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3700. Oak Mortality Disease Control

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3700. Oak Mortality Disease Control CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE 455.1 PLANT QUARANTINE MANUAL 09-06-07 parvula (Shreve’s oak)* Please also see Federal Domestic Quarantine 301.92 Rhododendron species (azaleas and rhododendrons) for regulations on the interstate movement of regulated Rosa gymnocarpa (wood rose) articles. Salix caprea (goat willow) Sequoia sempervirens (coast redwood) Syringa vulgaris (lilac) 3700. OAK MORTALITY DISEASE CONTROL Taxus baccata (European yew) Trientalis latifolia (Western star flower) State Miscellaneous Ruling Umbellularia californica (California bay laurel) Vaccinium ovatum (huckleberry) Restrictions are hereby established against this pest, its hosts, Viburnum spp. (All species of viburnum); and possible carriers. (2) Associated articles (nursery stock) of the following (a) Pest. A fungus, Phytophthora ramorum, which causes oak plants: mortality disease (sudden oak death). Abies concolor (white fir) (b) Regulated Area. The regulated area for the pest is: Abies grandis (grand fir) Abies magnifica (red fir) (1) The entire counties of Alameda, Contra Costa, Humboldt, Acer circinatum (vine maple) Lake, Marin, Mendocino, Monterey, Napa, San Acer davidii (striped bark maple) Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, Acer laevigatum (evergreen maple) and Sonoma. Arbutus unedo (strawberry tree) Arctostaphylos columbiana (manzanita) (c) Articles and Commodities Covered. The following are Arctostaphylos uva-ursi (Kinnikinnick) declared to be hosts or potential carriers of the pest: Ardisia japonica (Ardisia) Calycanthus occidentalis (spicebush) (1) Plants and plant parts (except acorns or seed and a * Castanopsis orthacantha (Castanopsis) includes the bole) of: Ceanothus thyrsiflorus (blue blossom) Cinnamomum camphora (camphor tree) Acer macrophyllum (bigleaf maple) Clintonia andrewsiana (Andrew’s clintonia bead lily) Acer pseudoplatanus (planetree maple)* Cornus kousa x Cornus capitata (Cornus Norman Adiantum aleuticum (Western maidenhair fern) Haddon) Adiantum jordanii (California maidenhair fern) Corylus cornuta (California hazelnut) Aesculus californica (California buckeye) Distylium myricoides (myrtle-leafed distylium) Aesculus hippocastanum (horse chestnut)* Drimys winteri (Winter’s bark) Arbutus menziesii (madrone) Dryopteris arguta (California wood fern) Arctostaphylos manzanita (manzanita) Eucalyptus haemastoma (Scribbly gum) Calluna vulgaris (Scotch heather) Euonymus kiautschovicus (spreading euonymus) Camellia spp. (includes all species, hybrids and cultivars) Fraxinus latifolia (Oregon ash) Castanea sativa (sweet chestnut) Garrya elliptica (Silk tassel tree) Fagus sylvatica (European beech)* Gaultheria shallon (salal, Oregon wintergreen) Frangula californica (=Rhamnus californica) (California Hamamelis x intermedia [(H. mollis and H. japonica) coffeeberry) (hybrid witchhazel)]Hamamelis mollis (Chinese Frangula purshiana (=Rhamnus purshiana) (cascara) witchhazel) Fraxinus excelsior (European ash)* Ilex purpurea (Oriental holly) Griselinia littoralis (Griselinia) Kalmia angustifolia (sheep laurel) Hamamelis virginiana (witch hazel) Leucothoe axillaries (fetter-bush, dog hobble) Heteromeles arbutifolia (Toyon or Christmas berry) Leucothoe fontanesiana (drooping leucothoe) Kalmia spp. ( includes all species, hybrids and cultivars) Loropetalum chinense (Loropetalum) Laurus nobilis (bay laurel) Magnolia grandiflora (Southern magnolia) Lithocarpus densiflorus (tanoak)* Magnolia stellata (star magnolia) Lonicera hispidula (California honeysuckle) Magnolia x loebneri (Loebner magnolia) Maianthemum racemosum (=Smilacina racemosa, false Magnolia x soulangeana (saucer magnolia) Solomon’s seal) Mahonia aquifolium (Oregon grape) Michelia doltsopa (Michelia) Manglietia insignis (red lotus tree) Parrotia persica (Persian ironwood) Michelia maudiae (Michelia) Photinia fraseri (red tip or Fraser’s photinia) Michelia wilsonii (Michelia) Pieris spp. (includes all species, hybrids and cultivars) Nerium oleander (oleander) Pseudotsuga menziesii var. menziesii and all nursery Nothofagus obliqua (Roble beech) grown P. menziesii (Douglas-fir) Osmorhiza berteroi (sweet Cicely) Quercus agrifolia (coast live oak)* Osmanthus delavayi (Delavay Osmanthus) Quercus cerris (European turkey oak)* Osmanthus decorus [(=Phillyrea decora; =P. Quercus chrysolepis (canyon live oak)* vilmoriniana) (Osmanthus)] Quercus falcata (Southern red oak)* Osmanthus fragrans (sweet olive) Quercus ilex (Holm oak) Osmanthus heterophyllus (holly olive) Quercus kelloggii (California black oak)* Parakmeria lotungensis (Eastern joy lotus tree) Quercus parvula var. shrevei and all nursery grown Q. Pittosporum undulatum (Victorian box) 455.2 CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE 09-06-07 PLANT QUARANTINE MANUAL Prunus laurocerasus (English laurel) handling, utilization, or processing which is Prunus lusitanica (Portuguese laurel cherry) authorized by the official and the conditions