the counties of Aroostock, Franklin, the following conditions: Oxford, Piscataquis, Penobscot, and (i) If the bark, bark products, logs, or Somerset, ME (i.e., areas in those coun- pulpwood originated in a Canadian in- ties that are not listed in 7 CFR 301.45– fested area, they must be either: 3). (A) Accompanied by an officially en- (2) Trees without roots (e.g., Christ- dorsed Canadian phytosanitary certifi- mas trees), trees with roots, and shrubs cate that includes an additional dec- with roots and persistent woody stems laration confirming that they have that are destined for a U.S. noninfested been inspected and found free of gypsy area or will be moved through a U.S. moth or that they have been treated noninfested area may be imported into for gypsy moth in accordance with part the United States from Canada only 305 of this chapter; or under the following conditions: (B) Destined for a specified U.S. proc- (i) If the trees or shrubs originated in essing plant or mill under compliance a Canadian infested area, they must be agreement with the Animal and Plant accompanied by an officially endorsed Health Inspection Service for specified Canadian phytosanitary certificate handling or processing. that includes an additional declaration (ii) If the bark, bark products, logs, confirming that the trees or shrubs or pulpwood originated in a Canadian have been inspected and found free of noninfested area, they must be accom- gypsy moth or that the trees or shrubs panied by a certification of origin stat- have been treated for gypsy moth in ing that they were produced in an area of Canada where gypsy moth is not 1 Trees and shrubs from Canada may be known to occur. subject to additional restrictions under ‘‘Subpart-Nursery Stock, Plants, Roots, Seeds, and Other Plant Products’’ (§§ 319.37 2 Bark, bark products, and logs from Can- through § 319.37–14 of this part) and ‘‘Sub- ada are also subject to restrictions under part—Logs, Lumber, and Other Unmanufac- ‘‘Subpart—Logs, Lumber, and Other Un- tured Wood Articles’’ (§§ 319.40–1 through manufactured Wood Articles’’ (§§ 319.40 319.40–11 of this part). through 319.40–11 of this part).

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