Pyracantha koidzumii (Formosa firethorn) under which this shall be conducted. If the Quercus acuta (Japanese evergreen oak) issuance of a permit is denied, an appeal may Quercus petraea (Sessile oak) be filed with the department as provided in Quercus rubra (Northern red oak) subsection (e). Rosa cultivars: Royal Bonica (tagged: “MEImodac”), Pink Meidiland (tagged: “MEIpoque”), Pink Sevillana (C) If the article or commodity is being moved from (tagged: “MEIgeroka”) outside the regulated area and is being moved Rosa rugosa (rugosa rose) through the regulated area by direct route and Rubus spectabilis (salmonberry) without delay. Schima wallichii (Chinese guger tree) Taxus brevifolia (Pacific yew) (2) At the retail level, articles and commodities covered Taxus x media (Yew) are prohibited movement from the regulated area Torreya californica (California nutmeg) except when the person in possession has proof of Toxicodendron diversilobum (poison oak) purchase showing the commodity was purchased Vancouveria planipetala (Redwood ivy) from a seller who is in compliance with paragraph (d)(1)(A). (3) Unprocessed wood and wood products (including but not limited to bark chips, mulch and firewood- except when (e) Appeal/Hearing Procedures. completely free of bark) of the plants listed in paragraph (c)(1) as bole hosts and plant products of the plants in (1) An appeal pursuant to paragraph (d)(1)(B) may be paragraph (c)(1), including but not limited to filed with the department within seven (7) calendar dried or preserved wreaths; days of the date of denial of the permit. A hearing shall be conducted within 48 hours of an appeal that (4) Any other product, article or means of conveyance is timely filed. An appeal that is not timely filed shall when it is determined by the secretary, based upon be denied and no hearing shall be conducted in generally accepted scientific principles, that it presents a connection therewith. risk of spreading the pest because it is a host or potential carrier of the pest. (2) Hearings shall be conducted pursuant to Chapter 4.5 (commencing with section 11400) of Division 3 (d) Restrictions. of Title 2 of the Government Code and these regulations. (1) Articles and commodities covered in subsection (c) are (3) Hearings shall be presided over and conducted by a prohibited movement from the regulated area except as hearing officer designated by the secretary. provided in paragraph (A), (B) or (C) below: (4) Hearings may be conducted by telephone, at the (A) If accompanied by a certificate issued by an discretion of the secretary. authorized agricultural official affirming that the (5) The decision of the hearing officer shall be in articles and commodities have been: writing. The decision shall be in minute order form, containing only a brief statement of the conclusion 1. Produced and maintained in an area which and findings to support the conclusion. It may be has been surveyed by an authorized handwritten. agricultural official in a manner approved, based upon generally accepted scientific (6) The decision shall be issued within 24 hours after principles, by the secretary to detect the the conclusion of the hearing and may be issued pest and the area has been found to be free orally at the conclusion of the hearing subject to of the pest; or, written confirmation. (7) The written decision shall be served on the 2. Grown, produced, manufactured, stored, or appellant or designated representative either by handled in a manner approved by the personal service or, if available, by facsimile secretary, based upon generally accepted transmission. scientific principles, by the secretary to prevent infestation by the pest; or, (8) The hearing officer’s decision shall be final and not appealable to the secretary or any other officer of 3. Tested in a manner approved, based upon the Department. generally accepted scientific principles, by the secretary to detect the pest and found to (9) The appellant may seek judicial review of the be free of the pest. hearing officer’s decision by filing a petition for a writ of administrative mandamus in the appropriate court (B) If the article or commodity does not meet the pursuant to Code of Civil Procedure section 1084 et conditions in paragraph (d)(1)(A), it may seq. nevertheless be moved if a permit is issued by an authorized agricultural official specifying the (10) Hearings shall be recorded by audiotape. required containment conditions necessary to prevent potential spread of the pest; the article or commodity covered; the destination; and the CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE 455.3 PLANT QUARANTINE MANUAL 03-06-07 Note: Authority: Sections 407, 5321 and 5322, Food and Agricultural Code. Reference: Sections 24.5, 5321, and 5322, Food and Agricultural Code; Sections 11425.50 and 11440.10, Government Code; Section 1084 et seq., Code of Civil Procedure. ADDITIONAL HOSTS APPENDIX 1 09/03/04 At this time, there are no additional hosts. ADDITIONAL INFESTED AREAS APPENDIX 2 09/03/04 At this time, there are no additional infested areas. .
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